TOWN OF ERWIN CODE OF ORDINANCES

Transcription

1 TOWN OF ERWIN CODE OF ORDINANCES This is an uncertified electronic version of the Town of Erwin Code of Ordinances. The text is presumed to be accurate and complete; however, due to changes and amendments the Table of Contents, some page numbering, and the Index to the Code of Ordinances may not be accurate displayed. Many significant changes to Part 9 - Chapter 4 Zoning, prompted this ordinance to be adopted as a new Zoning Ordinance on 7 September 2000 thus replacing the previous version. Several grammatical corrections and a few text amendments were made to the Zoning Ordinance and adopted on 3 May You may notice that Part 8 - Chapter 2 Animals and Part 9 Planning and Regulations of Development appear in a format different than other Parts of the Code and that Chapters 9 and 11 in Part 9 were incorporated into Chapter 4 Zoning. With the Adobe Reader you should be able to use the Search and Print features. The Adobe Reader (free from adobe.com) included on this CD may not be the most current version. Check their web site for any updates.

2 TOWN OFFICIALS MAYOR Patsy M. Carson BOARD OF COMMISSIONERS Randy L. Baker, Mayor Pro Tem Frank Taylor Ricky W. Blackmon Norma Ennis Frankie Ballard William R. Turnage TOWN MANAGER Bryan Thompson TOWN CLERK Cynthia B. Patterson TOWN ATTORNEY C. Mac Hunter

3 FOREWORD This Code of Ordinances for the Town of Erwin is provided by the North Carolina League of Municipalities as part of its services program. Technical staff assistance has been provided by Public Research and Management, Inc., of Atlanta, Georgia, which was responsible for the organization, codification, indexing and printing of the Code. The Code consists of: The Charter and all local acts which are not a part of the Charter document; State laws which govern the organization and procedure of the municipal governing body. These laws control in situations to which they apply unless the Charter provided otherwise; and The Code of Ordinances, which includes citations referring to official source and date of original ordinances; those without citations which represent new ordinances. This Code is designed to serve as a complete compilation of ordinances and as a reliable reference guide. The parts, chapters and articles of the Code follow in logical order. The table of contents, the sectional analysis at the beginning of each chapter, and the indices provide sufficient points of reference for all elements of the Code. The League offers a full range of services to supplement this Code and to keep it current. It is published in loose-leaf form so that all new ordinances may be printed for inclusion on a regular basis. A periodic update - supplement service is available from the League, secured through an agreement between the Town and the League, whereby the Town would send new ordinances and amendments to the League, which would print replacement pages for the Code. Also, the League will supplement the sections on State laws and local acts as amendments, changes or new enactments occur in the General Assembly. We gratefully acknowledge the cooperation and assistance rendered by the municipal officials in the preparation of this Code. S. Leigh Wilson Executive Director North Carolina League of Municipalities

4 AN ORDINANCE REVISING, CONSOLIDATING, ELABORATING AND ADDING TO THE ORDINANCES OF THE TOWN OF ERWIN, NORTH CAROLINA BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF ERWIN OF THE STATE OF NORTH CAROLINA THAT: Section 1. The following compilation of ordinances set out immediately after the Charter, Other Local Laws, and Related State Laws portions of this volume and designated as Division 11, Parts 1-9 inclusive, is hereby adopted as the official Code of Ordinances of the Town of Erwin, North Carolina. Section 2. (a) All ordinances of a general and permanent nature of the town enacted on or before and not included within this code, or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of this ordinance, except as provided in Section 3. (b) To the extent that ordinances or portions of ordinances included within this code are the same in substance as ordinances in effect prior to the adoption of this code, it is intended that they be treated as continuations and not as new enactments or amendments, in order that all rights and liabilities that have accrued are preserved and may be enforced. Section 3. This code of ordinances contains all of the general and permanent ordinances of the Town of Erwin, but it does not contain, and is not intended to affect, the following classes of ordinances or actions having the effect of ordinances: (1) Annexation ordinances; (2) Budget ordinances or amendments thereto; (3) Bond orders and ordinances; (4) Ordinances granting a franchise; (5) Ordinances or resolutions pertaining to the exercise of the power of eminent domain; (6) Ordinances or resolutions pertaining to the levy of special assessments; (7) Ordinances amending the charter of the Town of Erwin, pursuant to Article 5, Part 4 of Chapter 160A,General Statutes of North Carolina; (8) Ordinances, resolutions, or orders naming, renaming, or closing a street; (9) Resolutions of any type; (10) Ordinances or resolutions redrawing the boundaries of wards or election districts.

5 Section 4. No provision of this ordinance is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private): (a) Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provision of an ordinance repealed by the adoption of this code. (b) Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any ordinance repealed by the adoption of this code. Section 5. No action or proceeding of any nature (whether civil or criminal, judicial or administrative or otherwise) pending on the effective date of this ordinance by or against the Town of Erwin or any of its departments or agencies shall be abated or otherwise affected by the adoption of this code. Section 6. If any portion of this code or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable. Section 7. A copy of this code shall be kept on file in the office of the clerk and it shall be the express duty of the clerk, or someone authorized by the clerk, to insert in their designated places all duly adopted amendments to this code, and to extract from this code all provisions which may be from time to time duly repealed. A copy of this code shall be available for all persons desiring to examine it during reasonable times, under the supervision of the clerk. Section 8. It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this code or to alter or tamper with the code in any manner whatsoever which will cause the ordinances of the Town of Erwin to be misrepresented thereby. Any person violating this Section shall be guilty of a misdemeanor, and shall be punished as provided in Section 14-4 of the General Statutes of North Carolina. Section 9. This ordinance, and the Code of Ordinances which it adopts, shall be in full force and effect from and after the day of 19. Adopted, this day of 197_. TOWN OF ERWIN By ATTEST: George R. Joseph, Sr., Mayor Ramona 0. Warren, Clerk

6 TABLE OF CONTENTS Page DIVISION I THE CHARTER AND OTHER RELATED LAWS THE CHARTER...C-1 RELATED LOCAL LAWS..L-1 RELATED STATE LAWS..S-1 DIVISION II CODE OF GENERAL ORDINANCES PART 1 INTRODUCTION.....I-1 Chapter 1 Use of the Code and Penalties I -1 PART 2 GOVERNMENT AND ADMINISTRATION Chapter 1 Board of Commissioners Chapter 2 Administration Organization Chapter 3 Departmental Operating Organization Chapter 4 Financial Administration Chapter 5 Social Security and Retirement Chapter 6 Personnel Policy Chapter 7 Boards and Commissions PART 3 PUBLIC SAFETY Chapter 1 Law Enforcement Chapter 2 Fire Prevention and Protection Chapter 3 Emergency and Rescue PART 4 Chapter 1 Chapter 2 Chapter 3 Chapter 4 PART 5 Chapter 1 Chapter 2 Chapter 3 PART 6 Chapter 1 Chapter 2 PUBLIC WORKS Streets and Sidewalks Garbage and Refuge Collection and Disposal Municipally Owned Cemeteries Parks and Recreation MUNICIPAL UTILITIES Water and Supply Distribution Sewage Collection and Disposal General Utility Regulations LICENSING AND REGULATION Business and Trades Street and Sidewalk Use and Regulation

7 PART 7 Chapter 1 PART 8 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 PART 9 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 MOTOR VEHICLES AND TRAFFIC General Traffic Regulations..7-1 NUISANCES Definition and Authority Animals. 8-6 Abandoned/ Nuisance Vehicles Weeds, Hedges, Tall Grasses, and Other Vegetation Rubbish, Litter General Health Regulations Disorderly Conduct Other General Nuisances PLANNING AND REGULATION OF DEVELOPMENT Building Code Enforcement Building Regulations Subdivision Regulations Zoning Flood Damage Prevention Public Water Supply Watershed Protection Water and Sewage Systems Trees Mobile Homes Minimum Housing Code Extraterritorial Jurisdiction Boundary Map APPENDIX I - TRAFFIC.....A-1 APPENDIX II - PERSONNEL A-22 ORDINANCE DISPOSITION TABLE..... O -1 INDEX TO CHARTER..... CI-1 INDEX TO CODE OF GENERAL ORDINANCES I-1

8 Section 1.1 Charter C-1 Section 1.1 Section 1.2 Section 1.3 Section 2.1 DIVISION I THE CHARTER AND OTHER RELATED LAWS THE CHARTER ARTICLE I Incorporation and Corporate Powers Incorporation and general powers. Exercise of powers. Enumerated powers not exclusive. ARTICLE II Corporate Boundaries Corporate boundaries. ARTICLE VII Administrative Officers and Employees Section 7.1 Town clerk. Section 7.2 Town tax collector. Section 7.3 Town accountant. Section 7.4 Consolidation of functions. Section 7.5 Other employees. ARTICLE VIII Finance Section 8.1 Custody of Town money. Section 8.2 Issuance of bonds. Section 8.3 Purchases and contracts. Section 8.4 Independent audit. Section 8.5 Taxation. ARTICLE IX Claims Against the Town Repealed by S. L. 1975, Ch. 361 ARTICLE III Mayor and Board of Commissioners Section 3.1 Mayor and Mayor Pro Tempore. Section 3.2 Composition of Board of Commissioners. Section 3.3 Terms; qualifications; vacancies. Section 3.4 Compensation of Mayor and Commissioners. Section 3.5 Organization of board; oaths of office. Section 3.6 Meetings of board. Section 3.7 Quorum; votes. Section 3.8 Ordinances and resolutions. ARTICLE IV Election Procedure Section 4.1 Regular municipal elections. Section 4.2 Voting. ARTICLE V Town Attorney Section 5.1 Appointment; qualifications; term; compensation Section 5.2 Duties of Town attorney. ARTICLE VI Council-Manager Form of Government Section 6.1 Council-Manager form of government. Section 6.2 Effective date. ARTICLE I Incorporation and Corporate Powers Section 1.1 Incorporation and general powers. The inhabitants of the area described in Section 2.1 of this Charter shall be and constitute a body politic and corporate under the name of the "Town of Erwin" and shall be vested with all property which may be acquired by the Town, and all rights herein delegated to it; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature. Section 1.2 Exercise of powers. All powers, functions, rights, privileges, and immunities of the Town, its officers, agencies, or employees, shall be carried into execution as

9 Section 1.2 Charter C-2 provided by this Charter, or, if this Charter makes no provision, as provided by ordinance or resolution of the Board of Commissioners and as provided by the general laws of North Carolina pertaining to municipal corporations. Section 2.1 ARTICLE II Corporate Boundaries Corporate boundaries. Section 1.3 Enumerated powers not exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Erwin shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate. (a) For the purposes of conducting the special election on the question of incorporation and for conducting the first election of Town officers should the special election result in incorporation, the corporate boundaries of the Town of Erwin shall be as follows until changed in accordance with subsection (b) of this Section or in accordance with other law: Beginning at a point on the South margin of West "E" Street, as shown on plat of Erwin subdivision said point being 400 feet West of the western margin of S-18th Street and runs in a northerly direction crossing West "E" Street 60 feet to a property line corner between Lots "E" and "F" as shown on Map 3 of Erwin Mills Property; thence along the line between said lots North 3 degrees 04 minutes East to West "F" Street extended a distance of feet; then crossing said street on the same course 60 feet to a corner between lot "B" and tract No. 23 shown on Map No. 3; thence along a line between Lots "A" and "B" and tract No. 23 South 3 degrees 04 minutes West about 320 feet plus minus to the corner of lot "B", and tract 22, 23, 24, shown on Map No. 3; thence North 0 degrees 41 minutes West feet to a corner of tract No. 21 in the line of tract No. 24; thence the same course North 0 degrees 41 minutes West, feet to a corner between tracts 20, 21, as shown on Map No. 3; thence as the line between tracts 20 and 21 North 49 degrees 17 minutes East feet to a stone in the West margin of the Old Dunn and Lillington Road; thence crossing said road 60 feet to a corner on the East margin of said road and then along the property line of tract No. 18 as shown on subdivision Map No. 2 of the Erwin Mills Property North 51 degrees 09 minutes East feet to a corner; thence along another line of tract No. 18 South 86 degrees 59 minutes East feet to a corner; thence along another line of tract No. 18 North 3 degrees 01 minutes East feet to a corner in a farm road; thence along said farm road a line between tracts Nos. 16 and 17, North 74 degrees 14 minutes East feet to a corner in said road, the corner between tracts Nos. 16 and

10 Section 2.1 Charter C-3 17, Map No. 2; thence a straight line following the old farm road as near as possible running in an easterly direction to US 421 and NC 55 Highways and crossing said highways on same course to a point 300 feet at right angle to the dual lane US 421 and NC 55 Highway right of way on the northeast side to a corner; thence a line parallel to said highway and 300 feet northeast from said right of way to a corner in the East side of the Carolina Power and Light Company steel tower transmission power line right of way, said point being 300 feet northeast at right angle to the right of the dual lane highway US 421 and NC 55 and this point is also southeast of the Old Field Church Road near Zola's Barbecue; thence a line along the East margin of said power line and crossing the dual lane highway US 421 and NC 55 and following its various courses to a point where said power line crosses the southern margin of McKay Street shown on Map "D" of the subdivision of Erwin Mills Property; thence along the southern margin of said McKay Street to a point 300 feet East of SR No. 1741; thence parallel with said road southwest to a point that is 1320 feet southwest of the southern margin of the Old Post Road SR No. 1746; thence along a line 1320 feet southeast of the southern margin of Old Post Road SR No and parallel to same to a corner that is located in line with a ditch at a distance of 3500 feet plus minus the corner; thence a line along said ditch in a northwestern direction to the center line of the intersection of Old Post Road SR No and Highway No. 217; thence along the center line of Old Post Road and SR No extended to and around the Cates Property and intersecting a line parallel and 300 feet South of the southern margin of "A" Street; thence 300 feet South and parallel to said "A" Street's southern margin to a point that intersects with the western margin of S18th Street; thence along the western margin of South 18th Street to the southern margin of West "E" Street; thence along the southern margin of West "E" Street 400 feet to the beginning. (b) As soon as practicable following their election, the Board of Commissioners of the Town of Erwin shall cause to be made an accurate survey of the corporate boundaries and shall cause to be made an accurate map based upon such survey. Such survey may vary from the description in subsection (a) of this Section by using, wherever practical, natural or man-made topographic features such as ridge lines, streams, creeks, or streets as boundaries or as references to boundaries. After such survey and map is completed, and after the Board of Commissioners of the Town of Erwin finds and declares upon its minutes that the boundaries shown on such map do not vary to an unreasonable degree from the description in subsection (a) of this Section, they shall cause accurate copies of such map to be filed in the office of the register of deeds of Harnett County and in the office of the Secretary of State of North Carolina. From and after the time a copy of such map is filed in the office of the register of deeds of Harnett County, the corporate boundaries as shown thereon shall be the corporate boundaries of the Town of Erwin until changed in accordance with law. An accurate copy of such map shall also be maintained in the Town offices.

11 Section 3.1 Charter C-4 ARTICLE III Mayor and Board of Commissioners Section 3.1 Mayor and Mayor Pro Tempore. The Mayor shall be elected by and from the qualified voters of the Town voting at large in the manner provided in Article IV. The Mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners. When there is an equal division upon any question, or in the appointment of officers, by the Board, the Mayor shall determine the matter by his vote, and shall vote in no other case. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the Town. The Board of Commissioners shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board. Section 3.2 Composition of Board of Commissioners The Board of Commissioners shall consist of six (6) members which members shall be residents of six (6) wards established by the Town Council in accordance with the map attached to Charter amending Ord. of 8/4/88 and incorporated herein as if fully set out and the six (6) members, each of whom shall reside within the ward from which he or she is elected, shall be elected by and from the qualified voters of the Town who live within the ward in which the candidate resides. (Ord. of 8/4/88) Section 3.3 Terms; qualifications; vacancies. (a) Except for the initial terms of office specified in division (d) below, the Mayor and the members of the Board of Commissioners shall serve for terms of four years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, they shall serve until their successors are elected and qualify. (b) No person shall be eligible to be a candidate or be elected as Mayor or as a member of the Board of Commissioners, or to serve in such capacity, unless he is a resident and a qualified voter of the Town. (c) If any elected Mayor or commissioner shall refuse to qualify, or if there shall be any vacancy in the office of Mayor or commissioner after election and qualification, the remaining members of the Board shall by majority vote appoint some qualified person to serve for the unexpired term. Any Mayor or commissioner so appointed shall have the same authority and powers as if regularly elected. (d) (1) The 1989 General Election shall place in contention candidates to be elected from Wards 1, 2, and 4 who shall serve for four. (4) years. (2) Wards 3, 5, and 6 shall be served by at large Commissioners David Ennis, Purdie Lockamy and James Wilson who shall serve their remaining terms ending in (3) Wards 3, 5, and 6 shall elect commissioners from each ward during the 1991 General Elections which commissioners shall serve two-year term. The Mayor shall also be elected in 1991 in accordance with Article III, Section 3.1 and shall serve a two-year term. (4) Unless later modified, all wards and the office of Mayor shall elect their respective representatives in 1993 which representative shall hold office for four years, and all the above offices, beginning in 1993, and thereafter shall stand for election simultaneously. (e) The foregoing plan is adopted pursuant to North Carolina General Statutes 160A-101, et. seq., to wit: (1) Expiration of terms served to be simultaneous 160A-101(4) (2) Number of council members 16OA-101(5) (3) Mode of Election 160A-101(6)(b) (4) And such other sections therein as shall be applicable to the amendments made. (Ord. of ) Section 3.4 Commissioners Compensation of Mayor and The Mayor shall receive for his services such salary as the Board of Commissioners shall determine, but not less than three hundred dollars ($300.00) per annum, and no reduction in his

12 Section 3.4 Charter C-5 salary shall be made to take effect during the term in which it is voted. The Board of Commissioners may establish a salary of not less than one hundred twenty dollars ($120.00) per annum for its members. Such salary may be increased or reduced, but no reduction shall be made to take effect as to any commissioner during the respective term of office which he is serving at the time the increase is voted. Section 3.5 office. Organization of board; oaths of The Board of Commissioners shall meet and organize for the transactions of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the Mayor and each commissioner shall take, subscribe, and have entered upon the minutes of the Board the following oath of office: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith and that I will faithfully perform the duties of the office of on which I am about to enter, according to my best skill and ability; so help me, God." adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance. (b) The affirmative vote of a majority of the members of the Board of Commissioners shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting. Section 3.8 Ordinances and resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clause of all ordinances shall be: "Be it ordained by the Board of Commissioners of the Town of Erwin." All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein, or unless some provision of the General Statutes provides otherwise. Section 3.6 Meetings of board. (a) The Board of Commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the commissioners, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting. (b) All meetings of the Board of Commissioners shall be open to the public. The Board shall not by executive session or otherwise formally consider or vote upon any question in private session. Section 3.7 Quorum; votes. (a) A majority of the members elected to the Board of Commissioners shall constitute a quorum for the conduct of business, but a less number may

13 Section 4.1 Charter C-6 Section 4.1 ARTICLE IV Election Procedure Regular municipal elections. Following the initial election hereinbefore provided for, regular municipal elections shall be held on the Tuesday after the first Monday in May of each odd-numbered year, beginning in In the regular 1969 election and quadrennially thereafter, there shall be elected by the qualified voters of the Town voting at large, two (2) commissioners to serve for ten of four (4) years, or until their successors are elected and qualify. In the regular 1971 election and quadrennially thereafter, there shall be elected by the qualified voters of the Town voting at large, a Mayor and three (3) commissioners to serve for terms of four (4) years, or until their successors are elected and qualify. Editorial Note: Under state law (C.S. Chapter 163), which supercedes this charter provision, municipal elections are now held in November of odd-numbered years. Editorial Note. Article III Section 3.2 and 3.3, have been substantially amended so that commissioners are now elected by ward rather than at large. Section 4.2 Voting. In the regular 1969 election and quadrennially thereafter, each voter shall be entitled to vote for two (2) candidates for commissioner, and the two (2) candidates for commissioner, who receive the largest numbers of votes cast for commissioner shall be declared elected. In the regular 1971 election and quadrennially thereafter, each voter shall be entitled to vote for one (1) candidate for Mayor and for three (3) candidates for commissioner, and the candidate for Mayor who receives the largest number of votes cast for Mayor shall be declared elected and the three (3) candidates who receive the largest numbers of votes cast for commissioner shall be declared elected. In case of a tie between opposing candidates, the election officials shall determine the result by lot. ARTICLE V Town Attorney Section 5.1 Appointment; qualifications; term; compensation. The Board of Commissioners shall appoint a Town attorney who shall be an attorney at law licensed to engage in the practice of law in. North Carolina and who need not be a resident of the Town during his tenure, The Town attorney shall serve at the pleasure of the Board of Commissioners and shall receive such compensation as the Board shall determine. Section 5.2 Duties of Town attorney. It shall be the duty of the Town attorney to prosecute and defend suits for and against the Town; to advise the Mayor, Board of Commissioners, and other Town officials with respect to the affairs of' the Town; to draw all legal documents relating to the affairs of the Town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments which with the Town may be concerned; to attend all meetings of the Board of Commissioners; and to perform such other duties as may be required of him by virtue of his position as Town attorney. Editorial Note: Sections 4.3 through 4.5, dealing with marking of ballots, candidates filing for election, and general regulations of elections, have been deleted because these matters are now regulated by state law, G.S. Chapter 163.

14 Section 6.1 Charter C-7 ARTICLE VI Council -Manager Form of Government Section 6.1 Council-Manager form of government. Pursuant to G.S. 160A-101 and 160A-102, the Charter of the Town of Erwin as set forth in Chapter 12 of the 1967 Session Laws of North Carolina, as amended, is hereby further amended as follows to provide that the Charter clearly establishes that the town operates under the council-manager form of government in accordance with Part 2 of Article 7 of G.S. Chapter 160A and any charter provisions not in conflict therewith. Section 6.2 Effective date. Subject to any referendum petitioned for and conducted pursuant to G.S. 160A-103, this ordinance shall be in full force and effect from and after the day of Feb. 6, (Ord. of 2/6/92) ARTICLE VII Administrative Officers and Employees Section 7.1 Town clerk. The Board of Commissioners shall appoint a Town clerk to keep a journal of the proceedings of the Board and to maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law or as the Board may direct. Section 7.2 Town tax collector. The Board of Commissioners may appoint a tax collector to collect all taxes, licenses, fees and other moneys belonging to the Town, subject to the provisions of this Charter and the ordinances of the Town, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities. Section 7.3 Town accountant. The Board of Commissioners may appoint a Town' accountant to perform the duties of the accountant as required by the Municipal Fiscal Control Act. Section 7.4 Consolidation of functions. The Board of Commissioners may, in its discretion, consolidate the functions of any two or more of the positions of Town clerk, Town tax collector, and Town accountant, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions. The Board may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named positions, in lieu of appointing several persons to perform the same. Section 7.5 Other employees. The Board of Commissioners may create and fill by appointment such other positions as it deems advisable to insure the efficient administration of the Town's affairs, and may, in its discretion,

15 Section 7.5 Charter C-8 appoint a person to supervise all Town departments and may delegate to such person the power of appointment and removal of department heads and employees, other than the Town attorney. Section 8.1 ARTICLE VIII Finance Custody of Town money. All moneys received by the Town for or in connection with the business of the Town government shall be paid promptly into the Town depository. Such institution shall be designated by the Board of Commissioners in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the Town shall accrue to the benefit of the Town. All moneys belonging to the Town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act. Section 8.2 Issuance of bonds. The Town may issue bonds for the purposes and in the manner prescribed by the General Statutes of North Carolina relating to the issuance of bonds by municipalities. Section 8.3 Purchases and contracts. Purchases of apparatus, supplies, materials, and equipment, and contracts for construction or repair work shall be made in accordance with the General Statutes of North Carolina relating thereto. Section 8.4 Independent audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the Town government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the Town or of any of its officers. The Board of Commissioners shall select the public accountant, and the results of each audit shall be made available for inspection by an interested citizen of the Town, and may be published if so ordered by the Board of Commissioners.

16 Section 8.5 Charter C-9 Section 8.5 Taxation. ARTICLE IX The territory within the corporate limits, and its citizens and property, shall be subject to municipal taxes levied by the Town for the fiscal year, and subsequent years. The Town may obtain from Harnett County, and the County shall provide upon request, a record of property within the corporate limits which was listed for taxation as of January 1, Claims Against the Town [Repealed by S.L. 1975, Ch. 361]

17 Reserved Charter L-1 Related Local Laws (Reserved)

18 S-1 State Laws Section 160A-64 STATE LAWS GOVERNING THE ORGANIZATION AND PROCEDURES OF THE GOVERNING BODY ARTICLE 5 Form of Government. Part 1. General Provisions. Section 160A-60 Qualifications for appointive office. Residence within, a city shall not be a qualification for or prerequisite to appointment to any city office not filled by election of the people, unless the charter or an ordinance provides otherwise. City councils shall have authority to fix qualifications for appointive offices, but shall have no authority to waive qualifications for appointive offices fixed by charters or general laws. Section 160A-61 Oath of office. Every person elected by the people or appointed to any city office shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in Article VI, Section 7 of the Constitution. Oaths of office shall be administered by some person authorized by law to administer oaths, and shall be filed with the city clerk. Section 160A-62 Officers to hold over until successors qualified. All city officers, whether elected or appointed, shall continue to hold office until their successors are chosen and qualified. This section shall not apply when an office or position has been abolished, when an appointed officer of [sic] employee has been discharged, or when an elected officer has been removed from office. Section 160A-63 Vacancies. All vacancies that occur in any elective office of a city shall be filled by appointment of the city council for the remainder of the unexpired term. If the number of vacancies on the council is such that a quorum of the council cannot be obtained, the mayor shall appoint enough members to make up a quorum, and the council shall then proceed to fill the remaining vacancies. If the number of vacancies on the council is such that a quorum of the' council cannot be obtained and the office of mayor is vacant, the Governor may fill the vacancies upon the request of any remaining member of the council, or upon the petition of any five registered voters of the city. Vacancies in appointive offices shall be filled by the same authority that makes the initial appointment. This section shall not apply to vacancies in cities that have not held a city election, levied any taxes, or engaged in any municipal functions for a period of five years or more. In cities whose elections are conducted on a partisan basis, a person appointed to fill a vacancy in an elective office shall be a member of the same political party as the person whom he replaces if that person was elected as the nominee of a political party. Section 160A-64 and council. Compensation of mayor a. The council may fix its own compensation and the compensation of the mayor and any other elected officers of the city by publication in and adoption of the annual budget ordinance, but the salary of an elected officer other than a member of the council may not be reduced during the then - current term of office unless he agrees thereto. The mayor, councilmen, and other elected officers are entitled to reimbursement for actual expenses incurred in the course of performing their official duties at rates not in excess of those allowed to other city officers and employees, or to a fixed allowance, the amount of which shall be established by the council, for travel and other personal expenses of office; provided, any fixed allowance so established during a term of office shall not be increased during such term of office. b. All charter provisions in effect as of January 1, 1972, fixing the compensation or allowances of any city officer or employee are repealed, but persons holding office or employment on January 1, 1972, shall continue to receive the compensation and allowances then prescribed by law until the council

19 S-2 State Laws Section 160A-71 provides otherwise in accordance with this section or G.S. 160A-162. Section 160A-65 Fidelity bonds. (a) Every officer, employee, or agent of a city who handles or has in his custody more than $100 of city funds at any time shall, before assuming his duties, give bond with good sureties payable to the city in an amount to be determined by the council, that he will faithfully perform the duties of his office and render a true accounting for all city funds that may come into his custody or control. Unless otherwise required by law, the council may waive the faithful performance bond, but may not waive the true accounting bond. The city may pay the premiums on all bonds. The bond, when approved, shall be deposited with the city clerk. (b) Cities may adopt a system of blanket faithful performance or true accounting bonding as an alternative to individual bonds. When such a system is adopted, statutory requirements of individual bonds, except for accountants, treasurers, and tax collectors by whatever title known, shall not apply to any officer or employee covered by the blanket bond. Section 160A-66 Part 2. Mayor and Council. Composition of council. Unless otherwise provided by its charter, each city shall be governed by a mayor and a council of three members, who shall be elected from the city at large for terms of two years. Section 160A-67 and council. General powers of mayor Except as otherwise provided by law, the government and general management of the city shall be vested in the council. The powers and duties of the mayor shall be such as are conferred upon him by law, together with such other powers and duties as may be conferred upon him by the council pursuant to law. The mayor shall be recognized as the official head of the city for the purpose of service of civil process and for all ceremonial purposes. Part 3. Organization and Procedures of the Council. Section 160A-68 of council. Organizational meeting The organizational meeting of the council shall be held on the date and at the time of the first regular meeting in December after the results of the election have been certified pursuant to Subchapter IX of Chapter 163 of the General Statutes. At the organizational meeting, the newly elected mayor and councilmen shall qualify by taking the oath of office prescribed in Article VI, Sec. 7 of the Constitution. The organization of the council shall take place not withstanding the absence, death, refusal to serve, failure to qualify, or non-election of one or more members, but at least a quorum of the members must be present. * * * Section 160A-70 disability of mayor. Mayor pro tempore; At the organizational meeting, the council shall elect from among its members a mayor pro tempore to serve at the pleasure of the council. A councilman serving as mayor pro tempore shall be entitled to vote on all matters and shall be considered a councilman for all purposes, including the determination of whether a quorum is present. During the absence of the mayor, the council may confer upon the mayor pro tempore any of the power and duties of the mayor. If the mayor should become physically or mentally incapable of performing the duties of his office, the council may by unanimous vote declare that he is incapacitated and confer any of his powers and duties on the mayor pro tempore. Upon the mayor s declaration that he is no longer incapacitated, and with the concurrence of a majority of the council, the mayor shall resume the exercise of his powers and duties. Section 160A-71 Regular and special meetings; procedure. (a) The council shall fix the time and place for its regular meetings. If no action has been taken fixing the time and place for regular meetings, a regular meeting shall be held at least once a month at 10:00 A.M. on the first Monday of the month.

20 S-3 State Laws Section 160A-81 (b) The mayor, the mayor pro tempore, or any two members of the council may at any time call a special council meeting by signing a written notice stating the time and place of the meeting and the subjects to be considered, The notice shall be delivered to the mayor and each councilman or left at his usual dwelling place at least six hours before the meeting. Special meetings may be held at any time when the mayor and all members of the council are present and consent thereto, or when those not present have signed a written waiver of notice. Only those items of business specified in the notice may be transacted at a special meeting, unless all members are present or have signed a written waiver of notice. (c) The council may adopt its own rules of procedure, not inconsistent with the city charter, general law, or generally accepted principles of parliamentary procedure. Section 160A-72 and noes. Minutes to be kept; ayes Full and accurate minutes of the council proceedings shall be kept, and shall be open to the inspection of the public. The results of each vote shall be recorded in the minutes, and upon the request of any member of the council, the ayes and noes upon any question shall be taken. Section 160A-74 Quorum. A majority of the actual membership of the council, excluding vacant seats shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present. Section 160A-75 Voting. No member shall be excused from voting except upon matters involving the consideration of his own financial interest or official conduct. In all other cases, a failure to vote by a member who is physically present in the council chamber or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. The question of the compensation and allowances of members of the council is not a matter involving a member's own financial interest or official conduct. An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue (including the mayor's vote in case of an equal division) shall be required to adopt an ordinance, take any action having the effect of an ordinance, authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of -the city. In addition, no ordinance nor any action having the effect of any ordinance may be finally adopted on the date on which it is introduced except by an affirmative vote equal to or greater than two thirds of all the members of the council (not including the mayor unless he has the right to vote on all questions before the council.) Section 160A-80 subpoena power. * * * Power of investigation; (a)the council shall have power to investigate the affairs of the city, and for that purpose may subpoena witnesses, administer oaths, and compel the production of evidence. (b) If a person fails or refuses to obey a subpoena issued pursuant to this section, the council may apply to the General Court of Justice for an order requiring that its order be obeyed, and that court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony of any witness before the council pursuant to a subpoena issued in exercise of the power conferred by this section may be used against him on the trial of any civil or criminal action other than a prosecution for false swearing committed on the examination. If any person, while under oath at an investigation by the council, willfully swears falsely, he is guilty of a misdemeanor. (c) This section shall not apply to cities having a population of less than 5,000. Section 160A-81 Conduct of public hearings. Public hearings may be held at any place within the city or within the county in which the city is located. The council may adopt reasonable rules governing the conduct of public hearings, including but not limited to rules (i) fixing the maximum time allotted to each speaker, (ii) providing for the

21 S-4 State Laws Section 160A-75 designation of spokesmen for groups of persons supporting or opposing the same positions, (iii) providing for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wishing to attend the hearing exceeds the capacity of the hall, and (iv) providing for the maintenance of order and decorum in the conduct of the hearing. The council may continue any public hearing without further advertisement. If a public hearing is set for a given date and a quorum of the council is not then present, the hearing shall be continued until the next regular council meeting without further advertisement. * * * ARTICLE 8 Delegation and Exercise of the General Police Power Section 160A-175 Enforcement of ordinances. (a) A city shall have power to impose fines and penalties for violation of its ordinances, and may secure injunctions and abatement orders to further insure compliance with its ordinances as provided by this section. (b) Unless the council shall otherwise provide, violation of a city ordinance shall be a misdemeanor as provided by G.S An ordinance may also provide by express statement that the maximum fine or term of imprisonment to be imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G. S (c) An ordinance may provide that violation shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within a prescribed period of time after he has been cited for violation of the ordinance. (d) An ordinance may provide that it may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the city for equitable relief that there is an adequate remedy at law. (e) An ordinance that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the General Court of Justice shall have jurisdiction to issue such orders. When a violation of such an ordinance occurs the city may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that

22 S-4 State Laws Section 160A-75 buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that other action be taken that is necessary to bring the property into compliance with the ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. (f) Subject to the express terms of the ordinance, a city ordinance may be enforced by any one, all, or a combination of the remedies authorized and prescribed by this section. (g) A city ordinance may provide, when appropriate, that each day s continuing violation shall be a separate and distinct offense.

23 DIVISION II CODE OF ORDINANCES Key to Section Numbering System Chapter Part Section Key to Paragraph Indentation (a) (1) a. 1. INSTRUCTIONS Code of Ordinances Town of Erwin, North Carolina Supplement No. 1, November 3, 1978

24 This supplement contains ordinance enactments and revisions through November 3, 1978, that should be inserted in the code of ordinances. Remove Old Pages Insert New Pages v, vi v, vi , through , , through O-2 O-2 I-4 I-4, I-4.1 I-6 I-6, I-6.1 I-8 I-8

25 Introduction I-1 CHAPTER 1. Section Section Section Section Section Section Section Section Section Section construction. PART 1 Introduction Use of the Code and Penalties CHAPTER 1 Use of the Code and Penalties Definitions and rules of construction. Provisions considered as continuations of existing ordinances. Section designations. Effect of repeal or expiration of ordinances. Criminal penalty; not exclusive remedy; continuing violations. Severability of parts of Code. Damaging ordinance prohibited. Penalties Right of Appeal Definitions and rules of In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed unless inconsistent with the manifest intent of the Board of Commissioners or the context clearly requires otherwise. Board. The words "the Board" shall mean the Board of Commissioners of the Town of Erwin. Clerk. The words "the Clerk" shall mean the Town clerk of the Town of Erwin. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Saturday, Sunday or a legal holiday, that day shall be excluded. County. The word "county" shall mean the County of Harnett, in the State of North Carolina, except as otherwise provided. Gender. Words importing the masculine gender shall include the feminine and neuter genders. Joint Authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Mayor. The words "the Mayor" shall mean the Mayor of the Town of Erwin. Month. The word "month" shall mean a calendar month. Number. Words used in the singular include the plural, and words used in the plural include the singular number. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed". Owner. The word "owner," applied to a building or land, shall include any part owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. Person. The word "person" shall include a corporation, firm, partnership, association, organization, and any other group acting as a unit, as well as an individual. Personal property. The words "personal property" shall include every species of property except real property as herein defined. Preceding, following. The words "preceding" and "following" shall mean next before and next after respectively. Property. The word "property" shall include real and personal property. Real property. "Real property" shall include lands, tenements and hereditaments. Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. Signature, subscription. The words "signature" and "subscription" shall include a mark when the person cannot write. State. The word "State" shall be construed to mean the State of North Carolina, except as otherwise provided. Street. The word "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, or bridge and the approaches thereto within the Town. Tenant, occupant. The words "tenant" and "occupant" applied to a building or land shall include any person who occupies the whole or a part of such building or land whether alone or with others. Time. Words used in the past or present tense include the future as well as the past and present. Town. The words "the Town" shall mean the Town of Erwin in Harriet County, North Carolina, except as otherwise provided.

26 Introduction I-2 Writing. The words "writing" and "written" shall include printing and any other mode of representing words and letters. Year. The word "year" shall mean a calendar year. Section Provisions considered as continuations of existing ordinances. The provisions appearing in this Code, so far as they are the same as ordinances adopted prior to this Code and included herein, shall be considered as continuations thereof and not as new enactments. Section Section designations. The headings of the several sections of this Code are printed in bold face type and are intended as mere catchwords to indicate of abatement within a time fixed by the judge. the contents of the sections and shall not be deemed or taken to be titles of such sections nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catch lines, are amended or re-enacted. Section Effect of repeal or expiration of ordinances. The repeal of an ordinance, or its expiration by virtue of any provisions contained therein, shall not affect any right accrued, any offense committed, any penalty or punishment incurred or any proceeding commenced before the repeal took effect or the ordinance expired. When an ordinance which repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. Section Criminal penalty; not exclusive remedy; continuing violations. (a) Unless this Code of Ordinances shall otherwise provide, violation of any provision hereof shall be a misdemeanor punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or by imprisonment not exceeding thirty (30) days, as provided in G.S A provision of this Code may provide by express statement that the maximum fine or term of imprisonment to be imposed for its violation shall be some figure or number of days less than the maximum penalties prescribed by G.S (b) In addition, and unless otherwise provided by this Code, any provision of this Code that makes unlawful a condition existing upon or use made of real property may be enforced by injunction or order of abatement, and the General Court of Justice shall have jurisdiction to issue such orders. When a violation of such an ordinance occurs the Town may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the rules of Civil Procedure in general and Rule 65 in particular. (c) In addition to any injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the Town may execute the order of abatement. The Town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and material man s lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. (d) Except as otherwise provided in this Code or in any ordinance of the Town, each day any violation of such Code or ordinance shall continue shall constitute a separate and distinct offense.

27 Introduction I-2 Section Severability of parts of Code It is hereby declared to be the intention of the Board that the sections, paragraphs, sentences, clauses, and phrases of this Code are severable and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code since the same would have been enacted by the Board without the incorporation in this code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Section Damaging Ordinances Prohibited. No person shall tear or deface any of the Town Ordinances. SECTION Penalty The Manager or his designee shall be authorized to use any one (1) or more of the methods described in this Section, or action authorized by law, to insure compliance with or to prevent a violation of the provisions of this Ordinance Civil Penalties Any person(s), corporation(s), LLC(s), or other entities, who violate any provision of this Ordinance may be subject to assessment of the maximum civil penalty of up to five hundred dollars ($500.00) per violation. Notwithstanding anything to the contrary the penalties set forth herein shall be applicable only to the extent that they do not conflict with penalties set forth in any particular section of these ordinances. The penalties set forth in a particular ordinance shall control over this ordinance. To the extent this ordinance adds to the penalties of a particular ordinance, but does not conflict with the same these penalties shall apply in addition. entities to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the Court Citation Content A citation issued for a violation of this ordinance shall, among other things: A. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 15 days from and after issuance of the citation; B. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the Court; C. Further Provide that the offender may answer the citation by mailing the citation and the stated penalty to Post Office Box 459, Erwin, North Carolina, 28339, or may pay the amount in person at the Town of Erwin; and/or D. It shall further state that a citation which follows the original notice of violation may be appealed to the Board of Commissioners in accordance with the appeal rights set forth in Section herein Settlement of Civil Claims The Town of Erwin is authorized to accept payment in full and final settlement of the claim(s), rights or rights of action which the Town may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful Civil Citations Criminal Prosecution A civil citation shall be issued by the Manager or his designee to any person(s), corporation(s), LLC(s), or other entity, failing to take corrective action according to and within the specific compliance period ordered by the Manager or his designee. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of one hundred dollars ($100.00) per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person(s), corporation(s), LLC(s), or other Violations of this Ordinance shall constitute a misdemeanor or infraction penalty and are punishable as provided in NC Gen. Stats. 14-4(b) and the maximum fine, term of imprisonment or infraction penalty allowed by law is hereby authorized Injunction Enforcement may also be achieved by injunction. When a violation occurs the Town may either before or after the institution of any other

28 authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property Order of Abatement The Town may apply for and the Court may enter an order of abatement. An order of abatement may direct: A. The buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other moveable property be removed; B. That improvements or repairs be made; or C. That any other action be taken that is necessary to bring property into compliance with this Ordinance. Whenever the party is cited for contempt by the Court and the Town has executed the order of abatement the Town shall have a lien, in the nature of a mechanic s and material man s on the property for the cost of executing the order of abatement. SECTION Right of Appeal Except when court action is filed any person aggrieved by the notice of violation has 30 days to appeal the action of the Administrator to the Board of Commissioners. Beyond the decision of the Board of Commissioners, recourse shall be to the Courts as provided by law.

29 Government and Administration 2-1 PART 2 Government and Administration ARTICLE A General Chapter 1 Board of Commissioners Section Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Administrative Organization Departmental Operating Organization Financial Administration Social Security and Retirement Personnel Administration Boards and Commissions CHAPTER 1 Board of Commissioners ARTICLE A General Section Office of Mayor; duties. Section Committees. Section Resignation of members. Section Compensation. Sections through reserved. ARTICLE B Meetings Section Regular meetings; time and place. Section Special meetings. Section Minutes. Section Mayor to preside. Section Mayor not to vote. Section Committees. Sections through reserved. Office of Mayor; duties. The Mayor shall: (1) Keep himself informed as to the Town s business; (2)Outline the powers and duties of committees as the Board may direct; (3) Make recommendations to the Board; and (4) Perform other duties as authorized by law or this Code. State Law Reference: Duties of the Mayor. G.S. 160A-67, 160A-69. Cross Reference: See Charter, Section 3.1 for powers and duties of Mayor. Section Committees. The Mayor shall appoint such standing committees of the Board as he deems best. He shall appoint all special committees except where the Board shall otherwise order. Section Resignation of members. Resignation of members of the Board shall be in writing; no final action shall be taken thereon by the Board until the next regular meeting. Section Section Section Section Section Section Section ARTICLE C Ordinances Procedure, form; publication. Effective date. Ordinances confined to one subject. Official copy. Amending. Adding to; title. Repeal or ordainment of chapters, articles or sections. Section Compensation. The compensation of Board members shall be as provided in the annual budget ordinance. Sections through reserved.

30 Government and Administration 2-2 ARTICLE B Meetings ARTICLE C Ordinances Section Regular meetings; time Section Procedure, form; and place. publication. The Board of Commissioners shall hold regular meetings on the first Thursday of the month at 7:00 p.m., unless the regular meeting is otherwise cancelled by majority vote of the Town Board. Every member of the Board and officer shall attend all meetings of the Board, unless excused. (Ord. of 11/3/88)(Ord. of 6/11/92) Cross Reference: Meetings of Board, Charter, Sec. 3.6, Quorum. G.S. 16OA-74 Section Special meetings. Special meetings of the Board may be held and called in accordance with state law. State Law Reference: G.S. 160A-71 Section Minutes. It shall be the duty of the clerk to be present at all meetings of the Board, to keep in a book provided for that purpose a record of all the proceedings of the Board. (Code 1967, Ch. A, Art. I Sec. 4) Section Mayor to preside. The Mayor shall preside at all meetings of the Board and in his absence the Mayor Pro Tempore shall preside. (Code 1967, Ch. A, Art. 1, Sec. 5) Section Mayor not to vote. The Mayor shall not vote on any question before the board except in the case of a tie vote deadlocking a decision of the Board. (Code 1967, Ch. A, Art. I, Sec. 6) Section Committees. The Mayor and Commissioners may create such committees of the Board for special purposes as they deem best. (Code 1967, Ch. A, Art. I, Sec. 7) Every ordinance amending or repealing any ordinance and every new ordinance shall be proposed in writing and shall be approved as to form to the Town attorney. Ordinances shall have ordinance and section captions. Section Effective date. All ordinances shall be effective after the ratification thereof except ordinances specifying some other effective date or ordinances required by state law to be effective only after having met specific date requirements. (Code 1967, Ch. A, Art. II, Sec. 1) Section one subject. Ordinances confined to All ordinances shall be confined to one subject except appropriation ordinances, which shall be confined to the subject of appropriations only. (Code 1967, Ch. A, Art. II, Sec. 2) Section Official copy. A true copy of an ordinance, which has been duly enacted by the Board, signed by the Mayor and attested to by the clerk, shall be known as an official copy of any ordinance of the Town. All ordinances or a true copy thereof shall be inserted in this Code in the proper chapter. (Code 1967, Ch. A, Art. II, Sec. 3) Section Amending. It shall be unlawful for members of the Board to annul, abridge, modify, or in any way change any ordinance of the Board except at a regular or special meeting of the Board. Any consent obtained relative to the amendment of an ordinance except in such manner shall in all cases be inoperative and void. Section through reserved.

31 Government and Administration 2-3 Section Adding to, title. An ordinance proposed to add to or replace provisions of a current ordinance of the Town shall set out: (1) Each paragraph to be amended as it stands; (2) The words proposed to be stricken out and those to be inserted; and (3) The paragraph as it would stand if so amended. The title of the new ordinance shall contain the entire title of the ordinance amended thereby. Section Repeal or ordainment of chapters, articles or sections. Whenever a chapter, article or section of this Code is repealed, the clerk shall make a notation of such repeal in the official copy of this Code. Whenever a new chapter, article or section of this Code is ordained, the clerk shall make a notation of such new ordinance in the official copy of this Code. Not later than twelve (12) months after the enactment of all ordinances, such ordinances shall be printed in the format of this Code and inserted in the appropriate places herein. Cross Reference: See section 3.8 of Charter for its provisions on ordinances. State Law Reference: Code of ordinances, G. S. 160A-77; ordinance book requirements, G. S. 160A-78; pleading and proving of city ordinances, G. S. 160A-79.

32 Government and Administration 2-4 CHAPTER 2 Administrative Organization ARTICLE A Administrative Offices ARTICLE A Section Town manager. Administrative Offices Section Town manager. Section Town attorney. Section Tax collector. Section Personnel director. Section Clerk-treasurer. Section Employees' bonds. Sections through reserved. ARTICLE B Other Administrative Provisions (Reserved) (a) Pursuant to the authority of Section 160A-147 the General Statutes of North Carolina granting the Board of Commissioners power to appoint such officers and agents as may be necessary to enforce their ordinances and regulations, keep their records and conduct their affairs, the Board shall appoint an officer whose title shall be Town manager and who shall be the chief executive officer and the head of the administrative branch of the Town government. The Town manager shall be chosen by the Board solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the Town or State, but during his tenure of office he shall reside within the Town. No person elected to membership on the Board shall, subsequent to such election, be eligible for appointment as Town manager until one (1) year has elapsed following the expiration of the term for which he was elected. (Ord. of 10/3/68, Sec. 1) (b) The Town manager shall be appointed for an indefinite term but may be removed by a majority vote of the members of the Board. At least thirty (30) days before such removal may become effective the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the members of the Board stating the Board's intention to remove him and the reasons therefor. The manager may reply in writing to such resolution. If so requested by the manager, the Board shall fix a time for a public hearing upon the question of his removal and the final resolution removing the manager shall not be adopted until such public hearing has been held. Upon passage of a resolution stating the Board's intention to remove the manager, the Board may suspend him from duty, but his pay shall continue until his removal shall become effective as herein described. The action of the Board in removing the manager shall be final. In case of the absence or disability of the manager the Board may designate a qualified administrative officer of the Town to

33 Government and Administration 2-5 perform the duties of the manager during such absence or disability. (Ord. of 10/3/68, Sec. 1) (c) The Town manager shall be responsible to the Board for the proper administration of all affairs of the Town placed in his charge, and to that end, subject to the provisions of the Town Charter and, except as otherwise provided herein, he shall have the power to appoint and remove all officers and employees in the administrative service of the Town. The manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. Appointments made by, or under the authority of, the Town manager shall be on the basis of executive and administrative ability and of the training and experience of such appointees in the work which they are to perform. All such appointments shall be without definite term unless for provisional, temporary or emergency services. (Ord. of 10/3/68, Sec. 2) (d) Any officer or employee to whom the Town manager, or a head of a department or office, may appoint a successor, may be removed by the manager or other appointing officer at any time. Subject to the provisions of subsection (c), the decision of the manager, or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body or court whatsoever. (Ord. of 10/3/68, Sec. 3) (e) Neither the Board nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the Town manager or any of his subordinates, or in any manner take part in the appointment' or removal of officers and employees in the administrative service of the Town. Except for the purpose of inquiry, the Board and its members shall deal with the administrative service solely through the manager, and neither the Board of Commissioners nor any member thereof shall give orders to any subordinate of the Town manager either publicly or privately. (Ord. of 10/3/68, Sec. 4) (f) It shall be the duty of the Town manager: (1) to act as Director of Finance and Purchasing Agent; (2) to act as Chief Conservator of the peace within the Town; (3) to supervise the administration of the affairs of the Town; (4) to see that the ordinances of the Town and the laws of the State are enforced; (5) to make such recommendations to the Board of Commissioners concerning the affairs of the Town as may seem to him desirable; (6) to keep the Board advised of the financial condition and future needs of the Town; (7) to prepare and submit to the Board the annual budget estimates; (8) to prepare and submit to the Board such reports as may be required by that body; and (9) to perform such other duties as may be required of him by ordinance or resolution of the Board of Commissioners. (Ord. of 10/3/68, Sec. 5) Cross Reference: The Charter, section 6.5, provides that the Board may delegate the power of appointment and removal of department heads other than the attorney to an appointed person. Section Town attorney. The Town attorney shall: (1) Prosecute or defend any and all suits or actions at law or equity to which the Town may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the Town, or in the capacity of such person as an officer of the Town; (2) See to the full enforcement of all judgments or decrees rendered or entered in favor of the Town and of all similar interlocutory orders; (3) See to the completion of all special assessment proceedings and condemnation proceedings; (4) Draft or review any contract, lease or other document or instrument to which the Town may be a party; (5) At the request of the Board, draft ordinances covering any subjects within the power of the Town; and (6) Perform any other duties required of him by G. S. 160A-173 and other laws and ordinances. Section Tax collector. The tax collector shall at least once a day pay over to the Town clerk-treasurer all monies collected or received by him and shall also once a month

34 Government and Administration 2-6 furnish the finance committee with an itemized Section Clerk-treasurer. statement of the amount of funds collected by him and the sources from which they were obtained, The clerk-treasurer shall be appointed by the together with the receipts of the clerk-treasurer for the amounts turned over to him; and he and the sureties on his official bond shall be liable for all taxes and other revenues which he collected or might have collected. Cross Reference: Tax collector, Charter, section 6.2. Section Personnel director. The Town manager shall serve as personnel director and as such shall: (1) Establish and maintain a roster of all employees, in which there shall be set forth as to each employee the class title of the position held, the salary or pay status, and any other necessary data; (2) Assign and direct the work of any and all assistants provided for by the Board; (3) Advise and consult with the department heads in the development of training programs; (4) Develop in consultation with the department heads a system of periodic service ratings of employees, to be administered by the department heads; (5) Make annual reports and such special reports as he deems advisable regarding personnel administration and recommendations for improvement therein to the Board; (6) Prepare and maintain the classification and compensation plans and after consultation with department heads prepare and present to the Board class specifications and amendments thereto; (7) Recommend to the Board amendments to this part and cause all rules and regulations to be published and copies thereof to be given to the department heads and the Board, and to maintain copies in his office; (8) Maintain all registers of eligible persons for appointment and make certification from such registers; (9) Make such regulations and other administrative memoranda as he may deem necessary, consistent with this Code, relative to his authority hereunder; and (10) Perform such other duties as may be required of him by statute or ordinance. Town manager. (a) The clerk-treasurer shall attend all meetings of the Board and shall regularly and fairly record all of their proceedings in a book to be kept by him for that purpose. He shall also keep a well-bound book to be styled the Code of Ordinances, in which he shall fairly and correctly transcribe all ordinances which are enacted by the Board. (b)it shall be the duty of the clerk to keep true, accurate and just books of accounts of the dealings and transactions of the Town, which books shall show at all times the true condition of the said Town, its resources and liabilities and the disposition and use of the monies coming under the control of the Town. (c) The clerk-treasurer shall keep or cause to be kept in a safe place all monies, records, and accounts. (d) The clerk-treasurer shall disburse funds for the various purposes of the Town only when an appropriation for such purpose has been made in the annual budget and the disbursement is authorized by the Board. (e) The clerk-treasurer shall perform such other duties as the Board may from time to time require. (Code 1967, Ch. A, Art. III, Sec. 2; as amended) Cross Reference Specific provision on ordinances, official copy, etc., section et seq. Disbursement of funds; purchasing are found in section and Board authority to consolidate offices, Charter, section 6.4; Town clerk, Charter, section 6.1. Section Employees' bonds. The clerk-treasurer and other officers or employees required by the Board shall, before entering upon their duties, post bond in amounts specified by the Board. All bond premiums shall be paid from Town funds. Provided, that when two (2) officers are combined, such as clerk-treasurer, only one (1) bond shall be required. (Code 1967, Ch. A, Art. III, Sec. 4) State Law Reference: Every officer who handles or has in his custody more than $100 of City funds at one time must give fidelity bond. G.S. 160A-65. Sections through reserved.

35 Government and Administration 2-7 ARTICLE B Other Administrative Provisions (Reserved)

36 Government and Administration 2-8 CHAPTER 3 CHAPTER 4 Departmental Operating Organization Financial Administration Section Departments enumerated. ARTICLE A Section Departments enumerated. The following departments are designated: Park and Recreation Department Police Department Street Department Sanitation Department Water and Sewer Department Editorial Note: The Town provides for fire department protection by contract. Section Section Section Purchasing Disbursement of funds. Purchasing. Disposal of surplus property. ARTICLE B Privilege License Taxes Section Definitions. Section License tax upon certain trades and business operations. Section Unlawful to conduct business without a license. Section License taxes shall be for twelve months. Section License required for every place of business. Section License required for every separate business. Section Licensed must be displayed at the place of business licensed. Section No abatement of license tax. Section Schedule of annual privilege licenses. Sections through reserved. ARTICLE C Fiscal Procedures (Reserved) ARTICLE A Purchasing Section Disbursement of funds. (a) In accordance with the Local Government Budget and Fiscal Control Act, no bill or claim against the Town may be paid unless it has been approved by the officer or employee responsible for the function or agency to which the expense is charged. No check or draft of the Town shall be valid unless it bears on its face the certificate of the clerk as follows: "Provision for the payment of this check has been made by an appropriation duly made, pursuant to the Local Government Budget and Fiscal Control Act.

37 Government and Administration 2-9 (b) No contract, agreement or purchase order shall be valid unless it bears the clerk's certificate as follows: "Provision for the payment of monies to fall due under this agreement has been made by appropriation duly authorized, as required by the Local Government Budget and Fiscal Control Act." Section Purchasing. The Town manager shall serve as purchasing agent and as such shall: (1) Make all purchases of material, equipment and supplies authorized by the Board at the most favorable price for the Town and shall see that the material, equipment and supplies delivered are correct in number or amount and comply with the standards and specifications agreed to at the time of purchase; (2) Establish sets of standards and specifications to control purchases by the Town; (3) Prepare and publish specifications and notices to bidders; (4) Advise the Board as to anticipated needs for purchases and make purchases in advance of needs as authorized by the Board; (5) Store material, equipment and supplies in advance of actual need; (6) Keep records of all purchases made by him and of the destination or ultimate use of such material, equipment and supplies; and (7) Cause to be kept an inventory of all municipal property in his custody and of all municipal property in the custody of the other officers and employees of the Town. Cross Reference: Charter provision on purchases and contracts, Charter, section 7.3. Section Disposal of surplus property. of the Town would best be served by disposing of the property. (b) The Town manager may dispose of any such surplus personal property by any means which he judges reasonably calculated to yield the highest attainable sale price in money or other consideration including but not limited to the methods of sale provided in Article 12 of G.S. Chapter 160A. Such sale may be public or private, and with or without notice and minimum waiting period. (c) The surplus property shall be sold to the party who tenders the highest offer, or exchanged for any property or services useful to the Town if greater value may be obtained in that manner, and the Town manager is hereby authorized to execute and deliver any applicable title documents. If no offers are received within a reasonable time, the Town manager may, retain the property, obtain any reasonable available salvage value, or cause it to be disposed of as waste material. No surplus property may be donated to any individual or organization except by resolution of the Board of Commissioners. (d) The Town manager shall, on or before the first day of February, report in writing to the Board of Commissioners on any property disposed of under these provisions from July I through December 31 of the previous year, and shall, on or before the first day of August, report in writing to the Board of Commissioners on any property disposed of under these provisions from January I through June 30 of that year. The written report shall generally describe the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange since the last such report was submitted. (Ord. of 7/5/84) Sections through reserved. (a) The Town manager is hereby authorized, pursuant to G.S. 160A-266 (c), to dispose of any surplus personal property owned by the Town whenever he determines, in his discretion, that: (1) The item or group of items has a fair market value of less than rive five hundred thousand dollars ($500) ($5,000). (2) The property is no longer necessary for the conduct of public business; and (3) Sound property management principles and financial considerations indicate that the interest

38 Government and Administration 2-10 ARTICLE B Privilege License Taxes Section Definitions. Wherever in this article the words hereinafter defined or construed in this section are used, they shall, unless the context requires otherwise, be deemed to have the following meaning: (a) Agent. The person having the agency for the manufacturer, producer, or distributor. (b) Business. Any business, trade, occupation, profession, avocation or calling of any kind, subject, by the provision of this article, to a license tax. (c) Engaged in the Business. Engaged in the business as owner or operator. (d) Fiscal Year. The period beginning with the 1st day of July and ending with the 30th day of June next following. (e) Person. Any person, firm, partnership, company or corporation. (f) Quarter. Any three consecutive months. (Code 1967, Ch. H, Art. 1, Sec.I) Section License tax upon certain trades and business operations. (a) In addition to the tax on property and polls, as otherwise provided for, and under the power and authority conferred in the laws of North Carolina, there shall be levied and collected annually or more often, where provided for, a privilege license tax on trades, professions, business operations, exhibitions, circuses, and all subjects authorized to be licensed, as set out in the following sections and schedule. All licenses shall be a personal privilege and shall not be transferable. (b) Nothing herein contained shall be construed to prevent the Board of Commissioners from imposing from time to time, as they may see fit, such license taxes as are not specifically herein defined, or from increasing or decreasing the amount of any special license tax, or from prohibiting or regulating the business or acts licensed, and all licenses are granted subject to the provisions of existing ordinances for those hereafter enacted. (Code 1967, Ch. H, Art. 1, Sec. 2) Section Unlawful to conduct business without a license. It shall be unlawful for any person or his agent or servant to engage in or carry on a business in the Town for which there is required a license, without first having paid the license tax and obtained the license. For the purpose of this section the opening of a place of business or offering to sell, followed by a single sale or the doing of any act or thing in furtherance of the business shall be construed to be engaging in or carrying on such business; and each day that such person, firm or corporation shall engage in or carry on such business as aforesaid, shall be construed to be a separate offense. (Code 1967, Ch. H, Art. 1, Sec. 3) Section License taxes shall be for twelve months. All taxes provided for and fixed in the following sections and schedule shall be for twelve (12) months, unless otherwise specified, and shall so remain for twelve (12) months beginning July 1, and ending June 30; provided, that where the license is issued after January 1, then the licensee shall be required to pay one-half (1 /2) the tax prescribed, except where otherwise specifically provided for. (Code 1967, Ch. H, Art. 1, Sec. 4) Section License required for every place of business. A license issued for the privilege of conducting a business is only valid for the business conducted at the place and by the licensee named therein. Every person doing business in more than one factory, mill, or other place of business, shall secure a separate license for each such place of business, unless such warehouse or store, stall or stand, places of business are contiguous to each other, communicate directly with an opening into each other and are operated as a unit. If the business is moved or if the licensee sells to another, then a new license is necessary, unless a special permit to continue business under the original license is obtained from the Board. (Code 1967, Ch. H, Art. I, Sec. 5)

39 Government and Administration 2-11 Section License required for every separate business. The payment of any particular tax imposed by this article shall not relieve the person paying the same from the payment of any other tax imposed by this article for any other business he may carry on, unless so provided by the section imposing such tax; it being the intent of this article that license taxes "prescribed by various sections or subsections of this article applicable to any business shall be cumulative except where otherwise specifically provided. (Code 1967, Ch. H, Art. 1, Sec. 6) Section License must be displayed at the place of business licensed. Every license must be kept prominently displayed at the place of business of the licensee named in the license, or, if the licensee has no fixed place of business, such licensee must keep the same wherever such business is being operated and where it can be inspected at any time by the proper municipal official. (Code 1967, Ch. H, Art. 1, Sec. 7) Section No abatement of license tax. No license tax shall be abated nor shall any refund of any part thereof be made, in any case where the licensee discontinues his business before the end of the period for which such license was issued. (Code 1967, Ch. H, Art. 1, Sec. 8) Section Schedule of annual privilege licenses. The schedule of Town privilege license taxes shall be as follows: (1) Abattoirs. Every person engaged in the business of operating an abattoir....$10.00 (2) Adding Machines (See Office Supplies). (3) Advertising. a. Every person, firm or corporation who or which is engaged in the business of outdoor advertising by placing, erecting or maintaining advertising signs or structures (e.g., sign boards, poster boards, or printed bulletins) or any other outdoor advertising devices. Per annum...$20.00 b. Sound trucks or use of vehicles with loud speaker or other sound magnifying device. Per vehicle...$10.00 c. Distributing handbills or printed matter for commercial purposes. Per day $10.00 Per annum. Per annum $10.00 e. Distributing samples, favors or novelties. Per day $5.00 f. Advertising not otherwise specifically taxed. Per annum $10.00 (4) Agents and Agencies a. Collecting and claim agencies: Every person, firm or corporation operating for a profit a collection agency for the purpose of collecting accounts, notes, or other indebtedness for others. ( Does not apply to licensed attorneys.) Per annum...$50.00 b. Detective agencies and detectives: Every person operating a private detective agency and every individual acting as a private detective, even though a salaried employee. Per annum...$50.00 c. Emigrant and employment agents: 1. Emigrant agents: Every person engaged in the business of procuring laborers for employment outside the state. Per annum. $ Employment agencies: Every person engaged in operating a business of securing employment for another person for a fee or a commission. ( Not applicable to federal or state agencies. ) Per annum..... $ (i) Agencies for teachers, when approved by State Department of Public Instruction. Per annum $25.00 (ii) Domestic help and unregistered nurses, where sole business is placement. Per annum $25.00 d. Lightning rod agents: Every person selling or distributing lightning rods. Per annum $20.00 e. Lumber brokers or agents: Every person, broker, or lumber agent. Per annum $25.00 (5) Ambulances. Every person operating an ambulance or ambulances. Per vehicle. Per annum $15.00 (6) Amusements ( See also Circuses, Moving Pictures, Vaudevilles).

40 Government and Administration a. Parks, open to the public as a place of amusement. Per annum $50.00 b. Traveling theatrical companies: Every person, firm or corporation engaged in the business of a traveling theatrical, traveling moving picture, or a traveling vaudeville company giving exhibitions or performances in any tent, hall, or other place not licensed as park, moving picture or vaudeville. Per day..... $ If admission is not more than fifty cents ($0.50), including reserve seat, and exhibit in same place as much as one (1) week. Per week......$ If consists of less than ten (10) performers, charges less than fifty cents ($0.50), and exhibits in same place as much as one (1) week. Per week..$10.00 (7) Antique Furniture Every person dealing in antique furniture. Per annum $25.00 (8) Auction Sales. a. Every person engaged in the business of selling real estate by auction, except sales conducted under court order. Per sale....$12.50 Per annum $25.00 b. All other auctioneers, except tobacco. Per day....$25.00 Per annum $ (9) Automatic Sprinklers (See Elevators). (10) Automobile, Motorcycle Dealers and Service Stations. a. Automotive service stations: Every person, firm or corporation engaged in the business of servicing, storing, painting, repairing, etc. or in the business of retailing, and or delivering tires, tools, batteries, auto radios, motor fuels and or lubricants and other automotive accessories. Per annum..... $3.75 b. Motorcycle dealers: Every person engaged in the business of selling, buying or distributing motorcycles or motorcycle accessories. Per annum $10.00 (A motorcycle dealer may also handle bicycles and bicycle supplies without additional tax.) c. Automotive equipment and supply dealers at wholesale: Every person or firm engaged in the business of buying, selling or distributing automotive accessories, including auto radios, batteries, parts, tires and other automotive supplies at wholesale. Per annum...$15.00 d. Motor vehicle dealers: Every person or firm engaged in buying, selling, distributing, servicing or storing motor vehicles, trailers, and other automotive accessories or supplies. Per annum......$20.00 (11) Awning or Tent Makers. Every person or business operating any business of making, selling, or installing awnings or erecting tents. Per annum..$15.00 (12) Bakery Products. Every Person or business selling bakery products: a. Wholesale..... $25.00 b. Retail.... $15.00 (13) Balloons, Novelties, Souvenirs, Curios and Flags. Every person or business offering for sale balloons, novelties, souvenirs, curios, and flags. Per annum..$15.00 (14) Bankrupt or Fire Sales. Every person or business conducting a bankrupt, fire, receivership, assignment, smoke or water damage, closing out sale, or other sale of similar character of wares or merchandise. Per Week..$ (This is not applicable to sales conducted by order of court or to persons who or businesses which have paid; license tax levied by this schedule upon the same business for the preceding year, or who or which have for twelve (12) months preceding sale operated the business in the preceding sale operated the business in the Town, or who or which do not during such sale increase or add to the stock of wares or merchandise on hand.) (15) Banks and Trust Companies, including Morris Plan and Industrial Banks (National Banks are exempt). Every person, firm or corporation engaged in the business of operating a general banking or trust business. Per annum. $50.00 (16) Barber shops and Beauty Shops. a. Barber shop: Every person, firm or corporation engaged in the business of conducting a barber shop, for each chair.. $2.50 b. Beauty shop: Every barber, manicurist, cosmetologist, beautician or operator. Per annum.. $2.50 (17) Bicycles (See also Automobile and Motorcycle Dealers).

41 Government and Administration Every person engaged in buying, selling or trading bicycles and or bicycle supplies and accessories. Per annum..... $10.00 (If dealer pays tax under section governing motorcycle dealers, no additional tax may be levied for handling bicycles and bicycle supplies, etc.) (18) Billiards and Pool Tables. Every person, firm or corporation renting, maintaining or owning a building wherein there is a table or tables at which billiards or pool is played, either operated by slot or otherwise, shall pay a license for each table. Per annum. Tables measuring not more than 2 feet x 4 feet... $5.00 Tables measuring not more than 2 ½ feet x 5 feet.. $10.00 Tables measuring not more than 3 feet x 6 feet. $15.00 Tables measuring not more than 4 feet x 8 feet..$20.00 Tables measuring not more than 4 ½ feet x 9 feet $25.00 All tables measuring more than 4 ½ feet x 9 feet..... $30.00 (This section does not apply to fraternal organizations having a national charter or to American Legion, Y.M.C.A. and Y.W.C.A.) (19) Boarding Houses (See also Tourist Hotels). Every person serving for pay within a residence at least one (1) meal a day for as may as ten (10) people shall be classified as a boarding house operator and shall pay a license tax. Per annum $10.00 (20) Bonds and or Securities Dealers. Every person engaged in selling stocks or bonds as a dealer. Per annum...$25.00 (21) Bondsmen. Every person engaged in the business of writing or executing, for a consideration, appearance, compliance, or bail bonds, or any type bond required in connection with criminal proceedings. Per annum...$15.00 (22) Book Stores. Every person operating a book store. Per annum...$10.00 (23) Bottlers. a. Soft drinks: Depends upon whether manufacturer uses high or low pressure equipment and the number of spouts. b. Distributors and jobbers of soft drinks: Every person distributing or jobbing soft drinks. Per annum..... $7.50 c. Distribution by motor vehicles: Every person with a motor vehicle coming into this state from another state and selling and or delivering carbonated beverages on which the tax provided for in subsection a. above has not been paid. Per vehicle. Per annum...$25.00 (24) Bowling Alleys Every person engaged in operating a bowling alley. Per alley. Per annum...$10.00 ( This section does not apply to fraternal organizations having a national charter or to American legion, Y.M.C.A. and Y.W.C.A.) (25) Boxing ( See Wrestling and Boxing). (26) Brick Dealers and Manufacturers. Every person engaged in dealing or in manufacturing brick. Per annum...$25.00 (27) Brokers and Commission Merchants. Every person engaging in the business of buying and or selling on commission cotton, grain, provisions, or other commodities, either for actual, spot, or instant delivery, not otherwise taxed herein. Per annum...$50.00 (28) Cafes, Restaurants, Cafeterias, Lunch Stands. Every person, firm or corporation engaged in the business of operating a restaurant, café, cafeteria, hotel with dining service on the European plan, drug store or lunch stand, or other place where prepared food is sold. Per annum. a. Fifty cents ($0.50) per person provided with chairs, stools or benches, with a minimum tax of...$2.50 b. All stands where prepared sandwiches only are served......$2.50 (29) Carnival Companies. Every person engaged in the business of a carnival company or a show of like kind. Per week....$ Provided when a person, firm or corporation exhibits only riding devices which are not a part of nor used in connection with any carnival company. Per device. Per week...$5.00 (30) Cartridges ( See Metallic Cartridges) (31) Chain stores.

42 Government and Administration Every firm, person or corporation engaged in the business of operating or maintaining under the same general management, supervision, or ownership, two (2) or more stores, or mercantile establishments where merchandise is sold or offered for sale, or from which such merchandise are sold and or distributed at wholesale or retail, is deemed a branch or chain store operator. Per each chain store located in Town, except for the particular store in which the principal office of the chain is located and so designated by the chain. Per annum... $50.00 (32) Cigar, Cigarette and Tobacco Retailers and Jobbers. Every firm, person or corporation engaged in the business of retailing and or jobbing cigars, cigarettes, tobacco and other tobacco products. Per annum... $10.00 (33) Circuses, Menageries, Wild West, Dog and Pony Shows. Every firm, person or corporation engaged in he business of exhibiting performances, such as a circus, menagerie, wild west shows, dog and or pony shows or other similar exhibitions. a. Such shows and exhibitions traveling on railroads and requiring transportation of not more than two (2) cars. Per day.$15.00 b. Such shows and exhibitions traveling in automobiles, trucks, or other vehicles other than railroad cars and requiring transportation of not more than two (2) cars. Per day...$3.75 Every vehicle used in transporting circus property or personnel, whether owned by the circus or by others, shall be counted in computing the tax. (34) Clairvoyants ( See Fortune Tellers). (35) Cleaners ( See Dry Cleaners). (36) Clothing Stores. Every person engaged in the business of operating a clothing store. Per annum...$25.00 (37) Coal and Coke Dealers. Every person, either as agent or principal, engaged in the business of selling and or delivering coal or coke. a. Wholesalers: Selling and or delivering coal or coke in carload lots, or greater quantities. Per annum...$75.00 b. Retailers: Selling coal or coke at retail. Per annum.. $15.00 c. Dealers or peddlers: Selling in quantities of one hundred (100) pounds or less. Per annum....$5.00 (38) Cold Storage Plants or Freezer Lockers. Every person operating a cold storage plant wherein anything is stored for compensation. Per annum.. $25.00 (39) Commission Merchants. Every person engaged in buying and selling any cotton, grin or other commodities on commission, either actual, spot or instant delivery. Per annum...$50.00 (40) Confectionery, Fruit, Vegetable, and Produce Stands. Every person engaged in the business of operating a confectionery, fruit, vegetable or produce stand. Per annum...$15.00 (41) Contractors and Construction Companies. Every person who for a fixed fee or price offers or bids to construct any building, street, sidewalk, bridge, sewer or water systems, grading or other improvement or structure. Per annum...$10.00 (42) Cotton Buyers (See Commission Merchants). (43) Cotton Mills ( See Manufacturers). (44) Cotton Warehouses. Every person engaged in the business of operating a cotton warehouse. Per annum..$50.00 (45) Creameries or Dairies. Every person operating a creamery within the corporate limits or operating outside the corporate limits but making deliveries within the corporate limits. Per annum...$25.00 (46) Dances and Athletic Contests. Every person offering or managing any dance or athletic contest of any kind, except high school and elementary school dances and athletic contests. Per annum.....$2.50 (47) Directories. Every person compiling or selling directories. Per annum...$50.00 (48) Dog and Pony Shows (See Circuses). (49) Drug Store Every person engaged in the business of operating a drug store. Per annum... $12.50 (50) Dry Cleaners, Pressing Clubs and Hat Blockers.

43 Government and Administration Every person, firm or business operating a dry cleaning plant, pressing club or hat blocking Per annum......$25.00 ( Tax applies to retail outlets and branch offices.) (51) Electric Light, Power and Gas, Street Railway, Gas, Water or Other Similar Business. State tax collected and distributed locally. (52) Electricians ( See Plumbers). (53) Embalmers ( See Undertakers). (54) Employment Agencies ( See Agents and Agencies). (55) Engravers and Lithographers. Every person engaged in engraving and lithographing. Per annum...$20.00 (56) Entertainment. Every person engaged in the business of offering or managing any form of entertainment or amusement (not theaters, vaudeville shows, traveling shows, or entertainment otherwise taxed). Per annum $10.00 (57) Express Companies. Every express company doing business within the corporate limits. Per annum... $20.00 (58) Fertilizer Dealers. Every person engaged in the sale of fertilizer. Per annum... $50.00 (59) Fertilizer Manufacturing. Every person manufacturing fertilizer. Per annum $75.00 (60) Filling Stations ( See Automobiles). (61) Fish and Oyster Dealers. Every person engaged in the retail of oysters and fish. Per annum... $15.00 (62) Florists. Every person selling or growing flowers, bulbs, plants and or shrubs for commercial purposes. Per annum... $10.00 (63) Fortune Tellers, Clairvoyants and Similar Trades. Every fortune teller, clairvoyant or person following similar trades. Per annum.....$ (64) Foundry and Machine Shops. Every person operating a foundry or machine shop. Per annum... $15.00 (65) Freezer lockers ( See Cold storage Plants). (66) fresh meats ( See Meats ). (67) Fruit Stands ( See Confectionery). establishment, and solicitors for plants located outside the corporate limits. Per business. (68) Funeral Directors ( See Undertakers). (69) Furniture Dealers. Every person operating a furniture business. Per annum...$20.00 (70) Games (See Shooting Galleries). (71) Garages (See Automobiles). (72) Gasoline, Benzene, Lubricating Oils and Grease. Every person selling illuminating or lubricating oil or grease, or benzene, naptha, gasoline or other similar products. Per annum...$25.00 (73) Gasoline Engines. Every dealer or manufacturer s agent for gasoline engines. Per annum...$20.00 (74) Grocery Stores. Per annum...$10.00 (75) Guns and Locksmiths. Every person engaged in the business as a gun or locksmith. Per annum...$10.00 (76) Hardware Stores. Every person engaged in the business of operating a hardware store. Per annum... $15.00 (77) Harvesting and Agricultural Machinery. Every person engaged in business of selling, trading or dealing in harvesting and agricultural machinery. Per annum...$25.00 (78) Hatchery. Every person engaged in the business of operating a hatchery. Per annum...$15.00 (79) Heating Contractor (See Plumbers). (80) Horse and Mule Dealers. Every person engaged in buying for the purpose of resale, selling or trading either at wholesale or retail or at a public auction horses or mules. Per annum...$12.50 (81) Hotels (See also Tourist Homes and Camps, Boarding Houses). Every person, firm or corporation engaged in the business or operating of a hotel shall pay tax as follows: a. Hotels operating on the American Plan for rooms in which rates per person per day are: Per annum. Less than $2.00 per room......$0.30 $2.00 and less than $3.00 per room..$0.45

44 Government and Administration $3.00 and less than $4.50 per room..$0.90 $4.50 and less than $6.00 per room.. $2.10 $6.00 and less than $7.50 per room.. $2.70 $7.50 and less than $15.00 per room....$3.00 $15.00 and over per room.....$3.60 b. Hotels operating on the European Plan for rooms in which rates per person per day: Per annum. Less than $2.00 per room....$0.625 $2.00 and less than $3.00 per room.. $1.50 $3.00 and less than $4.50 per room......$2.25 $4.50 and less than $6.00 per room.. $2.75 $6.00 and less than $7.50 per room.. $3.25 $7.50 and less than $10.00 per room....$3.75 $10.00 and over per room.....$4.25 c. The office, dining room, one (1) parlor, kitchen and two (2) other rooms shall not be counted when calculating the number of rooms in the hotel. d. Only one half (1/2) of the annual license tax levied in this section shall be levied or collected from resort hotels and boarding houses which are open for only six (6) months or less in the year. (82) Ice Cream Dealers and Manufacturers. a. Wholesale: Every person engaged in manufacturing and or storing for distribution ice cream shall pay the following base tax: On each factory or place where manufactured and or stored for distribution where the machine or equipment used is of continuous freezer type. Thirty seven and one-half cents ($0.375) per gallon capacity based on rated capacity per hour according to manufacturers rating provided in no case shall the tax be less than $2.50 per annum, for any freezer used. b. Retail: Every person engaged in retail selling or distributing ice cream (purchased from a manufacturer who has not paid the wholesale tax). Per annum.....$2.50 (83) Ice Dealers and Manufacturers. a. Every retail dealer in ice shall pay tax for each vehicle used in delivering to consumers. Per vehicle. Per annum.....$5.00 b. Every person engaged in the business of manufacturing ice. Per annum... $25.00 (84) Itinerant Merchants and Salesmen (See also Peddlers). a. Every itinerant salesman or merchant who shall expose for sale goods, wares or merchandise, either on the streets or in a building, not being a regular merchant of the municipality. Per annum.....$ b. Any salesman or merchant offering for sale goods, wares or merchandise, other than fruits and farm produce shall be deemed an itinerant within the meaning of this section, who conducts said business within the municipality for less than six (6) consecutive months, except in case of discontinuance for one (1) of the reasons hereinafter mentioned. When any salesman or merchant does not pay tax herein levied on the ground of stated intention to become a regular merchant, The tax collector may require him to post a cash deposit in the sum of one hundred dollars ($100.00), which bond shall be forfeited for the payment of the tax herein levied in case such person discontinues said business within six (6) months for any reason other than death, disability, insolvency, or destruction of stock by fire or other catastrophe. c. The provisions of this section shall not apply to persons who sell books, periodicals, printed music, ice, wood for fuel, fish, beef, mutton, pork, bread, cakes, pies, dairy products, poultry, eggs, livestock or articles produced by the individual offering them for sale, but shall apply to medicines, drugs, or articles assembled. (85) Itinerant Photographers. Any person who practices the profession or occupation of an itinerant photographer, including an itinerant photographer s employees, agents or servants. Itinerant photographer is defined as a person, partnership or corporation having no regularly established place of business in this State who personally or through officers, employees, agents or servants goes from town to town or from place to place soliciting the making of photographic pictures or reproductions with a view of selling same to the persons solicited. Per annum.....$ (86) Jewelry Stores and Watch and Jewelry Repair. a. Every person engaged in the business of buying and or selling of jewelry. Per annum...$25.00 b. Every person engaged in the business of repairing watches or jewelry. Per annum... $10.00 (87) Junk Dealers. Every person, firm or corporation engaged in the business of buying and or selling what is commonly known as junk, including scrap materials, waste paper, etc., shall pay a license tax. Per annum...$15.00

45 Government and Administration (This tax is not applicable to persons dealing solely in waste paper; however, the license levied herein shall apply to the persons engaged in the collection of scrap who maintain no regular place of business but sell only to licensed dealers or manufacturers in this State. Salvage committees where personal profit does not accrue not be liable for the license under this section.) (88) Knitting Mills and Hosiery Finishers. Every person engaged in the business of operating a knitting mill or finishing plant. Per annum $20.00 (89) Laundries. a. Out of Town Laundries: Every person, firm or corporation engaged in the business of laundry work and or supplying or renting clean linens or towels or wearing apparel when the work is performed outside the municipality or when linen or towels or wearing apparel are supplied by businesses outside the municipality. Per annum $12.50 b. Steam, Electricity or Other Motor Power: Every person engaged in washing or laundering clothes or any other articles of any description by machinery for compensation. Per annum... $25.00 c. Hand Laundries: Every person engaged in the business of operating a hand laundry, except washer-women. Per annum.....$8.35 (90) Lightning Rod Agents (See Agents). (91) Loan Agents or Brokers. Every person engaged in the regular business of making loans or lending money, accepting liens on, or contracts of assignments of salaries or wages or other security or evidence of debt for repayment in installment payments or otherwise and maintaining in connection with same any office or established place for conduct of business and or advertising or soliciting such business in any matter. Per annum.....$ (This section is not applicable to banks, building and loan associations, credit unions nor installment paper dealers, nor to loans on real estate or pawnbrokers.) (92) Lumber Brokers (See Agents). (93) Machine Shops (See Foundries). (94) Machinery. Every person engaged in the business of dealing in machinery not otherwise taxed hereunder. Per annum... $20.00 (95) Magazines (See Newsdealers). (96) Manufacturers. Every person engaged in the business of manufacturing which business is not specifically taxed herein shall pay a license tax. Per annum... $25.00 (97) Meats. a. Retailers: Every person engaged in the business of selling fresh meats at retail. Per annum $15.00 b. Wholesale and Packing Houses: Every person engaged in the business of selling fresh meats at wholesale or in operating a packing house. Per annum $50.00 (98) Merchandising Dispensers. Every person engaged in the business of Operating or placing any machine or machines in which is kept any articles of merchandise to be purchased, any machine which plays records or produces music, or any weighing machine shall pay a license tax. Per annum.....$5.00 Operators of cigarette machines shall pay a license tax. Per annum...$10.00 (This section is not applicable to vendors selling soft drinks at or from machines nor to machines that vend peanuts and candies.) (99) Merry-go-rounds, etc. Every person, firm or corporation engaged in the business of operating a ferris wheel, merry-goround or other riding devices, shooting gallery, skating rink, swimming pool or other amusements of a like kind, or a place for other games or play, with or without a name. If operated on a permanent basis, subject as enumerated. Per annum...$10.00 (100) Metallic Cartridges. Every dealer in metallic cartridges. Per annum.....$5.00 (101) Mobile Home Parks. Every person engaged in the operation of a trailer and or mobile home park or the business of renting land for the location of one (1) or more house trailers. For each space prepared for occupancy. Per annum.....$5.00 (102) Monuments. a. Every person, firm or corporation engaged in the business of erecting, selling or offering for sale monuments or articles of a like kind. Per annum...$25.00 b. Solicitors: In addition to the tax levied in section a. hereof, an additional tax shall be paid by each person soliciting or selling monuments.

46 Government and Administration Per annum... $10.00 (103) Motorcycle Dealers (See Automobiles). (104) Moving Pictures and Vaudeville Shows. Every person, firm or corporation engaged in the business of operating a moving picture show or place where vaudeville shows or exhibitions, or theatre or opera house where public exhibitions or performances are given for compensation. Per annum... $62.50 (105) Music Machines (See Merchandising Machines). (106) Musical Instruments. Every person, firm or corporation engaged in the business of selling or offering for sale pianos, organs, victrolas or victrola records, radios and or radio accessories, and television sets and accessories, parts and repairs. Per annum.....$5.00 Agents when selling these commodities when dealer located outside of municipality. Per annum.....$5.00 (107) Newsdealers. Every person engaged in the business as as dealer in newspapers or periodicals. Per annum... $10.00 (108) Newspaper Contest. Every person, firm or corporation who or which conducts contests and offers prizes or other compensation to obtain subscriptions to newspapers or magazines. Monthly or semi-weekly newspapers or magazines....$25.00 Daily newspaper or other daily periodical...$ (109) Newspaper. Every person publishing a newspaper. Per annum... $50.00 (110) Office Supplies and or Servicing Certain Machines. Every person dealing in office supplies or servicing and repairing machines. Per annum... $15.00 (111) Oyster Dealers (See Fish and Oyster Dealers). (112) Packing Houses (See Meats). (113) Painting. Every person engaged in business as a painting contractor. Per annum... $15.00 (114) Paper Hanging. Every person engaged in the business of paper hanging. Per annum.....$7.50 (115) Pawnbrokers. Every person, firm or corporation engaged in the business of lending or advancing money or other thing of value for profit and taking as a pledge for such loan a specific article or articles of personal property to be forfeited if payment is not made within a definite time shall be deemed a pawnbroker and pay an annual license. Per annum...$75.00 (116) Peddlers. Any person who shall carry from place to place any goods, wares or merchandise and sell or offer to sell or barter the same, shall be deemed peddlers, except wholesale dealers with established warehouses and selling only to merchants for resale, shall pay a license tax as follows: Per annum. a. Peddlers on foot....$10.00 b. Peddlers with horse or other animal, and with or without vehicle....$15.00 c. Peddler, with vehicle propelled by motor or other power. For each Vehicle..$ d. Peddler, with vehicle of one-half (1/2) ton capacity or less....$25.00 Item c. may be graduated according to size, weight, capacity, value of goods or other classification. This section is not applicable to the sale of books, periodicals, printed music, ice, wood for fuel, fish, beef, mutton, pork, bread, cakes, pies, dairy products, poultry eggs, livestock or articles produced by the vendor offering them for sale, but shall apply to medicines, drugs, or articles assembled. It is not applicable to Confederate soldiers, disabled veterans of Spanish-American War or World Wars, or blind persons, who are exempted from this tax by state law.) (117) Phrenologist. Every person engaged in the business or in the practice of phrenology for compensation. Per annum.....$ (118) Piano Repairers and Tuners (See Musical Instruments). (119) Pistols. Every person engaged in selling or offering for sale pistols. Per annum...$50.00 Blank cartridge pistols. Per annum...$50.00 (120) Plastering Contractors (See Contractors). (121) Plumbers, Heating Contractors and Electricians.

47 Government and Administration Every person, firm or corporation in business as a plumber, steam or gas fitter or installing heating systems or installing electrical equipment. Per annum... $12.50 (When an individual required to be licensed under this section employees only one (1) additional person, the tax shall be one-half (1/2). (122) Printing Establishments. Every person engaged in the business of operating a printing establishment. Per annum... $10.00 (123) Radios (See Musical Instruments). (124) Rags, Hides and Waste Paper (See also Junk Dealers). Every person engaged in the business of buying or selling hides, rags, and or waste paper. Per annum... $10.00 (125) Repair Shops (See also Automobiles, pianos, office Supplies, etc.). Every person engaged in or operating a repair shop not otherwise taxed. Per annum... $10.00 (126) Retail Merchants. Not otherwise taxed. Per annum... $10.00 (127) Roof Patchers, Painters or Repairers. Every person engaged in the business of patching, painting or repairing roofs. Per annum... $10.00 (128) Sandwiches, Wholesale Dealers. Every person engaged in the business of preparing and selling sandwiches at wholesale. Per annum...$10.00 (129) Secondhand Dealers. Every person engaged in the business of selling or offering for sale or trading second hand goods, wares or merchandise of any description, except automobiles. Per annum... $20.00 (130) Service Stations (See Automobiles). (131) Shoe Shine Parlors or Stands. Every person who maintains or operates a shoe shine parlor or stand. Per chair or stool. Per annum.....$0.50 (132) Shoe Shops. Every person engaged in the business of making or repairing shoes. Per annum... $10.00 (133) Shooting Galleries (See Merry-go-rounds). (134) Skating Rinks (See Merry-go-rounds). (135) Slot Machines (See Merchandising Machines). (136) Soda Fountains and Soft Drink Stands. Every person engaged in operating a soda fountain or soft drink stand. Per annum: a. Soda Fountains: On each carbonated draft arm of each fountain.. $5.00 b. Soft Drink Stands: On each stand at which soft drinks are sold at retail....$2.50 (137) Soft Drink Bottlers and Distributors (See Bottlers). (138) Sprinklers (See Elevators). (139) Steam Fitters (See Plumbers). (140) Stock Yards and Pens. Every person engaged in the business of operating a stock yard or stock pen. Per annum...$25.00 (141) Storage Warehouse (Except Cotton and Tobacco). Every person engaged in the business of operating a warehouse, storage or transfer warehouse wherein anything not belonging to the owner or operator is stored for compensation. Per annum...$50.00 (142) Swimming Pools (See Merry-go-rounds). (143) Tailors. Every person engaged in the business of operating a tailor shop. Per annum...$15.00 (144) Taxicabs. Per Vehicle. Per annum... $15.00 (145) Telegraph Companies. Every telegraph company engaged in business within the corporate limits. Per annum...$10.00 (146) Television (See Musical Instruments). (147) Theatres and Shows (See Amusements). (148) Tobacco Dealers (See Cigars and Cigarettes). (149) Tobacco Warehouse. Every person engaged in the business of operating a warehouse for the sale of leaf tobacco upon commission. Per annum...$50.00 (150) Tombstones (See Monuments). (151) Tourist Houses. Every person engaged in the business of operating a tourist home or tourist camp or similar place, advertising in any manner for transient patronage, or soliciting such patronage. Per annum: a. Homes or camps having five (5) rooms or less..... $5.00 b. Homes or camps having more than five (5) rooms.

48 Government and Administration Per room.... $1.00 (Sitting rooms, dining rooms, kitchen, and rooms occupied by operator and members of his family or personal use not to be counted.) (152) Trading Stamps. Every person engaged in the business of trading or selling or delivering trading stamps, checks, receipts, certificates, or tokens to persons engaged in trade or business with the understanding that the same shall be presented by the latter to their patrons as a discount, bonus or premium to secure patronage and that the person delivering same will give to the patron presenting the same money or other thing of value or any preference on account of presenting or possessing thereof. Per annum.....$ (Not applicable to manufacturers or merchants who sell merchandise of such manufacturer offering to present to purchaser a gift of value as an inducement to purchase such merchandise). (153) Undertakers and Coffin Retailers. Every person engaged in the business of burying the dead or in the retail sale of coffins. Per annum... $25.00 (154) Upholstery Shops. Every person engaged in operating an upholstery shop. Per annum... $25.00 (155) Utilities (See Appendix in clerk s office). (156) Vending Machines (See Merchandising Machines). (157) Weighing Machines (See Merchandising Machines). (158) Warehouses (See Cotton, Tobacco Storage). (159) Watch Repairers (See Jewelry Stores). (160) Wood Dealers. Every person engaged in the business of selling wood. Per annum... $10.00 (161) Wrestling and Boxing. Every promoter or exhibitor of any wrestling or boxing matches for which an admission charge is made. Per annum... $50.00 ARTICLE C Fiscal Procedures (Reserved) State Law Reference: Privilege license taxes, G.S. 160A Cross Reference: Citizens and property within corporate limits subject to taxation for fiscal year and ensuing years, Charter, section 7.5. Sections through reserved.

49 Government and Administration 2-12 CHAPTER 5 CHAPTER 6 Social Security and Retirement (Reserved) Personnel Policy ARTICLE I General Provisions Section Purpose of the Chapter. Section At Will Employment. Section Merit Principal. Section Responsibilities of the Town Board of Commissioners. Section Responsibilities of the Town Manager. Section Application of Policies, Plan, Rules, and Regulations. Section Departmental Rules and Regulations. Section Definitions. Sections through reserved. ARTICLE II Position Classification Plan Section Purpose. Section Composition of the Position Classification Plan. Section Use of the Position Classification Plan. Section Administration of the Position Classification Plan. Section Adoption of the Position Classification Plan. Section Administration of the Position Classification Plan. Section Request for Reclassification. Sections through reserved. ARTICLE III The Pay Plan Section Definition. Section Administration and Maintenance. Section Starting Salaries. Section Trainee Designation and Provisions. Section Probationary Pay Increases. Section Merit Pay. Section Merit Pay Bonus. Section Salary Effect of Promotions, Demotions, Transfers, and Reclassifications. Section Salary Effect of Salary Range Revisions. Section Transition to a New Salary Plan. Section Effective Date of Salary Changes. Section Overtime Pay Provisions. Section Call-back and Stand-by Pay. Section Payroll Deduction. Section Hourly Rate of Pay. Section Longevity Pay. Sections through reserved.

50 Government and Administration 2-13 ARTICLE IV Section Vacation Leave: Payment Upon Separation. Recruitment and Employment Section Vacation Leave: Payment Upon Death. Section Sick Leave. Section Equal Employment Opportunity Policy. Section Sick Leave: Accrual Rate and Section Implementation of Equal Employment Opportunity Policy. Section Accumulation. Transfer of Sick Leave From Previous Section Recruitment, Selection and Appointment. Employer. Section Probationary Period. Section Sick Leave: Medical Certification. Section Promotion. Section Leave Pro-rated. Section Demotion. Section Leave Without Pay. Section Transfer. Section Leave without Pay: Retention and Sections through reserved. Continuation of Benefits. Section Workers Compensation Leave. ARTICLE V Section Section Parental Leave. Military Leave. Conditions of Employment Section Reinstatement Following Military Service. Section Work Schedule. Section Civil Leave. Section Political Activity. Section Parental School Leave. Section Outside Employment. Sections through reserved. Section Dual Employment. Section Employment of Relatives. ARTICLE VIII Section Sexual Harassment Prohibited. Section Solicitation and Acceptance of Gifts and Favors. Separation and Reinstatement Section Performance Evaluation. Section Types of Separation. Section Safety. Section Resignation. Section Substance Abuse Policy. Section Section Reduction in Force. Disability. ARTICLE VI Section Section Voluntary Retirement. Death. Employee Benefits Section Dismissal. Section Reinstatement. Section Eligibility. Section Rehiring. Section Group Health and Hospitalization Insurance. Section reserved. Section Group Life Insurance. ARTICLE IX Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Other Optional Group Insurance Plans. Retirement. Supplemental Retirement Benefits. Social Security. Workers Compensation. Unemployment Compensation. Tuition Assistance Program. ARTICLE VII Holidays and Leaves of Absence Policy. Holidays. Holidays: Effect on Other Types of Leave. Holidays: Compensations When Work is Required or Regularly Scheduled Off for Shift Personnel. Vacation Leave. Vacation Leave: Use by Probationary Employees. Vacation Leave: Accrual Rate. Vacation Leave: Maximum Accumulation. Vacation Leave: Manner of Taking. Unsatisfactory Job Performance and Detrimental Personal Conduct Section Disciplinary Action for Unsatisfactory Job Performance. Section Unsatisfactory Job Performance Defined. Section Communication and Warning Procedures Preceding Disciplinary Action for Unsatisfactory Job Performance. Section Disciplinary Action for Detrimental Personal Conduct. Section Detrimental Personal Conduct Defined. Section Pre-disciplinary Conference. Section Non-disciplinary Suspension. Sections through reserved. ARTICLE X Grievance Procedure and Adverse Action Appeal Section Section Section Section Section Policy. Grievance Defined. Purposes of the Grievance Procedure. Procedure. Grievance and Adverse Action Appeal Procedure for Discrimination.

51 Government and Administration 2-14 Sections through reserved. ARTICLE XI Records and Reports Section Public Information. Section Access to Confidential Records. Section Personnel Actions. Section Records of Former Employees. Section Remedies of Employees Objecting to Material in File. Section Penalties for Permitting Access to Confidential Records. Section Examining and/or Copying Confidential Material Without Authorization. Section Destruction of Records Regulated. Sections through reserved. ARTICLE I GENERAL PROVISIONS Section Purpose of the Chapter. It is the purpose of this policy and the rules and regulations set forth to establish a fair and uniform system of personnel administration for all employees of the Town under the supervision of the Town Manager. This policy is established under authority of Chapter 160A, Article 7, of the General Statutes of North Carolina. Section At Will Employment. The Town of Erwin is an "at will" employer. Nothing in this policy creates an employment contract or term between the Town and its employees. No person has the authority to grant any employee any contractual rights of employment. Section Merit Principle. All appointments and promotions shall be made solely on the basis of merit. All positions requiring the performance of the same duties and fulfillment of the same responsibilities shall be assigned to the same class and the same salary range. No applicant for employment or employee shall be deprived on employment opportunities or otherwise adversely affected as an employee because of such individual's race, color, religion, sex national origin, political affiliation, non-disqualifying disability, or age. Section Responsibilities of the Town Board of Commissioners. The Town Board of Commissioners shall be responsible for establishing and approving personnel policies, the position classification and pay plan, and may change the policies and benefits as necessary. They also shall make and confirm appointments when so specified by the general statutes. Section Responsibilities of the Town Manager. The Town Manager shall be responsible to the Town Board of Commissioners for the administration and technical direction of the personnel program. The Town Manager shall appoint, suspend, and remove all Town employees except those whose appointment is otherwise provided for by law. The Town Manager shall make appointments, dismissals and suspensions in accordance with the Town charter and other policies and procedures spelled out in other Articles in this Policy. The Town Manager shall supervise or participate in: a) Recommending rules and revisions to the personnel system to the Town Board of Commissioners for consideration; b) Making changes as necessary to maintain an up to date and accurate position classification plan; c) Preparing and recommend necessary revisions to the pay plan; d) Determining which employees shall be subject to the overtime provisions of FLSA; e) Establishing and maintaining a roster of all persons and authorized positions in the municipal service, setting forth each position and employee, class title of position, salary, any changes in class title and status, and such data as may be desirable or useful; f) Developing and administering such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the Town; g) Developing and coordinating training and educational programs for Town employees; h) Investigating periodically the operation and effect of the personnel provisions of this chapter; and

52 Government and Administration 2-15 i) Performing such other duties as may be successfully completed the designated assigned by the Town Board of Commissioners probationary period. not inconsistent with this Chapter. Temporary employee. An employee appointed to a position for which either the average work week Section Application of Policies, Plan, Rules, and Regulations. The personnel policy and all rules and regulations adopted pursuant thereto shall be binding on all Town employees. The Town Manager, Town Attorney, members of the Town Board of Commissioners and advisory boards and commissions will be exempted except in sections where specifically included. An employee violating any of the provisions of this policy shall be subject to appropriate disciplinary action, as well as prosecution under any civil or criminal laws which have been violated. Section Departmental Rules and Regulations. Because of the particular personnel and operational requirements of the various departments of the Town, each department is authorized to establish supplemental written rules and regulations applicable only to the personnel of that department. All such rules and regulations shall be subject to the approval of the Town Manager, and shall not in any way conflict with the provisions of this Policy, but shall be considered as a supplement to this Chapter. required by the Town over the course of a year is less than 20 hours, or continuous employment required by the Town is less than 12 months. Trainee. An employee status when an applicant is hired (or employee promoted) who does not meet all of the requirements for the position. During the duration of a trainee appointment, the employee is on probationary status. Section Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Full-time employee. An employee who is in a position for which an average work week equals at least 35 hours, and continuous employment of at least 12 months, are required by the Town. Part-time employee. An employee who is in a position for which an average work week of at least 20 hours and less than 40 hours and continuous employment of at least 12 months are required by the Town. Regular employee. An employee appointed to a full or part-time position who has successfully completed the designated probationary period. Probationary employee. An employee appointed to a full or part-time position who has not yet

53 Government and Administration 2-16 ARTICLE II POSITION CLASSIFICATION PLAN Section Purpose. The position classification plan provides a complete inventory of all authorized and permanent positions in the Town service, and an accurate description and specification for each class of employment. The plan standardizes job titles, each of which is indicative of a definite range of duties and responsibilities. Section Composition of the Position Classification Plan. The classification plan shall consist of: a) A grouping of positions in classes which are approximately equal in difficulty and responsibility which call for the same general qualifications, and which can be equitably compensated within the same range of pay under similar working conditions; b) Class titles descriptive of the work of the class; c) Written specifications for each class of positions; and d) An allocation list showing the class title of each position in the classified service. Section Use of the Position Classification Plan. class, and shall be responsible for the administration of the position classification plan. The Town Manager shall periodically review portions of the classification plan and recommend appropriate changes to the Town Board of Commissioners. Section Adoption of the Position Classification Plan. The position classification plan shall be adopted by the Town Board of Commissioners and shall be on file with the Town Clerk. Copies will be available to all Town employees for review upon request. New positions shall be established upon recommendation of the Town Manager and approval of the Town Board of Commissioners after which the Town Manager shall either allocate the new position into the appropriate existing class, or revise the position classification plan to establish a new class to which the new position may be allocated. Section Request for reclassification. Any employee who considers the position in which classified to be improper shall submit a request in writing for reclassification to such employee's immediate supervisor, who shall immediately transmit the request through the department head to the Town Manager. Upon receipt of such request, the Town Manager shall study the request, determine the merit of the reclassification, and make a decision to revise the classification and pay plan where necessary. The classification plan is to be used: a) As a guide in recruiting and examining applicants for employment; b) In determining lines of promotion and in developing employee training programs; c) In determining salary to be paid for various types of work; d) In determining personnel service items in departmental budgets; and e) In providing uniform job terminology. Section Administration of the Position Classification Plan. The Town Manager shall allocate each position covered by the classification plan to its appropriate

54 Government and Administration 2-17 ARTICLE III Section Starting Salaries. THE PAY PLAN All persons employed in positions approved in the position classification plan shall be employed at Section Definition. the minimum salary for the classification in which they are employed; however, exceptionally well The pay plan includes the basic salary schedule and the "Assignment of Classes to Grades and Ranges" adopted by the Board of Commissioners. The salary schedule consists of steps for minimum or beginning, maximum, and intervening rates of pay for all classes of positions, and a designation of the standard hours in the work week for each position. Section Administration Maintenance. and The Town Manager shall be responsible for the administration and maintenance of the pay plan. All employees covered by the pay plan shall be paid at a rate listed within the salary range established for the respective position classification, except for employees in trainee status or employees whose existing salaries are above the established maximum rate following transition to a new pay plan. The pay plan is intended to provide equitable compensation for all positions, reflecting differences in the duties and responsibilities, the comparable rates of pay for positions in private and public employment in the area, changes in the cost of living, the financial conditions of the Town, and other factors. To this end, each budget year the Town Manager shall make comparative studies of all factors affecting the level of salary ranges including the consumer price index, anticipated changes in surrounding employer plans, and other relevant factors, and will recommend to the Town Board of Commissioners such changes in salary ranges as appear to be pertinent. Such changes shall be made in the salary ranges such that the hiring rate, all intervening rates and the maximum change according to the market. Periodically, the Town Manager shall recommend that individual salary ranges be studied and adjusted as necessary to maintain market competitiveness. Such adjustments will be made by increasing or decreasing the assigned salary grade for the class and adjusting the rate of pay for employees in the class when the action is approved by the Town Board of Commissioners. qualified applicants may be employed above the minimum of the established salary range upon approval of the Town Manager. Section Trainee Designation and Provisions. Applicants being considered for employment or Town employees who do not meet all of the requirements for the position for which they are being considered may be hired, promoted, demoted, or transferred by the Town Manager to a "trainee" status. In such cases, a plan for training, including a time schedule, must be prepared by the department head. "Trainee" salaries may be no more than two grades below the minimum salary established for the position for which the person is being trained. A new employee designated as "trainee" shall be regarded as a probationary employee. If the training is not successfully completed to the satisfaction of the Town Manager, the trainee shall be transferred, demoted, or dismissed. If the training is successfully completed, the employee shall be paid at least at the minimum rate established for the position for which the employee was trained. Section Probationary Pay Increases. Employees hired, promoted, or reclassified into the minimum rate of the pay range shall receive a salary increase within the pay range of approximately 5% upon successful completion of the probationary period, upon completion of six months of satisfactory service if the employee is not on probation. Employees serving a twelve-month probationary period may be considered for this increase after six months of employment. Employees hired or promoted above step 3 of the pay table are not eligible for a probationary increase.

55 Government and Administration 2-18 Section Merit Pay. different class within the same salary range shall not be changed by the reassignment. Upward movement within the established salary Reclassifications. An employee whose position is range for an employee is not automatic, but rather based upon specific performance-related criteria. Procedures for determining performance levels and performance pay increases or other performance-related movement within the range shall be established in procedures approved by the Town Manager. Section Merit Pay Bonus. Employees who are at the top step of the salary range for their position classification are eligible to be considered for a Merit Bonus at their regular performance evaluation time. Merit bonuses shall be awarded based upon the performance of the employee as described in the performance evaluation and in the same amounts as employees who are within the salary range. Merit bonuses shall be awarded in lump sum payments and do not become part of base pay. Section Salary Effect of Promotions, Demotions, Transfers, and Reclassifications. Promotions. When an employee is promoted, the employee's salary shall normally be advanced to the minimum level of the new position, or to a salary which provides an increase of at least approximately 5% over the employee's salary before the promotion, provided, however, that the new salary may not exceed the maximum rate of the new salary range. The purpose of the promotion pay increase is to recognize and compensate the employee for taking on increased responsibility. Demotions. When an employee is demoted to a position for which qualified, the salary shall be set at the rate in the lower pay range which provides a salary commensurate with the employees' qualifications to perform the job when the demotion is not the result of discipline. If the current salary is within the new range, the employee's salary may be retained at the previous rate if appropriate. If the demotion is the result of discipline, the salary shall be decreased at least approximately 5%, but may be no greater than the maximum of the new range. Transfers. The salary of an employee reassigned to a position in the same class or to a position in a reclassified to a class having a higher salary range shall receive a pay increase of approximately 5% or an increase to the minimum of the new pay range, whichever is higher. If the employee has completed probation, the employee's salary shall be advanced to at least the probation completion amount in the new range. If the position is reclassified to a lower pay range, the employee's salary shall remain the same. If the employee's salary is above the maximum established for the new range, the salary of that employee shall be maintained at the current level until the range is increased above the employee's salary. Section Range Revisions. Salary Effect of Salary When a class of positions is assigned to a higher salary range, employees in that class shall receive a pay increase of at least approximately 5%, or to the minimum step of the new range, whichever is higher. If the employee has passed probation, the employee's salary shall be advanced at least to the probation completion amount in the new range. When a class of positions is assigned to a lower salary range, the salaries of employees in that class will remain unchanged. If this assignment to a lower salary range results in an employee being paid at a rate above the maximum step established for the new class, the salary of that employee shall be maintained at that level until such time as the employee's salary range is increased above the employee's current salary. Section Plan. Transition to a New Salary The following principles shall govern the transition to a new salary plan: 1) No employee shall receive a salary reduction as a result of the transition to a new salary plan. 2) All employees being paid at a rate lower than the minimum rate established for their respective classes shall have their salaries raised to the new minimum for their classes. 3) All employees being paid at a rate below the maximum rate established for their respective classes shall be paid at a rate listed in the salary

56 Government and Administration 2-19 schedule; all employees not at a listed rate shall have their salaries raised to a listed rate. 4) All employees being paid at a rate above the maximum rate established for their respective classes shall be maintained at that salary level until such time as the employees' salary range is increased above the employees' current salary. Section Effective Date of Salary Changes. Salary changes approved after the first working day of a pay period shall become effective at the beginning of the next pay period, or at such specific date as may be provided by procedures approved by the Town Manager. Section Overtime Pay Provisions. Employees of the Town can be requested and may be required to work in excess of their regularly scheduled hours as necessitated by the needs of the Town and determined by the Department Head. To the extent that local government jurisdictions are so required, the Town will comply with the Fair Labor Standards Act (FLSA). The Town Manager shall determine which jobs are "non-exempt" and are therefore subject to the Act in areas such as hours of work and work periods, rates of overtime compensation, and other provisions. Non-exempt employees will be paid at a straight time rate for hours up to the FLSA established limit for their position (usually 40 hours in a 7 day period; 171 hours for police personnel in a 28 day cycle). Hours worked beyond the FLSA established limit will be compensated in either time or pay at the appropriate overtime rate. In determining eligibility for overtime in a work period, only hours actually worked shall be considered; in no event will vacation, sick leave, or holidays be included in the computation of hours worked for FLSA purposes. Compensatory leave requires approval by the Town Manager when creating a balance that exceeds 100 hours. Whenever practicable, departments will schedule time off on an hour-for-hour basis within the applicable work period for non-exempt employees, instead of paying overtime. When time off within the work period cannot be granted, overtime worked will be paid in accordance with the FLSA. Employees in positions determined to be "exempt" from the FLSA (as Executive, Administrative, or Professional staff) will not receive pay for hours worked in excess of their normal work periods. These employees may be granted compensatory leave by their supervisor on an hour for hour basis where the convenience of the department allows and in accordance with procedures established by the Town Manager. Such compensatory time is not guaranteed to be taken and ends without compensation upon separation from the organization. Section Pay. Call-back and Stand-by The Town provides a continuous twenty-four hour a day, seven day a week service to its customers. Therefore, it is necessary for certain employees to respond to any reasonable request for duty at any hour of the day or night. One of the conditions of employment with the Town is the acceptance of a share of the responsibility for continuous service, in accordance with the nature of each job position. If an employee fails to respond to reasonable calls for emergency service, either special or routine, the employee shall be subject to disciplinary actions up to and including dismissal by the Town Manager. Call-back. Non-exempt employees will be guaranteed a minimum payment of two hour's wages for being called back to work outside of normal working hours. "Call-back" provisions do not apply to previously scheduled overtime work. Stand-by. Non-exempt employees required to be on "stand-by" duty will be paid for five hours of work for each week (approximately 128 hours, excluding work time) of stand-by time they serve. Stand-by compensation for less than one full week shall be determined by the ratio of.04 hours of pay per one hour of stand-by time. Hours actually worked while on stand-by are calculated beginning when the employee reports to the work site and are added to the regular total of hours worked for the week. Stand-by time is defined as that time when an employee must remain near an established telephone or otherwise substantially restrict personal activities in order to be ready to respond when called.

57 Government and Administration 2-20 Section Payroll Deduction. ARTICLE IV Deductions shall be made from each employee's salary, as required by law. Additional deductions may be made upon the request of the employee on determination by the Town Manager as to capability of payroll equipment and appropriateness of the deduction. Section Hourly Rate of Pay. Employees working in a part-time or temporary capacity with the same duties as full-time employees will work at a rate in the same salary range as the full-time employees. The hourly rate for employees working other than 40 hours per week, such as police officers working an average 42 hours per week, will be determined by dividing the average number of hours worked scheduled per year into the annual salary for the position. Section Longevity Pay. Full-time and part-time employees of the town are compensated for years of service by payment of a longevity supplement based on the following table: Years of Service Longevity Amount % % % % 25 plus 2.00% Years of service are calculated on a calendar year basis as of June 30 of each year. Longevity pay will be issued on the last regular pay period in November or on a date in November designated by the City Manager. RECRUITMENT AND EMPLOYMENT Section Equal Opportunity Policy. Employment It is the policy of the Town to foster, maintain and promote equal employment opportunity. The Town shall select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, national origin, disability, political affiliation, or marital status. Applicants with physical disabilities shall be given equal consideration with other applicants for positions in which their disabilities do not represent an unreasonable barrier to satisfactory performance of duties with or without reasonable accommodation. Section Implementation of Equal Employment Opportunity Policy. All personnel responsible for recruitment and employment will continue to review regularly the implementation of this personnel policy and relevant practices to assure that equal employment opportunity based on reasonable, job-related requirements is being actively observed to the end that no employee or applicant for employment shall suffer discrimination because of age, sex, race, color, religion, disability, national origin, political affiliation, or marital status. Notices with regard to equal employment matters shall be posted in conspicuous places on Town premises in places where notices are customarily posted. Section Recruitment, Selection and Appointment. Recruitment Sources. When position vacancies occur, Department Heads shall publicize these opportunities for employment, including applicable salary information and employment qualifications. Information on job openings and hiring practices will be provided to recruitment sources, including organizations and news media available to minority applicants. In addition, notice of vacancies shall be posted at designated conspicuous sites within departments. Individuals

58 Government and Administration 2-21 shall be recruited from a geographic area as wide as necessary to ensure that well-qualified applicants are obtained for Town service. The North Carolina Employment Security Commission shall normally be used as a recruitment source. Job Advertisements. Jobs will be advertised in local newspapers, professional publications, and other relevant publications in order to establish a diverse and qualified applicant pool. Employment advertisements shall contain assurances of equal employment opportunity and shall comply with Federal and State statutes. Application for Employment. All persons expressing interest in employment with the Town shall be given the opportunity to file an application for employment for positions which are vacant. Applicant Interest Card. Persons interested in employment with the Town may complete an applicant interest card concerning all of the positions for which they wish to apply. These cards will be maintained for a period of six months. When a vacancy occurs in positions of interest, the card will be sent, notifying the person and requesting that the person complete an application before the designated deadline. Application Reserve File. Applications shall be kept in an inactive reserve file for a period of two years, in accordance with Equal Employment Opportunity Commission guidelines. Selection. Department heads shall make such investigations and conduct such examinations as necessary to assess accurately the knowledge, skills, and experience qualifications required for the position, including criminal history where job-related using the DCI when needed. All selection devices administered by the Town shall be valid measures of job performance. Appointment. Before any commitment is made to an applicant either internal or external, the Department Head shall make recommendations to the Town Manager with a recommendation of the position to be filled, the salary to be paid, and the reasons for selecting the candidate over other candidates. The Town Manager shall approve appointments and the starting salary for all applicants. Section Probationary Period. An employee appointed or promoted to a permanent position shall serve a probationary period. Employees shall serve a six month probationary period, except that emergency personnel such as sworn police personnel, and department heads shall serve a twelve month probationary period. During the probationary period, supervisors shall monitor an employee's performance and communicate with the employee concerning performance progress. Employees serving a twelve-month probation shall have a probationary review at the end of six months as well as before the end of twelve months. Before the end of the probationary period, the supervisor shall conduct a performance evaluation conference with the employee and discuss accomplishments, strengths, and needed improvements. A summary of this discussion should be documented in the employee's personnel file. The supervisor shall recommend in writing whether the probationary period should be completed, extended, or the employee transferred, demoted, or dismissed. Probationary periods may be extended for a maximum of six additional months. Disciplinary action, including demotion and dismissal, may be taken at any time during the probationary period of a new hire without following the steps outlined in this policy. A promoted employee who does not successfully complete the probationary period may be transferred or demoted to a position in which the employee shows promise of success. If no such position is available, the employee shall be dismissed. Promoted and demoted employees who are on probation retain all other rights and benefits such as the right to use of the grievance procedures. Section Promotion. Promotion is the movement of an employee from one position to a vacant position in a class assigned to a higher salary range. It is the Town's policy to create career opportunities for its employees whenever possible. Therefore, when a current employee applying for a vacant position is best suited of all applicants, that applicant shall be appointed to that position. The Town will balance three goals in the employment process: 1) The benefits to employees and the organization of promotion from within; 2) Providing equal employment opportunity and a diversified workforce to the community; and 3) Obtaining the best possible employee who will provide the most productivity in that position.

59 Government and Administration 2-22 Therefore, except in rare situations where previous Town experience is essential or exceptional qualifications of an internal candidate so indicate, the Town will consider external and internal candidates for selection rather than automatically promote from within. Candidates for promotion shall be chosen on the basis of their qualifications and their work records. Internal candidates shall apply for promotions using the same application process as external candidates. ARTICLE V CONDITIONS OF EMPLOYMENT Section Work Schedule. Department heads shall establish work schedules, with the approval of the Town Manager, which meet the operational needs of the department in the most cost effective manner possible. Section Demotion. Section Political Activity. Demotion is the movement of an employee from one position to a position in a class assigned to a lower salary range. Demotion may be voluntary or involuntary. An employee whose work or conduct in the current position is unsatisfactory may be demoted provided that the employee shows promise of becoming a satisfactory employee in the lower position. Such disciplinary demotion shall follow the disciplinary procedures outlined in this chapter. An employee who wishes to accept a position with less complex duties and reduced responsibilities may request a voluntary demotion. A voluntary demotion is not a disciplinary action and is made without using the above-referenced disciplinary procedures. Section Transfer. Transfer is the movement of an employee from one position to a position in a class in the same salary range. If a vacancy occurs and an employee in another department is eligible for a transfer, the employee shall apply for the transfer using the usual application process. The Department Head wishing to transfer an employee to a different department or classification shall make a recommendation to the Town Manager with the consent of the receiving department head. Any employee transferred without requesting the action may appeal the action in accordance with the grievance procedure outlined in this chapter. An employee who has successfully completed a probationary period may be transferred into the same classification without serving another probationary period. Each employee has a civic responsibility to support good government by every available means and in every appropriate manner. Each employee may join or affiliate with civic organizations of a partisan or political nature, may attend political meetings, may advocate and support the principles or policies of civic or political organizations in accordance with the Constitution and laws of the State of North Carolina and in accordance with the Constitution and laws of the United States. However, no employee shall: a) Engage in any political or partisan activity while on duty; b) Use official authority of influence for the purpose of interfering with or affecting the result of a nomination or an election for office; c) Be required as a duty of employment or as condition for employment, promotion or tenure of office to contribute funds for political or partisan purposes; d) Coerce or compel contributions from another employee of the Town for political or partisan purposes; e) Use any supplies or equipment of the Town for political or partisan purposes; or f) Be a candidate for nomination or election to office under the Town Charter; Any violation of this section shall subject the employee to disciplinary action including dismissal. Section Outside Employment. The work of the Town shall have precedence over other occupational interests of employees. All outside employment for salaries, wages, or commissions and all self-employment must be

60 Government and Administration 2-23 reported in advance to the employee's supervisor, who in turn will report it to the Department Head. The Department Head will review such employment for possible conflict of interest and then submit a record of the employment and review to the personnel file. Conflicting or unreported outside employment are grounds for disciplinary action up to and including dismissal. Documentation of the approval of outside employment will be placed in the employee's personnel file. Examples of conflicts of interest in outside employment include but are not limited to: a) Employment with organizations or in capacities that are regulated by the employee or employee's department; or b) Employment with organizations or in capacities that negatively impact the employee's perceived integrity, neutrality, or reputation related to performance of the employee's Town duties. Section Dual Employment. A full or part-time employee of the Town may simultaneously hold another position with the Town if the temporary position is in a different department and clearly different program area from that of the full or part-time position. However, the work of the full or part-time position shall take precedence over the temporary position, and such work will not count toward the calculation of overtime for pay or time off. Section Employment of Relatives. The Town prohibits the hiring and employment of immediate family in permanent positions within the same work unit. "Immediate Family" is defined in Article VII, Section 12. The Town also prohibits the employment of any person into a permanent position who is an immediate family member of individuals holding the following positions: Mayor, Mayor Pro Temp, Town Board of Commissioners Member, Town Manager, Town Clerk, or Town Attorney. Otherwise, the Town will consider employing family members or related persons in the service of the Town, provided that such employment does not: 3) Create a conflict of interest with either relative and the Town; or 4) Create the potential or perception of favoritism. This provision shall not apply retroactively to anyone employed when the provision is adopted by the Town. Section Sexual Harassment Prohibited. The Town prohibits sexual harassment by supervisors and co-workers in any form. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment includes repeated offensive sexual flirtations, continual or repeated commentaries about an individual's body, offensive sexual language, and the display in the workplace of sexually suggestive pictures of objects. Any employee who believes that he or she may have a complaint of sexual harassment may follow the Grievance Procedure described in this Chapter or may file the complaint directly with the Town Manager, department head, or other Town official. The Town Manager will insure that an investigation is conducted into any allegation of sexual harassment and advise the employee and appropriate management officials of the outcome of the investigation. Employees who are found to be engaged in sexual harassment are subject to disciplinary action up to and including dismissal. Employees making complaints of sexual harassment are protected against retaliation alleged harassers or other employees. 1) Result in a relative supervising relatives; 2) Result in a relative auditing the work of a relative;

61 Government and Administration 2-24 Section Solicitation and ARTICLE VI Acceptance of Gifts and Favors. EMPLOYEE BENEFITS No official or employee of the Town shall solicit or accept any gift, favor, or thing of value that may tend to influence such employee in the discharge of the employee's duties, or grant in the discharge of duty an improper favor, service, or thing of value. Section Evaluation. Performance Supervisors and/or Department Heads shall conduct Performance Evaluation conferences with each employee at least once a year. These performance evaluations shall be documented in writing and placed in the employee's personnel file. Procedures for the performance evaluation program shall be published by the Town Manager. Section Safety. Safety is the responsibility of both the Town and employees. It is the policy of the Town to establish a safe work environment for employees. The Town shall establish a safety program including policies and procedures regarding safety practices and precautions and training in safety methods. Department Heads and supervisors are responsible for insuring the safe work procedures of all employees and providing necessary safety training programs. Employees shall follow the safety policies and procedures and attend safety training programs as a condition of employment. Employees who violate such policies and procedures shall be subject to disciplinary action up to and including dismissal. Section Substance Abuse Policy. The Town may establish policies and procedures related to employee substance abuse in order to insure the safety and well-being of citizens and employees, and to comply with any state, federal, or other laws and regulations. Section Eligibility. All full-time and part-time employees of the Town are eligible for employee benefits as provided for in this Article which are subject to change at the Town's discretion. Temporary employees are eligible only for workers' compensation and FICA. Section Group Health and Hospitalization Insurance. The Town provides group health and hospitalization insurance programs for full-time employees and their families, and part-time employees. Employees who are scheduled to work 20 hours or more per week on a continuous year round basis may, if they so desire, purchase available group health through the Town for themselves or for themselves and qualified dependents. A pro-rated amount of the cost of coverage paid for a full-time employee shall be paid by the Town with the remainder of the cost being paid by the employee. This pro-rated amount shall be based on regularly scheduled hours. Information concerning cost and benefits shall be available to all employees. Section Group Life Insurance. The Town may elect to provide group life insurance for each employee subject to the stipulations of the insurance contract. Employees may elect to purchase additional coverage and/or to insure other family members under this plan at their expense subject to the stipulations of the insurance contract. Section Insurance Plans. Other Optional Group The Town may make other group insurance plans available to employees upon authorization of the Town Manager or Town Board of Commissioners. Section Retirement. Each employee who is expected to work for the Town more than 1,000 hours annually shall join

62 Government and Administration 2-25 the North Carolina Local Governmental Security Commission office, where a Employees' Retirement System when eligible as a determination of eligibility will be made. condition of employment. New hires who are current members of the NC local or State Section Tuition Assistance Program. Government Employees' Retirement Systems shall be covered under the retirement system by the Town on their first day of employment. Section Retirement Benefits. Supplemental The Town may provide supplemental retirement benefits for its full and part-time employees. Each law enforcement officer shall receive 401-K benefits as prescribed by North Carolina State Law. Each general employee may receive supplemental benefits as approved by the Town Board of Commissioners. Section Social Security. The Town, to the extent of its lawful authority and power, has extended Social Security benefits for its eligible employees and eligible groups and classes of such employees. Full-time employees who have completed initial probation may apply for tuition reimbursement for courses taken on their own time, which will improve their skills for their current job or prepare them for promotional opportunities within the Town service. Tuition, registration, fees, laboratory fees, and student fees are eligible expenses. Employees may be reimbursed eligible expenses up to a total of five hundred dollars ($500) per fiscal year. Satisfactory completion of the courses will be required for reimbursement. Requests for tuition assistance shall be submitted to the Department Head prior to course registration and are subject to the review and approval of Town Manager, subject to availability of funds. Section Compensation. Workers' All employees of the Town (full-time, part-time, and temporary) are covered by the North Carolina Workers' Compensation Act and are required to report all injuries arising out of and in the course of employment to their immediate supervisors at the time of the injury in order that appropriate action may be taken at once. Responsibility for claiming compensation under the Workers' Compensation Act is on the injured employee, and such claims must be filed by the employee with the North Carolina Industrial Commission within two years from date of injury. The department head will assist the employee in filing the claim. Section Unemployment Compensation. In accordance with Public Law and subsequent amendments, local governments are covered by unemployment insurance. Town employees who are terminated due to a reduction in force or released from Town service may apply for benefits through the local Employment

63 Government and Administration 2-26 ARTICLE VII HOLIDAYS AND LEAVES OF ABSENCE Section Policy. The policy of the Town is to provide annual leave, sick leave, and holiday leave to all full-time and part-time employees, and to provide proportionately equivalent amounts to employees having average work weeks of different lengths. Employees shall accrue leave proportionately with each payroll. Section Holidays. The following days, and other such days as the Town Board of Commissioners may designate, are holidays with full pay for employees and officers of the Town: Martin Luther King, Jr. Day Memorial Day Good Friday Independence Day Labor Day Thanksgiving Thursday & Friday Christmas Day (three (3) days) When any recognized holiday falls on Saturday or Sunday, the following Monday will be the designated holiday. In order to receive a paid holiday, an employee must have worked the day before and the day after the holiday(s), or have been given approved leave. When Christmas The Town Observes: Day falls on: Sunday Friday, Monday, Tuesday Monday Friday, Monday, Tuesday Tuesday Monday, Tuesday, Wednesday Wednesday Wednesday, Thursday, Friday Thursday Wednesday, Thursday, Friday Friday Thursday, Friday, Monday Saturday Thursday, Friday, Monday An employee must have worked the day before and the day after a holiday(s), or have been given approved leave to be eligible to receive pay for the holiday(s). Section Holidays: Effect on Other Types of Leave. Regular holidays which occur during a vacation, sick or other leave period of any employee shall not be considered as vacation, sick, or other leave. Section Holidays: Compensations When Work is Required or Regularly Scheduled Off for Shift Personnel. Employees required to perform work on regularly scheduled holidays may be granted compensatory time off or be paid at their hourly rate for hours actually worked in addition to any holiday pay to which they are entitled. Compensatory time shall be granted whenever feasible. If a holiday falls on a regularly scheduled off-duty day for shift personnel, the employee shall receive the hours for paid holiday leave. An employee required to work on Christmas Day will be paid at 1.5 times the hourly rate in addition to normal time off received for the holiday. Section Vacation Leave. Vacation leave is intended to be used for rest and relaxation, and may be used for medical appointments. Vacation leave may also be used by employees who wish to observe religious holidays other than those granted by the Town. Employees who wish to use leave for religious observances must request leave from their respective department heads. The department head will attempt to arrange the work schedule so that an employee may be granted vacation leave for the religious observance. Annual leave for religious observance may be denied only when granting the leave would create an undue hardship for the Town. Section Vacation Leave: Use by Probationary Employees. Employees serving a probationary period following initial employment may accumulate vacation leave but shall not be permitted to take vacation leave during the probationary period. Employees shall be allowed to take accumulated vacation leave after six months of service.

64 Government and Administration 2-27 Section Vacation Leave: effectiveness of service delivery. Vacation may be Accrual Rate. taken in one hour (1 hour) increments. Each full and part-time employee of the Town Section Vacation Leave: shall earn annual leave at the following schedule, Payment upon Separation. prorated by the average number of hours in the workweek: Years of Service Days Accrued Per Year plus 21 Section Vacation Leave: Maximum Accumulation. Vacation leave may be accumulated without any applicable maximum until December 31 of each year. However, if the employee departs from service, payment for accumulated vacation leave shall not exceed 30 days. Effective the last payroll in the calendar year, any employee with more than 30 days of accumulated leave shall have the excess accumulation removed so that only 30 days are carried forward to January 1 of the next calendar year. Employees are not eligible to receive pay for vacation time not taken. Employees may have excess vacation leave (over 30 days) converted to sick leave. Employees are cautioned not to retain excess accumulated vacation leave until late in the year. Because of the necessity to keep all functions in operation, large numbers of employees cannot be granted vacation leave at any one time. If an employee has excess leave accumulation during the latter part of the year and is unable to take such leave because of staffing demands, the employee shall receive no special consideration either in having vacation leave scheduled or in receiving any exception to the maximum accumulation. Section Vacation Leave: Manner of Taking Employees shall be granted the use of earned vacation leave upon request in advance at those times designated by the Department Head which will least obstruct normal operations of the Town. Department heads are responsible for insuring that approved vacation leave does not hinder the An employee who has successfully completed six months of the probationary period will normally be paid for accumulated vacation leave upon separation not to exceed 30 days, provided notice is given to the supervisor at least two weeks in advance of the effective date of resignation. Any employee failing to give the notice required by this section shall forfeit payment for accumulated leave. The notice requirement may be waived by the Town Manager when deemed to be in the best interest of the Town. Employees who are involuntarily separated shall receive payment for accumulated annual leave subject to the 30 day maximum. Section Vacation Leave: Payment upon Death. The estate of an employee who dies while employed by the Town shall be entitled to payment of all the accumulated vacation leave credited to the employee's account not to exceed the maximums established in Section 8 of this Article. Section Sick Leave. Sick leave may be granted to a probationary or regular employee absent from work for any of the following reasons: sickness, bodily injury, required physical or dental examinations or treatment, or exposure to a contagious disease, when continuing work might jeopardize the health of others. Sick leave may be used when an employee must care for a member of his or her immediate family who is ill. Sick leave may also be used for death in the employee's immediate family, but may not exceed three days for any single occurrence. Additional leave time required for such occurrence may be charged to vacation or other approved leave when approved by the department head and/or Town Manager.

65 Government and Administration 2-28 Sick leave may also be used to supplement Section Sick Leave: Medical Workers' Compensation Disability Leave both Certification. during the waiting period before Workers' compensation benefits begin, and afterward to The employee's supervisor or Department Head supplement the remaining one-third of salary, except that employee may not exceed the regular salary amount using this provision. "Immediate family" shall be defined as spouse, child, parent or step-parent, brother, sister, grandparent, grandchild, son-in-law or daughter-in-law, aunt, or uncle of the employee or spouse of the employee, or guardian. Notification of the desire to take sick leave should be submitted to the employee's supervisor prior to the leave or according to departmental procedures. Section Sick Leave: Accrual Rate and Accumulation. may require a physician's certificate stating the nature of the employee's or family member's illness and the employee's capacity to resume duties, for each occasion on which an employee uses sick leave or whenever the supervisor observes a "pattern of absenteeism." The employee may be required to submit to such medical examination or inquiry as the Department Head deems desirable. The Department Head shall be responsible for the application of this provision to the end that: 1) Employees shall not be on duty when they might endanger their health or the health of other employees; and 2) There will be no abuse of leave privileges. Sick leave shall accrue at a rate of one day per month of service or twelve days per year. Sick leave for full-time and part-time employees working other than the basic work schedule shall be pro-rated as described in this Article. Sick leave will be cumulative for an indefinite period of time and may be converted upon retirement for service credit consistent with the provisions of the North Carolina Local Government Employees' Retirement System. All sick leave accumulated by an employee shall end and terminate without compensation when the employee resigns or is separated from the Town, except as stated for employees retiring or terminated due to reduction in force. Section Transfer of Sick Leave from Previous Employer. The Town will accept the transfer of sick leave for employees from other employers who are participants of the Local or State Employees Retirement System. The sick leave will be treated as though it were earned with the Town of Erwin. The sick leave amount must be certified by the previous employer. Claiming sick leave under false pretense to obtain a day off with pay shall subject the employee to disciplinary action up to and including dismissal. Section Leave Pro-rated. Holiday, annual, and sick leave earned by full-time and part-time employees with fewer or more hours than the basic work week shall be determined by the following formula: 1) The number of hours worked by such employees shall be divided by the number of hours in the basic work week (usually 40 hours). 2) The proportion obtained in step 1 shall be multiplied by the number of hours of leave earned annually by employees working the basic work week. 3) The number of hours in step 2 divided by 12 shall be the number of hours of leave earned monthly by the employees concerned. Section Leave Without Pay. A full or part-time employee may be granted a leave of absence without pay for a period of up to twelve months by the Town Manager. The leave shall be used for reasons of personal disability after both sick leave and desired amount of annual leave have been exhausted, sickness or disability of immediate family members, continuation of education, special work that will permit the Town

66 Government and Administration 2-29 to benefit by the experience gained or the work performed, or for other reasons deemed justified by the Town Manager. The employee shall apply in writing to the supervisor for leave. The employee is obligated to return to duty within or at the end of the time determined appropriate by the Town Manager. Upon returning to duty after being on leave without pay, the employee shall be entitled to return to the same position held at the time leave was granted or to one of like classification, seniority, and pay. If the employee decides not to return to work, the supervisor shall be notified immediately. Failure to report at the expiration of a leave of absence, unless an extension has been requested, shall be considered a resignation. Section Leave Without Pay: Retention and Continuation of Benefits. An employee shall retain all unused vacation and sick leave while on Leave Without Pay. An employee ceases to earn leave credits on the date leave without pay begins. An employee on Leave Without Pay may continue to be eligible for benefits under the Town's group insurance plans at his or her own expense, subject to any regulation adopted by the Town and the regulations of the Town's group insurance plans. Section Leave. Workers' Compensation An employee absent from duty because of sickness or disability covered by the North Carolina Workers' Compensation Act may elect to use accrued sick leave or vacation during the first waiting period. The employee may also elect to supplement workers' compensation payments after they begin with sick leave, vacation, or compensatory time, provided that the combination of leave supplement and workers' compensation payments does not exceed normal compensation. An employee on workers' compensation leave may be permitted to continue to be eligible for benefits under the Town's group insurance plans. When worker's compensation leave extends long enough for the waiting period to be reimbursed, the employee shall return the reimbursement check to the Town and have leave hours reinstated for all time covered by paid leave. In such cases, the Town will pay the employee for any unpaid time that is owed the employee. Section Parental Leave. Parental leave may be granted to an employee for a period of up to three months for pregnancy, miscarriage, abortion, childbirth, recovery, or adoption. Employees may be granted an extension by the Town Council when medically necessary. Parental Leave is leave without pay unless the employee uses sick or vacation leave as provided by this policy. A parental leave request, including the tentative duration of the leave requested, must be submitted to the Department Head in advance of the leave, preferably 30 days ahead of the leave unless the need is a sudden one. Sick leave may be taken during the period of actual disability as certified by the attending physician of the mother, and when care of the disabled mother is required by an immediate family member. Vacation, compensatory time, or leave without pay may be used for other periods of the parental leave, consistent with the leave provisions of this policy. Section Military Leave. Permanent employees who are members of an Armed Forces Reserve organization or National Guard shall be granted ten workdays per year for military leave without pay. On rare occasions due to annual training being scheduled on a federal fiscal year basis, an employee may be required to attend two periods of training in one calendar year. For this purpose only, an employee shall be granted an additional ten days of military leave during the same calendar year. If such duty is required beyond this ten workdays, the employee shall be eligible to take accumulated vacation leave or be placed in a leave without pay status, and the provisions of that leave shall apply. While taking military leave, the employee's leave credits and other benefits shall continue to accrue as if the employee physically remained with the Town during this period. Employees who are eligible for military leave have all job rights specified by the Vietnam Veterans Readjustment Act.

67 Government and Administration 2-30 Section Reinstatement 3) The Town may require written verification Following Military Service. from the child's school that the employee was involved at the school during the leave time. An employee called to extended active duty with the United States military forces, who does not volunteer for service beyond the period for which called, shall be reinstated with full benefits provided the employee: 1) Applies for reinstatement within ninety days after the release form military service; and 2) Is able to perform the duties of the former position or similar position; or 3) Is unable to perform the duties of the former position or a similar position due to disability sustained as a result of the military service, but is able to perform the duties of another position in the service of the Town. In this case the employee shall be employed in such other position as will provide the nearest approximation of the seniority, status, and pay which the employee otherwise would have been provided, if available. Paid leave (vacation time) taken by an employee to attend to school activities of his or her child shall count toward the fulfillment of this provision by the Town. Section Civil Leave. A Town employee called for jury duty or as a court witness for the federal or state governments, or a subdivision thereof, shall receive leave with pay for such duty during the required absence without charge to accumulated leave. The employee may keep fees and travel allowances received for jury or witness duty in addition to regular compensation; except, that employees must turn over to the Town any witness fees or travel allowance awarded by that court for court appearances in connection with official duties. While on civil leave, benefits and leave shall accrue as though on regular duty. Section Parental School Leave. A Town employee who is a parent, guardian, or person standing in loco parentis (in place of the parent) may take up to four hours of unpaid leave annually to involve him or herself in school activities of his or her child(ren). This leave is subject to the three following conditions: 1) The leave must be taken at a time mutually agreed upon by the employee and the Town; 2) The Town may require the employee to request the leave in writing at least 48 hours prior to the time of the desired leave; and

68 Government and Administration 2-31 ARTICLE VIII Section Disability. SEPARATION AND REINSTATEMENT Section Types of Separations. All separations of employees from positions in the service of the Town shall be designated as one of the following types and shall be accomplished in the manner indicated: Resignation, reduction in force, disability, voluntary retirement, dismissal, or death. Section Resignation. An employee may resign by submitting the reasons for resignation and the effective date in writing to the immediate supervisor as far in advance as possible. In all instances, the minimum notice requirement is two weeks. Failure to provide minimum notice shall result in forfeit of payment for accumulated annual leave unless the notice is waived upon recommendation of the Department Head and approval by the Town Manager. Three consecutive days of absence without contacting the immediate supervisor or Department Head may be considered to be a voluntary resignation. Sick leave will only be approved during the final two weeks of a notice with a physician's certification or comparable documentation. Section Reduction in Force. In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee's performance, organizational needs, and seniority in determining those employees to be retained. Employees who are separated because of a reduction in force shall be given at least two weeks notice of the anticipated action. No permanent employee shall be separated because of a reduction in force while there are temporary or probationary employees serving in the same class in the department, unless the permanent employee is not willing to transfer to the position held by the temporary or probationary employee. An employee who cannot perform the essential duties of a position because of a physical or mental impairment may be separated for disability. Action may be initiated by the employee or the Town. In cases initiated by the employee, such action must be accompanied by medical evidence acceptable to the Town Manager. The Town may require an examination, at the Town's expense, performed by a physician of the Town's choice. Section Voluntary Retirement. An employee who meets the conditions set forth under the provision of the North Carolina Local Government Employee's Retirement System may elect to retire and receive all benefits earned under the retirement plan. Section Death. Separation shall be effective as of the date of death. All compensation due shall be paid to the estate of the employee. Section Dismissal. An employee may be dismissed in accordance with the provisions and procedures of Article IX. Section Reinstatement. An employee who is separated because of reduction in force may be reinstated within one year of the date of separation, upon recommendation of the Department Head, and upon approval of the Town Manager. An employee who is reinstated in this manner shall be re-credited with his or her previously accrued sick leave. Section Rehiring. An employee who resigns while in good standing may be rehired with the approval of the Town Manager, and may be regarded as a new employee, subject to all of the provisions of rules and regulations of this Chapter. An employee in good standing who is separated due to a reduction in force shall be given the first opportunity to be rehired in the same or a similar position.

69 Government and Administration 2-32 ARTICLE IX actions warrant, the supervisor shall meet with the employee as soon as possible in one or more UNSATISFACTORY JOB PERFORMANCE counseling sessions to discuss specific AND DETRIMENTAL PERSONAL CONDUCT Section Disciplinary Action for Unsatisfactory Job Performance. A permanent employee may be placed on disciplinary suspension, demoted, or dismissed for unsatisfactory job performance, if after following the procedure outlined below, the employee's job performance is still deemed to be unsatisfactory. All cases of disciplinary suspension, demotion, or dismissal must be approved by the Town Manager prior to giving final notice to the employee. Section Unsatisfactory Job Performance Defined. Unsatisfactory job performance includes any aspects of the employee's job which are not performed as required to meet the standards set by the Department Head or Town Manager. Examples of unsatisfactory job performance include, but are not limited to, the following: 1) Demonstrated inefficiency, negligence, or incompetence in the performance of duties; 2) Careless, negligent or improper use of Town property or equipment; 3) Physical or mental incapacity to perform duties; 4) Discourteous treatment of the public or other employees; 5) Absence without approved leave; 6) Improper use of leave privileges; 7) Failure to report for duty at the assigned time and place; 8) Failure to complete work within time frames established in work plan or work standards; 9) Failure to meet work standards over a period of time; or 10) Failure to follow the chain of command to address work-related issues. performance problems. A brief summary of these counseling sessions shall be noted in the employee's file by the supervisor. An employee whose job performance is unsatisfactory over a period of time should normally receive at least two warnings from the supervisor before disciplinary action resulting in dismissal is taken by the Town Manager. In each case, the supervisor should record the dates of discussions with the employee, the performance deficiencies discussed, the corrective actions recommended, and the time limits set. If the employee's performance continues to be unsatisfactory, then the supervisor should use the following steps: 1) A final written warning from the supervisor serving notice upon the employee that corrected performance must take place immediately in order to avoid suspension, demotion, or dismissal. 2) If performance does not improve, a written recommendation should be sent to the Town Manager for disciplinary action such as suspension, demotion, or dismissal. Disciplinary suspensions should not generally exceed three days (24 hours). Section Disciplinary Action for Detrimental Personal Conduct. With the approval of the Town Manager, an employee may be placed on disciplinary suspension, demoted, or dismissed without prior warning for causes relating to personal conduct detrimental to Town service in order to: 1) Avoid undue disruption of work; 2) To protect the safety of persons or property; or 3) For other serious reasons. Section Detrimental Personal Conduct Defined. Section Communication and Warning Procedures Preceding Disciplinary Action for Unsatisfactory Job Performance. When an employee's job performance is unsatisfactory, or when incidents or inappropriate Detrimental personal conduct includes behavior of such a serious detrimental nature that the functioning of the Town may be or has been impaired; the safety of persons or property may be or have been threatened; or the laws of any government may be or have been violated.

70 Government and Administration 2-33 Examples of detrimental personal conduct include, but are not limited to, the following: 1) Fraud or theft; 2) Conviction of a felony or the entry of a plea of nolo contendere thereto; 3) Falsification of records for personal profit, to grant special privileges, or to obtain employment; 4) Willful misuse of gross negligence in the handling of Town funds; 5) Willful or wanton damage or destruction to property; 6) Willful or wanton acts that endanger the lives and property of others; 7) Possession of unauthorized firearms or other lethal weapons on the job; 8) Brutality in the performance of duties; 9) Reporting to work under the influence of alcohol or drugs or partaking of such while on duty. Prescribed medication may be taken within the limits set by a physician as long as medically necessary; 10) Engaging in incompatible employment or serving a conflicting interest; 11) Request or acceptance of gifts in exchange for favors or influence; 12) Engaging in political activity prohibited by this chapter; 13) Harassment of an employee(s) and/or the public on the basis of sex or any other protected class status; or 14) Stated refusal to perform assigned duties or flagrant violation of work rules and regulations. Section Pre-disciplinary Conference. Before suspension, demotion, or dismissal action is taken, whether for failure in personal conduct or failure in performance of duties, the Town Manager or a Department head will conduct a pre-disciplinary conference. At this conference, the employee may present any response to the proposed disciplinary action to the Town Manager or Department Head. The Town Manager or Department Head will consider the employee's response, if any, to the proposed disciplinary action, and will, within three working days following the pre-disciplinary conference, notify the employee in writing of the final decision to take disciplinary action. The notice of the final disciplinary action shall contain a statement of the reasons for the action and the employee's appeal rights. Section Suspension. Non-Disciplinary During the investigation, hearing, or trial of an employee on any criminal charge, or during an investigation related to alleged detrimental personal conduct, or during the course of any civil action involving an employee, when suspension would, in the opinion of the Department Head or Town Manager, be in the best interest of the Town, the Department Head or Town Manager may suspend the employee for part or all of the proceedings as a non-disciplinary action. In such cases, the Town Manager may: 1) Temporarily relieve the employee of all duties and responsibilities and place the employee on paid or unpaid leave for the duration of the suspension, or 2) Assign the employee new duties and responsibilities and allow the employee to receive such compensation as is in keeping with the new duties and responsibilities. If the employee is reinstated following the suspension such employee shall not lose any benefits to which otherwise the employee would have been entitled had the suspension not occurred. If the employee is terminated following suspension, the employee shall not be eligible for any pay from the date of suspension; provided, however, all other benefits with the exception of accrued annual leave and sick leave shall be maintained during the period of suspension.

71 Government and Administration 2-34 ARTICLE X GRIEVANCE PROCEDURE AND ADVERSE ACTION APPEAL Section Policy. It is the policy of the Town to provide a just procedure for the presentation, consideration, and disposition of employee grievances. The purpose of this article is to outline the procedure and to assure all employees that a response to their complaints and grievances will be prompt and fair. Employees utilizing the grievance procedures shall not be subjected to retaliation or any form of harassment from supervisors or employees for exercising their rights under this policy. Supervisors or other employees who violate this policy shall be subject to disciplinary action up to and including dismissal from Town service. Section Grievance Defined. A grievance is a claim or complaint by a current or a former employee based upon an event or condition, which affects the circumstances under which an employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment conditions. Section Purposes of the Grievance Procedure. The purposes of the grievance procedure include, but are not limited to: 1) Providing employees with a procedure by which their complaints can be considered promptly, fairly, and without reprisal; 2) Encouraging employees to express themselves about the conditions of work which affect them as employees; 3) Promoting better understanding of policies, practices, and procedures which affect employees; 4) Increasing employees' confidence that personnel actions taken are in accordance with established, fair, and uniform policies and procedures; and 5) Increasing the sense of responsibility exercised by supervisors in dealing with their employees. 6) Encouraging conflicts to be resolved between employees and supervisors who must maintain an effective future working relationship, and therefore, encouraging conflicts to be resolved at the lowest level possible in the chain of command; and 7) Creating a work environment free of continuing conflicts, disagreements, and negative feelings about the Town or its leaders, thus freeing up employee motivation, productivity, and creativity. Section Procedure. When an employee has a grievance, the following successive steps are to be taken unless otherwise provided. The number of calendar days indicated for each step should be considered the maximum, unless otherwise provided, and every effort should be made to expedite the process. However, the time limits set forth may be extended by mutual consent. The last step initiated by an employee shall be considered to be the step at which the grievance is resolved. A decision to rescind a disciplinary suspension, demotion or dismissal must be approved by the Town Manager before the decision becomes effective. Informal Resolution. Prior to the submission of a formal grievance, the employee and supervisor should meet to discuss the problem and seek to resolve it informally. Either the employee or the supervisor may involve the respective Department Head as a resource to help resolve the grievance. In addition, the employee or supervisor may request mediation from local mediation services or other qualified parties to resolve the conflict. Mediation may be used at any step in the process when mutually agreed upon by the employee and relevant Town supervisor or Manager. Mediation is the process where a neutral party assists the parties in conflict with identifying mutually agreeable solutions or understandings. Step 1. If no resolution to the grievance is reached informally, the employee who wishes to pursue a grievance shall present the grievance to the appropriate supervisor in writing. The grievance must be presented within fifteen calendar days of the event or within fifteen calendar days of learning of the event or condition. The supervisor shall respond to the grievance within ten calendar days after receipt of the grievance. The supervisor

72 Government and Administration 2-35 should, and is encouraged to, consult with any employee of the Town in order to reach a correct, impartial, fair and equitable determination or decision concerning the grievance. Any employee consulted by the supervisor is required to cooperate to the fullest extent possible. The response from the supervisor for each step in the formal grievance process shall be in writing and signed by the supervisor. In addition, the employee shall sign a copy to acknowledge receipt thereof. The responder at each step shall send copies of the grievance and response to the Town Manager. Step 2. If the grievance is not resolved to the satisfaction of the employee by the supervisor, the employee may appeal, in writing, to the appropriate Department Head within ten calendar days after receipt of the response from Step 1. The Department Head shall respond to the appeal, stating the determination of decision within ten calendar days after receipt of the appeal. Step 3. If the grievance is not resolved to the satisfaction of the employee at the end of Step 2, the employee may appeal, in writing, to the Town Manager within ten calendar days after receipt of the response from Step 3. The Town Manager shall respond to the appeal, stating the determination of decision within ten calendar days after receipt of the appeal. The Town Manager's decision shall be the final decision. The Town Manager would notify the Town Board of Commissioners of any impending legal action. The Town Manager's decision shall be the final decision. The Town Manager would notify the Town Board of Commissioners of any impending legal action. Section Grievance and Adverse Action Appeal Procedure for Discrimination. When an employee, former employee, or applicant, believes that any employment action discriminates illegally (ie. is based on age, sex, race, color, national origin, religion, creed, political affiliation, or non-job related handicap), he or she has the right to appeal such action using the grievance procedure outlined in this Article (Section 4 above). While such persons are encouraged to use the grievance procedure, they shall also have the right to appeal directly to the Town Manager. Employment actions subject to appeal because of discrimination include promotion, training, classification, pay, disciplinary action, transfer, layoff, failure to hire, or termination of employment. An employee or applicant should appeal an alleged act of discrimination within thirty calendar days of the alleged discriminatory action, but may appeal for up to six months following the action. Department Heads. In the case of department heads or other employees where the Town Manager has been significantly involved in determining disciplinary action, including dismissal, the Town may wish to obtain a neutral outside party to either: 1) Provide mediation between the grieving department head and the Town Manager (see definition of mediation in "informal resolution" above); or 2) Consider an appeal and make recommendations back to the Town Manager concerning the appeal. Such parties might consist of human resource professionals, attorneys, mediators, or other parties appropriate to the situation.

73 Government and Administration 2-36 ARTICLE XI RECORDS AND REPORTS Section Public Information. In compliance with G.S. 160A-168, the following information with respect to each Town employee is a matter of public record: name; age; date of original employment or appointment to the service; current position title; current salary; date and amount of the most recent increase or decrease in salary; date of the most recent promotion, demotion, transfer, suspension, separation, or other change in position classification; and the office to which the employee is currently assigned. Any person may have access to this information for the purpose of inspection, examination, and copying, during regular business hours, subject only to such rules and regulations for the safekeeping of public records as the Town may adopt. Section Access to Confidential Records. All information contained in a Town employee's personnel file, other than the information mentioned above is confidential and shall be open to inspection only in the following instances: 1) The employee or his/her duly authorized agent may examine all portions of his/her personnel file except letters of reference solicited prior to employment, and information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient. 2) A licensed physician designated in writing by the employee may examine the employee's medical record. 3) A Town employee having supervisory authority over the employee may examine all material in the employee's personnel file. 4) By order of a court of competent jurisdiction, any person may examine all material in the employee's personnel file. 5) An official of an agency of the State or Federal Government, or any political subdivision of the State, may inspect any portion of a personnel file when such inspection is deemed by the Town Manager to be necessary and essential to the pursuit of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee's tax liability. However, the official having custody of the personnel records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation. 6) An employee may sign a written release to be placed in his/her personnel file that permits the record custodian to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. 7) The Town Manager, with the concurrence of the Town Board of Commissioners, may inform any person of the employment, non-employment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a Town employee, and the reasons for that action. Before releasing that information, the Town Manager shall determine in writing that the release is essential to maintaining the level and quality of Town services. The written determination shall be retained in the Town Manager's office, is a record for public inspection, and shall become a part of the employee's personnel file. The Town Board of Commissioners shall establish procedures for all personnel files containing information other than the public information mentioned above whereby an employee who objects to material may seek to have the material removed from the file or may place in the file a statement relating to the material. Section Personnel Actions. The Town Manager, will prescribe necessary forms and reports for all personnel actions and will retain records necessary for the proper administration of the personnel system. There shall be one set of official personnel files, centrally located as designated by the Town Manager. Any document not located there is not an official part of that employee's personnel record. Section Records of Former Employees. The provisions for access to records apply to former employees as they apply to present employees.

74 Government and Administration 2-37 Section Remedies of Employees CHAPTER 7 Objecting to Material in File. Boards and Commissions An employee who objects to material in his/her file may place a statement in the file relating to the ARTICLE A material considered to be inaccurate or misleading. The employee may seek removal of such material in accordance with established grievance procedures. Section Penalties for Permitting Access to Confidential Records. Section 160A-168 of the General Statues provides that any public official or employee who knowingly and willfully permits any person to have access to any confidential information contained in an employee personnel file, except as expressly authorized by the designated custodian, is guilty of a misdemeanor and upon conviction shall be fined in an amount consistent with the General Statutes. Section Examining and/or Copying Confidential Material without Authorization. Creation of Advisory Boards and Commissions Section Authority. Section Purpose. Section Enactment. Section Conflicting ordinances. Section Separability. Section Repealed. Section Planning Board. Section Coverage. Section Creation, name, number of members. Section Number of members. Section Powers and duties. Section Appointment of members. Section Composition. Section Length of term. Section Terms begin. Section Meetings. Section Attendance of members. Section Compensation. Section Officers. Section Officers' duties. Section Reappointment Section Bylaws. Sections through reserved. Section 160A-168 of the General Statutes of North Carolina provides that any person, not specifically authorized to have access to a personnel file designated as confidential, who shall knowingly and willfully examine in its official filing place, remove or copy any portion of a confidential personnel file shall be guilty of a misdemeanor and upon conviction shall be fined consistent with the General Statutes. Section Regulated. Destruction of Records No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with G.S , without the consent of the State Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept, or whoever, alters, defaces, mutilates or destroys it will be guilty of a misdemeanor and upon conviction will be fined in an amount provided in Chapter of the General Statutes. Section Section Section Section Section Section Section Section ARTICLE B Planning Board Creation. Composition; vacancies; terms of office. Organization; rules, meetings; records. Removal of members. Compensation. Expenditures; incurring indebtedness; donations. Powers and duties. Other powers and duties. ARTICLE A Creation of Advisory Boards and Commissions Section Authority. This article is adopted pursuant to authority granted in Part 2, Chapter 1, Section of the Code of Ordinances for the Town. (Ord. of 3/25/86) Section Purpose. The purpose of this article is to develop a standard set of guidelines for the establishment and conduct

75 Government and Administration 2-38 of such boards and commissions as so deemed necessary by the Mayor and/or Board of Commissioners of the Town. (Ord. of 3/25/86) Section Enactment. For the purposes cited above, the Board of Commissioners for the Town does hereby ordain, adopt and enact this article in its entirety, all of which shall be known as the Ordnance for Creation of Boards and Commissions. (Ord. of 3/25/86) Section Conflicting ordinances. All ordinances or parts of ordinance in conflict with this article or inconsistent with its provisions, specifically including previous ordinances of the Town or amendments thereto, are hereby repealed or superceded to the extent necessary to give this article full force and effect, excepting those ordinances concerning the Board of Commissioners, Board of Adjustment and Planning Board. (Ord. of 3/25/86) Section Separability. Should any provision of this article be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this ordinance as a whole or any part hereof except that specific provision which was the subject of the declaration. (Ord. of 3/25/86) Section Repealed. This article should repeal and replace Part 2, Chapter 7, Articles B and C of the Code of Ordinances for the Town. (ord. of 3/25/86) Section Planning Board. Part 2, Chapter 7, Article A of the Code of Ordinances for the Town, shall be renumbered Part 2, Chapter 7, Article B, and begin as to form with Section " Creation." (Ord. of 3/25/86) Section Coverage. This article shall cover the following boards and commissions, and future additions that may be deemed necessary by the Mayor and/or Board of Commissioners: Library Board Community Center Board of Trustees Recreation Advisory Commission Erwin Tree Board (Ord. of 3/25/86) Section Creation, name, number of members. Creation of a board or commission shall be done by ordinance approved by the Board of Commissioners. Included with this ordinance shall be the official name of the board or commission, number of members of which the board or commission will be composed, and purpose of the board or commission. (Ord. of 3/25/86) Section Number of members. All board or commissions covered under this chapter shall consist of an odd number of members. (Ord. of 3/25/86) Section Powers and duties. The board or commission shall serve as the advisory body for the Board of Commissioners and the Town. The commission shall suggest policies to the department, the manager and the governing body, within its powers and responsibilities as stated in its bylaws. The board or commission shall serve as a liaison between the department, the manager, the governing body of the unit and citizens of the community. The board or commission shall consult with and advise the department, the manager and the governing body in matters affecting policies, programs, personnel, finances, and the acquisition and disposal of lands and properties related to the total community program, and to the Town's long-range, projected programs. (Ord. of 3/25/86) Section Appointment of members. Each member of the board or commission shall be appointed by the governing body of the unit. (Ord. of 3/25/86) Section Composition. Members of the board or commission shall be residents of the Town, the extraterritorial jurisdiction of the Town, or shall have such special

76 Government and Administration 2-39 skills so as to uniquely qualify him/her for duty on the board or commission. (Ord. of 3/25/86) Section Length of term. Each member shall be appointed for a three (3) year term, arranged so that approximately one third (1/3) of the terms will expire each year. (Ord. of 3/25/86) Section Terms begin. The term of office for each appointed member shall last from the date of appointment until June 30 of the remaining term. New members normally take office as of the July meeting of the Board of Commissioners. (Ord. of 3/25/86) Section Meetings. Meetings shall beheld on a monthly basis unless determined otherwise by the board or commission. The chairman of the board or commission or, in his absence, the vice-chairman, may call a special meeting of the board or commission at any time by giving each member forty-eight (48) hours notice. Special meetings will be scheduled upon request by four (4) or more commission members. A quorum of the commission shall be in attendance before action of an official nature can be taken. A quorum is at least one (1) more than the number absent, of the appointed members. All boards or commissions shall meet quarterly at minimum. (Ord. of 3/25/86) Section Attendance of members. An appointed member who fails to attend more than one scheduled meeting and a minimum of 80% of all scheduled meetings in any given calendar year automatically loses his/her status as a member of the board or commission provided that these absences are unexcused. Absences due to sickness, death, or other emergencies of like nature shall be regarded as approved absences and shall not affect the member's status on the commission or board, except that in the event of a long illness or other cause for prolonged absence, the member may be replaced. (Ord. of 3/25/86) (Ord. of 1/6/94) Section Compensation. Members shall serve without monetary compensation. Members may be reimbursed for travel and subsistence to professional organization meetings, conferences and workshops, with such reimbursement being made in compliance with the general policies of the unit. (Ord. of 3/25/86) Section Officers. There shall be a chairman and vice-chairman of each board or commission. An annual election of the chairman and vice-chairman shall be held by the board or commission members and shall occur at a regular monthly meeting in July. Officers shall serve for one (1) year from election with eligibility for re-election. New officers shall take office at the subsequent regular meeting in August. In the event an officer's appointment to the board or commission is terminated, a replacement to this office shall be elected by the remaining members, from its membership, at the meeting following the termination. The Town manager or his assign shall serve as secretary of the board or commission or shall appoint a member of the Advisory Commission to do this work for him. (Ord. of 3/25/86) Section Officers' duties. (a) The chairman shall preside at all meetings and sign all documents relative to action taken by the board or commission. The chairman shall appoint all subcommittees including a nominating committee composed of two (2) board or commission members. A nominating commission shall be appointed at least thirty (30) days prior to the July meeting. (b) When the chairman is absent the vicechairman shall perform the duties of the chairman. When both the chairman and vice-chairman are absent a temporary chairman shall be selected by those members who are present. (Ord. of 3/25/86) Section Reappointment. A member of a board or commission may be reappointed by the governing board to one subsequent term. However, after serving a second term, the member may not be re-appointed to the board until a period of one year elapses, after which the member may again serve up to two

77 Government and Administration 2-40 terms. This process may continue until such time as the member resigns from the board or commission or is not re-appointed by the governing board. (Ord. of 3/25/86) Operational policies and procedures may be incorporated into a set of bylaws as developed and approved by the board or commission in line with this ordinance and the policies of the unit. (Ord. of 3/25/86) Sections through reserved. ARTICLE B Planning Board Section Creation Section Bylaws. A Town Planning Board for the Town of Erwin is hereby created under the authority of the General Statutes of North Carolina; Chapter 160A, Article 19. Section Compensation; vacancies; terms of office. The Planning Board shall consist of eight (8) members who shall be citizens and residents of the Town and shall be appointed by the Board of Commissioners for staggered terms, with a full term to be three (3) years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. Section Organization; rules; meetings; records. Within thirty (30) days after appointment, the Planning Board shall meet and elect a chairman and create and fill such offices as it may determine. The term of the chairman and other officers shall be one (1) year, with eligibility for reelection. The Planning Board shall adopt rules for. transaction of business and shall keep a record of its members' attendance, and of its resolutions, discussions, findings, and recommendations, which record shall be a public record. The Planning Board shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public. The outside representatives/extraterritorial Jurisdiction Members of the Planning Board shall share equal rights, privileges, and duties with the other members of the Planning Board regardless of whether the matters at issue arise within the corporate limits of the Town or within the Town s extraterritorial jurisdiction. (Amended June 7, 2012) Section Removal of members. Members of the Planning Board may, after a public hearing, be removed by the Board of Commissioners for inefficiency, neglect of duty or malfeasance in office. Section Compensation. All members of the Planning Board shall serve without compensation.

78 Government and Administration 2-41 Section Expenditures; incurring plan, a plan for economic development, a indebtedness; donations. recreation plan, a community facilities plan, and school plan. The expenditures of the Planning Board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the Board of Commissioners and no indebtedness for which the Town shall be liable shall be contracted or incurred by the Planning Board unless an appropriation is made by the Commissioner for such purpose, as authorized by law, and then only to the extent of such appropriation. The Board shall have the right to accept gifts and donations for the exercise of its functions and may expend the money received from such gifts and donations in a manner, which in the judgment of the Board, is consistent with the best interest of the planning program. Section Powers and duties. (a) The Planning Board shall make careful studies of present conditions and the probable future development of the Town and its environs. Such studies may include but not be limited to: land-use surveys; population studies; economic base studies; school, park, and recreation studies; traffic and parking studies; and urban renewal studies. (b) Plans. The Board shall prepare and from time to time amend and revise a comprehensive plan of the Town and its environs for the purpose of achieving a coordinated, adjusted and harmonious development of the municipality which would promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of its citizens; efficiency and economy in the process of development, convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and convenient distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditures of public funds; adequate provision for public utilities; and for other matters pertaining to the public requirements. The Board shall prepare and recommend to the Commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan. The comprehensive plan shall consist of a number of parts which may include but not be limited to the following: a land use plan, a major thoroughfare plan, a utilities (c) Powers of Review. The Board shall review and make recommendations to the Commissioners upon the extent, location and design of all public structures and facilities, on the acquisition and disposal of public properties, on. the opening, abandonment, widening, extension, narrowing or other change to streets and other public ways, on the construction, extension, expansion or abandonment of utilities whether publicly or privately owned. However, in the absence of a recommendation from the Planning Board after the expiration of 30 days from the date on which the question has been submitted in writing to the Planning Board, the Board of Commissioners may, if it deems wise, take final action. (d) Annual Report. The Board shall, not later than May 15th of each year, submit in writing to the Board of Commissioners a written report of its activities, an analysis of the expenditures to date for the current year, proposed planning program for the next fiscal year, for review and approval, and a proposed budget for the next fiscal year. (e) Miscellaneous Powers and Duties. The Planning Board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting any such plan it shall hold one (1) public hearing therein. Members or employees of the Board, when duly authorized by the Planning Board may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation, and the Planning Board may, by formal and -affirmative vote, pay, within the Board's budget, the reasonable traveling expense incident to such attendance. Section Other powers and duties. The Planning Board created by this article shall have, in addition to those herein provided, the powers and duties conferred upon planning agencies by Section 361 of Chapter 160A of the General Statutes of North Carolina, and said duties shall be performed and said powers shall be exercised in conformity with the provisions of

79 Government and Administration 2-41 Chapter 160A, Article 19, of the General Statutes of North Carolina.

80 Public Safety 3-1 PART 3 Section General department. Chapter 1 Chapter 2 Chapter 3 Public Safety Law Enforcement Fire Prevention and Protection Emergency and Rescue CHAPTER 1 Law Enforcement ARTICLE A Police Department Section Executive control of department. Section General supervision of department. Section Chief of police to have charge of department. Section Basic requirements for policemen. Section duties of police officers. Section Appearance of uniforms; grooming. Section Compensation of officers. Section Right of entry. Section Special policemen. Section Summoning aid; duty of citizens. Section Interfering with policemen. Section Abusing officers. Section Intergovernmental agreements for public assistance. Sections through reserved. ARTICLE B Auxiliary Police Section Auxiliary police division established. Section Chief of police to control; appointments and removals. Section Duties. Section Identification. Section Carrying and custody of firearms. Section Law enforcement powers. ARTICLE A Police Department Section Executive control of department. The Town manager shall be the executive head of the police department and, together with the chief of police and such other employees as the Council may deem necessary, shall constitute the police department. The manager shall have general control of the police department and may at any time, for cause, suspend from duty any member of the police force. Section Chief of police to have charge of department. The chief of police, subject to the direction of the manager, shall have charge of the police force. He shall assign such duties to the policemen as he thinks best for the good order of the Town and he shall be responsible to the manager in seeing to it that the policemen faithfully perform their duties. Section Basic requirements for policemen. Applicants for employment as police officers shall meet the minimum standards established by the North Carolina Criminal Justice Training and Standards Council. State Law Reference: Standards to be set by Training and Standards Council G.C. 17A-6, 17A-7. Section Duties of police officers. The police department shall carry out all orders of the Board, enforce the laws and ordinances of the Town and the State of North Carolina, and shall at all times preserve the peace, protect the property and the safety of the citizens of Erwin. (Code 1967, Ch. B, Sec. 4) Section Appearance of uniforms; grooming. The chief of police and other police officers shall, when on duty, wear such uniforms as shall be prescribed by the Council and shall keep the same in a neat condition. Upon discharge, or resignation, or dismissal, such uniforms shall be surrendered if the same shall have been purchased by the City for their use. It shall be the duty of the chief of police to see to it that the force presents a neat and respectable appearance. Section Compensation of officers. The police officers shall receive as compensation such sums as shall be fixed by the Board.

81 Public Safety Section Right of entry. The police shall have power to enter the enclosure and house of any person, without warrant, when they have good reason to believe that a felony, or other infamous crime has been, or is about to be, committed, and to apprehend such person so offending, and, if necessary, to summon' a posse to aid them. All persons summoned shall have like authority to enter and arrest. Section Special policemen. The manager shall have power to employ, when he deems it necessary, as many special policemen as are necessary to preserve peace. Cross Reference: Auxiliary police force established, section et seq. 3-2 (b) It is recognized that in certain situations the use of police officers to perform police duties outside of the territorial limits of the municipality where such officers are legally employed may be desirable and necessary in order to preserve and protect the health, safety and welfare of the public. (c) The Town does hereby, in this ordinance, authorize and direct its police chief or the officer commanding in his absence to render and request mutual police aid to and from other municipalities to the extent of available personnel and equipment not required for adequate protection of the municipality rendering aid. The judgment of the police chief, or officer commanding in his absence, of each municipality rendering aid, as to the amount of personnel and equipment available, shall be final. (Ord. of 10/1/87) Sections through reserved. Section Summoning aid; duty of citizens. The chief of police, or any policemen of the Town shall have authority, if resisted in the execution of their lawful duties, to summons a sufficient number of men to aid them in enforcing the law; and it shall be unlawful for any person, so summoned, to refuse to assist the chief of police or other officers. Section Interfering with policemen. It shall be unlawful for any person to interfere with, hamper, molest, resist, or hinder a police officer in the lawful discharge of his duty. Section Abusing officers. No person shall curse, or apply any vile or obscene epithet to, any officer of the Town or members of the police force, while such officers are discharging their duties. State Law Reference: Powers and duties of policemen, G.S. 160A-285. Section Intergovernmental for police assistance. agreement (a) The authority to enter an Agreement for intergovernmental police assistance is pursuant to G.S. 160A-288.

82 Public Safety 3-3 ARTICLE B Auxiliary Police Section Auxiliary established. police division There is hereby established an auxiliary police department to be known as the auxiliary police division of the Town police department. The auxiliary police division shall be a volunteer organization, composed of as many members as may from time to time be determined by the Board. Section Chief of police to control; appointments and removals. The auxiliary police division shall be under the direct control of the chief of police, acting under the general supervision of the Board. All appointments and removals of members of the auxiliary police division shall be made in the same manner and under the same policies and procedures as may from time to time be established for appointment and removal of regular police officers. The auxiliary police division shall have no commanding officer, nor any officers, and all members shall bear the rank of patrolman. Each member of the auxiliary police division shall take the oath of office of a regular policeman. The chief of police shall provide for adequate training of members of the auxiliary police division and of candidates for membership. Section Duties. The chief may prescribe other duties than those mentioned herein to be performed by the auxiliary police division, with approval of the Board. Section Identification. An identification card and such other insignia or evidence of identity as the chief may prescribe shall be issued to each member of the auxiliary police division, who must carry the card and other identification at all times while on duty, and who must surrender them upon the termination of his membership. Section Carrying and custody of firearms. No member of the auxiliary police division shall, while on duty, carry or use any firearm except upon the express order of the chief of police, and all official firearms shall be kept in custody of the police department except when issued to a member of the auxiliary division for sue on active duty while accompanied by and under the supervision of one (1) or more regular police officers. Section Law enforcement powers. No member or members of the auxiliary police division shall enforce, nor attempt to enforce, any law except when called to active duty, and except when immediately accompanied by one (1) or more regular police officers. State Law Reference: Powers, privileges and immunities of auxiliary policemen. G.S. 160A-282. The duties of the auxiliary police division subject at all times to the direction, supervision and control of the chief of police, shall be to assist the regular members of the police department in the enforcement of law and the maintenance of peace and order when called to active duty by the chief of police. The chief shall by order establish rules and regulations to govern the auxiliary police division, to fix the specific duties of its members, and to provide for the maintenance of discipline. Members of the auxiliary police division shall obey the instructions of regular police officers in carrying out their duties.

83 Public Safety 3-4 CHAPTER 2 Fire Prevention and Protection ARTICLE A Fire Department Section Organization, powers. Section Following fire equipment. Section Interfering with firemen or fire apparatus. Section Only firemen and policemen may ride on trucks without permission. Section Interfering with fire alarm apparatus. Section Giving false alarm of fire forbidden. Sections through reserved. ARTICLE B Fire Prevention and Hazards Section Open Burning Section through reserved. ARTICLE C Fire Limits Section Fire limits established. Section Regulations within corporate limits. ARTICLE A Fire Department Section Organization, powers. The Town fire department shall be the Erwin Fire Department and Rescue Squad, Inc. The district fire department shall leave all of the jurisdiction, authority, rights and privileges which would accrue to it as a department of the Town. Editorial Note: Fire department protection is accorded the Town by a contract with the district fire department. Section Interfering with firemen or fire apparatus. No person shall interfere with a fireman in the discharge of his duty, or hinder him in the performance of a said duty; nor shall any person other than members of the fire department loiter about any fire station, or change, handle, or meddle in any manner with any fire engine or any other fire apparatus. (Code 1967, Ch. C, Art. 1, Sec: 5) Section Only firemen and policemen may ride on trucks without permission. No person other than a bona fide member of the fire department shall mount any fire engine, wagon or apparatus before it leaves the station or while on its way to or from a fire, or at any other time, unless by permission of the driver or officer in command of such engine, wagon or other apparatus. (Code 1967, Ch. C, Art. I, Sec. 6) Section Interfering with fire alarm apparatus. No person shall interfere carelessly or willfully with the fire alarm system or injure the poles, wires, boxes, or other apparatus connected therewith. Section Giving false alarm of fire forbidden. No person shall give or cause to be given any false alarm of fire by means of the fire alarm system or otherwise. Section through reserved. Section Following fire equipment. It shall be unlawful to follow any fire apparatus which is responding to a call, by automobile or any other vehicle, unless such is used for transporting firemen to the scene of fire, at a distance closer than one (1) city block, or to pass such apparatus or to park within the same block in which fire is in progress. (Code 1967, Ch. C, Art. I, Sec. 4)

84 Public Safety 3-5 ARTICLE B Fire Prevention and Hazards Section Open Burning No person shall cause, suffer, allow or permit open burning of refuse or other combustible materials, including for illustrative purposes only, to include but not limited to; garbage, leaves, tree branches, yard trimmings, construction materials or scrap materials within the corporate limits of the Town of Erwin. The prohibition in this section does not include outdoor cooking on commercially obtained or other such apparatus designed for cooking food such as barbeque grills, open cooking pits and does not include commercially obtained outdoor lighting devises such as tiki torches. The prohibition contained in this section does not include open burning allowed by open burning permits issued by the Fire Chief for bonfires and open burning permits issued by the Fire Chief, with the coordination and consent of the U.S. Forestry Service, for open burning in conjunction with land development. Any such permit is subject to revocation when the permit holder fails to comply with the conditions stated in the permit, the reasons for the permit have changed or the conditions, including weather, have changed. ARTICLE C Fire Limits Section Fire limits established. The fire limits of the Town of Erwin shall be and are hereby established as follows: Beginning at the intersection West "F" and 14th Street; running thence with 14th Street to the intersection with "G" Street; thence with "G" Street to its intersection with 13th Street; thence northerly along 13th Street for a distance of approximately eight hundred (800) feet to the northern boundary of lot number 315 as shown on a map entitled Section No. I of a subdivision for Erwin Mills, Inc.; thence in an easterly direction along the northern boundary of lots 315, 305, and 299 for a distance of approximately seven hundred and five (705) feet; thence southerly along the eastern boundary of lots, 299, 300, 41, and 42 for a distance of approximately six hundred and forty-two (642) feet; thence southerly along the eastern boundary of lots 74, 73, and 71 for a distance of approximately three hundred and eighty-three (383) feet to the center of East "F" Street; thence in a westerly direction to the point of beginning at the intersection of West "F" and 14th Streets. (Ord. of 3/72) Section Regulations within corporate limits. No construction or alterations of any kind or description shall be made in either of the above set out corporate limits without a building permit, and full compliance with ordinances governing construction in the Town. (Code 1967, Ch. C, Art. III, Sec. 2) Section through reserved.

85 Public Safety 3-6 CHAPTER 3 Emergency and Rescue ARTICLE A Emergencies Section State of emergency; curfew authorized. Section Form and content of proclamations. Section Penalty for violation. Sections through reserved. ARTICLE B Civil Defense Department Sections through reserved. ARTICLE C Emergency Medical Service (Reserved) ARTICLE A Emergencies Section State of emergency; curfew authorized. (a) A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catastrophe, or similar public emergency, for any reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives or property. (b) In the event of an existing or threatened state of emergency endangering the lives, safety, health and welfare of the people within the Town, or threatening damage to or destruction of property, the Mayor is hereby authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order to more effectively protect the lives and property of people within the Town, to place in effect any or all of the restrictions hereinafter authorized. (c) The Mayor is hereby authorized and empowered to limit by the proclamation the application of all or any part of such restrictions to any area specifically designated or described within the corporate limits of the Town and to specific hours of the day or night; and to exempt from all or any part of such restrictions law enforcement officers, firemen and other public employees, doctors, nurses, employees of hospitals and other medical facilities; on-duty military personnel whether State or Federal; on duty employees of public utilities, public transportation companies, and newspaper, magazine, radio broadcasting, and television broadcasting corporations operated for profit; and such other classes of persons as may be essential to the preservation of public order and immediately necessary to serve the safety, health, and welfare needs of the people within the Town. (d) The Mayor shall proclaim the end of such state of emergency or all or any part of the restrictions imposed as soon as circumstances warrant or when directed to do so by the Board. (e) During the existence of a proclaimed state of emergency, the Mayor may impose by proclamation any or all of the following restrictions: (1) Prohibit or regulate the possession off one's own premises of explosives, firearms, ammunition, or dangerous weapons of any kind, and prohibit the purchase, sale, transfer or other disposition thereof; (2) Prohibit or regulate the buying or selling of beer, wine, or intoxicating beverages of any kind, and their possession or consumption off one's own premises; (3) Prohibit or regulate any demonstration, parade, march, vigil, or participation therein from taking place on any of the public ways or upon any public property; (4) Prohibit or regulate the sale of gasoline, kerosene, naphtha, or any other explosive or inflammable fluids or substances; (5) Prohibit or regulate travel upon any public street, alley, or roadway or upon any other public property, except by those in search of medical assistance, food, or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof; (6) Prohibit or regulate the participation in or carrying on of any business activity, and prohibit or regulate the keeping open of places of business, places of entertainment, and any other places of public assembly. (f) Any proclamation may be extended, altered, or repealed in any particular during the continued or threatened existence of a state of emergency by the issuance of a subsequent proclamation.

86 Public Safety 3-7 (g) During the existence of a proclaimed state of emergency, it shall be unlawful for any person to violate any provision of any restriction imposed by any proclamation authorized by this article. (Code 1967, Ch. L, Art. 1, Sec. 1) Section Form and content of proclamations. The proclamation for the declaration of a state of emergency and the imposition of specific prohibitions and restrictions shall take substantially the following form. "WHEREAS, The governing body of the Town of Erwin, has duly adopted an ordinance authorizing the Mayor to determine and proclaim the existence of a state of emergency and to impose various restrictions after he determines that such restrictions are necessary as a response to an emergency. "NOW THEREFORE, I,, Mayor of the Town of Erwin proclaim that: I. "An emergency exists, and restrictions set forth in this proclamation are necessary in order to maintain an acceptable level of public order, services, and protection of lives, safety, and property during this emergency. II. Editorial Note: The proclamation should specify any one or more of the following restrictions which are presented herein as options. "I proclaim the following restrictions: A. No person shall be a part of any assembly of three (3) or more persons in the area bounded by the Corporate limits of the Town of Erwin. B. Possession, consumption, and transfer of intoxicating liquor. 1. No person shall possess or consume any intoxicating liquor, including beer and wine, other than on his premises. 2. No person shall sell or otherwise transfer any intoxicating liquor, including beer and wine. C. Curfew. 1. No person not exempted by this proclamation shall appear in public in the geographic area described in this proclamation between the hours of P.M. and midnight or between the hours of midnight and A.M. of any day until I remove this curfew by proclamation. 2. This curfew shall apply to the area bounded by. 3. I find it necessary to the preservation of the public health, safety, and welfare to exempt from these curfew restrictions the following classes of people in the circumstances indicated: (a) (Those whose appearance is essential in order to obtain or furnish a service or commodity which is immediately necessary to sustain the health or well-being of themselves or of someone within curfew area.) (b) (Those whose appearance necessarily occurs in the process of leaving a place at which they were temporarily engaged and from which they could not reasonably have planned their departure so as to avoid appearing during the period during which the curfew was applicable.) (c) (Other) D. Possession and transfer of dangerous weapons or substances. 1. No person shall possess any dangerous weapons or substances unless they remain in a place of storage on his premises, or, if they cannot be readily stored on his premises, unless they remain in a customary place of storage not readily available to the possessor. No person may transport or sell or otherwise transfer any dangerous weapons or substances. 2. I find it necessary to the prevention of the public health, safety, and welfare to exempt from these restrictions the following classes of people in the circumstances indicated: Police officers may possess any weapon necessary to carry out their duties when on active duty. Anyone may possess gasoline when the gasoline is in the tank of a car in his possession. may transfer when. E. Access for restricted areas. 1. I direct the chief of police and his subordinates to restrict or deny access to any area, location, or street where such a restriction is necessary in order to help overcome this emergency or to prevent the emergency from worsening. These restrictions on access shall be indicated by means of barricades, posted notices, or orders to anyone in the area. 2. No person shall obtain access or attempt to obtain access to any area, location, or street to which the chief of police and his subordinates

87 Public Safety 3-8 have restricted access according to the directions I have just given to them. III. "Anyone violating any restriction imposed by this proclamation or under its authority violates Town ordinance and is guilty of a misdemeanor. ARTICLE B Civil Defense Department Sections through reserved. IV. "This proclamation shall take effect immediately. Hour and Date Mayor SEAL OF THE TOWN" Section Penalty for violation. The violation of any provision of this article, or of any provision of any restriction imposed by any proclamation authorized by this article, shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding fifty dollars ($50) or imprisonment not exceeding thirty (30) days, as provided by G.S Sections through reserved.

88 Public Safety 3-8 ARTICLE C Emergency Medical Department (Reserved)

89 Chapter 1 Chapter 2 Chapter 3 Chapter 4 PART 4 Public Works Streets and Sidewalks Garbage and Refuse Collection and Disposal Municipally Owned Cemeteries Parks and Recreation CHAPTER 1 Streets and Sidewalks Public Works 4-1 years only when a petition is presented to the Board by the abutting property owners requesting such improvement. No petition for curb and gutter, street, and sidewalk improvements will be considered unless such petition is signed by no less than fifty-one (51%) percent of the property owners who represent at least fifty-one (51) percent of the lineal footage. (Ord. of 6/2/77, Sec. 21)(Ord. of 3/3/94) Section Requirements for petition; costs to be paid by property owners. ARTICLE A Acceptance and Improvement of Public Streets Section Police established. Section Requirements for petition; costs to be paid by property owners. Section Costs to be borne by Town. Section Assessment procedure. Section Penalties and interest for failure to pay assessment. Section Required length of street improvement. Section Standard and specifications of improvements. Sections through reserved. ARTICLE B Excavation and Repair Section Permit to dig in streets. Section Sidewalk construction. Section Street repair. Section Excavations; leaving unprotected. Section Streets not to be damaged. Section House moving. Section Damage to bridges and culverts. Section Damage to lights, signs. Section Removal of railroad tracks. Section reserved. ARTICLE C Street Naming (Reserved) ARTICLE A Acceptance and Improvement of Public Streets Section Police established. The Board will consider the construction of curb and gutter, street, and sidewalk improvements along any public street that has been a part of the municipal street system for a period of at least ten In order to receive consideration, a petition submitted to the Board shall specify that. the property owners requesting the improvement, will pay fifty (50) percent of the total costs of curb/gutter and sidewalks. The cost of the improvement as specified above will be paid by each benefited property owner on each side of the street. (Ord. of 6/3/77, See. 2, Ord. of 9/3/87) Section Costs to be borne by Town. The Town will bear the remaining total cost of any curb and gutter, street, and sidewalk project and the total cost of constructing such improvement at street intersections. (Ord. of 6/2/77, Sec. 3) Section Assessment procedure. When a curb and gutter, street or sidewalk improvement petition is approved and when funds are available, the Board may undertake such curb and gutter, street, and sidewalk improvement, and they shall assess the abutting property owners for their proportionate share of such improvements in accordance with the assessment procedure as specified in G.S. 160A through 160A-238, at an equal rate per front foot. (Ord. of 6/2/77, Sec. 4) Section Penalties and interest for failure to pay assessment. Property owners who fail or refuse to pay their assessment for curb and gutter, street or sidewalk improvements at the time the assessment becomes due shall pay their assessment in five (5) equal annual installments and shall be charged interest thereon at the rate of six percent (6%) per annum as required by G.S. 160A 232, 233. (Ord. of 6/2/77, Sec. 5)

90 Public Works 4-2 Section Required length improvement. No petition for curb and gutter, street, and sidewalk improvements will be considered by the Board unless the improvement extends for a distance of not less than one (1) normal residential block and includes both sides of a street. (Ord. of 6/2/77, Sec. 6) Section Standards and specifications of improvements. Construction of curb and gutters, street, and sidewalk improvements and the construction or reconstruction of culverts, ditches, other drainage structures and driveway entrances shall be constructed in accordance with the written standards and specifications that may now or hereafter be adopted by the Town, and all work shall be done under the supervision of the Town official appointed for this purpose by the Board. (Ord. of 6/2/77, Sec. 7) Sections through reserved. ARTICLE B Excavation and Repair Section Permit to dig in streets. It shall be unlawful for any person, firm or corporation to dig any hole, ditch or excavation of any kind whatsoever, on any street in the Town without first securing a permit therefor in writing from the Town clerk. (Code 1967, Ch. D, Art. I, Sec. 1) Section Sidewalk construction. No sidewalk of any description shall be built by any individual, firm or corporation, of any brick, wood, or other material without a written permit from the Town. (Code 1967, Ch. D, Art. I, Sec. 2) Section Street repair. It shall be the duty of every person, firm or corporation, who shall open or dig a ditch, trench or hole in any street, public alley or sidewalk of the Town, to put the said street, public alley or sidewalk in as good condition in all respects as it was before, and every person, firm or corporation violating or failing to observe the provisions of this section shall be guilty of a misdemeanor. (Code 1967, Ch. D, Art. I, Sec. 3) Section Excavations; unprotected. leaving It shall be unlawful for any person, firm or corporation making any excavation for any purpose whatsoever in any of the streets or sidewalks to fail to securely cover such excavations with plank or place ropes around the same three (3) feet from the ground or to fail to place a sufficient number of red lights around such excavation before dark and to keep such lights burning all night every night such excavation shall be open. (Code 1967, Ch. D, Art. I, Sec. 4) Section Streets not to be damaged. It shall be unlawful for any person, firm or corporation to drag, or run, or cause to be dragged or run any harrow or other implement, engine, machine or tool upon any asphalt, bithultic, warrenite, or other permanently paved street of the

91 Public Works 4-3 Town which shall be liable, in any way, to injure or cut the surface thereof. It shall also be unlawful to injure any dirt street in the same manner. (Code 1967, Ch. D, Art. I, Sec. 5) Section House moving. No person shall move any house or building upon or across the public streets or sidewalks without the written consent of the Board and the deposit of a good and sufficient bond in the sum of five hundred dollars ($500) to cover damage done to such street or sidewalk or to any property of any person. (Code 1967, Ch. D, Art. I, Sec. 6) Section Damage to bridges and culverts. No person shall injure or misplace any part of any bridge, culvert, ditch and drain or other property belonging to or used by the Town, or shall place any obstruction in any culvert, ditch or drain, to prevent the free flow of water on or over the streets of the Town. (Code 1967, Ch. D, Art. I, Sec. 7) Section Damage to lights, signs. No person shall injure, tamper with, remove or paint upon or deface any sign, sign post, street light, traffic signal or bulletin board or other municipal property upon the streets and sidewalks except employees of the Town in performance of their duties. (Code 1967, Ch. D, Art. 1, Sec. 8) Section Removal of railroad tracks. (a) (1) All persons, firms, or corporations operating street and other railroads in the Town, and all persons, firms, or corporations owning street or other railroads whose tracks cross or are laid in any public street of the Town, whether or not any railway operations are conducted over and along said tracks, shall keep in repair that part of the street between the rails of such tracks and that part of the street lying on each side of such rails for a width of 18 inches, using for the maintenance and repair of such tracks materials suitable for the maintenance thereof, and using for the maintenance and repair of any such street materials suitable for maintaining the traveled surface of the roadway in a manner conforming to the grade of the street in which said tracks are laid, all in a condition safe for use by the public. (2) The materials used for the maintenance and repair of the streets herein required shall be of an equal or better grade than the material used in surfacing the street or streets over which said tracks pass. The Town manager shall have the authority to prescribe and/or approve the materials to be used for the construction of any new placement or crossing of any such tracks, and it shall be unlawful for any street or other railway company to construct any new tracks at- grade within or crossing any public street of the Town, except upon approval by the Commissioners, and according to plans approved by the Town manager. (b) At any time any street or other railroad company abandons any portion of its track with the Town and removes the rail and other rail facilities and appurtenances from the right-of-way of said railroad company within the Town, it shall be the duty of said street or other railroad company to remove, within a reasonable time after said abandonments, all tracks and other appurtenances in connection with said railway from the streets of the Town in accordance with plans approved by the Town manager, and to restore the street to a condition consistent with the maintenance of said street without the burden of said tracks, and so that said street, without the burden of the tracks, is made safe for public travel. Any such removal with respect to any railway-street crossing shall include not only the rails, ties, and other appurtenances, but shall also include the restoration of all approaches to said crossing which are necessary to make said crossing with the grade of the street within the vicinity of such crossing. (c) In addition to the duties prescribed by division (b) above in the event any street or any other railroad company abandons any portion of its track within the Town and removes the rails and other rail facilities and other appurtenances from the right-of-way of any said railroad company within the Town, it shall be the duty of said street or other railroad company to remove and eliminate any unsafe or unsightly conditions remaining or created as a result of said abandonment and track removal. (d) (1) Prior to the removal of any rail or any other track materials subsequent to abandonment, the said street or other railroad company must file an application for approval of the proposed change with, and receive approval from, the Town manager. The application shall contain, at a

92 Public Works 4-4 minimum, for each grade crossing, engineering drawings showing the present plan of the street and crossing, proposed plan of the street following removal of the crossing, profile of the centerline of road as it exists, profile of the centerline of the road as it will exist after reconstruction of the crossing, the date on which the work is to commence, the estimated completion date, a summary of material quantities to be used in reconstruction of the grade crossing, and a statement of how and by whom the work will be performed. (2) A separate application shall be filed for each grade crossing to be removed following abandonment. The filing fee for each such application shall be five hundred dollars ($500). This fee shall also cover the inspection fee for ascertaining that the work was properly performed in accordance with representations contained in the application. (3) To ascertain that no unsafe or unsightly conditions remain after track removal, an inspection shall be made by the Town manager, for which there will be an inspection fee of seven hundred fifty dollars ($750). The Town manager shall immediately notify the abandoning railroad company of his findings following completion of his inspection, and shall submit therewith his bill for the inspection fee aforesaid, along with his report of any needed work. c) Drainage pipe must not exceed 2,500 pounds in weight per section. d) Drainage pipe meeting these criteria as set forth will be installed by the Town for a distance not to exceed twenty feet along driveway entrances and exits adjoining public streets. (Ord. of 4/6/95) Section Storm drainage tile installation policy. The Public Works Department shall install drainage tile up to 36 in diameter at driveway entrances and exits adjoining public streets of residences, businesses, industrial, and commercial establishments, provided that all of the following criteria can be met: a) The owner of the residence, business, industry, or commercial establishment shall be entirely responsible for the purchase of the pipe to be installed as well as stone, dirt, etc. necessary for cover and installation. b) The pipe must be in a first rate condition that is acceptable to the Public Works Director or his designee, i.e. free of cracks, sufficient strength, etc. Examples of acceptable drainage pipe types include reinforced concrete and double walled plastic.

93 Public Works 4-5 ARTICLE C CHAPTER 2 Street Naming Garbage and Refuse Collection and Disposal (Reserved) Section Dumping on Town property prohibited Section Definitions Section Approved containers, additional containers, spilled materials Section Containers for businesses Section Containers for construction, renovation or demolition activities Section Location of Containers Section No garbage, refuse, etc., to be deposited in streets, etc Section Interference with receptacles Section Inspection of receptacles Section Town employees not to discharge duty of tenants, storekeepers, etc Section Collectors to use reasonable care Section Dumping on lots prohibited Section Collection of Yard Waste Regulations Section Collection of Brown and White Bulky Waste Regulations Section Stable, kennel, pet and farm animal manure Section Solid waste the Town will not collect Section Refuse collection Section Charges and fees Section Penalties and remedies Section Dumping on Town property prohibited. (a) No person shall unload or dump any trash, garbage, refuse, waste or any other substance on any property owned by the Town, except as explicitly authorized in this Chapter. (Amended 11/04/2010) (b) This section shall not apply to regular employees of the Town working under orders and directions of the Town Manager and Town Commissioners and to persons having permits from the Town. (Ord. of 11/1/84) Section Definitions For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) Ashes. The refuse from fires -in houses, schools, stores, etc., and includes at times small quantities of glass, crockery, sweepings, dust, brick, metal and other inorganic materials. (2) Garbage. The organic waste matter, both animal and vegetable, from houses, kitchens, restaurants, hotels, hospitals, etc., comprised chiefly of waste food and does not include liquids that may be drained. (3) Refuse. Construction material, limbs, leaves, stumps, and other types of vegetation. (4) Waste. Includes tin cans, dirty rags, paper, glass, clothes, waste and other materials not otherwise designated herein. (Ord. of 11/l/84)

94 Public Works 4-6 Section Approved containers, additional containers, spilled materials. (Amended 11/04/2010) (1) It shall be unlawful for any person to throw, place or deposit any garbage or refuse of any kind on any public or private property unless in approved containers or as otherwise provided herein. The occupant of every building or premises where garbage and refuse does or may accumulate is required to have a container for such garbage and refuse to be deposited in. The only approved container are those provided by the Town or the Town s solid waste contractor or for business (retail, institutional, commercial and industrial) buildings a private waste hauler. No other container are acceptable. (2) Additional rollout containers may be issued to the owner or occupant of residential properties in accordance with the fee schedule as adopted by the Board of Commissioners. All rollout containers (non-recycling containers) issued by the Town are property of the Town. (3) Rollout containers (non-recycling containers) used in the residential garbage collection program are property of the town and the town provides general maintenance for them at no cost to the resident. A replacement fee will be charged for rollout containers that are damaged, defaced, or removed from the premises. (4) Spilled materials or overflow caused by the property owner or occupant shall be cleaned up immediately after such spillage or overflow occurs by such owner of occupant. (5) Spilled solid waste materials caused by the town collection crew of the town s authorized collection agent shall be cleaned up immediately after such spillage occurs by said crew. Section Containers for businesses (Amended 11/04/2010) Businesses shall use four (4), six (6), and/or eight (8) cubic yard rear loading containers of a type to be specified by the Public Works Director unless the daily amount of refuse, garbage, and waste is insufficient to warrant this type of container as determined by the Public Works Director. Otherwise receptacles outline in Section (1) shall be used.(amended 11/04/2010) Section Containers for construction, renovation or demolition activities. (Amended 11/04/2010). (1) Every person engaged in the construction, repair, remodeling, or demolition of any building or structure, or part thereof, shall be responsible for the removal and disposal of, in an authorized manner, from any street, alley, gutter, park, sidewalk, curbing, curb space, public way or premises all waste matter or refuse deposited thereon. (2) It shall be unlawful for any person undertaking any construction, repair, remodeling, or demolition of any building or structure, or part thereof, to fail to provide on-site receptacles for containerizing all debris and waste material produced by those working on site which is capable of being windblown or scattered from the site. Examples of appropriate receptacles shall include but not limited to dump trucks, trailers, bulk containers, and containers made of fencing material. All waste shall be containerized and secured so as to prevent being windblown by the end of each day, and the site shall be kept in a reasonably clean condition. Dirt, mud, construction materials or other debris deposited upon any public or private property as a result of the construction or demolition shall be immediately removed by the contractor. Construction sites shall be kept clean and orderly at all times. (3) Such refuse shall be cleaned up, removed and disposed of in a sanitary manner within seven (7) days of the final cessation of work on such building or structure, unless otherwise specifically authorized by the Public Works Director. Section Location of Containers (Amended 11/04/2010). Containers shall not be placed adjacent to the street or sidewalk except on the days when garbage is to be collected. A schedule of collection routes shall be kept on file at the office of the Town Manager and Public Works Director. When collection schedules are altered from time to time, notice of such change shall be given by publishing the new schedule in a newspaper of general circulation or by providing notice by way of information pamphlets placed at the front door or on the rollout cart for each of the affected properties. Garbage containers shall be removed from their positions adjacent to the street or sidewalk after the contents have been emptied on that same day. At all other times garbage container shall be located in the rear yard of the property for which the container serves.

95 Public Works 4-7 Section No garbage, refuse, etc., to be deposited in streets, etc. No person shall deposit in or sweep into any street, sidewalk or gutter any trash, rubbish, broken glass, tin cans, fruit peelings, refuse, ashes, waste, loose paper or leaves. No person shall throw upon the sidewalk, street or in any catchbasin any paper, rags, waste oils, old shoes, tin cans, bottles, fruit or vegetables, dead animals or any other refuse or garbage. Nor shall any householder or storekeeper sweep or cause to be swept from any house, yard, store or elsewhere any dirt or refuse of any kind upon the sidewalk or pubic streets. (Ord. of 11/l/84) Section Interference with receptacles. No person shall molest or interfere with the contents of any garbage receptacles set out for removal by the Town Public Works Department or Town s Solid Waste Contractor. (Ord. of 11/l/84) (Amended 1104/2010) Section Inspection of Receptacles. All garbage receptacles shall be inspected as to their sanitary condition and if and when found in an unsanitary condition the department of public works shall furnish the owner of such cans a notice to correct the condition as to the container and its unsanitary condition if such should prevail. If the owner does not correct this condition in a reasonable length of time, the director of pubic works shall take the necessary steps to have the owners comply with the State and Town sanitary requirements. (Ord. of 11/01/84) Section Town employees not to discharge duty of tenants, storekeepers, etc. No employee of the Town shall assist in any way in the performance of what has been set forth as the duty of the landlord, tenant or storekeeper with the reference to the enforcement of this article. (Ord. 0f 11/1/84) Section Collectors to use reasonable care. Section Dumping on lots prohibited. No garbage, refuse, or offensive or disease producing materials shall be dumped for any purpose on any lot or space within the Town limits, except as provided herein. (Ord. of 11/1/84) Section Collection of Yard Waste Regulations (Ord. of 11/04/2010) (1) Yard waste collection shall be provided only to residential units within the Erwin town limits. Yard waste collection (not including leaves)shall be limited to one uncompacted pile measuring no greater six (6) foot by six (6) foot by six (6) foot(two hundred sixteen 216 cubic feet) per residential unit per week on a day designated by the Public Works Director. Yard waste that exceeds this amount must contact Town Hall to request additional service at a rate established by the Board of Commissioners in the Erwin Fee Schedule. (2) There may be occasions when the amount of yard waste in a designated area exceeds the time allotted for pick up. When this occurs, the yard waste will be picked up at the earliest convenience or next scheduled pick up, whichever is sooner according to the availability of manpower and equipment. (3) Yard waste shall be separated from curbside trash containers, white goods, and brown goods waste and shall be placed together in accordance with subsection (d) of this section to constitute a single, separate collection in order for the town to carry out its collection program. (4) Yard waste shall be separated by type. Grass trimmings and leaves shall be placed in a single pile. Tree trimmings, limbs, dead plants and other tree debris shall be placed in a single pile separate from grass trimmings and leaves. (5) Limbs collected by collection forces shall be no larger than six (6) inches in diameter and no longer than six (6) feet in length. (6) Town collection forces will not collect tree trunks larger than six (6) inches in diameter. Town collection forces or its authorized agent will not collect tree stumps. Collectors shall exercise reasonable care in the handling of garbage receptacles and shall not willfully break, deface or injure the same. (Ord. of 11/1/84)

96 Public (7) Loose leaves pile may be placed, pending collection by the town, adjacent to and behind the curb or in front of ditch (not in street, gutter or roadside ditch) for collection by town collection forces. Loose piles of leaves will not be collected unless they are free of trash such as broken glass, rocks, twigs, cans, or other debris that might damage collection equipment. (8) All other yard waste may be placed, pending collection by the town, adjacent to and behind the curb or in front of ditch (not in street, gutter or roadside ditch) for collection by town collection forces. (9) Yard waste shall be placed upon only the property in which the yard waste is produced. (10) The Town may decline to collect any yard waste that is not prepared or placed for collection in accordance with these regulations or exceeds the maximum amount. (11) The Town shall not collect any tree or tree limbs when the service has been performed for a fee or results from land clearing work by a commercial yard service. Section Collection of Brown and White Bulky Waste Regulations. (Ord. of 11/04/2010) (1) Brown and white bulky waste collection shall be provided only to residential units within the Erwin town limits. Bulky waste collection shall be limited to a single pile of brown and a single pile of white waste each measuring no greater than six (6) foot by six (6) foot by six (6) foot (two hundred sixteen (216) cubic feet) per residential unit per week on a day designated by the Public Works Director. Bulk waste that exceeds this amount must contact Town Hall to request additional service at a rate established by the Board of Commissioners in the Erwin Fee Schedule. (2) The Town will collect and dispose of the following properly prepared items. (a) White Goods: stoves, refrigerators, freezers, water heaters, window unit air conditioners and similar items. (b) Brown Goods: couches, chairs, tables and similar items. (3) Items not collected by the Town include, but not limited to, furnaces, central air conditioning units, roofing materials, tires, hazardous materials, batteries, construction material, demolition material, and similar items. (4) Collection services for bulky waste shall not be provided for the following. Works 4-8 (a)appliance and equipment changes that are related to the operation of a business. Such business-related activities are the responsibility of the rental agent and/or owner of the property. (b)items from businesses operated from a residential unit. (c)items that are the consequence of a fire at a business or residential structure. The Public Works Director shall have the authority to provide special services collection when, as a result of fire, there is only a single bulky item or what would otherwise be a normal collection amount as opposed to clearing the premises of burned or scrap material items. (d)oxygen tanks and other medical equipment; propane tanks; large oil tanks used for household purposes; parts of campers, boats, camper shells, trailer; automotive parts, including but not limited to motors, doors, tires, fenders, car seats or batteries, etc. (e)clothing, packaging or cardboard boxes, or any household waste that is eligible for other solid waste services including household curbside or recycling services. (5) The Public Works Director shall have the authority to determine whether bulky items or scrap material are subject to town pickup and shall have the discretion to determine whether a request for service is consistent with the eligibility standards as herein described. Bulky waste collection service requirements are as follow: (a) No bulky item or scrap materials shall be collected if it is too large to be placed on the solid waste service collection vehicle. (b)any appliance accepted for collection must be empty of its contents. (c)large furniture items shall be dismantled prior to collection such that a reasonable person can expect two individuals to easily load them onto or off of the collection vehicle. The only exception to this policy is for pianos, which do not have to be dismantled for such collection. (d) Tires must be removed from all bicycles prior to collection. (e) All glass in windows, doors, mirrors and other items with large expanses of glass must have the glass taped with an X mark so that it will not shatter in the collection process. Any bulky item or scrap material collected shall be of such weight or size that a person would reasonably expect two individuals to easily pick each item up for disposal. (f) Bulky waste may be placed, pending collection by the town, adjacent to and behind the curb or in front of ditch (not in street, gutter or roadside ditch) for collection by

97 town collection forces. from Public Bulky waste shall be placed upon only the property in which the bulky waste is produced. (h)bulky waste shall be separated by item where each item is readily accessible and loadable. Bulky waste shall not be piled. (i) The Public Works Director shall have the authority to require items to be prepared for ease of collection and to ensure the safety of the employees performing the collection task. An item not prepared properly may be refuse for collection the director s discretion. (j)it shall be unlawful to place junk appliances at curbside for collection except as stated under this section. It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or container without its being strapped or locked so that it is impossible for a child to obtain access to it. Section Stable, kennel, pet and farm animal manure. Stable, kennel, pet and farm animal manure shall be removed by persons who maintain stables, kennels, homes or farms and not by Town employees. (Ord. of 11./01/84 Section Solid waste the Town will not collect. (Amended of 11/04/2010) The town will not collect the following types of solid wastes, and no person may place any of the following in any container or receptacle intended for collection by the town. (1.) Hazardous refuse and industrial waste. All such hazardous refuse and industrial waste shall be stored in suitable leak proof containers sufficient to ensure that no such refuse or waste leaks or spills onto any public or private property. It shall be the responsibility of the person in possession on the premises where hazardous refuse or industrial waste is generated to see that it is disposed of properly. (2.) Contagious diseases refuse. The removal of clothing, bedding or other refuse from homes or other places where highly infectious diseases have occurred shall be performed under the supervision and direction of the county health department. (3.) Building materials: Such materials shall be removed by the owner of the property or by the contractor. No new certificate of compliance or occupancy shall be issued until the owner or contractor has removed such material. (4)Human and animal tissues or waste Works 4-9 operation, autopsy or obstetrical procedures or any other material of similar nature. (5)Material of any kind or nature, including ashes, that contains any hot or live coals or fire. (6)Hypodermic instruments. No person may dispose of or discard any hypodermic syringes, needle or any instrument or device for making hypodermic injections in the waste stream of the town before first breaking, disassembling, destroying or otherwise rendering such instrument or device inoperable and in capable of refuse and without further safeguarding the disposal thereof by placing in either a milk jug, coffee can with a lid or such similar containers. Medical or other biohazard materials shall be removed and disposed of under the supervision and direction of the county health department. Section Refuse Collection (1) The Public Works Director shall supervise the collection, removal, disposition, processing and sale of all refuse, bulky items, yard waste, and recyclables. (2) The Public Works Director, with the approval of the Town Manager, may prepare and publish rules for the effective administration and enforcement of the provisions of this ordinance. It shall be unlawful for any person to fail, neglect or refuse to comply with such rules and regulations. (Ord. of 11/04/2010) (3) The Public Works Director or the contracted agent of the Town shall establish collection routes and schedules and may alter these routes and schedules from time to time with the approval of the Town Manager (Ord. of 11/04/2010) (4) The Town Manager and Public Works Director shall have all authority to vary the level of refuse collection service for experimental purposes and on a temporary basis at the direction of the Board of Commissioners. Service elements that may be altered include, but are not limited to, frequency of collection, container type, and allowable volume per customer per pickup. (Ord. of 11/04/2010) Section charges and Fees. (Ord. of 11/04/2010) (1.) For the service of collecting and disposing of refuse, garbage, and waste including yard waste, white goods, and brown goods,; the owner or occupant of all premises from which the same is collected by the town or town s contractor shall be charged such rates as may be established,

98 from time to time, by the Board of Commissioners on recommendation of the Town Manager. Such Public charges shall be considered a debt owing to the Town form the owner or occupant of the premises and other persons using the disposal area. (2.) No owner or occupants of premises within the town limits receiving water, sewer or both services shall be exempt from the collection and disposal service and such fees associated with the same provided by the town or town s contractor except as provided in subsection of this section. (3.) All premises within the town limits receiving water, sewer or both services are considered active residents:. Those premises within the town limits receiving neither water nor sewer services may be considered inactive residents:. Inactive residents may make application to the town to have portions of the solid waste service charges and fees removed from the monthly solid waste bill for such premises considered to be inactive. Only those charges associated with curbside household waste services and curbside recycling services may be removed from the solid waste bill for such premises. Charges associated with the collection of yard waste, white good, and brown goods shall not be eligible for removal from the solid waste bill for such premises. It shall be the responsibility of the owners of inactive residents to make application for this consideration. The Public Works Director shall be authorized to make determination on all applications for inactive residents statue. Once inactive status is approved, the associated charges and fees for such service shall be removed from the associated solid waste bill and all containers at such premises shall be removed from such premises. (4.) In the event the volume of waste is greater than the maximum prescribed volume as herein defines, the resident may elect to request the Town for additional waste removal services in accordance with the following: (a) An additional charge will apply for Town pickup of large quantities of yard waste and bulky waste items. This charge only applies to loads exceeding the maximum limits as set forth in Section (a) and Section (a). No additional fee will be charged for lesser amounts of yard waste or other bulky waste items. (b) There are three levels of charges based on the size of the waste load. (i)level 1: Above maximum allowed amount up to a single pile measuring no greater than eight (8) foot by eighth (8) foot by eight(8) foot (five hundred twelve (512) cubic feet) or multiple piles with an aggregate total of the same. Works 4-10 (ii)level II: Above measurements of Level I up to a single pile measuring ten (10) foot by ten (10) foot by ten (10) foot (one thousand (1,000) cubic feet) or multiple piles with an aggregate total of the same. (iii) Level III: Above measurements of Level II up to a single pile measuring twelve (12) foot by twelve (12) foot by twelve (12) foot (one thousand seven hundred twenty-eight (1,728) cubic feet) or multiple piles with an aggregate total of the same. (a) Any resident who has large quantities of yard waste or large quantities of bulky waste items should call the Town Hall after placing the trash at the edge of the front yard. The Public Works Department will give the resident as estimate of the amount that will be charged for a pickup, and the resident will then prepay for the collection at Town Hall. After payment is made, the Town will make its best efforts to collect the trash within 48 hours. (b) If a large quantity of yard waste or bulky waste items are placed on a curb and the resident does not contact the Town Hall or prepay for the trash pickup, a Public Works employee will place a notification on the resident s front door, alerting the resident of the Town s trash pickup policy and prepayment requirement. If the resident still does not call Town Hall or make payment within five business days, the Town shall seek equitable penalties and remedies as defined herein.. Section Penalties and Remedies. (Ord of 11/04/2010) (1) A violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable as provided in G.S. Section 14-4 in addition to any other penalties and remedies as found in this section. (2) A violation of any of the provisions of this Chapter shall also subject the offender to a civil penalty of fifty dollars ($50.00). If a person fails to pay this civil penalty within ten (10) 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. (3) A second offense at the same location shall warrant a civil penalty of seventy-five dollars ($75.00). (4) A third offense at the same location shall warrant a civil penalty of one hundred dollars ($100.00). (5) The town may seek to enforce this ordinance through the appropriate equitable action. The Public Works Director or

99 designee shall have authority to issue notices of violation and/or Works Public Civil citations to any person if there is reasonable cause to believe that the person has violated any of the provisions of this ordinance. (6)Any notice of violation or citation shall be delivered personally to the violator, posted on the door of the building or residence of the location of such violation, or shall be sent by registered or certified mail to the last known address of the violator. (7)Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. (8) The town may seek to enforce this ordinance by using any one or combination of the forgoing remedies. (9) All refuse not prepared in accordance with the provisions of this ordinance, which is located within the public right-of-way, causing a potential public health or public safety hazard will be picked up by the Town after seventy-two (72) hours notice and a charge prescribed by the adopted fee schedule will be made to the property owner. Notice will be given either personally to the occupant or by placing a written notice on the door of the building or residence.

100 Parks and Recreation 4-12 CHAPTER 3 Municipally Owned Cemeteries (Reserved) CHAPTER 4 Parks and Recreation ARTICLE A City Park Section Motor vehicles excluded from park; exception. Section Other mean of conveyance excluded from park. Section Disturbances within the park. Section Hazardous Recreational Activities. Sections through reserved. ARTICLE B Department of Recreation (Reserved) ARTICLE A City Park Section Motor vehicles excluded from park, exception. No vehicles of any type except fire trucks, rescue squads, police and service vehicles shall be allowed in the park at any time. Personal vehicles of firemen, rescue squad members, policemen and police reserves are to be parked in the regular parking area. Violation of this section will be termed a misdemeanor. (Ord. of 8/1/74, Sec. 1) Section Other means excluded from park. of conveyance No minibikes, motorcycles, golf carts, horses or any other two or three wheel gasoline or battery powered vehicle shall be allowed in the park. (Ord. of 8/l/74, Sec. 4) Section Disturbances within the park. Any person creating a disturbance within the boundaries of the city park, including but not limited to fighting, profanity, or drunkenness, shall be denied park privileges for a term of not less than one (1) month nor more than one (1) year depending upon the severity of the charge, length of denial to be determined by the recreation commission. (Ord. of 8/1/74, See. 2)

101 Parks and Recreation 4-13 Section Hazardous Recreational Activities (a) Purpose. The purpose of this Section is to promote the health, safety and welfare of those persons desiring to engage in hazardous recreational activities within designated areas of the Town of Erwin. This Section is intended to comply with and supplement the Hazardous Recreation Parks Safety and Liability Act, Chapter 99E, Article 3 of the North Carolina General Statutes, and shall be interpreted in accordance therewith (b) Authority and enactment. This Section is adopted under the authority and provision of the General Statutes of the State of North Carolina, Chapter 160A, Article 6, Section 160A-174. (c) Jurisdiction This Section shall apply to the Al Woodall Municipal Park located at 810 South 16 th Street and any other Designated Areas as defined by the Town Council. (d) Definition of terms. (1.) Protective Equipment shall mean properly fitted helmets with a fastened chin strap, elbow pads and kneepads. (2.) Helmet shall mean protective headgear that meets or exceeds standards established by the American National Safety Institute. (3.) Hazardous Recreational Activities shall mean skateboarding, inline skating or freestyle bicycling. (4.) Designated Areas shall mean those areas within the Town of Erwin specifically set aside for those engaging in Hazardous Recreational Activities, including the Al Woodall Municipal Park. A list of Designated Areas shall be maintained by the Town Clerk, and each Designated Area shall include a sign clearly identifying such areas for Hazardous Recreational Activities use. (5.) Participant shall mean a person, regardless of age, who engages in a Hazardous Recreational Activity within any Designated Area.

102 Parks and Recreation 4-14 (e) Rules and Regulations. The Town Manager, or his designee, shall establish rules and regulations governing the use of all Designated Areas. The rules and regulations shall be posted prominently near the entrances to all Designated Areas. Any person may request, at no charge, a written copy of the current rules and regulations. (f) Duties of participants. All Participants shall wear Protective Equipment while engaging in any Hazardous Recreational Activity within a Designated Area. All Participants shall comply with all rules and regulations applicable to Designated Areas. Specifically, and without limitation, any person riding a skateboard, inline skates, bicycle or similar devices within the Designated Area shall wear elbow pads, knee pads and a helmet that is properly fitted with chin strap fastened. (g) Violations. Any person violating this Article shall be subject to penalties established in Chapter 1 of the Town Code. (Amended May 6, 2010)

103 Municipal Utilities 5-1 Chapter 1. Chapter 2. Chapter 3. Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section PART 5 Municipal Utilities Water Supply and Distribution Sewage Collection and Disposal General Utility Regulations CHAPTER 1 Water Supply and Distribution Board to regulate water system. Permit for connection required. Separate connections require. Water required. Use of Town water. Utility rates; cutting off water. Repealed. Private water supply regulated. Water superintendent. Work on water system. Owners of more than one house. Nonpayment of bills. Resale of water. Access to property. Fire hydrants. Adjustment of bills for meter error. Meter accuracy and test rates. Section Board to regulate water system. The water system of the Town shall be under the control of, and the duty of prescribing and enforcing a full compliance with all rules and regulations governing all connections with the water system shall be vested in, the Board or its authorized agent. Section Permit for connection required. No person, firm, or corporation shall connect with the water system of the Town until they shall have made application for permission to so connect in writing to the clerk, and this application shall be made before any part of the drainage system of the house or other connection shall have been laid or constructed. Such application shall be accompanied with a plan or drawing showing the location of the building and the entire proposed connection from the public sewerage line through the building to its terminus, showing the location of all the fixtures, traps, ventilating pipes, etc., and shall state the name of the street and the name of the person, firm or corporation. Section Separate connections required. Each individual business or residential building or structure shall install a separate water connection. Section Water required. All owners of improved property located within the corporate limits and upon or within a reasonable distance of any water line owned and operated by the Town shall connect their premises with the Town water system. Section Use of Town water. No person shall take or carry away water from any watering trough, public fountain, or other public place. Section Utility rates; cutting off water. (a) Water rates, deposits, connection and reconnection charges shall be determined from time to time by the Board and shall be kept on file in the office of the clerk. (b) It shall be unlawful for any person other than a person authorized by the Town officials to cut off the Town supply of water. Section Repealed. Cross Reference: For utility tampering provisions, see chapter 3 of this part. Section Private water supply regulated. (a) It shall be unlawful for any person, firm or corporation to furnish, supply, or provide, for gain or profit, any water from a private well or pump in or to any dwelling house, boarding house, inn, hotel, cafe or other commercial establishment, or any room or rooms of the same, when said dwelling house or any room or rooms therein are rented, or offered for rent to the public, or when said boarding house, inn, hotel, cafe, or other commercial establishment is open to or used by, the public, unless and until an analysis of the water from such private well or pump shall have first been submitted to and approved by the clerk. (b) The water analysis referred to in subsection (a) hereof shall be made by or under the direction of the County Board of Health or the Department of Public Health of the State.

104 Municipal Utilities 5-2 (c) If such water analysis bears the approval of either of the authorities referred to in subsection (b) hereof, the clerk shall approve the same by endorsing thereon the word "approved" and affixing thereto his signature as clerk. If, however, such analysis shows that such water is contaminated and unfit for human consumption, the clerk shall not approve such analysis, but shall deliver such analysis to the Board, which may disapprove such analysis and return the same to its owner. Section Water superintendent. The Board may select some competent person to supervise under its general control the entire water system of the Town. The Board may from time to time prescribe the duties and responsibilities of the superintendent. Section Work on water system. All work on the water system and all connections or disconnections thereto shall be performed by the authorized employees of the Town or their representatives or plumbers approved by the Town. All work shall be performed in accordance with-the plumbing code of the State and the Town and such amendments thereto that the Board may from time to time adopt. Section Owners of more than one house. Any property owner having more than one (1) house using water from the same watertap shall be responsible for water bills for all the houses. Section Nonpayment of bills. When the water that is being used by any person, firm or corporation has been cut off because of the nonpayment of the water account, such person, firm or corporation shall pay a fee fixed by the Board and kept on file in the office of the clerk before such water shall be turned back on. State Law Reference: Discontinuance of service for delinquency. G. S. 160A-314. tubing. Each additional residence, firm or corporation must have its own separate water meter, if it is to be served by the Town. Section Access to property. The superintendent or his assistant shall at all reasonable hours have free access to all premises for the purpose of examining hydrants, fixtures or connections on which Town water pressure is maintained. Section Fire hydrants. No person, except employees of the Town, or other persons authorized by the Mayor, shall take water from any public hydrant, plug, street washer, draw cock, hose pipe or fountain, except for fire purposes, nor shall anyone in any Way use or take water for private use unless such person shall pay for the privilege and receive a permit from the Mayor. Section Adjustment of bills for meter error. The superintendent may, with the approval of the Mayor, adjust and settle inequitable and abnormal water bills due to meter error. Section Meter accuracy and test rates. The Town shall test or cause to be tested and make a thorough examination of water meters and all fixtures where so desired by the consumer under the following conditions: (1) Should the test of meter and inspection prove the excessive bill to be caused by negligence of the Town, or inaccuracy of the meter, then the expense of said investigation shall be borne by the Town. (2) Should the test and inspection prove to be the fault of the consumer or any person not connected with or in the employ of the Town, then the actual cost of said investigation is to be borne by the consumer making the protest and asking for the inspection, said actual cost to be fixed by the Board. Section Resale of water. No residence, or firm or corporation shall furnish water for any other residence, firm or corporation through any one (1) meter, by way of piping or

105 Municipal Utilities 5-3 CHAPTER 2 (f) Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and Sewage Collection and Disposal ground waters are not intentionally admitted. (g) Storm sewer or storm drain shall mean a Section Definitions. sewer which carries storm and surface waters and Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Definitions. Use of public sewers required. Unlawful to construct or maintain privies. Owners required to connect to system. Private sewage disposal. Same; permit required. Permit effective upon completion of work. Specifications of private system. When direct connections required. Facilities to be operated in sanitary manner. Additional requirements by health officer. Alteration of system in any way requires permit. Classes of sewer permits. Costs to be borne by owner. Independent sewer for each building; exception. Old building sewers. Minimum standards of sewers. Size and slope of sewer. Grades for sewers. Building drains. Excavation and backfill. Joints. Angle of connection. Notice to superintendent. Requirements regarding excavation. Certain substances not to be discharged. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: (a) Sewerage works shall mean all facilities for collecting, pumping, treating and disposing of sewage. (b) Superintendent shall mean the superintendent or manager of the sewerage works of the Town of Erwin, or his authorized deputy, agent or representative. (c) Sewage shall mean a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. (d) Sewer shall mean a pipe or conduit for carrying sewage. (e) Public sewer shall mean a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. drainage, but excludes sewage and polluted industrial wastes. (h) Sewage treatment plant shall mean any arrangement of devices and structures used for treating sewage presently owned or afterward acquired by the Town. (i) Industrial wastes shall mean the liquid wastes from industrial processes as distinct from sanitary sewage. (j) Garbage shall mean solid wastes from the preparation, cooking and disposing of food, and from the handling, storage and sale of produce. (k) Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch in any dimension. (1) Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. (m) Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal. (n) B.O.D. (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees C., expressed in milligrams per liter. (o) ph shall mean the logarithm of the reciprocal of the hydrogen ion concentration in moles per liter. (p) Suspended solids shall mean solids that -ither float on the surface of, or are in suspension in water, sewage, or other liquids; and which are removable by laboratory filtering. (q) Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. (r) Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

106 Municipal Utilities 5-4 (s) Person shall mean any individual, firm, company, association, corporation or group. (t) Shall is mandatory; may is permissive. (u) Improved Property shall mean any property upon which is located a dwelling house, mobile home, apartment house, any building or structure used for human habitation, any commercial or industrial building or structure required by Federal, State or local law to contain restroom facilities or which does contain restroom facilities and any other building, structure, or facility which discharges or has discharged by its operation conducted therein, waste water and/or sewage. (Ord. of 12/1/94) Section Use of public sewers required. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Town, or in any area under the jurisdiction of the Town, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. Section Unlawful to construct or maintain privies. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other receptacle intended or used for the disposal of sewage. Section Owners required to connect to system. a) Sewer Connection Required: Payment of Charge in Lieu of Connection: Each owner of improved property located upon or within a distance of 250 feet of any Town sewer line shall connect the plumbing system of his premises with the Town sewer system; provided, that any such owner who already has in use a septic tank approved by the Harnett County Department of Health may, in lieu of connecting his premises to the Town sewer system, pay the minimum monthly charge established for sewer service, and may continue the use of the septic tank for domestic household sewer service for so long as such charge is duly paid and for so long as said septic tank remains suitable for such use as determined by the Harnett County Department of Health. b) In the event that an owner fails to pay the minimum monthly charges established for sewer service, the Town may disconnect the water service provided to that owner s property from which the minimum monthly sewer charge arises. This remedy is not exclusive and shall be in addition to other available remedies in accordance with the Town s then existing disconnection procedure. c) Partial payment for outstanding water and/or sewer charges shall be applied as follows: Partial payment by user who is receiving water service but paying the minimum monthly charge established for sewer services as a result of not being connected to the Town s municipal sewer system, shall first be applied to the outstanding minimum monthly sewer charge as shown on the monthly consolidated bill received by the user. d) Disconnection: In the event that an owner and/or user fails to pay all outstanding sewer charges, the Town may disconnect the water service provided to that owner and/or user s property from which the sewer charges arise. The above stated remedies are not exclusive and shall be in addition to any other remedies available through law and/or equity. (Ord. of 12/1/94) Section Private sewage disposal. Where a public sanitary sewer is not available under the provisions of Section , the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. Section Same; permit required. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the Town, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent. A permit fee and the inspection fee of five dollars ($5.00) shall be paid to the Town at the time the application is filed.

107 Municipal Utilities 5-5 Section Permit effective upon requirements that may be imposed by the health completion of work. officer. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the superintendent. Section Specifications of private system. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the department of Public Health of the State of North Carolina. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand (15,000) square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet. Section When direct connections required. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section , direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material. Section Facilities to be operated insanitary manner. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town. Section Additional requirements by health officer. No statement contained in this chapter shall be construed to interfere with any additional Section Alteration of system in any way requires permit. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the superintendent. Section Classes of sewer permits. There shall be two (2) classes of building sewer permits; (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit application fee of five dollars ($5.00) for a residential or commercial building sewer permit and fifteen dollars ($ 15.00) for an industrial building sewer permit shall be paid to the Town at the time the application is filed. Section Costs to be borne by owner. All cost and expense incident to the connection of the building sewer from the owner's building to the Town property line shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may be directly or indirectly occasioned by the connection of the building sewer. Any connection into the public sewer shall be made by the Town, for which the owner shall pay the Town a standard sewer tap fee as set by the Board, copy of said schedule to be kept on file in office of clerk. Section Independent sewer for each building; exception. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be

108 Municipal Utilities 5-6 extended to the rear building and the whole considered as one building sewer. Section Old building sewers. Old building sewers may be used in connection with new buildings when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance. Section Minimum standards of sewers. The building sewer shall, in all cases, meet the minimum standards of the State of North Carolina Plumbing and Building Codes. Joints shall be watertight. Any part of the building sewer that is located within ten (10) feet of a water service shall be constructed of cast iron soil pipe with leaded joints. Cast iron pipe with leaded joints may be required by the superintendent where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the superintendent. Section Size and slope of sewer. The size and slope of the building sewer shall be subject to the approval of the superintendent, but in no event shall the diameter be less than four (4) inches. The slope of such four (4) inch pipe shall be less than one-eighth (1/8) inch per foot. Section Grades for sewers. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three (3) feet of any load bearing wall, which might thereby be weakened. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipes and fittings. Section Building drains. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. Section Excavation and backfill. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the superintendent. Backfill shall not be performed until the work has been inspected by the superintendent. Section Joints. (a) All joints and connections shall be made watertight. Cast iron pipe joints shall be firmly packed with oakum or filled with molten lead, not less than one (1) inch deep. Lead shall be run in one (1) pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the joint material until after the joint has been tested and approved. Rubber joint cast iron pipe or plastic pipe of sufficient strength may be used as an alternate. (b) All joints in vitrified clay or concrete pipe or between sewer pipe and metals shall be made with approved hot-pouring jointing material, by using rubber gaskets or preformed, factor-applied couplings having resilient properties. (c) Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of one hundred sixty (160) degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp, or similar approved material. (d) Other jointing materials and methods may be used only by approval of the superintendent. Section Angle of connection. The connection of the building sewer into the public sewer shall be made at an angle of about forty-five (45) degrees. A forty-five (45) degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the superintendent.

109 Municipal Utilities 5-7 Section Notice to superintendent. The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. Section Requirements excavation. regarding All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town. Section Certain substances not to be discharged. No person shall discharge or cause to be discharged any stormwater, surface water, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. CHAPTER 3 General Utility Regulations Section Purpose. Section Deletions. Section Tampering with hydrant, pipe, or meter. Section Interfering with pipes and meters. Section Tampering generally. Section Unapproved cut-ons. Section Illegal taps. Section Enforcement. Section Penalties -tampering. Section Penalty - illegal, unapproved, or unmetered taps. Section Penalty - unapproved cut-ons. Section Separability. Section Purpose. The purpose of this chapter is the prevention of illegal uses of municipal utilities, which includes, but is not limited to: tampering with hydrants, tampering with pipes, tampering with meters, citizen cut-ons of water after a cutoff by Town staff for non-payment of bills, unapproved or unmetered taps to the system. (Ord. of 1/16/86) Section Deletions. This chapter supercedes section of the Code of Ordinances for the Town. (Ord. of 1/16/86) Section Tampering with hydrant, pipe, or meter. No person shall maliciously open, close, adjust, or interfere with a fire hydrant, valve, regulator, gauge, gate, disc, curb cock, stopcock, meter, or other regulator, operating or measuring device, or appliance in or attached to the wells, tanks, reservoirs, conduits, pipes, mains, service pipes, house pipes, or other pipes or apparatus of a water company or furnisher of water, with intent to cause the escape of water or to injure or destroy such property. No person shall tap, sever, open, or make unauthorized connections with a main or pipe used or intended for the transmission of water. This section doe not apply to the agent or employee for that purpose of the owner or operator of the appliances referred to in this section, and doe not apply to anything done by or under authority of any regularly constituted fire department. (Ord. of 1/16/86)

110 Municipal Utilities 5-8 Section Interfering with pipes and meters. No person shall willfully or maliciously injure or destroy, or intentionally permit to be injured or destroyed, cut, break, adjust, or interfere with any pipe, valve, regulator, gauge, gate, stopcock, manhole, pump, trap, meter, or other regulating or measuring device or appliance used in the construction or operation of any plant or collection system for raw or treated sewage. No person shall willfully or maliciously prevent any meter or other measuring device or appliance used in any such plant or collection lines from duly registering the quantity of water or sewage transported. No person shall, without the consent of the owner of such plant, willfully or maliciously divert any water or sewage from any pipe or other part of such plant or collection line or otherwise willfully or maliciously use or cause to be used, without the consent of the owner of such plant, water or sewage derived from or being transported to any such plant. (Ord. of 1/16/86) Section Tampering generally. No person shall tamper with or harm, in any manner whatsoever, any water or sewer line, main or any appurtenance thereto. No person shall throw or deposit any material or substance in any water or sewer line that will in any manner obstruct or harm such line. (Ord. of 1/16/86) Section Unapproved cut-ons. No person shall touch, tamper with or in any manner manipulate or turn the cutoffs on the water mains forming a part of the water system of the Town. (Ord. of 1/16/86) Section Illegal taps. No person shall make, or allow to have made, a top to the utility system that is not first approved by the Town manager for the town and for which proper fees have been paid, nor shall any person allow an unmetered water tap on the Town system to remain in service. (Ord. of 1/16/86) Section Enforcement. investigate. If the investigation bears out the suspicion that tampering has occurred, the chief of police will be notified, and proper collection of evidence will be made. The Town is hereby authorized to then correct the matter and charge all costs incurred to the property owner, tenant or violator. The bill for costs incurred shall be mailed by the Town clerk, and which shall be paid within thirty (30) days from receipt thereof. If not paid, the charge shall be certified by the Town clerk to the Town attorney and shall constitute a lien on the premises. (Ord. of 1/16/86) Section Penalties -- tampering. Persons found guilty of sections through of this chapter, shall be charged with a misdemeanor, and if found guilty of said misdemeanor, shall be punished by a fine not exceeding fifty dollars ($50) or by imprisonment of not more than thirty (30) days, for each offense. (Ord. of 1/16/86) Section Penalty - illegal, unapproved or unmetered taps. Persons found in violation of section of this chapter shall be charged with a misdemeanor, and if found guilty of said misdemeanor, shall be punished by a fine of five hundred dollars ($500) or by imprisonment of not more than thirty (30) days, for each violation. (Ord. of 1/16/86) Section Penalty -- unapproved cut-ons. If water is cut on by a water user after the water has been cut off by Town forces, an additional locking charge of rive dollars ($5) shall be made. In unusual cases where locking of the meter is not effective in stopping illegal water use, a charge for actual cost of meter removal and reinstallation shall be made, plus fifteen percent (15%) for administrative overhead. In addition, the person in whom's name the water account is in, shall be charged with a misdemeanor, and if found guilty of said misdemeanor, shall be punished by a fine not to exceed fifty dollars ($50) or by imprisonment of not more than thirty (30) days, for each offense. (Ord. of 1/16/86) If tampering in accordance with this chapter is suspected, the Town manager or his assigns will

111 Municipal Utilities 5-8 Section Separability. Should any provision of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this chapter as a whole or any part hereof except that specific provision which was the subject of the declaration. (Ord. of 1/16/86)

112 Licensing and Regulation 6-1 Chapter 1 Chapter 2 PART 6 Licensing and Regulation Businesses and Trades Street and Sidewalk Use and Regulation CHAPTER 1 ARTICLE E Beer and Wine Sales Sections through reserved. ARTICLE F Amusements Business and Trades Article A Taxicabs Section Definitions. Section Unlawful to operate without certificate. Section Application required. Section Board issues certificates. Section Duration of certificate. Section Determination of convenience and necessity. Section Hearing, notices. Section Burden of proof. Section Failure to begin operations. Section Transfer. Section Revocation of certificate. Section Substitution of vehicles. Section No person to hold more than one certificate. Section No parking of taxicabs on streets. Sections through reserved. ARTICLE B Sections through reserved. ARTICLE C Pool Rooms and Bowling Alleys Section License required. Section Application for license. Section When license refused. Section Form and content of license. Section Certain prohibitions to be observed by licensee and employees. Section Rules for operation. Section Licensee responsible. Section Revocation of licenses. Sections through reserved. ARTICLE D Peddling and Soliciting Section Definitions. Section Registration. Section Badge. Sections through reserved. Section Section Section Section Section Section Section Section Section License required to operate circus, carnival or similar public entertainment, or mechanical ride. Application for license; consideration thereof; issuance of license. Information given on application. Grounds for denial of license. License issued without payment of fee. Inspections by mayor and police; suspension of license for unsanitary, dangerous or hazardous conditions; nonliability of mayor or police. Disorderly or immoral conduct; sale of obscene material; indecent, immoral or lewd performances prohibited. Suspension or revocation of licenses. Certificate of public liability insurance to be filed in advance. ARTICLE A Taxicabs Section Definitions. (a) Persons. When used in this Article shall mean and include both singular and plural, and shall also mean and include persons, individuals, firms, corporations, partnerships and associations. (b) Taxicab. When used in this Article shall be defined as any motor vehicle seating nine (9) or fewer passengers, operated upon any street or highway on call or on demand, accepting or soliciting passengers indiscriminately for hire between such points along streets or highways as may be directed by the passenger or passengers so being transported, and shall not include motor vehicles or motor vehicle carriers as defined in Sub-Section (k) of Section of the General Statutes of North Carolina. (Code 1967, Ch. H, Art. II, Sec. 1) Section Unlawful to operate without certificate. It shall be unlawful for any person to operate a taxicab upon and over the streets of the Town without first having applied for and secured from

113 Licensing and Regulation 6-2 the Board a certificate of convenience and necessity as hereinafter set forth. (Code 1967, Ch. H, Art. II, Sec.2) Section Application required. Every person desiring to operate a taxicab upon and over the streets of Erwin shall file on forms supplied by the Town clerk an application for certificate of convenience and necessity. (Code 1967, Ch. H, Art. II, Sec. 3) Section Board issues certificates. The Board shall have power and it will be its duty to order certain certificates issued, or [to] refuse to issue certain certificates, or to issue certificates for partial exercise of the rights granted. Only [sic] such [certificates shall be granted under] such terms and conditions as in its judgment the public convenience and necessity may require. (Code 1967, Ch. H. Art. II, Sec. 4) Section Duration of certificate. A certificate shall constitute a franchise from the Town for the operation of taxicabs within the Town subject to the provisions of this article for one year, unless a shorter period of time is specified in the certificate. Applications for renewal shall be filed annually and hearing conducted as herein provided. (Code 1967, Ch. H, Art. II, Sec. 5) Section Determination of convenience and necessity. (a) In determining whether the public convenience and necessity require franchising of such taxicabs or taxicab, the Board shall, among other things, take into consideration the following factors: (1) Whether or not the public convenience and necessity require such proposed or additional taxicab service within the Town. (2) The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory. (3) The number and condition of equipment. (4) The schedule of proposed rates, if required by the Board to be charged. (5) The number of taxicabs now operated and the demand for increased service, if any, and whether or not the safe use of the streets by the public, both vehicular and pedestrian, will be preserved, and whether or not adequate provision has been made for off-street parking of said taxicabs. (6) The experience of applicant in the taxicab business. (7) Such other relative facts as may be deemed necessary and advisable. (b) Before making any decision with respect to the issuance of a certificate of convenience and necessity, the Board, or a committee thereof, shall make a full and complete investigation of all facts, if it so desires, subpoena witnesses and utilize the services of the chief of police or any other officer or employee of the Town. (Code 1967, Ch. H, Art. II, Sec. 6) Section Hearing, notices. Each application for certificate of convenience and necessity shall be scheduled for a hearing not later than thirty (30) days after the same is filed, and the applicant shall be notified by the clerk by mail to the business address set forth in the application of the date and time of such hearing, such notification to be sent at least ten (10) days before the date set for the hearing. The clerk shall also, within the same time, notify all persons who at the time hold certificates of convenience and necessity for the operation of taxicabs within the municipality of the date and time for such hearing and the name of the applicant. In addition, the Board shall have the power to have published at least once in a newspaper of general circulation at least ten (10) days before the hearing, a notice setting forth the name of the applicant and the date and time of hearing. The cost of such publication to be paid by the applicant. (Code 1967, Ch. H, Art. II, Sec. 7) Section Burden of proof. The burden of proof shall be upon the applicant to establish the existence of public convenience and necessity for the operation of the taxicab or taxicabs specified in his application, and all other facts required for the granting of a certificate. (Code 1967, Ch. H, Art, II, Sec. 8)

114 Licensing and Regulation 6-3 Section Failure to begin operations. If a certificate is granted to an applicant, and said applicant shall fail, in accordance with the provisions of the certificate, to begin operations within sixty (60) days after the date of said certificate, then said certificate shall become null and void, and no refund of any amount paid by the applicant will be made by said Town. (Code 1967, Ch. H, Art. II, Sec. 9) Section Transfer. A certificate is not transferable without the consent and approval of the Board. Applications for a permit to transfer shall be filed in the same manner as an application for a certificate of convenience and necessity. The proceedings upon such application for a transfer shall be the same as those prescribed for the issuance of a certificate, except that the question of public convenience and necessity need not be proved. No certificate will be issued to any applicant unless such applicant be the holder in due course and for value of the title to such taxicab, and the holder of such certificate only shall be permitted to operate such taxicab, and such applicant shall not be allowed to engage the services of any person to operate his taxicab for him or in his stead at any time. (Code 1967, Ch. H, Art. II, Sec. 10) Section Revocation of certificate. (a) The Board at any time may after a public hearing revoke any certificate issued by authority of this article for any one, or more, of the following causes: (1) Failure to operate the taxicab specified in the certificate in such manner as to serve the public adequately and efficiently. (2) Failure to maintain motor equipment in good repair. (3) Failure to carry liability insurance or bond as required by law. (4) Failure to pay to the Town taxes or license fees of fifteen dollars ($15) imposed upon such taxicabs. (5) Repeated and persistent violation by the taxicab drivers of traffic and safety ordinances, or state laws relating to alcoholic beverages or prostitution. (6) Failure to report accidents. (7) Willful failure to comply with any provision of this ordinance or other ordinances or state laws relating to the operation of taxicabs, whether such ordinances and laws be now in force or hereafter enacted into ordinances and into laws. (b) No certificate shall be revoked until the owner has had at least five (5) days of notice by personal service or registered mail of the charges against him, and of the time and place of the hearing. If, after the hearing, it is found that the owner is guilty of one or more of the offenses listed herein, the Board shall have the power to revoke the certificate, or to condition a revocation upon compliance of its order within any time fixed by it. (Code 1967, Ch. H, Art. II, Sec. 11) Section Substitution of vehicles. The person to whom a certificate has been issued may, by proper endorsement thereon by the Clerk, substitute another vehicle, or other vehicles, for the vehicle or vehicles for which certificate was granted. In such instance, the liability insurance or bonds shall also be transferred to such substitute vehicle or vehicles. (Code 1967, Ch. H, Art. II, Sec. 12) Section No person to hold more than one certificate. The Board reserves the right to issue only one such certificate to any one person, and the person holding such certificate shall be required to operate his taxicab himself and shall have no power or authority by virtue of his certificate to delegate the operation of such taxicab to any person. (Code 1967, Ch. H, Art. II, Sec. 13) Section No parking of taxicabs on streets. Parking of taxicabs on the public streets for the solicitation of fares or passengers will not be permitted. (Code 1967, Ch. H, Art. II, Sec. 14) Sections through reserved.

115 Licensing and Regulation 6-4 ARTICLE B Sections through reserved. ARTICLE C Pool Rooms and Bowling Alleys Section License required. No person shall maintain or operate any pool or billiard table, bowling alley, or other table or alley for any game or play for which a charge is made, either directly or indirectly, unless he shall first have secured a license from the Council to do so. Such license shall expire on June 30 each year, and shall not be transferable. Section Application for license. Applications for such license shall be made upon forms provided by the Town Clerk, and shall contain all information necessary for the Council to act intelligently upon such applications. Section When license refused. The Council shall not issue such license to any person: (1) Who has been convicted of unlawfully selling intoxicating liquors or narcotic drugs; or (2) Who is not a citizen and resident of North Carolina; or (3) Who is of immoral character; or (4) Who is a habitual user of intoxicating liquor or narcotic drugs. Section Form and content of license. Ever license issued pursuant to this article shall specify the premises for which it is issued, the number of table or alleys to be operated thereunder, the name of the owner or operator, and the dates upon which the license begins and shall expire. Such license shall be posted in a prominent place on the premises at all times. Section Certain prohibitions to be observed by licensee and employees. Licensee under this article shall not, and neither shall his employees: (1) Suffer or permit any gambling on the licensed premises at any time; nor the sale or use of any racing, football, or other parlay cards or gambling boards.

116 Licensing and Regulation 6-5 (2) Suffer or permit the licensed premises to Section Licensee responsible. become disorderly; or permit any profane, obscene, or indecent language thereon. (3) Suffer or permit any intoxicating liquors or narcotic drugs to be sold or kept or consumed on the licensed premises. (4) Suffer or permit any person under age of sixteen (16) years to enter or remain on the Section Revocation of licenses. licensed premises, unless such person be accompanied by his parent or guardian. (5) Employ in carrying on the business any person who has been convicted of unlawfully selling intoxicating liquors or narcotic drugs. (6) Suffer or permit any keeley board, keno board, or any other such board or device to be attached to or placed upon any tables. Section Rules for operation. The acts and conduct of the agents and employees of the licensee in the conduct of the business shall be deemed to be the acts and conduct of the licensee. A second conviction of a licensee, or his agent or employee, for any violation of any provision of this article shall by operation of law constitute an automatic revocation of the license of such licensee. In addition, the Council may at any time, for cause, and after a hearing, of which such licensee shall be given such reasonable notice as the Council may direct, revoke any license issued pursuant to this article. The following rules shall be observed by all operators of pool rooms within the Town. (1) All pool rooms shall close at I o'clock A.M. each morning, Monday through Friday and 12 o'clock midnight on Saturdays and no person other than the owner, operator or employees shall be permitted on the premises from that hour until 7 o'clock A.M. the following morning. (2) No play on any table shall be allowed during the times when pool rooms are required by this article to remain closed. (3) Pool rooms shall remain closed on Sundays. (4) All pool rooms shall be operated only on the ground floor of a building, and plate glass window shall be in those parts of the building facing any street, so that a clear view inside may be had from the street. (5) No screens, curtains, blinds, partitions, or other obstructions shall be placed between the entrance to the room where pool is played and the rear wall of such room. A clear view of the interior from the entrance to the rear of the room must be maintained at all times. (6) No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. Provided, this shall. not be construed so as to prohibit the maintenance of closets used exclusively for storage purposes, or of toilets. (7) There shall not be permitted or maintained any open or secret connections through doors, windows, trap doors, hidden doors, panels, stairways, or other devices with any place where gambling is conducted or where persons meet or congregate for immoral purposes. Sections through reserved.

117 Licensing and Regulation 6-6 ARTICLE D Peddling and Soliciting Section Definitions. For the purpose of this article the following terms shall have the meanings respectively ascribed: (1) Charitable solicitation approaching strangers requesting monies or contributions, whether or not it involves the exchange of other goods or services, for any charity or non-profit organization. (2) Charity or non-profit organization means any enterprise entered into with the primary purpose to pursue social, charitable, or other benevolent activities and that is classified as a tax-exempt organization under applicable provisions of the United States Internal Revenue Code and the regulations thereunder. (3) Panhandler means a person who approaches or solicits strangers for money or other thing of value. (4) Panhandling means any solicitation made in person upon any street, sidewalk, public way, or public place, or upon the premises of any business establishment or other private property that is routinely or customarily frequented by the general public, requesting an immediate donation of money or other thing of value. (5) Peddler - Any person who transports goods from place to place and sells or offers for sale such goods, or who, without travelling from place to place, sells or offers for sale any goods from any vehicle or device; provided, that any person who separates the acts of sale and delivery for the purpose of evading the provisions of this article shall be deemed a peddler. (6) Solicitor - Any person who travels from place to place taking or offering to take orders for the sale of goods for future delivery or for personal services to be performed in the future, whether or not samples are displayed or money is collected in advance, and any person who uses or occupies any building or premises for the sole purpose of taking or offering to take orders for the sale of goods for future delivery or for personal services to be performed in the future, whether or not samples are displayed or money is collected in advance. (7) Transient Vendor - Any person who engages in a temporary business of selling and delivering goods and who, for this purpose uses or occupies any building or premises; provided, that no person shall be relieved from complying with the provisions of this section merely by conducting a transient business in association with any permanently established merchant. Section Permit Required. No person shall engage in peddling, soliciting or transient vending in the Town of Erwin without first obtaining a permit issued by the Town of Erwin Police Department. Any person wanting to engage in peddling, soliciting or transient vending in the Town of Erwin shall submit to the Town of Erwin Police Department (the "department") a permit application on a form to be furnished by the department, which shall provide the following information and documentation: (1) The name, the permanent address and the temporary address in the vicinity of Erwin, of the applicant; (2) Proof of date of birth, address and identification of the applicant, to be provided through a driver's license or other legally recognized form of photo identification and proof of Social Security Number; (3) A brief description of the business or activity to be conducted including a description of the goods, wares, merchandise, food, periodicals, items or services to be sold or offered for sale; (4) The proposed dates, hours and location for the proposed peddling, soliciting or transient vending; (5) A description of any vehicle to be used in connection with the proposed peddling, soliciting or transient vending, including the year, make, model, body style, color and license number; (6) The age, height, weight and other identifying information of the person proposing to engage in peddling, soliciting or transient vending; (7) Written permission to use the proposed location signed by the property owner if the application is for transient vending on property not owned by the applicant; (8) If employed in connection with the proposed peddling, soliciting or transient vending, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal on whose behalf the applicant is acting, with credentials in written form establishing the relationship and the authority of

118 the employee or agent to act for the employer or principal, as the case may be; (9) A list of any and all crimes of which the applicant has been convicted or has pleaded no contest to in the ten years preceding submittal of the application, describing the nature of the offense or violation, the penalty or punishment imposed, the date and place of the crime, the official file number of the criminal case, excluding minor traffic offenses not punishable by incarceration; the applicant shall provide a certified copy of his criminal record for the county of his permanent residence and for each county in which he has a conviction or plea of no contest in the ten years preceding the application, excluding minor traffic offenses not punishable by incarceration; the applicant shall list all registrations of the applicant as a registered sex offender with the State of North Carolina, any other state or a federal agency; (10) Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant for the licensing requirements of this article; (11) Two photographs of the applicant which shall have been taken within 60 days immediately prior to the date of filing of the application and show the head and shoulders of the applicant in a clear and distinguishing manner; (12) A description of all other licenses or permits, such as a privilege license, obtained by the applicant in connection with the proposed peddling, soliciting or transient vending; (13) The department shall make copies of all IDs or other credentials relied upon by the applicant; (14) If the applicant is an employer or principal, a separate application shall be submitted for each person who will be peddling, soliciting or transient vending and a separate permit will be processed for each; and (15) The signature of and sworn verification of the application's contents by, each applicant and person who will be peddling, soliciting or transient vending. Section Fees. For each application, the applicant shall pay a nonrefundable fee to cover the cost of the town's processing the application and investigating the facts stated therein. The fee shall be payable to the Town of Erwin and shall be paid at Erwin Town Hall at the time of submittal of the application. The application fee shall be the amount specified in the annual budget ordinance each year for each proposed peddler, solicitor or transient vendor. The fee for a renewal application shall be one-half the amount for an initial application. (Ord. No , 1, ) Section Application review and permit issuance. (1) Upon receipt of an application, the police chief or designee (hereinafter "police chief") shall review the application and conduct an investigation to determine whether the standards of Section are met. (2) If the police chief finds the application meets the standards of Section , the police chief shall endorse his approval on the application and shall, upon payment by applicant of the prescribed fee, deliver the permit to the applicant. The police chief shall make his determination within five days of submission of the application. (3) The permit shall show the name, address and photograph of the permittee, the class of permit issued, the kind of goods and services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. Section Standards for issuance or denial of permit. If the application meets all of the following standards, it shall be approved and a permit shall be issued, if not the application shall be denied: (1) The application is complete and does not contain false information; (2) The persons proposing to engage in the peddling, soliciting or transient vending may lawfully do so; (3) The location and time of the proposed peddling, soliciting or transient vending would not endanger the safety and welfare of the peddlers, solicitors or transient vendors or their customers; (4) Neither the applicant for a peddler or solicitor permit shall have been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, a controlled substance trafficking or sales offense or any violent acts against persons or property, such conviction being entered within the five years preceding the date of application; nor shall they have been released from incarceration for such offense within one year preceding the date of application. (5) Neither the applicant, the peddler, the solicitor, nor the transient vendor shall be a person against whom a judgment based upon, or a criminal

119 conviction for, fraud, forging, theft, uttering, deceit or misrepresentation or other actions or crimes of like nature involving moral turpitude has been entered within the five years preceding the date of application; nor shall they have been released from incarceration for such offense within one year preceding the date of application. (6) Neither the applicant for a peddler or solicitor permit, the peddler, nor the solicitor shall have been convicted of a felony violation involving murder, rape, manslaughter, robbery or assault, such conviction being entered within the ten years preceding the date of application; nor shall they have been released from incarceration for such offense within one year preceding the date of application. (7) Neither the applicant, nor the peddler, solicitor or transient vendor shall be a person registered as a sex offender with the State of North Carolina, any other state or a federal agency; (8) There is proof as to the authority of the applicant to serve as an agent to the principal; and (9) The applicant shall not have been denied a permit under this article within the immediate past year, unless the applicant can and does show to the satisfaction of the police chief that the reasons for such earlier denial no longer exist. (10) In the case of denial, the police chief's denial and the reasons for denial shall be noted on the application, and the applicant shall be notified that his application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address. Section Permit expiration and renewal. Unless renewed, all permits issued under this article shall expire 30 days from the date of issuance, unless an earlier expiration date is noted on the permit. A permit may be renewed for an unlimited number of 30-day periods provided an application for renewal is made on a form provided by the department prior to the expiration of a current valid permit. The police chief shall review a renewal application for continuing compliance with the provisions of this article III, and if the applicant is in compliance, the renewal permit shall be issued. Applications for renewal received after expiration of the relevant permit shall be treated as new applications. Section Badge and permit exhibition. A badge shall be issued to every person authorized by a permit to engage in peddling, soliciting or transient vending. All persons engaging in peddling, soliciting or transient vending shall display the badge on the front of his or her person in a manner that is easily observable. Additionally, every person engaging in peddling, soliciting or transient vending shall keep on their person the permit obtained under the provisions of this article and shall exhibit the permit when requested to do so by any prospective customer or Town of Erwin employee. The badge shall appear substantially as follows: Peddler/Solicitor/Transient Vendor Badge TABLE INSET: 20 Town of Erwin, N.C. No. (Name) has registered with the Town of Erwin as required by O (Date) Issuance Date Police Chief or Designee Section Transfer prohibited. It shall be unlawful for any person other than the permit tee to use or wear any badge or permit issued under the provisions of this article. Section Permit revocation. Any permit issued under this article may be revoked or suspended by the police chief for any of the following reasons: (1) Fraud, misrepresentation or false statement contained in the permit application; (2) Fraud, misrepresentation or false statement made by the permit tee in the course of peddling, soliciting or transient vending; (3) Peddling, soliciting or transient vending contrary to the provisions contained in the permit; (4) Conviction for any crime that would have prevented issuance of the permit in the first place; (5) Conducting peddling, soliciting or transient vending in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public; or (6) The existence of any circumstance that would have been grounds for denial of the application in the first place. (7) A permit that has been revoked and any badges associated therewith shall be immediately surrendered to the department. Section Appeals. An applicant may appeal the denial or revocation of a permit by submitting a written notice of appeal to the Erwin Town Manager, specifying with particularity the grounds upon which the appeal is based. An appeal shall be submitted no later than ten days from the date of the denial or revocation of the permit in question. The town manager or designee shall fix a reasonable time for the hearing of the appeal, shall give due notice to all parties, and shall render a decision within a reasonable time. The town manager's decision shall be the town's final decision. (Date) Expiration D

120 Section Prohibited acts. (1) It shall be unlawful for any person to enter upon any privately-owned premises or business, without permission or invitation of the owner or occupant of such premises or business, for the purpose of soliciting orders for immediate or future delivery of goods, wares, merchandise, or services, including the taking of subscriptions for magazines and the procuring of applications and contracts without first receiving a permit issued by the department of public safety. (2) It shall be unlawful for any person holding a permit to fail to display the permit and state-issued photo identification, upon demand of a police officer, while engaged in soliciting in the town. (3) It is unlawful for permit holder or persons authorized to work for a permit holder to fail to display a certified copy of the permit and recognized state identification, upon demand of a police officer, while engaged in soliciting in the town. A person working for a permit holder shall be listed as an authorized person on the face of the permit. (4) Even if a permit has been issued, it shall be unlawful to conduct any business, as listed in subsection (a), during the hours between 6:00 p.m. and 9:00 a.m. Monday through Saturday nor at any time on Sunday. (5) No person shall engage in peddling or soliciting at residences between the hours of 8:00 p.m. and 9:00 a.m. (6) No person shall engage in transient vending on property owned by another without the written permission of the property owner, which written permission shall be displayed upon demand of a police officer. (7) It shall be unlawful for any person holding a permit to be aggressive, threatening or intimidating to person. Section Exceptions to provisions. The provisions of this article shall not apply to actions undertaken at the prior request or invitation of the resident or occupant of the premises visited. Section Bond required. (1) Before any permit shall be issued under the provisions of this article, the applicant shall furnish a bond in the penal amount of $5, to the town signed by the applicant and as surety by some surety company authorized to do business in this state, conditioned upon the final delivery of goods, wares, merchandise, services, photographs, magazines, and newspapers in accordance with the terms of any and all purchasers or customers for any and all defects in material and workmanship that may exist in the article sold by the principal on such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery. Such bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond, or to any agent or employee of the principal. The principal shall be in effect for 180 days from expiration of this permit. (2) Only one bond shall be required of each applicant, even though such applicant shall have one or more agents or employees; provided such bond shall be made to cover the activities of all such agents or employees. (3) Applicants soliciting for recognized charitable organizations, churches, schools, civic organizations, and similar neighborhood associations performing fundraising activities for their organization are exempt from such bond. Section Transfer of permit. A permit issued under this article is not transferable. Section Residential no soliciting notices. (1) Any occupant of a residence or occupants of a multi-family dwelling who desire(s) not to have solicitors call on said residence(s) shall give notice of the desire to refuse solicitors by displaying a clearly visible weatherproof placard no smaller than six (6) square inches and no larger than sixteen (16) square inches stating "No Soliciting" which shall be posted on or near the main entrance of the private property and not within the public right-of-way. (2) Residents of a residential subdivision may indicate their desire not to have solicitors call on any residences in that subdivision by giving notice of the desire to refuse solicitors by displaying a clearly visible weatherproof placard no smaller than sixteen (16) square inches and no larger than ninety-four (94) square inches stating "No Soliciting" which shall be posted on or near the main entrance of the subdivision on private property and not within the public right-of-way. (3) The display of said placard shall be deemed to constitute notice to any solicitor that the inhabitant of the residence does not desire to invite solicitors. (4) Every solicitor shall, upon entering premises on which a residence is located, examine the main entrance to the premises for any "no soliciting" placard, and if one is

121 posted, desist in any efforts to solicit or to leave any literature concerning the solicitation at that residence. Possession of a certificate of registration does not relieve any solicitor of this duty. (5) It is unlawful for any person to appear at any private residence and canvass or solicit whereon a placard bearing the words "no soliciting" or words of similar import is posted for public view. Possession of a certificate of registration does not relieve any solicitor of this duty. Section Penalty. This article may be enforced by any or both of the following ways as provided by law. (1) Anyone violating this article shall be guilty of a Class 3 Misdemeanor and shall be fined not more than $ or imprisoned for not more than 20 days. (2) A violation of this article shall subject the violator to issuance of a citation in the amount of $ for each such citation. A citation remaining unpaid to the town after 15 days shall subject the violator to a civil penalty, which may be recovered by the town in a civil action. A violation, which is a continuing violation, shall subject the violator to a separate citation for each day the violation continues. obtaining a certified public record or by submitting a fingerprint card of the individual to the CIIS for verification that the CHRI record belongs to the individual. Section Panhandling. It shall be unlawful for any person to engage in panhandling unless such activity complies with the stipulations in this section. (1) This section shall not constitute a prohibition on charitable solicitation. (2) Panhandling may be permitted if the property owner or other authoritative body has authorized such activity upon their property and has provided this authorization in writing, having identified the person(s) by full name and passport style photograph, to the Erwin Police Department. Section Severability. The provisions of this article are declared to be severable. If any section, sentence, clause or phrase shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses or phrases of this article, and they shall remain in effect, it being the legislative intent that this article shall remain in effect notwithstanding the validity of any part. Section Criminal histories obtained by the Erwin Police Department and the use thereof. (1) The Erwin Police Department is authorized to obtain criminal histories from the North Carolina State Bureau of Investigation and the Division of Criminal Information Network ("SBI/DCI") for the purpose of determining whether to grant or deny an application submitted pursuant to article III of chapter 13 of the Erwin Town Code. The Erwin Police Department will utilize the information obtained from the DCI Network to, and only to, process background checks to determine whether to grant or deny a permit. (2) Prior to denial or termination of employment based upon CHRI received from the Erwin Police Department, the Town of Erwin shall verify the existence of a record by either

122 Licensing and Regulation 6-7 ARTICLE E Beer and Wine Sales Sections through reserved. ARTICLE F Amusements Section License required to operate circus, carnival or similar public entertainment, or mechanical ride. No person shall exhibit, show, conduct or operate at any place in the Town, or cause or permit to be exhibited, shown, conducted or operated in any place within the Town or on any property owned, leased or controlled by him, any circus, carnival or outdoor show, or other similar public entertainment, or any merry-go-round, ferris wheel, airplane ride, or any other type of mechanical ride or any type of mechanical amusement, unless the same shall have been licensed according to the provisions of this article. Section Application for license; consideration thereof; issuance of license. Any and all persons desiring to operate a circus, carnival, outdoor show, or any other similar public entertainment, or a merry-go-round, ferris wheel, or other mechanical ride, shall first make application to the Board of Commissioners, upon a form or forms prescribed by the Board at least thirty (30) days prior to the opening date thereof. The Board shall consider said application or applications and direct that the same be granted or refused, and if granted a license shall be duly issued, which license shall be signed by the Mayor. Section Information given on application. The application shall contain the name and residence of the person to whom the license shall be issued and shall contain a complete description of the type of show, rides, and other amusements to be offered, as well as the place upon which the same shall be held. Section Grounds for denial of license. The Board may refuse the issuance of such license on account of the existence of any unsanitary, hazardous or dangerous condition or because the location is deemed to be unsuitable, or on account of the creation of a traffic hazard, or for the lack of

123 Licensing and Regulation 6-8 accommodations for the number of persons or vehicles likely to be attracted thereto. Section License issued without payment of fee. No fee shall be charged for the license. Section Inspections by mayor and police; suspension of license for unsanitary, dangerous or hazardous conditions; nonliability of mayor or police. After a license shall be granted under this article, officials of the Town shall inspect the premises and installations made thereon in order to determine the existence of an unsanitary, dangerous or hazardous condition, and if the same shall exist the Board shall have the authority to suspend the license and prohibit said circus, carnival or other outdoor show to continue, or may suspend the operation of any mechanical ride or rides, or mechanical amusements, if the same shall be deemed unsanitary, dangerous or hazardous per se, which suspension shall continue in effect until said unsanitary, dangerous or hazardous condition shall be eliminated. Section Certificate of public liability insurance to be filed in advance. The sponsor of any circus, carnival or outdoor show or other similar public entertainment, or the owner or operator thereof, or the operator of any mechanical ride of any type, shall file with the Mayor at least ten (10) days prior to the opening of said circus, carnival or outdoor show, or the operation of any merry-go-round, ferris wheel, airplane ride or any other type of mechanical ride, or any type of mechanical amusement, a certificate of public liability insurance in the sum of fifty thousand dollars ($50,000) to one hundred thousand dollars ($100,000). The filing of said certificate of public liability insurance shall be a condition precedent to the opening of the circus, carnival or outdoor show, or other similar public entertainment, or the operation of any merry-go-- round, ferris wheel, airplane ride, or any other type of mechanical ride or mechanical amusement. No circus, carnival or outdoor show, or any mechanical ride or mechanical amusement shall be permitted to perform or operate unless said certificate of insurance is first provided as set forth herein. Section Disorderly or immoral conduct; sale of obscene material; indecent, immoral or lewd performances prohibited. No person granted a license under this article shall permit any disorderly or immoral conduct upon the premises for which such license shall have been granted, or the sale of any obscene literature or pictures, or any indecent, immoral or lewd act or performance upon the premises. Section Suspension or revocation of licenses. The Mayor is hereby authorized to suspend or revoke any license granted under this article in case of failure to maintain proper standards of safety and sanitation, and in case the licensee shall permit the sale of any obscene literature or pictures or any indecent, immoral or lewd act or performance.

124 Licensing and Regulation 6-9 CHAPTER 2 Street and Sidewalk Use and Regulation ARTICLE A Obstructing Section Assembly on sidewalk. Section Display of goods prohibited. Section Placing objects on streets and sidewalks. Section Construction near sidewalk. Section Structures and appurtenances over sidewalk. Sections through reserved. ARTICLE B Use and Cleanliness Section Littering prohibited. Section Same; from vehicles. Section Same; violation. Section Maintenance of public areas. Section Same; receptacles. Section Snow and ice removal. Section Penalty for violation. Sections through reserved. Section Section Section Section Section Section Section Section Section ARTICLE C Parades and Demonstrations Definitions. Permit required. Standards. Requirements and issuance of permits. Certain activities prohibited. Revocation of permit. Interference prohibited. Additional regulations applicable to picketing. Exceptions. ARTICLE A Obstructing Section Assembly on sidewalk. All persons are forbidden from assembling or collecting and standing so as to obstruct any sidewalk or street, and all persons so collecting and standing shall disperse and move upon the demand of any police officer. (Code 1967, Ch. D, Art. II, Sec. 1) Section Display of goods prohibited. No person shall place for display or sale any goods, wares or merchandise of any kind upon any of the sidewalks of said Town, which shall extend out on the sidewalks and disrupt and endanger traffic thereon. (Code 1967, Ch. D, Art. 11, Sec. 2) Section and sidewalks. Placing objects on streets No brick, stone or wood or other substance obstructing the free passage of persons and vehicles shall be placed or suffered to lie in any of the alley ways, streets or other routes of the Town, nor shall any person place on or in any of the streets, sidewalks or alley ways of the Town any boxes, crates, casks, or barrels of any description, or any other obstruction of any kind. Provided that any person erecting a building, may with permission place building material for immediate use on the streets in such a way as to not interfere with the usual traffic. (Code 1967, Ch. D, Art. II, Sec. 3) Section Construction near sidewalk. Before building or remodeling at any place where the same is in close proximity to the sidewalk an overhead covered passage way shall be constructed so as to leave the sidewalk unobstructed and provide safe and easy passage. (Code 1967, Ch. D, Art. II, Sec. 4) Section Structures and appurtenances over sidewalk. No person shall erect over any sidewalk or street any part of a building except marquees and signs, which are approved by the Building Inspector. Awnings may be attached to buildings provided they are supported upon metallic frames and at least seven (7) feet above the level of the sidewalk. Sections through reserved.

125 Licensing and Regulation 6-10 ARTICLE B Use and Cleanliness Section Littering prohibited. It shall be unlawful for any person, firm, organization or private corporation to throw or deposit upon any street or sidewalk, or upon any private property, except with written permission of the owner or occupant of such private property, any trash, refuse, garbage, building material, cans, bottles, broken glass, paper, tree trimmings, shrubbery, or any type of litter. Section Same; from vehicles. It shall be unlawful for any person while a driver or a passenger in a vehicle to throw or deposit litter upon any street or other public place within the Town or upon private property. Section Same; violation. Section Snow and ice removal. Every occupant of a store building in front of which the sidewalk is paved with stone, brick, asphalt or cement, shall remove snow, ice or other obstruction from such sidewalk at the earliest possible time and as soon as the weather permits. (Code 1967, Ch. D, Art. III, Sec. 3) Section Penalty for violation. Any owner, lessee, tenant, occupant or person in charge of any commercial establishment or premises who fails to abide by the provisions of section , and shall be subject to a penalty of fifty dollars ($50) in addition to the penal provisions of State law for violations of municipal ordinances. Cross Reference: Bicycles prohibited on sidewalks in business district, section Authority to establish play streets, section Sections through reserved. Any person found guilty of violating sections and shall be guilty of a misdemeanor and shall be fined not more than fifty dollars ($50) or imprisoned for not more than thirty (30) days. Section Maintenance of public areas. Every owner, lessee, tenant, occupant, or person in charge of any commercial establishment or premises which maintains any paved or unpaved areas for the use of the public, either for parking or as access area and incident to the carrying on of the principal business of any such commercial establishment or premises and which parking or access areas abut or lie within ten (10) feet of any public street or other public way, shall keep and maintain such areas clean and free from trash, litter, rubbish and any materials liable to be blown, deposited or cast upon such street or other public way. Section Same; receptacles. Suitable receptacles shall be provided in all parking or access areas within the meaning of section hereof. Such receptacles shall be plainly marked and constructed to prevent scattering of any trash, litter, rubbish or other material deposited therein.

126 Licensing and Regulation 6-11 ARTICLE C Parades and Demonstrations Section Definitions. For the purpose of section through the following terms shall have the definitions ascribed: (1) "Block" is that portion of any street lying between its intersections with other streets. (2) "Parade" is any assemblage of two (2) or more persons participating in or operating any vehicle in any march, ceremony, show, exhibition or procession of any kind in or upon the public streets, sidewalks, alleys, parks, or other public grounds or places. (3) "Person" is any person, firm, corporation, partnership, association, or other organization, whether formal or informal. (4) "Picket line" is any two (2) or more persons formed together for the purpose of making known any position or promotion of such persons, or on behalf of any organization or class of persons. (5) "Group demonstration " is any assembly together or concert of action between or among two (2) or more persons for the purpose of protesting any matter or of making known any position or promotion of such persons, or of or on behalf of any organization or class of persons, or for the purpose of attracting attention to such assembly. Section Permit required. It shall be unlawful for any person to organize, conduct or participate in any parade, picket line, or group demonstration in or upon any street, sidewalk, alley, or other public place within the Town unless a permit therefor has been issued by the Town in accordance with the provisions of this article. Section Standards. The chief of police shall issue a permit for the proposed parade unless he finds that: (1) Such parades, picket lines or group demonstrations are to commence before 6:00 a.m. or terminate after 8:00 p.m., or, (2) Such parades or group demonstrations are to be held at the same time and place as those designated in a permit issued pursuant to a written application previously received by the chief of police or his designee; or, (3) The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route; or, (4) The conduct of the parade will require the diversion of so great a number of police officers of the Town to properly police the line of movement of the parade and of contiguous areas so that adequate police protection cannot be provided the remainder of the Town; or, (5) The conduct of the parade will require the diversion of so great a number of ambulances so that adequate ambulance service to portions of the Town not occupied by the parade and contiguous areas will be prevented; or, (6) The concentration of persons, animals and vehicles at assembly points of the parade will substantially interfere with adequate fire and police protection of, or ambulance service to, areas contiguous to such assembly areas; or, (7) The conduct of the parade is reasonably likely to result in violence to persons or property causing serious harm to the public; or, (8) The parade is to be held for the primary purposes of advertising a product, good, or event, and is designed to be held primarily for private profit; or, (9) The conduct of the parade will interfere with the movement of fire-fighting equipment to such an extent that adequate fire protection cannot be provided to the Town. Section Requirements and issuance of permits. The chief of police or his designee shall issue permits as required in the preceding section, and in the issuance thereof he shall: (1) Require a written application for permit to be filed not less than twenty-four (24) hours in advance of such parade, picket line, or group demonstration which application shall specify the time and place for the commencement of any such picket line and the time, place, route, and duration of any such parade or group demonstration. (2) Require that the application for a permit specify whether or not minors below the age of eighteen (18) years will be permitted to participate. (3) Require that the application for a permit shall specify and the permit shall designate the person or persons in charge of the activity. Such person

127 Licensing and Regulation 6-11 shall be required to accompany the parade, picket line, or group demonstration and shall carry such permit with him at that time. Such permit shall not be valid in the possession of any other person. Section Certain activities prohibited. The following acts or activities, when performed or undertaken in conjunction with or as a part of, any parade, picket line, or group demonstration, are hereby prohibited and declared unlawful: (1) The carrying on or about the person any firearm, or any weapon or article, including but not limited to blackjacks, nightsticks, or flashlights which by their use might constitute a deadly weapon; (2) The taking or keeping of any dog or other vicious animal, whether leashed or unleashed. which the picketing is done; provided, the words used are not derogatory or defamatory in nature, (4) Pickets must march in single file and not abreast and must not march closer together than fifteen (15) feet, except in passing one another. Section Exceptions. Section through shall not apply to: (1) Funeral processions; (2) Any governmental agency acting within the scope of its functions. Section Revocation of permit. The chief of police shall revoke any permit granted for a parade, picket line, or group demonstration for any of the following causes: (1) The violation by any participant of section of this article; (2) The failure to comply with the terms and conditions of the permit. Section Interference prohibited. No person shall hamper, obstruct, impede, or interfere with any parade, picket line, or group demonstration being conducted under authority of a permit duly issued by the chief of police. Section Additional regulations applicable to picketing. Picket lines and picketing shall be subject to the following additional regulations; (1) Picketing may be conducted only on the sidewalks reserved for pedestrian movement, and may not be conducted on the portion of a street used primarily for vehicular traffic; (2) Not more than ten (10) pickets promoting the same objective shall be permitted to use either of the two (2) sidewalks within a single block at any one (1) time; (3) Pickets may carry written or printed placards or signs not exceeding two (2) feet in width and two (2) feet in length promoting the objective for

128 Motor Vehicles and Traffic 7-1 PART 7 Section Section Motor Vehicles and Traffic Section Section CHAPTER 1 Section General Traffic Regulations ARTICLE A Words and Phrases defined Section Definitions of words and phrases. Sections through reserved. Interference with official traffic-control devices, signs or signals. Authority to establish play streets. Traffic lanes. Zone of quiet. School zones. Section Yield signs. Sections through reserved. ARTICLE E Speed Regulations Section General. Section Exceptions. Sections through reserved. ARTICLE B Traffic Administration Section Definitions. Section License tax levied; period of taxation. Section License plates or stickers; duplicates. Section Display of license plate or sticker. Section License plates or stickers not transferable. Section Exemptions. Section Taxicabs. Section Defacing or altering license plate or sticker. Section Penalties for violation. Section reserved. ARTICLE C Enforcement and Obedience to Traffic Regulations Section Application of chapter to person riding, propelling, etc., pushcarts, tractors, trailers, carts, animals, etc. Section Public employees to obey traffic regulations. Section Authority of police and fire department officials. Section Obedience to police and fire department officials. Section Use of coasters, roller skates, and similar devices restricted. Section Authorized emergency vehicles. Section through reserved. ARTICLE D ARTICLE F Turning Movements Section Required position and method of turning at intersections. Section Turning markers. Section Authority to place restricted turn signs. Section Obedience to no-turn signs. Section Limitations on turning around. Sections through reserved. ARTICLE G One-way Streets and Alleys Section Authority to sign one-way streets and alleys. Section One-way streets and alleys. Sections through reserved. ARTICLE H Special Stops Required Section Through streets designated. Section Authority to erect stop signs. Section Intersections where stop required Section Signs to bear the word "Stop." Section Vehicles to stop at stop signs. Section Emerging from alley, driveway, or buildings. Sections through reserved. ARTICLE I Miscellaneous Driving Rules Section Section Section Section Section Section Section Traffic-Control Devices Obedience to signs, etc., generally. Signs as prerequisite to enforcement. Specifications for traffic-control devices. Traffic-control signal legend. Pedestrian control signals. Flashing signals. Display of unauthorized signs, signals, or markings. Section Section Section Section Section Section Section Section Stop before entering a through street. Stop when traffic obstructed. Driving through funeral processions. Vehicles shall not be driven on the sidewalk. Clinging to moving vehicles. Use of coaster, roller skates, and similar devices restricted. Moving cars from parked positions. Driving on roadways laned for traffic.

129 Motor Vehicles and Traffic 7-2 Sections through reserved. Section Passenger loading zones. Section Commercial loading zones. ARTICLE J Section Public carrier stops and stands. Section Stopping, standing, and parking of buses Pedestrians' Rights and Duties and taxicabs regulated. Section Restricted use of bus and taxicabs stands. Section Pedestrians subject to traffic-control signals. Sections through reserved. Section Pedestrians' right-of-way in crosswalk. ARTICLE O Section Pedestrians to use right half of crosswalk. Section Crossing at right angles. Stopping, Standing, or Parking Restricted or Prohibited on Section When pedestrian shall yield. Certain Streets Section Pedestrians walking along roadways. Section Pedestrians soliciting rides or business. Section Application of article. Section Drivers to exercise due care. Section Regulations not exclusive. Sections through reserved. Section Parking prohibited at all times on certain streets. Section Parking time limited on certain streets. ARTICLE K Section Section Parking signs required. Vehicles not to stop in streets, exceptions. (Reserved) Section Parking prohibited between 6:00 p.m. and 6:00 a.m. Sections through reserved. Section Resident parking only on certain streets. Sections through reserved. ARTICLE L Method of Parking Section Standing or parking close to curb. Section Signs or markings indicating angle parking. Section Obedience to angle parking signs or markings. Section Lights on parked vehicles. Section Vehicles backed up to curb. Section Unattended vehicles. Section through reserved. ARTICLE M Stopping, Standing, or Parking Prohibited in Specified Places Section Stopping, standing, or parking prohibited. No signs required. Section Parking not to obstruct traffic. Section Parking in alleys. Section All-night parking prohibited. Section Standing or parking for certain purposes prohibited. Section Parking adjacent to schools. Section Standing or parking on one-way roadways. Section No stopping, standing, or parking near hazardous or congested places. Section Stopping, standing, or parking for primary purpose of advertising, prohibited. Section Parking of trucks. Section through reserved. Section ARTICLE N Stopping for Loading or Unloading Only Loading and unloading zones. ARTICLE A Words and Phrases Defined Section Definitions or words and phrases. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except in any instance where otherwise specifically provided or where the context clearly indicates a different meaning. (1) Alley. A throughfare through the middle of a block. (2) Authorized emergency vehicle. Vehicles of the Fire Department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporation as are designated or authorized by the Chief of Police. (3) Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is over twenty (20) inches in diameter. (4) Block. A portion of any street located between any two (2) intersections of any two (2) streets or public alleyways next adjacent to each other. (5) Commercial Vehicle. Every vehicle designed, maintained, or used primarily for the transportation of property. (6)Controlled-access highway. Every highway, street, or roadway in respect to which owners or

130 Motor Vehicles and Traffic 7-3 occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (7) Crosswalk. That portion of any street or roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections. Any portion of a roadway or street distinctly indicated for pedestrian crossing by lines or other markings on the surface of such street or roadway. (8) Curb loading zone. A space adjacent to a curb reserved for the exclusive use of vehicles dating the loading or unloading of passengers or materials. (9) Driver. Every person who shall drive or who shall be in actual physical control of the operation of any vehicle. (10) Freight curb loading zone. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers. (11) Intersection. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of the two (2) highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. (12) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. (13) Motorcycle. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the Found, but excluding a tractor. (14) Motor vehicle.every vehicle which is selfpropelled and every vehicle designed to run upon the streets which is pulled by a self-propelled vehicle. (15) Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this Town. (16) Official traffic-control device. Any sign, signal, marking or device, not inconsistent with this chapter, placed or erected by authority of the governing body by a designated official having jurisdiction through authority given by the governing body, for the purpose of regulating, warning, prohibiting or guiding traffic upon the public streets and thoroughfares of the Town. (17) Official traffic signals. Any device, whether manually, electrically or mechanically operated, whereby traffic is alternately directed to stop and to proceed, or to turn, or to proceed with caution. (18) Park. The standing of any vehicle, whether occupied or unoccupied. otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers or cargo. (19) Passenger curb loading zone. A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (20) Pedestrian. Any person afoot. (21) Person. Every natural person, firm, copartnership, association, or corporation. (22) Police officer. Every peace officer of the Town, including every employee of the Town authorized and empowered to regulate traffic and to make arrests for any violations of the provisions of this chapter. (23) Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implies permission from the owner, but not by other persons. (24) Public conveyance. Any vehicle other than a taxicab or railroad train for transporting persons for a fare. (25) Right-of-way. The privilege of the immediate use of the street or roadway. (26) Roadway. That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadways

131 Motor Vehicles and Traffic 7-4 separately but not to all such roadways collectively. (27) Safety zone. The area or space officially set apart within any roadway for the exclusive use of pedestrians and which space shall be so protected or marked or indicated by visible and adequate markers or signs as shall be visible at all times while so set apart as a safety zone for pedestrians. (28) Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (29) Standing. Any stopping of any vehicle, whether or not the vehicle is occupied during such period of stopping. (30) Stop. When required means the complete cessation of movement of any vehicle. (31) Stop or stopping. When prohibited, means any stopping of any vehicle, except when such stopping means that it shall be necessary to stop such vehicle to avoid conflict with other traffic or in compliance with section of any peace officer of the Town or by reason of ant traffic-control sign or signal or by reason of any emergency. (32) Street and highway. The entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. (33) Through highway. Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter. (34) Traffic. Pedestrians, ridden or herded animals, vehicles of all kinds, conveyances, tractors, bicycles, motorcycles and the like, either singly or together, while using any street or alleyway for travel, including the operation of, the loading or unloading of or the parking of any vehicle upon any of the public streets of the Town. (35) Traffic bureau. The traffic division of the Police Department of this Town, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the Police Department of this Town. (36) Vehicle. Every device used in, upon, or by which any person or property is or may be transported or drawn upon any street within the corporate limits, and for the purposes of this chapter any bicycle shall be deemed a vehicle. Sections through reserved.

132 Motor Vehicles and Traffic 7-5 ARTICLE B Traffic Administration Section Definitions. The following words and phrases are defined and shall be construed as set out below. (1) Motor Vehicle. Every vehicle which is selfpropelled, not including mopeds as defined in G.S (27)dl. (2) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed tracks or rails. (3) Resident within the Town For purposes of determining whether a motor vehicle is resident within the Town, the provisions of G.S , and other relevant provisions of the Machinery Act, shall be applicable, and any such motor vehicle which would be subject to ad valorem property taxation thereunder shall be subject to the tax imposed by this ordinance, specifically including motor vehicles which become resident within the Town after January 1 of any year, unless exempted by a provision of this ordinance. (Ord. of 3/5/87, Sec.1) Section License tax levied; period of taxation. There is hereby levied a license tax of five dollars ($5.00) per year on every motor vehicle resident within the Town and licensed or required to be licensed by the State. The tax shall be paid for each calendar year period from January 1 through December 31, and shall not be pro-rated. (Ord. of 3/5/87, Sec. 2) Section License plates or stickers; duplicates. For each motor vehicle taxed, the appropriate official shall issue to the person paying the tax an appropriate license plate or sticker, as determined by the Board of Commissioners. If any such license play or sticker has been lost, stolen, destroyed or mutilated upon recognition, a duplicate shall be issued upon payment of original cost. (Ord. of 3/5/87, Sec. 3) Section Display of license plate or sticker. License plates, when authorized for issuance by the Board of Commissioners, shall be conspicuously displayed in the lower right-hand corner of the front windshield of the motor vehicle for which issued, not more than one (1) inch from the edge thereof, facing outward from the vehicle. License stickers for vehicles which do not have a front windshield shall be conspicuously displayed on the exterior of the front portion of the vehicle. License stickers authorized for issuance by the Board of Commissioners under this ordinance shall be of a color different from that of any vehicle inspection sticker required to be displayed during any part of the applicable calendar year by the State. The applicable license plate or sticker shall be displayed as provided herein at or before 12:00 midnight on February 15 in each calendar year; provided that the applicable license plate or sticker for any motor vehicle which is purchased or becomes resident within the Town after February 15 in any calendar year shall be displayed immediately on the date upon which the tax imposed by this ordinance becomes due and payable. (Ord. of 3/5/87, Sec. 4) Section License plates or stickers not transferable. A license plate or sticker shall not be transferred from one vehicle to another. If ownership of a motor vehicle is transferred after the license tax for that calendar year has been paid, and the vehicle remains resident in the Town, the vehicle shall not be subject to additional tax for that calendar year; provided that the applicable license tag or sticker must be displayed as provided in this ordinance. (Ord. of 3/5/87, Sec. 5) Section Exemptions. The motor vehicle license tax levied by this ordinance shall not apply to motor vehicles belonging to members of the armed forces of the United States who are exempt from payment of such taxes by any applicable provision of the United States Code. The tax also shall not apply to motor vehicles held for sale as a part of the business inventory of any licensed motor vehicle dealer. The tax imposed by this ordinance need not be paid, and the applicable license plates or

133 Motor Vehicles and Traffic 7-6 stickers need not be displayed, until after a motor vehicle shall have been resident within the Town for a period of thirty (30) days. Any motor vehicle which becomes resident within the Town after November 30 of any calendar year shall not be subject to the tax for that calendar year. (Ord. of 3/5/87, Sec. 6) Section Taxicabs. Every person engaged in the business of operating taxicabs shall pay an annual license tax for each vehicle so operated in the Town in the amount of fifteen dollars ($15.00), in addition to the tax otherwise imposed by this ordinance, for the same calendar year period and subject to the applicable provisions of this ordinance. Payment of the tax shall be evidenced by issuance of a license certificate, plate or sticker, as directed by the Board of Commissioners. If a license certificate is issued, it shall be displayed prominently inside the taxicab and made available for inspection upon request of any authorized officer or agent of the Town. If a license plate or sticker is issued, it shall be displayed in accordance with the applicable provisions of this ordinance. (Ord. of 3/5/87, Sec. 7) of fifty dollars ($50.00). Officers of the Town police department are hereby authorized to issue civil citations of violation of this ordinance. Assessed civil penalties may be recovered by the Town in a civil action in the nature of debt the owner does not pay the penalty within a period of ten working days after the citation is issued, pursuant to G.S. 160-A-175. (Ord. of 3/5/87, Sec, 9) Section reserved. Section Defacing or altering license plate or sticker prohibited. It shall be unlawful for any person other than the owner of the motor vehicle to willfully mutilate, paint or otherwise deface in any manner a license plate or sticker issued by the Town for current display on any motor vehicle. It shall also be unlawful for any person to willfully alter or modify a license plate or sticker issued by the Town for current display on any motor vehicle. (Ord. of 3/5/87, Sec. 8) Section Penalties for violation. (a) Violation of this ordinance shall constitute a criminal misdemeanor, punishable upon conviction by a fine not to exceed fifty dollars ($50.00) or imprisonment for not more than thirty (30) days, as provided in G.S (b) In lieu of or in addition to other available remedies, the owner of any motor vehicle subject to the tax imposed by this ordinance but not displaying the required license plate or sticker as provided in this ordinance shall pay a civil penalty

134 Motor Vehicles and Traffic 7-7 ARTICLE C Enforcement and Obedience to Traffic Regulations Section Application of chapter to person riding, propelling etc., pushcarts, tractors, trailers, carts, animals, etc. Every person operating, riding, propelling or driving any pushcart, tractor, trailer, bicycle, buggy, cart or other type of machine or conveyance or any person riding or driving or leading an animal upon any of the public streets of the Town shall be subject to the provision of this chapter, except those provisions of this chapter which by their very nature can have no application (Code 1967, Ch. F, Art. II, Sec. 6) Section Public employees to obey traffic regulations. The provisions of this chapter applicable to the drivers of vehicles upon streets shall apply to the driver of any vehicle owned by or used in the service of the United States government, this State or any other state, or any county or city. It shall be unlawful for any such driver to violate any such provisions of this chapter, except as otherwise permitted in this chapter of by State statute. (Code 1967, Ch. F, Art. II, Sec. 4) Section Authority of police and fire department officials. (a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws and all of the State vehicle laws applicable to street traffic. (b) Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. Section Obedience to police and fire department officials. No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. Section Use of coasters, roller skates, and similar devices restricted. No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties, applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance. Cross Reference: For provisions as to play streets see section of this chapter. Section Authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren,, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp displaying a light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle except that an authorized emergency vehicle operated as a police

135 Motor Vehicles and Traffic 7-8 vehicle need not be equipped with or display a light visible from in front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Sections through reserved. ARTICLE D Traffic-Control Devices Section Obedience to signs, etc., generally. Any person failing or refusing to comply with the directions indicated on any sign, marker or device for the control or direction of traffic erected or placed in accordance with the provisions of this chapter when so placed or erected shall be guilty of a misdemeanor. This section shall not be construed to apply when the driver of a vehicle is otherwise directed by a police officer or when an exception is granted to the driver of an authorized emergency vehicle under section Section Signs as prerequisite to enforcement. No provisions of this chapter for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to an ordinarily observant person. Whenever any particular section in this chapter does not state that signs are required, such section shall be effective without signs being placed to give notice thereof. Section Specifications for traffic-control devices. All traffic-control signs, signals, and devices shall conform to State regulations. All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location. All traffic-control devices so erected and not inconsistent with the provisions of State law or this article shall be official traffic-control devices. Section Traffic-control signal legend. Whenever traffic is controlled by traffic-control signals (Appendix 1, Section 135) exhibiting the words, "Go," "Caution," or "Stop," or exhibiting different colored lights successively one (1) at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: (1) Green alone or "Go."

136 Motor Vehicles and Traffic 7-9 a. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. b. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (2) Yellow alone or "Caution" when shown following the green or "Go" signal. a. Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited. b. No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone unless authorized so to do by a pedestrian "Walk" signal. (3) Red alone or "Stop." a. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. Provided, however, that if a sign is not erected prohibiting turns on red lights, the vehicles may turn right on red lights after coming to a complete stop. Streets on which right turns on red are allowed are set out in Appendix 1, Section 131 hereof. b. No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone unless authorized so to do by a pedestrian "Walk" signal. (4) Red with green arrow. a. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. b. No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone unless authorized so to do by a pedestrian "Walk" signal. (5) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. Section Pedestrian control signals. Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" are in place such signals shall indicate as follows: (1) "Walk." Pedestrians facing such signals may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles. (2) "Don't Walk." No pedestrian shall start to cross the highway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "Walk" signal shall proceed to a sidewalk or safety island while the "Don't Walk" signal is showing. Section Flashing signals. Whenever flashing red or yellow signals are used, they shall require obedience by vehicular traffic as follows: (1) Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall come to a complete stop before entering the nearest crosswalk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. In no event shall such vehicle be driven into such crosswalk unless and until such entry can be made with safety to other persons and property at such place. (2) Flashing yellow (Caution signal) (Appendix 1, Section 137). When a yellow lens is illuminated with rapid intermittent flashes, drivers or operators of vehicles may proceed through such intersection past such signal only with caution. Section Display of unauthorized signs, signals, or markings. (a) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is imitation of or resembles an official traffic-control device, sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the

137 Motor Vehicles and Traffic 7-10 effectiveness of any official traffic-control device, sign or signal. (b) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (c) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. Section Interference with official traffic-control devices, signs or signals. Section School zones. Whenever authorized signs are placed designating any street, or part thereof, as a school zone, drivers of motor vehicles using said street, shall exercise the greatest care for the protection of children. Section Yield signs. Whenever yield right-of-way signs are used they shall require vehicular traffic to yield the right-ofway to other intersecting traffic from any other road or street. Yield right-of-way signs shall be located at the streets designated in Appendix 1, Section 132, hereby made a part hereof. Sections through reserved. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device, sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. Section Authority to establish play streets. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof. Section Traffic lanes. Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. Section Zone of quiet. Whenever authorized signs are placed indicating a zone of quiet, the person operating a motor vehicle within such zone shall not sound the horn or any other warning device, except in an emergency.

138 Motor Vehicles and Traffic 7-11 ARTICLE E (7) Fifty-five (55 miles per hour (Appendix I, Section 128) Speed Regulations Sections through reserved. Section General. Except as otherwise provided in this article, it shall be unlawful to operate a vehicle in excess of thirty-five (35) miles per hour inside the municipal corporate limits. Section Exceptions. (a) It shall be unlawful to operate a vehicle in excess of the speeds listed below upon the streets or portions of streets of the State Highway System listed in each designated Appendix hereby made a part hereof: (1) Twenty (20) miles per hour (Appendix, 1, Section 115) (2) Twenty-five (25) miles per hour (Appendix I, Section 116) (3) Thirty (30) miles per hour (Appendix I, Section 117) (4) Forty (40) miles per hour (Appendix I, Section 118) (5) Forty-five (45) miles per hour (Appendix I, Section 119) (6) Fifty (50) miles per hour (Appendix I, Section 120) (7) Fifty-five (55) miles per hour (Appendix I, Section 121) (b) It shall be unlawful to operate a vehicle in excess of the speeds listed below upon the streets or portions of streets, not a part of the State Highway System, listed in each designated Appendix, hereby made a part hereof: (1) Twenty (20) miles per hour (Appendix I, Section 122) (2) Twenty-five (25) miles per hour (Appendix I, Section 123) (3) Thirty (30) miles per hour (Appendix I, Section 124) (4) Forty (40) miles per hour (Appendix I, Section 125) (5) Forty-five (45) miles per hour (Appendix I, Section 126) (6) Fifty (50) miles per hour (Appendix I, Section 127)

139 Motor Vehicles and Traffic 7-12 ARTICLE F Turning Movements Section Required position and method of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows: (1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. (2) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. (3) Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. shall be plainly indicated on the signs or they may be removed when such turns are permitted. Restrictions on turning movements shall be as specified in Appendix 1, Sections 111 through 114, hereby incorporated herein. Section Obedience to no-turn signs. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. Section Limitations around. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic. Sections through reserved. Section Turning markers. When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. Section Authority to place restricted turn signs. The Board shall determined those intersections at which drivers of vehicles shall not make a right, left, or U-turn and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same

140 Motor Vehicles and Traffic 7-13 ARTICLE G One-Way Streets and Alleys Section Authority to sign one-way streets and alleys. Whenever any ordinance designates any one-way street or alley there shall be signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. Section One-way streets and alleys. Upon those streets and parts of streets and in those alleys described in Appendix 1, Section I 10, hereby made a part hereof, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. Sections through reserved. ARTICLE H Special Stops Required Section Through streets designated. Those streets and parts of streets described in Appendix 1, Section 108, hereby made a part hereof, are declared to be through streets for the purpose of this article. Section Authority to erect stop signs. Whenever any ordinance designates and describes a through street, there shall be a stop sign on each and every street intersecting such through street or intersecting portion thereof described and designated as such by any ordinance unless traffic at any such intersection is controlled at all times by traffic-control signals; provided, however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets. Section Intersections where stop required. The Board may determine and designate intersections where particular hazard exists upon other than through streets and may determine whether vehicles shall stop at one (1) or more entrances to any such stop intersection, and shall erect a stop sign at every such place where a stop is required. Such places are specified in Appendix I, Section 109, hereby made a part hereof. Section Signs to bear the word "Stop. Every sign erected pursuant to this article shall bear the word "Stop" in letters not less than eight (8) inches in height and such signs shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest line of the crosswalk on the near side of the intersection or, if none, at the nearest line of the roadway.

141 Motor Vehicles and Traffic 7-14 Section Vehicles to stop at stop signs. When stop signs are erected as herein authorized at or near the entrance to any intersection, every driver of a vehicle shall stop before entering the crosswalk on the near side of the intersection or in the event there is no crosswalk shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer or traffic-control signal. Section way, or buildings. Emerging from alley, drive- The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, yielding the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. ARTICLE I Miscellaneous Driving Rules Section Stop before entering a through street. When stop signs are placed, erected, or installed upon highways intersecting a through street at the entrance thereto, or at the entrance to any intersection, every driver of a vehicle, or street car, shall stop in obedience to such signs before entering the intersection and shall not proceed into, or across, the through street until he has first determined that no conflict with traffic will be involved. (Code 1967, Ch. F, Art. V, Sec. 1) Section Stop when traffic obstructed. No driver shall enter an intersection, or a marked crosswalk, unless there is sufficient space on the other side of the intersection or crosswalk, to accommodate the vehicle he is operating without obstructing the passage of other vehicles, or pedestrians, notwithstanding any traffic control signal indication to proceed. (Code 1967, Ch. F, Art. V, Sec. 2) Sections through reserved. Section processions. Driving through funeral No vehicle shall be driven through a funeral procession, except fire department vehicles, police patrols and ambulances, when the same are responding to calls. (Code 1967, Ch. F, Art. V, Sec. 4) Section Vehicles shall not be driven on the sidewalk. The driver of a vehicle shall not drive within any sidewalk area. (Code 1967, Ch. F, Art. V, Sec. 6) Section Clinging to moving vehicles. Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle, shall not attach the same, or himself, to any public conveyance, or moving vehicle upon any roadway. (Code 1967, Ch. F, Art. V, Sec. 7)

142 Motor Vehicles and Traffic 7-15 Section Use of coaster, roller skates, and similar devices restricted. No person upon roller skates, or riding in, or by means of, any coaster, toy vehicle, or similar device, shall go upon any roadway, unless it be while crossing a street at a crosswalk or intersection, except upon streets set aside as play streets. (Code 1967, Ch. F, Art. V, Sec. 8) Section Moving cars from parked positions. Cars parked shall move out in the direction headed, or if they are parked at an angle with the curb they shall back out on that angle until they have cleared the other cars and shall then proceed in the direction they are most nearly headed in. (Code 1967, Ch. F, Art. V, Sec. 9) Section Driving on roadways laned for traffic. All vehicles operated on any roadway which has been clearly marked with lanes for traffic, shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (Code 1967, Ch. F, Art. V, Sec. 11) Sections through reserved. ARTICLE J Pedestrians' Rights and Duties Section Pedestrians subject to trafficcontrol signals. Pedestrians shall be subject to traffic-control signals as heretofore declared in section and of this chapter, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this article. Section Pedestrians' right-of-way in crosswalk. (a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, which is so close that it is impossible for the driver to yield. A pedestrian's right-of-way in a crosswalk is modified under the condition and as stated in section (b). (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Section Pedestrians to use right half of crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. Section Crossing at right angles. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

143 Motor Vehicles and Traffic 7-16 Section When pedestrian shall yield. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-ofway to all vehicles upon the roadway. Section Pedestrians walking along roadways. (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Section Pedestrians soliciting rides or business. (a) No person shall stand in a roadway for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle. (b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding or any vehicle while parked or about to be parked on a street or highway. Section Drivers to exercise due care. Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway; shall give warning by sounding the horn when necessary; and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. Sections through reserved. ARTICLE K Regulations for Bicycles Section Effect of regulations. (a) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article. (b) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein. Section Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this State declaring rules of the road applicable to vehicles or by this chapter applicable to the driver of a vehicle, except as to special regulations in this article and except as to those provisions of laws and ordinances which by their nature can have no application. Section Obedience to traffic-control devices. (a) Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. (b) Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which even such person shall then obey the regulations applicable to pedestrians. Section Riding on bicycles. (a) A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. (b) No bicycle shall be used to carry more

144 Motor Vehicles and Traffic 7-17 persons at one time than the number for which it is designed and equipped. Section Riding on roadways and bicycle paths. (a) Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders shall use such path and shall not use the roadway. Section Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. Section Emerging from alley or driveway. The operator of a bicycle emerging from an alley, driveway or building, shall upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. Section Carrying articles. No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one (1) hand upon the handle bars. Section Riding on sidewalks. (a) No person shall ride a bicycle upon a sidewalk within a business district. (b) The Chief of Police is authorized to erect signs on any roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same. (c) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. Section Lamps and other equipment on bicycles. (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. (b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle. (c) Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheel skid on dry, level, clean pavement. Sections through reserved. Section Parking. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

145 Motor Vehicles and Traffic 7-18 ARTICLE L Method of Parking Section Standing or parking close to curb. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as otherwise provided in this article. (c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Section Vehicles backed up to curb. In no case shall a vehicle remain backed up to the curb, except when actually loading or unloading. Section Unattended vehicles. It shall be unlawful for any person to leave the engine or motor of any motor vehicle running while the same is standing parked upon the streets. Sections through reserved. Section Signs or markings indicating angle parking. (a) The Board shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, which are specified in Appendix 1, Section 107, hereby made a part hereof. (b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street. Section Obedience to angle parking signs or markings. Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. Section Lights on parked vehicles. (a) Whenever a vehicle is lawfully parked at nighttime upon any street within a business or residence district no lights need be displayed upon such parked vehicle. (b) Whenever a vehicle is parked upon a street or highway outside of a business or residence district during the hours between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of the vehicle and a red light visible from a distance of five hundred (500) feet to the rear.

146 Motor Vehicles and Traffic 7-19 ARTICLE M conditions as to leave available less than ten (10) feet of the width of the roadway for free Stopping, Standing, or Parking Prohibited in movement of vehicular traffic. Specified Places Section Parking in alleys. Section Stopping, standing, or parking prohibited. No signs required. (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within fifteen (15) feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty (20) feet of a crosswalk at an intersection; (7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway; (8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless signs or markings indicate a different length; (9) Within fifty (50) feet of the nearest rail of a railroad crossing; (10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when properly signposted); (11) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (12) On a roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (14) At any place where official signs prohibit stopping. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. Section Parking not to obstruct traffic. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley, in such position as to block the driveway entrance to any abutting property. Section All-night parking prohibited. When respective signs are placed in certain streets, no person shall park a vehicle between the hours of 12:00 midnight and 6:00 a.m. upon any of the streets described in Appendix I, Section 102, hereby made a part hereof, provided that this section shall not apply to automobiles, or other vehicles, if their owners are at work in the building, or on the premises, near which said vehicles are parked. Section Standing or parking for certain purposes prohibited. It shall be unlawful for any person to stand or park a vehicle upon any street of the Town for the principal purposes of: (1) Displaying for sale; (2) Washing, greasing or repairing such vehicle, except repairs made necessary by a bona fide emergency; (3) Storing by garages, dealers or other persons when such storing is not incident to the bona fide use and operation of such automobile or other vehicle; and (4) Storing of any detached trailer or van when the towing unit has been disconnected or for the purpose of transferring merchandise or freight from one vehicle to another. Section Parking adjacent to schools. When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

147 Motor Vehicles and Traffic 7-20 Section Standing or parking on one-way roadways. In the event a highway includes two (2) or more separate roadways and traffic is restricted to one (1) direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. Section No stopping, standing, or parking near hazardous or congested places. When official signs are erected at hazardous or congested places no person shall stop, stand, or park a vehicle in any such designated place. Section Stopping, standing, or parking for primary purpose of advertising, prohibited. No person shall stand, or park, on any street any vehicle for the primary purpose of advertising. Section Parking of trucks. It shall be unlawful to park any trucks on the west side of Granville Street between King Street and Queen Street. Sections through reserved. ARTICLE N Stopping for Loading or Unloading Only Section Loading and unloading zones. Whenever vehicle loading and unloading zones are designated and described by this article and when signs are place, erected or installed, giving notice thereof, it shall be unlawful for any person to stop, stand or park any vehicle for any purpose or period of time except in accordance with the requirements of this article. Section Passenger loading zones. The streets, or parts thereof, described in Appendix 1, Section 129, hereby incorporated herein, are hereby designated as passenger loading and unloading zones, and no person shall stop, stand or park a vehicle therein during the hours of 8:00 a.m. to 6:00 p.m. for any purpose other than the expeditious loading or unloading of passengers, and then only for a period not to exceed ten (10) minutes. Section Commercial loading zones. The streets, or parts thereof, described in Appendix 1, Section 130, hereby incorporated herein, are hereby designated as commercial loading and unloading zones and no person shall stop, stand or park a vehicle therein during the hours of 8:00 a.m. to 6:00 p.m. for any purpose other than the expeditious unloading and delivery, or pickup and loading of materials and goods, and then only for a period not to exceed thirty (30) minutes. Section Public carrier stops and stands. Bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles, designated by appropriate signs, shall be as specified in Appendix 1, Section 106, hereby made a part hereof. Section Stopping, standing, and parking of buses and taxicabs regulated. (a) The operator of a bus shall not stand or park such vehicle upon any street at any place other

148 Motor Vehicles and Traffic 7-21 than at a bus stand so designated as provided herein. (b) The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand, or passenger loading zone so designated as provided herein, except in case of an emergency. (c) The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen (18) inches from the curb, and the bus approximately parallel to the curb, so as not to unduly impede the movement of other vehicular traffic. (d) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. Section Restricted use of bus and taxicab stands. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such zone. Sections through reserved. ARTICLE O Stopping, Standing, or Parking Restricted or Prohibited on Certain Streets Section Application of article. The provisions of this article prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. Section Regulations not exclusive. The provisions of this article imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. Section Parking prohibited at all times on certain streets. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described in Appendix 1, section 10 1, hereby made a part hereof. Section Parking time limited on certain streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than the times specified within the district or upon any of the streets described in Appendix 1, Sections 104 through 105 and 138, hereby made a part hereof. Section Parking signs required. Whenever by this or any other article any parking time limit is imposed or parking is prohibited on designated streets there shall be appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense.

149 Motor Vehicles and Traffic 7-22 Section Vehicles not to stop in streets, exceptions. No vehicle shall stop in any street, except for the purpose of parking as prescribed in this chapter, unless such stop is made necessary by the approach of fire apparatus, by the approach of a funeral or other procession which is given right-of-way, by the stopping of a public conveyance, by the lowering of railway gates, by being given countermanding traffic signals, by the passing of some other vehicle or a pedestrian, or by some emergency; in all cases covered by these exceptions said vehicles shall stop so as not to obstruct any footway, pedestrian aisle, safety zone, crossing, or street intersection if it can be avoided. Section Parking prohibited between 6:00 p.m. and 6:00 a.m. No person shall park a vehicle after the hour of 6:00 p.m., and before the hour of 6:00 a.m., on the streets or portion of streets specified in Appendix 1, Section 103, hereby made a part hereof. Section Resident parking only on certain streets. On streets marked with "Resident Parking Only" signs, only residents, or their visitors, of dwellings abutting said streets shall be allowed to park. "Resident Parking Only" streets are specified in Appendix 1, Section 136, hereby made a part hereof. Sections through reserved.

150 Nuisances 8-1 Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 PART 8 Nuisances Definition and Authority Animals Abandoned/Derelict Vehicles Weeds, Hedges Tall Grass, and Other Vegetation Rubbish, Litter General Health Regulations Disorderly Conduct Other General Nuisances CHAPTER 1 Definition and Authority ARTICLE A Authority, Purpose, Enactment Section Authority. Section Purposes. Section Enactment. Section Conflicting ordinances. Section Separability. Section Inclusions. Sections through reserved. Section Section Section Section Section Section Section Section Section Section ARTICLE B Definition/ Procedure Definition. Illustrative enumeration. Prohibited. Notice to abate. Contents of notice. Service of notice. Abatement by Town. Payment of costs. Criminal action, other civil remedies. Effective date. ARTICLE A Authority, Purpose, Enactment Section Authority. This chapter and subsequent chapters, is adopted pursuant to the authority granted to North Carolina municipalities through the North Carolina General Statutes Chapter 160A, Article 8. (Ord. of 3/25/86) Section Purposes. It is in the intent of this part 8 and its subsequent chapters, to encourage a clean, healthy and satisfying environment for its citizens, one free from nuisances, eyesores, unhealthy or devaluating conditions. To these ends, this part 8 seeks to regulate, identify and provide a means to enforce the regulations, to protect the health, safety, and welfare of residents and property owners. (Ord. of 3/25/86) Section Enactment. For the purposes cited above and for the general purposes of promoting the health, safety, and general welfare of the Town, the Board of Commissioners does hereby ordain, adopt, and enact this part 8 in its entirety, including text, and all regulations, all of which shall be known as the Erwin Nuisance Ordinance. This part 8 shall apply to all land within the corporate limits of the Town. (Ord. of 3/25/86) Section Conflicting ordinances. All ordinances or parts of ordinances in conflict with this part 8 or inconsistent with its provisions, specifically including previous ordinances of the Town or amendments thereto, are hereby repealed or superseded to the extent necessary to give this part 8 full force and effect. (Ord. of 3/25/86) Section Separability. Should any provision of this part 8 be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this part 8 as a whole or any part hereof except that specific provision which was the subject of the declaration. (Ord. of 3/25/86) Section Inclusions. Current sections of part 8 of the Code of Ordinances for the Town, that will remain in effect and incorporated into this new part 8 are as follows: Part 8 Chapter 2, Articles A-Animals and B-Dogs Part 8 Chapter 1, Disorderly Conduct renumbered to Chapter 7

151 Nuisances 8-2 Part 8 Chapter 5, General Health Regulations renumbered to Chapter 6 and Part 8 Chapter 6, Other General Nuisances renumbered to Chapter 8 (Ord. of 3/25/86) Sections through reserved. ARTICLE B Definition/ Procedure Section Definition. For the purposes of this chapter, a public nuisance is a thing, act, occupation, or use of property or things that: (a) A public nuisance is a thing, act, occupation, or use of property or things that: (1) Annoys, injures, or endangers the safety, health, comfort, welfare, or repose of any considerable number of persons; (2) Without permission of the owner or the trustee thereof, interferes with, obstructs, or tends to obstruct, or renders dangerous or hazardous for passage or use, any navigable water or public place; (3) In any way renders any considerable number of persons insecure in life, physical safety, or in the use of property; or (4) Adversely and unreasonably affects the community or neighborhood. (b) This Chapter, as well as other Sections of the Code, declare certain uses, actions, and activities to be public nuisances. It is the express intent of the Town Board that those declarations are in addition to, and not subject to, the generic determinations of public nuisances contained in and authorized by this Section. Further, none of the express declarations of public nuisances contained in this Chapter or the Code are to or shall be construed to be exclusive or in any other way to limit the authority of the Town to identify and abate public nuisances pursuant to Town, County, State, or Federal law. (c) For purposes of this Chapter, "animal" means every organism of the animal kingdom, one of the three divisions into which natural objects have been traditionally divided, the others being mineral and plant. "Animal" includes but is not limited to, any amphibian, bird, mammal, reptile, fish, or insect. (Ord. of 3/25/86) (Ord. of 10/5/95) Section Illustrative enumeration. HEALTH NUISANCES The following are expressly declared to be public nuisances adversely affecting the public health: (a) All decayed, infected, or unwholesome food, bartered, sold, or offered for sale to the public, or

152 Nuisances designed or offered for human consumption, including milk from diseased or otherwise unfit animals; (b) All animals affected with disease or animal disease carriers, when the disease is one that may adversely affect the health of humans or other animals; (c) All ponds, pools, depressions, or vessels holding stagnant water in which mosquitos may breed; (d) All ponds, pools, or vessels holding stagnant water that is generating or may tend to generate offensive or dangerous gasses; (e) All uncovered or inadequately covered accumulations of manure, plant material, fruits, or rubbish that provide a breeding place for flies, mosquitos, or vermin, or which release gases; (f) Pollution or contamination of any water supply or water course by sewage, creamery, industrial, chemical, oil, junk, debris, or any other waste or product; (g) Smoke, fumes, gas, dust, soot, cinders, or other particulate matter in such quantities as to render the occupancy or use of property uncomfortable to a person of ordinary sensibilities; (h) Public exposure of persons having a contagious disease, or one defined as contagious by State law, that is subject to ready transmission to others; (i) Maintenance, existence, or presence of a livery stable, brick yard, or automobile wrecking yard, or the depositing, storage, maintenance, existence, or presence of junk or junk iron or metal, abandoned or salvaged appliances or furniture, or automobile parts or dilapidated or dismantled vehicles or vehicle parts, or manure or fertilizer, within any residential district in the Town as the same are or hereafter are defined and described by the Town Zoning Code; and (j) Any other acts, conditions, occupations, and uses of property that are in fact a -menace to the public health. PUBLIC NUISANCES ADVERSELY AFFECTING THE PUBLIC PEACE AND SAFETY The following are expressly declared to be public nuisances adversely affecting the public peace and safety: (a) Storage, leakage, release, or use of any explosive, flammable liquid, or other dangerous, toxic, or hazardous substance in any manner or in any amount other than as permitted pursuant to this Code and County, State, or Federal Laws; 8-3 (b) All buildings and alteration of buildings, or parts thereof, made or erected in violation of Chapter 8, or any applicable County, State, or Federal laws prescribing the manner and materials for the construction or alteration; (c) Obstructions, impediments, or excavations that interfere with the ordinary use by the public of any public street, way, or sidewalk or an attraction to persons, except when and as permitted pursuant to this Code or State law; (d) Rainwater or drainage water issuing in a collected or directed manner or falling from any building, structure, or paved area upon any sidewalk or pedestrian way, or flowing across any sidewalk or pedestrian way; (e) Any barbed wire or electrified fence within a plane of four (4) horizontal feet from any public street, way, sidewalk, path, or park; any wire, twine, or rope fences, consisting of one or more strands of wire, twine, or rope that is less than three (3) feet in height and less than three (3) feet from any public street, way, sidewalk, path, or park; (f) Any dangerous, unguarded machinery or appliances left in any public place or so operated or situated on private property so as to attract the public; (g) Any dead, diseased, infested, or dying tree or shrub on any property so near to a street, public right-of-way, or a public utility easement as to constitute a danger to street trees, public utility services, streets, sidewalks, vehicle travel, persons, or property, other than that of the owner of the tree; (h) Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire, or electrolier; (i) Branches, roots, trees, shrubs, or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along, any portion of any public street or sidewalk; (j) Hedges or dense, thorny shrubs extending into the public right of way; (k) Branches of trees or shrubs that extend within eight (8) vertical feet from any portion of a public sidewalk or within fourteen (14) vertical feet from any portion of a public street; (1) Weeds or vegetation allowed to grow to a height greater than twelve (12) inches on the average, or any accumulation of dead weeds, grass, or brush, on any occupied or unoccupied lot or land less than one acre in area excluding

153 Nuisances woodlands, that may provide safe harborage for rats, mice, snakes, and other vermin. (m) Generation of intense glare or heat that unreasonably affects use and enjoyment of neighboring property or confuses or interferes with travel along a street or sidewalk; (n) Excavations or ponds that are open and attractive to persons; and (o) Any other act, occupation, and use of property that in fact endangers or jeopardizes the public peace and safety. PROPERTY NUISANCES The following are expressly declared to be public nuisances: (a) Buildings or structures that are structurally unsafe or which constitute a fire hazard, or which are otherwise dangerous to human safety and life; (b) Buildings that are in violation of Chapter 8; (c) Erosion, undercutting, excessive sloping, subsidence, saturation of soil, or surface water drainage of such magnitude or effect to be injurious or potentially injurious to the public or adjacent properties, whether -caused by grading operations, excavations, or fill, directed or disregarded drainage' or as a result of the topography, geology, or configuration of the land in its natural or altered state; (d) Accumulation of debris or rank overgrowth constituting a fire hazard, potential to become a fire hazard, or a likely harborage for vermin; (e) Buildings, fences, signs, or other structures that are or have been abandoned, boarded up, partially destroyed, or permitted to remain in a state of partial construction for a period of ninety (90) days or more, except in the case of partial construction, in which case the time shall be for a period of 180 days or more, and where continuation of the condition is unsightly or is hazardous to the public health, safety, or welfare; (f) Unpainted buildings causing or tending to cause dry rot, warping, or termite infestation; (g) Buildings with windows containing broken glass or missing glass, where the opening is of a type that normally contains glass and invites trespassers and malicious mischief; (h) Trees, weeds, or other vegetation, which by reason of being overgrown, dead, decayed, or diseased, are: (1) Likely to harbor vermin; or (2) A serious risk of physical injury to inhabitants or occupants of the premises or to the public; 8-4 (i) Any wrecked, disabled, inoperative, salvaged or dismantled vehicle, vessel, equipment, appliances, or parts stored or parked for more than seven (7) consecutive days or more than ten (10) days total during a calendar month where the vehicle, vessel, equipment, or parts are visible from a public street or adjacent property, unless the vehicle, vessel, equipment, or parts are stored or parked pursuant to the provisions of this Code for operation of a dismantler, new or used vehicle or vessel dealer, automotive or boat repair or body shop, or junkyard; (j) Packing boxes, litter, garbage, junk metal, automobile parts, or any other refuse or debris that by reason of its volume, type, or length of storage has promoted or will promote: (1) Infestation by rats, vermin, or other pests; or (2) A serious risk of harm to inhabitants or occupants of the premises or the public; (k) Broken, inoperative, or discarded furniture or other household equipment kept in a front or side yard required by the Town Zoning Code for more than seven (7) consecutive days or more than ten (10) days during any one calendar month; (1) Clotheslines in a front yard; (m) Condition of premises that is so defective, unsightly, deteriorated, or disrepaired as to be materially detrimental to the use and enjoyment or value of nearby properties and improvements; and (n) Emanation of noise or vibrations of such a loud, unusual, unnecessary, penetrating, lengthy, raucous, annoying, untimely, or boisterous nature as to unreasonably disturb, annoy, injure, interfere with, or endanger the comfort, repose, health, peace, safety, or welfare of the users of neighboring property. (Ord. of 10/5/95) Section Prohibited. It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance. (Ord. of 3/25/86) Section Notice to abate. Whenever a nuisance is found to exist within the Town or the existence of a health and safety nuisance within the Town's extraterritorial jurisdiction, the Town manager or his designated officer shall issue a citation not to exceed fifty ($50.00) dollars with a written notice to the owner or occupant of the property upon which such

154 Nuisances nuisance exists or upon the person causing or maintaining the nuisance. (Ord. of 3/25/86)(Ord. of 2/5/98) Section Contents of notice. The notice to abate a nuisance issued under the provisions of this chapter shall contain: (1) A citation not to exceed fifty dollars ($50.00) along with an order to abate the nuisance within a stated time, which shall be reasonable under the circumstances. (2) The location of the nuisance, if the same is stationary. (3) A description of what constitutes the nuisance. (4) A statement of acts necessary to abate the nuisance. (5) A statement that waves citation if the nuisance is abated within the allotted time. (6) A statement that if the nuisance is not abated as directed within the prescribed time, the Town will abate such nuisance and assess the citation and cost thereof against such person. (Ord. of 3/25/86) (Ord. of 2/5/98) Section Service of notice. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law. (Ord. of 3/25/86) 8-5 said property and if not paid within thirty (30) days shall be collected in the same manner as provided for the collection of delinquent taxes. (Ord. of 3/25/86)(Ord. of 2/5/98) Section Criminal action, other civil remedies. Violations of this part 8 shall constitute a criminal liability. The procedure set forth in this part 8 shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and this part 8 shall not prevent the Town from proceeding in a criminal action against any person, firm or corporation violating the provisions of this ordinance as provided in G.S In addition, each days violation shall constitute a separate offense, and upon conviction of said penalty, is punishable by a fine of fifty dollars ($50.00) for each violation and violators shall be civilly liable for costs incurred by the town to abate said nuisances. (Ord. of 3/25/86)(Ord. of 2/5/98) Section Effective date. The sections of this chapter and subsequent chapters of Part 8 of the Code of Ordinances for the Town will become effective as of the date of passage. (Ord. of 3/25/86) Section Abatement by Town. Upon the failure of the person upon whom in time notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, the duly designated officer of the Town shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. (Ord. of 3/25/86)(Ord. of 2/5/98) Section Payment of costs. Upon completion of the abatement of any nuisance by the Town under the provisions of this chapter, the designated officer shall deliver to the Town Tax Collector a statement including the costs of labor, hauling or other necessary items of expense for such abatement. The Tax Collector shall thereupon mail to the owner of the lot a bill covering the costs. As provided in G.S. 160A-193, the amount of the bill shall become a lien upon

155 Part 8 Chapter 2 Animals Table of Contents Nuisance Ordinance SECTION XX SECTION XXI SECTION XXII SECTION XXIII SECTION XXIV SECTION XXV SECTION XXVI SECTION XXVII SECTION XXVIII Animals SECTION XXIX SECTION XXX SECTION XXXI SECTION XXXII Purpose and Intent of Chapter Establishment of Bird Sanctuary Hunting and Killing of Animals Keeping Livestock within the Town / City Limits Number of Dogs Permitted Number of Cats Permitted Confinement and Running at Large Possession of Animals and Strays Impoundment and Reclaiming of Captured Potentially Dangerous and Dangerous Dogs Inherently Dangerous Exotic Animals Enforcement, Penalties and Remedies Ordinance in Conflict Town of Erwin Code of Ordinances 2-1

156 SECTION XX Purpose of Chapter The purpose of this chapter is to provide and define authority of the Harnett County Animal Control department within the towns of Angier, Coats, Erwin and Lillington. Harnett County Animal Control has charge of protecting the citizens of these towns from rabies transmitted by unconfined, uncontrolled or un-immunized animals, to regulate animals that may be a nuisance, to insure that all animals are treated in a humane manner and in the promotion of responsible pet ownership and animal welfare. Harnett County Animal Control in cooperation with the towns of Angier, Coats, Erwin and Lillington are hereby charged with the responsibility of Animal Control in conjunction within these town s jurisdictions. This ordinance will supersede all town Animal Control ordinances and shall pertain to the towns of Angier, Erwin, Coats and Lillington only. The most current Harnett County Animal Control ordinance shall also pertain to the Towns in agreement of this ordinance. SECTION XXI Establishment of Bird Sanctuary (A) The area embraced within the corporate limits of the Town and all land owned or leased by the Town outside the corporate limits is hereby designated as a bird sanctuary. (B) It shall be unlawful to intentionally trap, hunt, shoot, or otherwise kill, within a sanctuary hereby established, any native wild bird. It shall be lawful to trap birds or fowl specifically declared a nuisance by the Town board when such birds or fowl are found to be congregating in such number in a particular locality that they constitute a nuisance or a menace to health or property. (C) The bird clubs of the Town are hereby granted permission to erect artistic signs, giving notice of the regulations therein provided, at such places and of such design as may be approved by the Town Board. State Law Reference: Bird Sanctuary establishment, G.S. 160A-188 SECTION XXII Hunting, Killing, and Trapping of Animals It shall be unlawful for any person to hunt or kill any animal within the territorial limits of the Towns. Trapping may be done with permission from the Harnett County Animal Control Department. This section does not apply to the Police Departments or Harnett County Animal Control, or duly authorized agents when enforcing the provisions provided in this Ordinance. Town of Erwin Code of Ordinances 2-3

157 SECTION XXIII Keeping Livestock and Fowl No person may keep within the Town any livestock and/or fowl except in accordance with this section. (A) It shall be unlawful for any person to maintain, keep, house or stable any: horse, mule, pony, cow, sheep, goat or any livestock or fowl within the corporate limits of the Town within 500 feet of any residential or commercial building, school grounds, church or other establishment. (B) It shall be unlawful for any person to maintain, keep or house any cattle, goat, horse or other livestock or fowl on a fenced lot containing less than one (1) acre. (C) It shall be unlawful for any person to maintain, keep or house within the town any swine. (D) It shall be unlawful to permit any fowl, including but not limited to chickens, ducks, geese, turkeys, guineas or other fowl, to run at large within the corporate limits of the Town. (E) Any fowl kept within the corporate limits of the Town must be contained by a fence, building or other enclosure that will ensure that the fowl will not run at large. (F) Any fowl found running at large may be taken into possession and/or destroyed by Harnett County Animal Control anywhere within the corporate limits of the town. (G) No more than six (6) fowl, including but not limited to chickens, ducks, Geese, turkeys, guineas or other Fowl may be kept on a lot containing one (1) acre or less. SECTION XXIV Number of Dogs It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than three (3) dogs. This limitation shall not apply to dogs less than four (4) months of age. Any person wanting to keep more than three (3) dogs will apply to the Town for a license to operate a dog kennel. Prior to the issuing of such license it shall be determined that the kennel would be in compliance with all Town and State regulations. SECTION XXV Number of Cats It shall be unlawful for any person to keep on any lot or premises within the corporate limits more than three (3) cats. This limitation shall not apply to cats less than four (4) months of age. Town of Erwin Code of Ordinances 2-4

158 SECTION XXVI Confinement and Running at Large (A) No person owning or having possession, charge, custody or control of any animal may cause, permit or allow the animal to stray or in any manner to run at large upon any public street, sidewalk or other public property or to stray, run at large or otherwise trespass upon the private property of another. (B) It shall be unlawful for the owner of any animal to allow such animal to be at large on any Town property. (C) It shall be unlawful for any person owning, harboring, keeping or in charge of any animal to fail or refuse to remove feces deposited by the animal on any street, sidewalk, park or other publicly owned property. (D) It shall be unlawful for the owner of any animal to fail or refuse to remove feces deposited by the animal on any private property. SECTION XXVII Possession of Animals and Strays (A) It shall be unlawful for any person in the town knowingly and intentionally, unless with consent of the owner, to harbor, feed and keep in their possession by confinement or otherwise allow to remain on their property any animal which does not belong to them unless they notify Harnett County Animal Control within forty-eight (48) hours from the time such animal came into his possession. (B) Any person who feeds a stray animal and/or allows the animal to stay on their property for at least two (2) days will be considered the legally responsible for such animal and any violations caused by the animal. (C) It shall be unlawful for any person to refuse to surrender any such stray animal to the Police Department or Harnett County Animal Control or person duly authorized upon demand. (D) The purpose of this section is to aid in rabies control and to prevent the intentional or unintentional possession of pets belonging to other persons. SECTION XXVIII Impoundment and Reclaiming of Captured Animals (A) Any animal within the Town without an owner, any animal running at large within the Town, or any animal whose owner fails to have the animal vaccinated in accordance with the laws of the State, or an animal appearing within the Town without a rabies vaccination tag shall be taken by Harnett County Animal Control and confined for a period of time until reclaimed by the owner with a pre-paid rabies voucher, adopted with a pre-paid rabies voucher or euthanized by the Harnett County Animal Control Department. Town of Erwin Code of Ordinances 2-5

159 (B) If any animal is not redeemed by the owner within three (3) days from the time Animal Control takes possession of the animal, the animal shall be put up for adoption or disposed of under the regulations set forth by the Harnett County Animal Control Ordinance and the North Carolina General Statutes. (C) In order for the owner to redeem an animal, such owner must first show that the rabies vaccination tag has been procured. In addition the owner shall pay a penalty according to the Harnett County Animal Control Ordinance for allowing the animal to run at large. The fee may be adjusted in the new fiscal years in the Harnett County Animal fees. The owner must pay daily expenses for boarding and caring for the animal. SECTION XXIX Potentially Dangerous and Dangerous Dogs (A) It shall be unlawful for a citizen to keep within the corporate limits of the Town a dog that has been deemed potentially dangerous or dangerous by Harnett County Animal Control. (B) Any owner found in violation of this section will be required to release the dog to the Harnett County Animal Control Department for euthanasia and will face a civil fine of $ SECTION XXX Inherently Dangerous Exotic Animals Shall be in accordance with the Harnett County Animal Control Ordinance. SECTION XXXI Enforcement, Penalties and Remedies Enforcement Administration Primary responsibility for enforcing the provisions of this chapter is assigned to the Harnett County Animal Control Department. Municipal Police Departments will assist when needed. Penalties and Remedies Penalties and remedies shall be in accordance with the Harnett County Animal Control Ordinance. SECTION XXXII Ordinance in Conflict All ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Town of Erwin Code of Ordinances 2-6

160 Ordinance Adoption This Ordinance shall become effective upon adoption. Adopted this the day of 2008 by the Town of ATTEST: Town Clerk Mayor Adopted this the day of 2008 by the Town of ATTEST: Town Clerk Mayor Adopted this the day of 2008 by the Town of ATTEST: Town Clerk Mayor Adopted this the day of 2008 by the Town of ATTEST: Town Clerk Mayor Ordinance Adoption This Ordinance shall become effective upon its adoption. Adopted this the day of ATTEST: Clerk to the Board Chairman, Harnett County Board Of Commissioners Town of Erwin Code of Ordinances 2-7

161 8-10 CHAPTER 3 Abandoned/Nuisance Vehicles Section Definitions. Section Administration. Section Abandoned vehicle unlawful; removal authorized. Section Nuisance vehicle unlawful; removal authorized. Section Removal of abandoned or nuisance vehicles; pre-towing notice requirements. Section Exceptions to prior notice requirements. Section Removal of vehicles; post towing notice requirements. Section Right to probable cause hearing before sale or final disposition of vehicle. Section Redemption of vehicle during proceedings. Section Sale and disposition of unclaimed vehicle. Section Conditions on removal of vehicles from private property. Section Protection against criminal or civil liability. Section Exceptions. Section Unlawful removal of impounded vehicles. Section Injunctive relief. Section Penalties. Section Definitions. The meaning of the terms used in this chapter shall be as follows. (a) Abandoned vehicle. An abandoned motor vehicle is one that is: (1) Left upon a street or highway in violation of a law or ordinance prohibiting parking; (2) Left on a public street or highway for longer than seven (7) days; (3) Left on property owned or operated by the Town for longer than twenty-four (24) hours; or (4) Left on private property without the consent of the owner, occupant or lessee thereof, for longer than two (2) hours. (b) Authorizing official. The supervisory employee of the police department or the inspections department, respectively, designated to authorize the removal of vehicles under the provisions of this ordinance. (c) Motor vehicle or vehicle. A machine designed or intended to travel over land by selfpropulsion or while attached to any self-propelled vehicle. (d) Nuisance vehicle. A motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be:

162 Nuisances (1) A breeding ground or harbor for mosquitoes or other insects or a breeding ground or harbor for rats or other pests; (2) A point of heavy growth of weeds or other noxious vegetation over eight (8) inches in height; (3) A point of collection of pools or ponds of water; (4) A point of concentration of quantities of gasoline, oil and other flammable or explosive materials as evidenced by odor; (5) One which has areas of confinement which cannot be operated from the inside such as trunks, hoods, etc.; (6) One which presents a substantial risk of injury to minors or other persons because of broken glass, jagged edges or protrusions, or otherwise; (7) So situated or located that there is a danger of its falling or turning over; or (8) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Board of Commissioners. (Ord. of 11/5/87) Section Administration The police department and inspections department of the Town shall be responsible for the administration and enforcement of this ordinance. The police department shall be responsible for administering the removal and disposition of vehicles determined to be abandoned on the public streets and highways within the Town, and property owned by the Town. The inspections department shall be responsible for administering the removal and disposition of abandoned and nuisance vehicles located on private property. Nothing in this ordinance shall be construed to limit the legal authority or powers of officers of the police department in enforcing any other laws or otherwise carrying out their duties. (Ord. of 11/5/87) Section Abandoned vehicle unlawful; removal authorized. (a) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined in this chapter. (b) Upon investigation, proper officials of the Town may determine that a vehicle is an abandoned vehicle as defined in this chapter and order the vehicle removed. (Ord. of 11/5/87) 8-11 Section Nuisance vehicle unlawful; removal authorized. (a) It shall be unlawful for the registered owner of a motor vehicle or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle. (b) Upon investigation, proper officials of the inspections department may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined in this chapter and order the vehicle removed. (Ord. of 11/5/87) Section Removal of abandoned or nuisance vehicles; pre-towing notice requirements. (a) Except as set forth in section below a vehicle to be towed or otherwise removed because it has been abandoned, as defined herein, or declared to be a nuisance vehicle shall be towed only after notice to the owner or person entitled to possession of the vehicle. In such instances, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle, a notice indicating that the vehicle will be removed by the Town on a specified date (no sooner than seven (7) days after the notice is affixed), unless the vehicle is moved by the owner or legal possessor prior to this time. (b) With respect to abandoned vehicles on private property and nuisance vehicles, if the owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned or a nuisance vehicle, such appeal shall be made to the Board of Commissioners in writing, heard at the next regularly scheduled meeting of the Commissioners, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. (Ord. of 11/5/87) Section Exceptions to prior notice requirements. (a)the requirement that notice be affixed to an abandoned or nuisance vehicle at least seven (7) days prior to removal may, as determined by the authorizing officer, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or

163 Nuisances to otherwise maintain and protect the public safety and welfare. (b) For vehicles left on the public streets and highways, such circumstances include, and the Board of Commissioners hereby determines that immediate removal of such vehicles is warranted when they are: (1) Obstructing traffic; (2) Parked in a no stopping or standing zone; (3) Parked in loading zones; or (4) Parked in violation of temporary parking restricted zones. (c) With respect to abandoned or nuisance vehicles left on Town-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving the minimum seven (7) days prior notice only in those circumstances where the authorizing official finds, and enters such findings in appropriate daily records, a special need for prompt action to protect and maintain the public health, safety, and welfare. By way of illustration but not limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property. (Ord. of 11/5/87) Section Removal of vehicles; post towing notice requirements. (a) Any vehicle which has been determined to be an abandoned or a nuisance vehicle may be removed to a storage garage or area owned by the Town. Whenever such a vehicle is removed, the authorizing Town official shall immediately notify the last known registered owner of the vehicle, such notice to include the following: (1) The description of the removed vehicle; (2) The location where the vehicle is stored; (3) The violation with which the owner is charged, if any; (4) The procedure the owner must follow to redeem the vehicle; and (5) The procedure the owner must follow to request a probable cause hearing on the removal. (b) This notice shall, if feasible, be given by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in sections through above, shall, unless this notice is waived in 8-12 writing by the vehicle owner or his agent, also be mailed to the owner's last known address. (c) If the vehicle is registered in the State, notice shall be given within twenty-four (24) hours. If the vehicle is not registered in the State, notice shall be given to the registered owner within seventy-two (72) hours from the removal of the vehicle. (d) Whenever an abandoned or nuisance vehicle is removed, and such vehicle has no valid registration or registration plate, the authorizing Town official shall make reasonable efforts, including the checking of the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information as set forth in sections through above. (Ord. of 11/5/87) Section Right to probable cause hearing before sale or final disposition of vehicle. After the removal of an abandoned motor vehicle or a vehicle declared to be a nuisance vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the County magistrate designated by the chief district court judge to receive hearing requests. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S , as amended. (Ord. of 11/5/87) Section Redemption of vehicle during proceedings. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the vehicle by paying the towing and storage fees or posting a bond for double the amount of these fees to the private tow truck operator or towing business having custody of the removed vehicle. (Ord. of 11/5/87) Section Sale and disposition of unclaimed vehicle. Any vehicle declared to be an abandoned or a nuisance vehicle under this ordinance which is not claimed by the owner or other party entitled to possession, will be disposed of by the private tow

164 Nuisances truck operator or towing business having custody of the vehicle or by the Town. Disposition of such a vehicle shall be carried out in coordination with the Town and in accordance with G.S. 44A-1. (Ord. of 11/5/87) Section Conditions on removal of vehicles from private property. As a general policy, the Town will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the Town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is declared a nuisance vehicle. The Town may require any person requesting the removal of an abandoned or nuisance vehicle from private property to indemnify the Town against any loss, expense or liability incurred because of the removal, storage or sale, thereof. (Ord. of 11/5/87) 8-13 designated by the Town any vehicle which has been impounded pursuant to the provisions of this code, unless and until all towing and impoundment fees, or bond in lieu of such fees, have been paid. (Ord. of 11/5/87) Section Injunctive relief. This ordinance may be enforced by an appropriate equitable remedy as provided in G.S. 160A-175. (Ord. of 11/5/87) Section Penalties. In addition to or in lieu of other available remedies, violations of this ordinance shall constitute a misdemeanor, punishable as provided in G.S (Ord. of 11/5/87) Section Protection against criminal or civil liability. No person shall be held to answer to any civil or criminal action to any owner or other person legally entitled to the possession of any abandoned or nuisance vehicle, for disposing of such vehicle as provided in this article. (Ord. of 11/5/87) Section Exceptions. Nothing in this section shall apply to any vehicle in an enclosed building 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. Provided however, that the premises of a business enterprise which contains one or more nuisance vehicles is not being operated in a lawful place or manner. (Ord. of 11/5/87) Section Unlawful removal of impounded vehicles. It shall be unlawful for any person to remove or to attempt to remove from any storage facility

165 Nuisances CHAPTER 4 Weeds, Hedges, Tall Grass and Other Vegetation Section Section Section Section Section Section Section Section Section Section Section Definitions. Definitions. Weeds or vegetative nuisance unlawful. Enforcement. Abatement by the Town. Trimming plants at intersections. Destruction of trees or bushes. Trimming plants extending over streets. Removal of unsafe trees by owner. Assessment of costs by Town. Penalty. Weeds and nuisance vegetation under this chapter shall include the following which may occur on any lot within the corporate limits of the Town: (1) Weeds or vegetation allowed to grow to a height greater than twelve (12) inches on the average, or any accumulation of dead weeds, grass, or brush, on any occupied or unoccupied lot or land less than one acre in area excluding woodlands, that may provide safe harborage for rats, snakes, and other vermin; (2) Any dead diseased, infested, or dying tree or shrub on any property so near to a street, public right-of-way, or a public utility easement as to constitute a danger to street trees, public utility services streets, sidewalks, vehicle travel, persons, or property, other than that of the owner of the tree; (3) Vegetation which creates a nuisance by its existence (i.e. poison ivy, kudzoo); (4) Dead or dying trees or plants which may cause a hazardous situation if they fall. (5) Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire, or electrolier; (6) Branches, roots, trees, shrubs, or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along, any portion of any public street or sidewalk; (7) Hedges or dense, thorny shrubs extending into the public right-of-way; (8) Branches of trees that extend within eight (8) vertical feet from any portion of a public sidewalk or within fourteen (14) vertical feet from any portion of a public street.(ord. of 3/25/86)(Ord. of 2/5/98) 8-14 Section Weeds or vegetative nuisance unlawful. It shall be unlawful for property owners to permit a weed or vegetative nuisance condition to exist on their property. (Ord. of 3/25/86) Section Enforcement. (a) The Town manager, or his desired officer, upon notice from any person of the possible existence of any of the conditions described in section , shall cause an investigation to be made to determine whether conditions exist which may constitute a public nuisance as described in section (Ord. of 3/25/86)(Ord. of 2/5/98) (b) The notice to abate a nuisance issued under the provisions of this chapter shall contain: (1) A citation not to exceed fifty dollars ($50.00) along with the order to bate the nuisance within a stated time, which shall be reasonable under the circumstances. (2) The location of the nuisance if the same is stationary; (3) A description of what constitutes the nuisance; (4) A statement of acts necessary to abate the nuisance; (5) A statement that waives citation if the nuisance is abated within the allotted time; (6) A statement that if the nuisance is not abated as directed within the prescribed time the Town will abate such nuisance and assess the citation and cost thereof against such person. (Ord. of 3/25/86)(Ord. of 2/5/98) Section Abatement by the Town. Upon the failure of the person upon whom in rime notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, the duly designated officer of the Town shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. (Ord. of 3/25/86)(Ord. of 8/6/92)(Ord. of 2/5/98) Section Trimming plants at intersections. The owner or occupant of any lot or lands lying and abutting on any intersection of two streets or any combination thereof in the Town and having

166 Nuisances shrubs or bushes on such lot or lands, shall trim or cause to be trimmed all shrubs and bushes located within twenty (20) feet of the intersection of the property lines nearest to the street intersection and abutting the sidewalk or the normal sidewalk location, so that no bush or shrub shall exceed three (3) feet in height above the surface of either the sidewalk or the normal sidewalk location. (Ord. of 3/25/86) Section Destruction of trees or bushes. No person, except by direction or authority of the director of public works, shall box, bore, cut, break down, deface, injure or destroy any trees, shrubs or bushes on any street or right-of-way. (Ord. of 3/25/86) Section Trimming plants extending over streets the amount of the bill shall become a lien upon said property and if not paid within thirty (30) days shall be collected in the same manner as provided for the collection of delinquent taxes. (G.S. 160A-193)(Ord. of 3/25/86)(Ord. of 2/5/98) Section Penalty. Whoever violates any provision of this chapter is guilty of a civil penalty and the Town may carry out the provisions of section and , as well. Each day's violation shall constitute a separate offense, and upon conviction of said civil penalty, is punishable by a fine of twenty-five ($25.00) dollars for each violation. (Ord. of 3/25/86)(Ord. of 8/6/92) State Law Reference: G.S. 160A- 193 The owner or occupant of any lot or lands lying and abutting on any street in the Town and having trees, shrubs or bushes on his lot or lands extending over the property line onto such street shall trim or cause to be trimmed such trees to the clear height of not less than nine (9) feet above the surface of the sidewalk or street. (Ord. of 3/25/86) Section Removal of unsafe trees by owner. The director of public works shall have the authority, and it shall be his duty to order trimming, preservation or removal of trees or plants upon private property when he finds such an act necessary to public safety or to prevent the spread of disease or insects in public trees or places. The owner shall not fail to trim, remove or take steps to preserve such tree within thirty (30) days of the order to trim, remove or preserve the tree. (Ord. of 3/25/86) Section Assessment of costs by Town. Upon completion of the abatement of any nuisance by the Town under the provisions of this chapter, the designated officer shall deliver to the Town Tax Collector a statement including the costs of labor, hauling or other necessary items of expense for such abatement. The Tax Collector shall thereupon mail to the owner of the lot a bill covering the costs. As provided in G.S. 160A-193,

167 Nuisances Section Section Section Section Section Section Section Section Section Section Section Section Section CHAPTER 5 Rubbish, Litter Section Definitions. Definitions. Litter in public places. Polluting rivers. Scattering rubbish. Placement of litter in receptacle so as to prevent scattering. Sweeping litter into gutters prohibited. Merchant's duty to keep sidewalks free of litter. Litter thrown by persons in vehicles. Truck loads causing litter. Litter in parks, lakes and fountains. Litter on occupied and vacant private property; owners' duty. Clearing of litter from private property by Town. Penalties. For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall be defined as follows: (1) Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. (2) Litter means garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (3) Park means any park, reservation, playground, beach, recreation center or any other public area in the Town owned or used by the Town and devoted to active or passive recreation. (4) Person means any person, firm, partnership, association, corporation, company or organization of any kind. (5) Private premises means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. (6) Public place means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (7) Refuse means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, 8-16 dead animals, abandoned automobiles and solid market and industrial wastes. (8) Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, leaves, weeds, brush, shrubbery and similar materials. (9) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devises used exclusively upon stationary rails or tracks. (Ord. of 3/25/86) Section Litter in public places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles or in private receptacles for collection. (Ord. of 3/25/86) Section Polluting rivers. No person shall deposit any rubbish, paper, paper waste, rags or waste material of any kind in any river, stream or natural waterway or upon the banks of same. (Ord. of 3/25/86) Section Scattering rubbish. No person shall deposit in or upon, or scatter over or upon any of the streets, parks or public grounds within the Town any papers, paper waste, rags or waste material of any kind. No person who is the owner or lessee of any lot or land within the Town shall deposit any such material upon any such lot or land, or allow such to be deposited thereon. (Ord. of 3/25186) Section Placement of litter in receptacle so as to prevent scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other grounds within the Town. (Ord. of 3/25/86)

168 Nuisances Section Sweeping litter into gutters prohibited. No person shall sweep into or deposit in any gutter, ditch, street or other public place within the Town the accumulation of litter from any building or lot or from the public sidewalks. Nor shall any owner or tenant abutting a public thoroughfare allow or suffer to remain litter upon the adjacent public sidewalk including medians, so that litter, rubbish and refuse shall not be allowed to pile up or accumulate on such public right of way. (Ord. of 3/25/86) Section Merchants' duty to keep sidewalks free of litter. No merchant or business within the Town shall allow litter to accumulate, and shall clean and otherwise rid his premises, including sidewalks, of waste matter and litter although the same may not have been deposited by him, his agents, or his patrons. (Ord. of 3/25/86) Section Litter thrown by persons in vehicles. No operator or passenger in any motor vehicle shall throw or deposit litter on any public street, right-of-way, sidewalk or upon private premises while such vehicle is either stopped or in motion. (Ord. of 3/25/86) Section Truck loads causing litter. No operator of any truck or hauling motor vehicle shall cause to be scattered on or about public or private premises or streets while in motion or stopped, any litter, refuse, mud, dirt, sticky substances or rubbish. All loads shall be secured in such a manner so as to effect compliance with this section. (Ord. of 3/25/86) Section Litter in parks, lakes and fountains. No camper, spectator, participant, pedestrian, person engaged in recreational pursuit, or other person shall cause litter, rubbish or refuse to be cast, thrown, deposited or scattered in or around public parks, lakes, waterways or other public lands, except in containers and receptacles designed for such use. (Ord. of 3/25/86) 8-17 Section Litter on occupied and vacant private property; owner's duty. Litter, rubbish, or refuse shall not be cast, scattered, thrown, or deposited on or about private property within the corporate limits to the detriment of public health, safety and welfare. The owner, lessees, agents or others in charge of premises within the Town shall rid such lands and abutting sidewalks and medians of such nuisance or place it in an authorized receptacle. It shall likewise be unlawful for any person to dump, place or scatter litter, refuse or rubbish on or about private premises, whether such premises are vacant or inhabited. (Ord. of 3/25/86) Section Clearing of litter from private property by Town. (a) If it appears that such conditions exist, the Town manager shall cause to be delivered or mailed to the owner of the property upon which the conditions exist a notice stating the reasons why the conditions may constitute a violation and that a hearing will be held before the Town manager at a place therein fixed, not less than ten (10) nor more than (thirty) (30) days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and give evidence at the place and time fixed in the notice. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings. (b) If a determination is made that such conditions constituting a public nuisance exist, the Town manager shall notify, in writing, the owner of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within seven (7) days from the receipt of such written notice. (Ord. of 3/25/86) Section Penalties. Any person violating this chapter shall be guilty of a misdemeanor and if found guilty of said misdemeanor, is punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment of not more than thirty (30) days, for each violation. (Ord. of 3/25/86)

169 Nuisances 8-18 State Law Reference: G.S. 16OA-174 CHAPTER 6 General Health Regulations Section Section Section Section Section Section Section Section Section Section Enforcement of this chapter under supervision of County health officer. Unlawful to hinder health officer or assistants. Right to enter. Property kept clean. Human waste. Regulation of turkey shoots Sale of food; eating establishments. Debris from construction. Spitting on sidewalks. Penalties. Section Enforcement of this chapter under supervision of County health officer. The enforcement of this chapter shall be under the supervision of the County health officer. (Code 1967, Ch. G, Art. I, See. 1)(Ord. of 3/25/86) Section Unlawful to hinder health officer or assistants. It shall be unlawful for any person to hinder, obstruct or delay the health officer or any of his assistants in the lawful discharge of their duties. (Code 1967, Ch. G, Art. I, See. 2)(Ord. of 3/25/86) Section Right to enter. The health officer or any of his assistants have the right to enter at any reasonable time any premises for the purpose of making the inspection or investigations as required by this chapter. (Code 1967, Ch. G, Art. 1, Sec. 3)(Ord. of 3/25/86) Section Property kept clean. Owners or occupants of premises required to keep the same clean. Every person owning or occupying any premises in the corporate limits shall keep the premises free from weeds, trash, and all other forms of animal or vegetable refuse which may be dangerous or prejudicial to the public health, or which may constitute a public nuisance. No owner or occupant of any premises shall bury therein any animal or vegetable matter which, upon decaying may become dangerous or prejudicial to the public health, or may constitute a nuisance. (Ord. of 3/25/86)

170 Nuisances Section Human waste. No person shall urinate or deposit any human waste of any kind on any street, lot or premises except in approved sanitary facilities. (Code 1968, Ch. G, Art. I, Sec. 5)(Ord. of 3/25/86) Section Regulation of turkey shoots. Any person, firm or corporation shall comply with the following requirements prior to sponsoring, hosting or operating a turkey shoot or any target shooting contest where guns are fired. (a) Application for permit. (1) Any person, firm or corporation wanting to host, sponsor or operate a turkey shoot shall apply for a permit from the Town manager at the Town Hall in Erwin from 9 a.m. to 5 p.m. Monday through Friday. There shall be a twenty-five dollar ($25.00) permit application fee for each application submitted. (2) Each individual applicant shall be at least twenty-one (21) years of age, and shall not have been convicted of a felony or misdemeanor. Traffic offenses, except for those related to alcohol or drugs, are hereby excepted. (b) Time. No person obtaining a permit shall be allowed to operate a turkey shoot before 12 o'clock noon or after 10:30 p.m. at night during weekdays or on Saturdays. Turkey shoots are expressly prohibited on Sundays and holidays. (c) General operation, equipment and parking. (1) The site for a turkey shoot shall be approved by the Town manager as safe with no danger of weapon fire directed toward any nearby road, highway, residence of any type or other building, whether occupied or not. (2) The applicant or the applicant's agent, whose name shall be on file at the police department, shall be on the premises and accessible to Town officials or Town employees during the hours of operation. (3) Any person, firm or corporation who receives a permit shall be the owner of the premises used for the turkey shoot or, at the time of making application for a permit, present a written agreement with the owner authorizing a turkey shoot on the premises. (4) Only.410,.20,.16, and.12 gauge shotguns with the barrel or barrels at least eighteen (18) inches in length may be used. No slugs or buckshot shall be fired from any shotgun. Only 8-19 birdshot with a number four or higher classification shall be permitted. (5) The site for a turkey shoot shall have sufficient lighting if used during a time thirty (30) minutes prior to or after sunset. Other reasonable precautions such as hay bales or similar objects to absorb the discharges, shall be in place prior to opening a turkey shoot. (6) The applicant shall not allow any alcohol or illegal drugs to be consumed or used by any person while at the site of a turkey shoot. Violation of this ordinance shall result in the immediate revocation of the permit; revocation shall be in writing, signed by the Town manager, served on the operator or person in charge of the turkey shoot, and provide for a hearing on the next business day before the Town manager who shall hear the permittee and rule on the revocation. The Town manager may hear any evidence and no specific rules of evidence shall apply. (7) Parking of motor vehicles at the site of a turkey shoot by competitors or spectators shall not impede or any way block the normal flow of traffic on public streets or highways. (d) Conducting any of the activities referred to in this section without a permit or after a permit is revoked and prior to reinstatement, shall constitute a misdemeanor as referred to elsewhere in these ordinances, and shall be punished as such. (Ord. of ) Section Sale of food; eating establishments. All persons, firms, or corporations selling food of any kind or serving prepared meals shall comply with all requirements pertaining thereto of the North Carolina State Board of Health. (Code 1968, Ch. G, Art. I, Sec. 7)(Ord. of 3/25/86) Section Debris from construction. All refuse and debris, remaining both as a result of the repair of any buildings, or of the erection and completion of any buildings, shall be removed by the property owner within thirty (30) days from the completion of the aforesaid work. (Code 1968, Ch. G, Art. I, Sec. 8)(Ord. of 3/25/86) Section Spitting on sidewalks. (a) It shall be unlawful to expectorate or spit in or upon any public building or sidewalk.

171 Nuisances (b) In addition to or in lieu of other available remedies, violations of this ordinance shall constitute a misdemeanor, punishable as provided in G.S (Ord. of 1/7/88) Section Penalties. Any person violating this chapter shall be guilty of a misdemeanor, and if found guilty of said misdemeanor, is punishable upon conviction by a fine not exceeding fifty ($50.00) dollars or imprisonment of not more than thirty (30) days, for each violation. (Ord. of 3/25/86) CHAPTER 7 Disorderly Conduct Section General. Section House of ill fame. Section Profanity and boisterous conduct. Section Public drunkenness. Section Drinking in public. Section Penalties. Sections through reserved. Section General No occupant of any house whether residence or business shall permit same to be kept in an indecent and offensive or disorderly manner or permit loafers or idle persons to congregate therein or in front of same to the annoyance of persons passing by or living in the vicinity. (Code 1967, Ch. 1, Art. I, Sec. 1)(Ord. of 3/25/86) Section House of ill fame. No person shall keep a house or other place of ill fame in the Town and no person shall knowingly rent any house to be used as a house of ill fame. All adult persons living in such house shall be considered as keepers thereof and be subject to the penalties of this code. (Code 1967, Ch. 1, Art. I, Sec. 3)(Ord. of 3/25/86) Section Profanity and boisterous conduct. It shall be unlawful for any person to use loud and boisterous language so as to become a nuisance or use any form of profanity or indecent language on the street or in a gathering or audience or assembly, or in any public place whatsoever, or to indecently expose themselves within the corporate limits. (Code 1967, Ch. 1, Art. I, Sec. 4)(Ord. of 3/25186) Section Public drunkenness. It shall be unlawful for any intoxicated person to be on or upon any public street or other public place. (Code 1967, Ch. 1, Art. I, Sec. 5)(Ord. of 3/25/86)

172 Nuisances 8-21 Section Drinking in public. It shall be unlawful for any person to consume or sell beer, unfortified wine, whiskey, or alcoholic beverages of any' kind on any property owned or occupied by the Town. (Ord. of 3/25/86) Section Penalties. Any person violating this chapter shall be guilty of a misdemeanor, and if found guilty of said misdemeanor shall be punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment of not more than thirty (30) days, for each violation. (Ord. of 3/25/86) Sections through reserved. Section Section Section Section Section Section Section Section CHAPTER 8 Other General Unreasonably loud noise prohibited. Noises expressly prohibited. Firearms regulated. Posting bills; other advertising. Concealed weapons prohibited on certain municipal property. Firebombs and "molotov cocktails" prohibited. Quiet zones. Penalties. Section Unreasonably loud noise prohibited. It shall be unlawful for any person, firm or corporation to create or assist in creating, permit, continue, or permit the continuance of any unreasonably loud, disturbing and unnecessary noise in the Town. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. (Code 1967, Ch. 1, Art. II, Sec. 1)(Ord. of 3/25/86) Section Noises expressly prohibited. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely: (a) The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended, the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time. (b) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle, (c) The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity. (d) The use or operation of any piano, manual or automatic, phonograph, radio, loud speaker, or any other instrument, or sound amplifying devices so loudly as to disturb persons in the vicinity thereof,

173 Nuisances or in such a manner as renders the same a public nuisance. (e) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling, or other noise. (f) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work as a warning of danger. (g) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (h) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced. (i) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7 a.m. and 9 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety and then only with a permit from the Town clerk, which permit may be renewed for a period of three (3) days or less while the emergency continues. (j) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session, or within one hundred fifty (150) feet of any hospital, which unreasonably interferes with the working of such institution, provided, conspicuous signs are displayed in such streets indicating that the same is a school, court or hospital street without receiving a permit for the same, and notification of the Town. (k) The creation of any excessive noise on Sundays on any street adjacent to any church, provided, conspicuous signs are displayed in such streets adjacent to churches indicating that the same is a church street. (1) The creation of loud and excessive noise in connection with loading or unloading any vehicle, of the opening and destruction of bales, boxes, crates and containers. (m) The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof. (n) The shouting and crying of peddlers, barkers, hawkers, and vendors which disturbs the quiet and peace of the neighborhood. (o) The use of any drum, loud speaker or other instrument or device for the purpose of attracting 8-22 attention by creation of noise to any performance, show or sale or display of merchandise. (p) The use of any mechanical loud speakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the Board. (q) The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted therefrom between the hours of 11 p.m. and 7 am. (r) The firing or discharging of squibs, crackers, gunpowder, or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance. (Code 1967, Ch. I, Art. II, Sec. 2)(Ord. of 3/26/86) Section A regulated. Firearms It shall be unlawful for any person to discharge any firearm of any type within the corporate limits except a peace officer in the performance of his duty, or other persons in self-defense or in the protection of property,or within a building licensed under Section B. (Code 1967, Ch. I, Art. II, Sec. 3)(Ord. of 3/25/86)(Ord. of 8/1/91) Section B Conditional Discharge of Firearms Permitted. Upon application made on forms approved by the Town Manager or his designee. the owner or occupant of a building may apply to the Town Board for a permit allowing the discharge of firearms in an indoor firing area, but only in accord with the following standards: 1) The primary business engaged in on-the premises is the sale and/or repair of firearms. 2) The building containing the indoor firing area shall be fully enclosed. 3) The walls, ceiling, and floor of the indoor firing area shall be constructed such that rounds, ammunition, or projectiles utilized in the firing area cannot penetrate the walls, ceiling, or floor of the firing area. 4) There shall be no unreasonably loud or disturbing noise outside the building resulting from the direct use of firearms. 5) During all hours of use of the indoor firing area, there shall be on premises, a supervisor, who shall have obtained a certificate of completion of the National Rifle Association's Firearms Safety

174 Nuisances Course or an equivalent course conducted by an appropriate governmental agency, educational institution. or nationally recognized private firearms safety training certification organization as approved by the Council. (Ord. of 8/1/91) Section Posting bills; other advertising. No person shall stick, paint, brand, stamp, write or put upon any house, fence, wall, pavement, post or upon any property, owned by any person, firm, or corporation, or owned by the Town, any printed, written, painted or other advertisement, bill, notice, sign or poster, without first having obtained the permission of the owner of such property. (Code 1967, Ch. I, Art. II, Sec. 4)(Ord. of 3/25/86) Section Concealed Weapons Prohibited on Certain Municipal Property. a) Posting of Signs Required. The Town Manager or his designee is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each park and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the Town of Erwin, as well as the appurtenant premises to such buildings, indicating that carrying a concealed handgun is prohibited therein. (List the building, appurtenant premises, and/ or parks to which the ordinance will apply.) b) Location of Signs. Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The Town Manager or his designee shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks. c) Severability; Conflict of Laws. If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given separate effect and to that end the provisions of this ordinance are declared to be severable. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. d) Effective Date. This ordinance shall be effective on and after December 1, (Ord. 11/2/95) Section Firebombs and "molotov cocktails" prohibited (a) Definitions. For the purpose of this section, the following terms shall have the meanings herein ascribed: (1) "Molotov cocktail" is defined as any breakable container or any container which is designed in such a manner that upon being propelled it will at impact empty its contents, which is filled with a flammable fluid or substance, and which is fitted with a fuse or wick. (2) "Firebomb" is defined as any type of object designed or constructed so that upon being propelled it will explode or ignite its area of impact. (Code 1967, Ch. L, Art. II, Sec. 1) (b) Prohibited acts. It shall be unlawful for any person or persons to manufacture, possess, transport or use any molotov cocktail or other firebomb. (Code 1967, Ch. L, Art. II, Sec. 2) (c) Possession of materials restricted. It shall be unlawful for any person or group of persons to possess all the items or materials needed to manufacture molotov cocktails or other firebombs, other than on his or their premises. (Code 1967, Ch. L, Art. II, Sec. 3)(Ord. of 3/25/86) Section Quiet zones. The creation of any excessive noise on any street adjacent to any school, institution of learning, library, or sanitarium, or court while the same is in session, or within one hundred fifty (150) feet of any hospital, which unreasonably interferes with the working of such institutions; provided, that conspicuous signs are displayed in such streets indicating that the same is a school, court or hospital street, shall be deemed a violation of this article. (Ord. of 3/25/86) Section Penalties. Any person violating this chapter shall be guilty of a misdemeanor, and if found guilty of said misdemeanor, is punishable upon conviction by a fine not exceeding fifty dollars ($50.00) or imprisonment of not more than thirty (30) days, for each violation. (Ord. of 3/25/86)

175 Part 9 Chapter 1 Article A Table of Contents Building Code Enforcement ARTICLE A General Administrative Procedures Organization of department Duties generally Additional enforcement duties; dwellings unfit for human habitation Same; zoning Powers of inspectors Conflicts of interest Reports and records Inspection of work in progress; required generally Calls for inspection Same; survey of street lines Certificate of occupancy Oversight not to legalize violation through reserved. ARTICLE B Repair, Closing, or Demolition of Unfit Dwellings Finding-, intent Duties of building inspector Powers of building inspector Standards for enforcement Procedure for enforcement Procedure after hearing Failure to comply with order Service of complaints and orders through reserved. ARTICLE C Repair, Closing, Demolition of Abandoned Structures Findings; intent Duties of building inspector Powers of building inspector Standards for enforcement Procedure for enforcement Methods of service of complaints and orders In rem action by inspector, placarding Costs of lien on premises Alternative remedies. Town of Erwin Code of Ordinances 1-1

176 Part 9 Chapter 1 Article A General Administrative Procedures Building Code Enforcement Organization of department. The inspection department shall consist of a building inspector and such other personnel as required, who will be responsible for heating and air-conditioning, electrical inspection and such other inspections as may be necessary. The Town manager may in his discretion designate a person as the department head or to assist the building inspector Duties generally. The building inspector shall enforce all of the provisions of this article and make all inspections necessary to determine whether or not the provisions of this article are being met Additional enforcement duties; dwellings unfit for human habitation. The building inspector shall enforce any ordinances or codes adopted by the governing body relating to the repair, closing and demolition of dwellings unfit for human habitation, pursuant to section 160A-441 et seq. of the General Statutes of North Carolina Same; zoning. (a) If the building inspector is charged with enforcing the zoning ordinance of this code, then no permit for alteration, repair or construction of any building shall be issued unless the plans and specifications show that the building and its proposed use will be in compliance with applicable provisions of the zoning ordinance. (b) If the building inspector is not charged with enforcing the zoning ordinance, then no permit for alteration, repair or construction of any building shall be issued unless a zoning permit has first been issued by the appropriate official charged with enforcing the zoning ordinance. State Law references: (a) For State laws as to building inspection generally, see G.S. 160A-441 et. seq. (b) For State law as to organization of inspection department, see G.S. 160A-411. (c) For State law as to duties of inspection department, see G.S. 160A-412. Town of Erwin Code of Ordinances 1-2

177 Part 9 Chapter 1 Article A General Administrative Procedures Building Code Enforcement Powers of inspectors. (a) Authority. Inspectors are hereby authorized, empowered, and directed to enforce all the provisions of this chapter. (b) Right-of-entry. Inspectors shall have the right-of-entry on any premises within the jurisdiction of the regulatory codes herein adopted at reasonable hours for the purpose of inspection or enforcement of the requirements of this chapter, upon presentation of proper credentials. (c) Stop orders. Whenever any building or part thereof is being demolished, constructed, reconstructed, altered or repaired in a hazardous manner, or in violation of any provision of this chapter or any other Town ordinance, or in violation of any provision of this chapter, or any other Town ordinance, or in violation of any provision of any regulatory code herein adopted, or in violation of the terms of the permit issued therefor, or in such manner as to endanger life or property, the appropriate inspector may order such work to be stopped immediately. Such order shall be made verbally or in writing to the owner of the property or his agent or to, the person doing the work and shall state the reasons therefor and the conditions under which the work may be resumed Conflicts of interest No officer or employee of the inspection department shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration or maintenance of a building or any part thereof or in the making of plans or specifications therefor, unless he is the owner of such building. No officer or employee of the inspection department shall engage in any work which is inconsistent with his duties or with the interest of the Town Reports and records. The inspection department and each inspector shall keep complete, permanent and accurate records in convenient form of all applications received, permits issued, inspections and reinspections made and all other work and activities of the department. Periodic reports shall be submitted to the Town manager and to other agencies as required. Town of Erwin Code of Ordinances 1-3

178 Part 9 Chapter 1 Article A General Administrative Procedures Building Code Enforcement Inspection of work in progress; required generally. (a) The inspection department shall inspect all buildings and work therein, for which a permit of any kind has been issued as often as necessary in order to determine whether the work complies with this article. (b) When deemed necessary by the appropriate inspector, materials and assemblies may be inspected at the point of manufacture or fabrication, or inspections may be made by approved and recognized inspection organizations provided, that no approval shall be based upon reports of such organizations unless the same are in writing and certified by a responsible officer of such organization. (c) All holders of permits, or their agents, notify the inspection department and the appropriate inspector at each of the following stages of construction so that approval may be given before work is continued: (1) Foundation inspection. To be made after trenches are excavated and the necessary reinforcement and forms are in place, and before concrete is placed. Drilled footings, piles, and similar types of foundations shall be inspected as installed. (2) Framing inspection. To be made after all structural framing is in place and all roughing-in of plumbing and electrical and heating has been installed, after all fire blocking, chimneys, bracing and vents are installed, but before any of the structure is enclosed or covered. Poured in place concrete structural elements shall be inspected before each pour of any structural member. (3) Fireproofing inspection. To be made after all areas required to be protected by fireproofing are lathed, but before the plastering or other fireproofing is applied. (4) Final inspection. To be made after building or structure has all doors hung, fixtures set, and ready for occupancy, but before the building is occupied. (d) The building inspector shall make every reasonable effort to be available to inspect work has ordered specific work or correction to be made. State Law Reference: (a) For similar State law on conflict of interest, see G.S. 160A-415. (b) For similar State law as records, see G.S. 160A-433. (c) For State law as to inspection of work in progress, see G.S. 160A-420. Town of Erwin Code of Ordinances 1-4

179 Part 9 Chapter 1 Article A General Administrative Procedures Building Code Enforcement Calls for inspection. (a) Request for inspections may be made to the office of the inspection department or to the appropriate inspector. The inspection department shall make inspections as soon as practicable after request is made therefor, provided such work is ready for inspection at the time the request is made. (b) Re-inspections may be made at the convenience of the inspector. No work shall be inspected until it is in proper and completed condition ready for inspection. All work which has been concealed before the inspection and approval shall be uncovered at the request of the inspector and placed in condition for proper inspection. Approval or rejection of the work shall be furnished by the appropriate inspector in the form of a notice posted on the building or given to the permit holder or his agent. Failure to call for inspections or proceedings without approval at each stage of construction shall be deemed a violation of this article Same; survey of street lines. Street or alley lines. Where the applicant for a permit proposes to erect any building or structure on the line of any street, alley, or other public place, he shall secure a survey of the line of such street, alley, or other public place, adjacent to the property upon which such building or structure is to be erected before proceeding with construction of such building or structure. It shall be the duty of the building inspector to see that the building does not encroach upon such street, alley, or other public place Certificate of occupancy. No new building or part thereof, no addition or enlargement of any existing building, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part of a building which may safely be occupied prior to final completion and occupancy of the entire building. Application for a certificate of occupancy may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and date necessary to determine compliance with this chapter, the appropriate regulatory codes and any codes and any zoning ordinance for the occupancy intended. The inspection department shall issue a certificate of occupancy after examination and inspection, it Town of Erwin Code of Ordinances 1-5

180 Part 9 Chapter 1 Article A General Administrative Procedures Building Code Enforcement is found that the building in all respects conforms to the provisions of this chapter, the regulatory codes, and any zoning ordinance for the occupancy intended Oversight not to legalize violation. No oversight or dereliction of duty on the part of any inspector or other official or employee of the inspection department shall be deemed to legalize the violation of any provision of this chapter or any provision of any regulatory code herein adopted. Sections through reserved. Town of Erwin Code of Ordinances 1-6

181 Part 9 Chapter 1 Article B Repair, Closing, or Demolition of Unfit Dwellings Building Code Enforcement Finding; intent. It is hereby found that there exists within the Town dwellings that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents, or other calamities, lack of ventilation, light, or sanitary facilities, or other conditions that render the dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety, or morals of the residents of the Town. Therefore, pursuant to the authority granted by G.S. 160A-441, it is the intent of this ordinance to provide for the repair, closing, or demolition of any such dwelling in accordance with the procedure set forth in North Carolina G.S. 160A-143 et seq. (Ord., passed ) Duties of the building inspector. The building inspector is hereby designated as the Town officer to enforce the provisions of this ordinance. It shall be the duty of the building inspector: (a) To locate unfit dwellings within the Town and determine which dwellings are in violation of this ordinance; (b) To take such action pursuant to this ordinance as may be necessary to provide for the repair, closing, or demolition of such dwellings; (c) To keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this ordinance; and (d) To perform such other duties as may be prescribed herein or assigned to him by the Town Board of Commissioners. (Ordinance, passed ) Powers of the building inspector. The building inspector is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of this ordinance, including the following powers in addition to others herein granted: Town of Erwin Code of Ordinances 1-7

182 Part 9 Chapter 1 Article B Repair, Closing, or Demolition of Unfit Dwellings Building Code Enforcement (a) To investigate the condition of dwellings within the Town in order to determine which dwellings are abandoned and in violation of this ordinance; (b) To enter upon premises for the purpose of making inspections; (c) To administer oaths and affirmations, examine witnesses, and receive evidence; and (d) To designate such other officers, agents and employees of the Town as he deems necessary to carry out the provisions of this ordinance. (Ordinance passed ) Standards for enforcement. Every dwelling within the Town shall be deemed in violation of this ordinance whenever such dwelling constitutes a hazard to the health, safety, or welfare of the Town citizens as a result of (a) Dilapidation; (b) Defects increasing the hazards of fire, accidents, or other calamities; (c) Lack of ventilation, light, or sanitary facilities; (d) Other conditions rendering the dwelling unsafe or unsanitary, or dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the Town. (Ordinance, passed ) Procedure for enforcement. Whenever a petition is filed with the public officer by a public authority or by at least five residents of the Town charging that any dwelling is unfit for human habitation or whenever it appears to the public officer on his own motion that any dwelling is unfit for human habitation, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner and parties in interest in such dwellings a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer, or his designated agent, at a place within the county in which the property is located fixed not less than ten (10) nor more than thirty (30) days after the serving of the Town of Erwin Code of Ordinances 1-8

183 Part 9 Chapter 1 Article B Repair, Closing, or Demolition of Unfit Dwellings Building Code Enforcement complaint. The owner and parties in interest have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. (Ordinance, passed ) Procedure after hearing. (a) After such notice and hearing, the public officer shall state in writing his determination whether such dwelling violates this ordinance. If the public officer determines that the dwelling is in violation, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve such dwelling or else remove or demolish the dwelling within a specified period of time not to exceed ninety (90) days. (b) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, such cost being - percent of the value of the dwelling, the public officer may issue an order requiring the owner, within the time specified, to repair, alter or improve the dwelling in order to render it fit for human habitation or to vacate and dose the dwelling as a human habitation. (c) If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, the public officer may issue an order requiring the owner, within the time specified in the order, to remove or demolish such dwelling. (Ordinance, passed 8-488) Failure to comply with order. (a) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any dwelling so closed, a placard containing the language as prescribed in G.S. 160A-443(4). (b) If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished. The powers of the public Town of Erwin Code of Ordinances 1-9

184 Part 9 Chapter 1 Article B Repair, Closing, or Demolition of Unfit Dwellings Building Code Enforcement officer to repair, alter or improve or to vacate, or remove or demolish the dwelling shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this article with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the Housing Code. This ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index. (c) The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessments provided in Article 10 of Chapter 160A of General Statutes. If the dwelling is removed or demolished by the public officer, he shall sell the materials of the dwelling, and any personal property, fixtures, or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court bythe public officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by the final order or decree of the court. Nothing in this ordinance shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise. (d) If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the Town to remove such occupant as prescribed in G.S. 160A-443(7). (Ordinance, passed ) Service of complaints and orders. Complaints or orders issued by a public officer pursuant to this ordinance shall be served upon persons either personally or by registered or certified mail. If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer makes an affidavit to that Town of Erwin Code of Ordinances 1-10

185 Part 9 Chapter 1 Article B Repair, Closing, or Demolition of Unfit Dwellings Building Code Enforcement effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the Town at least once no later than the time at which personal service would be required under the provisions of Part 6 of Chapter 160A of the General Statutes. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. (Ordinance, passed ) Town of Erwin Code of Ordinances 1-11

186 Part 9 Chapter 1 Article C Repair, Closing, or Demolition of Abandoned Structures Building Code Enforcement Findings; intent. It is found that there hereby found that there exists within the Town abandoned structures which the Board of Commissioners finds to be hazardous to the health, safety, and welfare of the residents of the Town due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by G.S. 160A-441, it is the intent of this ordinance to provide for the repair, closing or demolition of any such abandoned structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing, or demolition of dwellings unfit for human habitation. (Ordinance, passed ) Duties of building inspector. The building inspector is hereby designated as the Town officer to enforce the provisions of this ordinance. It shall be the duty of the building inspector: (a) To locate abandoned structures within the Town and determine which structures are in violation of this ordinance; (b) To take such action pursuant to this ordinance as may be necessary to provide for the repair, closing or demolition of such structures; (c) To keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this ordinance; and (d) To perform such other duties as may be prescribed herein or assigned to him by the board of commissioners Powers of the building inspector. The building inspector is authorized to exercise such powers as may be necessary to carry out the intent and the provisions of this ordinance, including the following powers in addition to others herein granted: Town of Erwin Code of Ordinances 1-12

187 Part 9 Chapter 1 Article C Repair, Closing, or Demolition of Abandoned Structures Building Code Enforcement (a) To investigate the condition of buildings within the Town in order to determine which structures are abandoned and in violation of this ordinance; (b) To enter upon premises for the purpose of making inspections; (c) To administer oaths and affirmations, examine witnesses, and receive evidence; and (d) To designate such other officers, agents and employees of the Town as he deems necessary to carry out the provisions of this ordinance. (Ordinance, passed ) Standards for enforcement. (a) Every abandoned structure within the Town shall be deemed in violation of this ordinance whenever such structure constitutes a hazard to the health, safety or welfare of the Town citizens as a result of (1) The attraction of insects or rodents; (2) Conditions creating a fire hazard; (3) Dangerous conditions constituting a threat to children; or (4) Frequent use by vagrants as living quarters in the absence of sanitary facilities. (b) In making the preliminary determination of whether or not an abandoned structure is in violation of this ordinance, the Building Inspector may, by way of illustration and not limitation, consider the presence or absence of the following conditions: (1) Holes or cracks in the structure's floors, walls, ceilings or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects; (2) The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects; (3) Violations of the State Building Code, the State Electrical Code, or the Fire Prevention Code which constitutes a fire hazard in such structure; (4) The collection of garbage, rubbish or combustible material which constitutes a fire hazard in such structure; (5) The use of such structure or nearby grounds or facilities by children as a play area; Town of Erwin Code of Ordinances 1-13

188 Part 9 Chapter 1 Article C Repair, Closing, or Demolition of Abandoned Structures Building Code Enforcement (6) Violations of the State Building Code which might result in danger to children using the structure or nearby grounds or facilities as a play area; and (7) Repeated use of such structure -by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating. (Ordinance, passed ) Procedure for enforcement. (a) Preliminary investigation; notice; hearing. Whenever a petition is filed with the building inspector by a public authority or by at least five (5) residents of the Town charging that any structure exists in violation of this ordinance or whenever it appears to the inspector, upon inspection, that any structure exists in violation hereof, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will be held before the inspector at a place therein fixed, not less than ten (10) nor more than thirty (30) days after the serving of said complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such structure. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector. (b) Procedure after hearing. (1) After such notice and hearing, the inspector shall state in writing his determination whether such structure violates this ordinance. (2) If the inspector determines that the structure is in violation he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter, and improve such structure or else remove or demolish the same within a specified period of time not to exceed ninety (90) days. Town of Erwin Code of Ordinances 1-14

189 Part 9 Chapter 1 Article C Repair, Closing, or Demolition of Abandoned Structures Building Code Enforcement (c) Failure to comply with order. (1) In personam remedy. If the owner of any structure shall fail to comply with an order of the inspector within the time specified therein, the inspector may submit to the board of commissioners at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the inspector, as authorized by G.S. 160A-446(g). (2) In rem remedy. After failure of an owner of a structure to comply with an order of the inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (c) of this section, the inspector shall submit to the board of commissioners an ordinance ordering the inspector to cause such structure to be removed or demolished, as provided in the original order of the inspector, and pending such removal or demolition, to placard such dwelling as provided by G.S. 160A-443. (d) Petition to superior court by owner. Any person aggrieved by an order issued by -the inspector shall have the right, within thirty (30) days after issuance of the order to petition the superior court for a temporary injunction restraining the inspector pending a final disposition of the cause, as provided by G.S. 160A-446(f). (Ord., passed ) Methods of service of complaints and orders. Methods of service of complaints and orders. Complaints or orders issued by the inspector shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the inspector in the exercise of reasonable diligence, the inspector shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publication in a newspaper having general circulation in the Town at least once, no later than the time at which personal service is required under section of this ordinance. Where service is made by publication, a notice of the pending proceedings shall be posted in conspicuous place on the premises affected by the complaint or order. (Ordinance, passed 8-488) Town of Erwin Code of Ordinances 1-15

190 Part 9 Chapter 1 Article C Repair, Closing, or Demolition of Abandoned Structures Building Code Enforcement In rem action by inspector; placarding. (a) After failure of an owner of a structure to comply with an order of the inspector issued pursuant to the provisions of this ordinance, and upon adoption by the Town Council of an ordinance authorizing and directing him to do so, as provided by G.S. 160A443(5) and Section (c) of this ordinance, the inspector shall proceed to cause such structure either to be repaired or else removed or demolished, as directed by the ordinance of the board of commissioner and shall cause to be posted on the main entrance of such structure a placard prohibiting the use or occupation of the structure. Use or occupation of a building so posted shall constitute a misdemeanor. (b) Each such ordinance shall be recorded in the office of the county register of deeds, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160A-443(5). (Ordinance, passed ) Costs of lien on premises. As provided by G.S. 160A-446(6), the amount of the cost of any removal or demolition caused to be made or done by the building inspector pursuant to this ordinance shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as provided by Article 10, Chapter 160A of the General Statutes. (Ordinance, passed 8-488) Alternative remedies. Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this ordinance by criminal process, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. (Ordinance, passed ) Town of Erwin Code of Ordinances 1-16

191 Part 9 Chapter 2 Chapter 2 Table of Contents Building Regulations ARTICLE A General Provisions Scope of article Registration of contractors; required Same; bond Permits; required Same; contents of application Same; plans and specifications Same; limitations Same; issuance Same; revocation Time limitations on validity of permit Changes in work after permit issued Schedule of permit fees through reserved. ARTICLE B Codes Adopted Scope of chapter and regulatory codes Building code adopted. Administration and enforcement adopted. Accessibility adopted Plumbing code adopted Mechanical code adopted Electrical code adopted Fire prevention code adopted Gas code adopted Residential code adopted Modular construction requirements adopted Existing buildings adopted Energy adopted Amendments to codes Compliance with codes Copies of codes on file. Editorial Note: For State law as to Building Code generally, see G.S at seq. T feerrwiinccodde eoof rdiinaan ncce 2-1

192 Part 9 Chapter 2 Article A In General Building Regulations Scope of article. (a) The provisions of this article and of the regulatory codes herein adopted shall apply following (1) The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use and occupancy of every building or structure or any appurtenances connected or attached to such building or structure. (2) The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems and all fixtures and appurtenances thereof. (3) The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air-conditioning and refrigeration systems, fuel burning equipment and appurtenances thereof. (4) The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof. (b) The adoption of this chapter and the codes herein adopted by reference shall constitute resolution within the meaning of section (b) of the General Statutes of North Carolina making the regulatory codes adopted applicable to dwellings and out buildings used in connection therewith and to apartment buildings used exclusively as the residence of not more than two families Registration of contractors; required. Every person carrying on the business of building contractor, plumbing contractor, heating and air-conditioning contractor or electrical contractor within the Town shall register at the office of the inspection department, giving his name and place of business Same; bond. The building inspector may at his discretion request a good and sufficient bond in the sum of one thousand dollars ($1,000.00), to be approved by the Town attorney, conditioned upon the faithful performance of a contractor in doing any work which he contracts to do and Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-2

193 Part 9 Chapter 2 Article A In General Building Regulations indemnifying the Town against loss in any manner whatsoever for any unskillful or negligent work or conduct in the performance of the duties imposed by the provisions of this article, for any damage to any utility lines, streets or sidewalks in the Town, for the use of defective or improper material in such work, for any damage which may accrue to any person by reason of default of the contract or for the payment of any inspection or other fees required by this article Permits; required. (a) Building permit. (1) No person shall commence or proceed with the construction, reconstruction, alteration, repair, removal or demolition of any building or any part thereof, without a written permit therefor from the building inspector; provided, that no building permit shall be required for work the total cost of which does not exceed two hundred dollars ($200.00) and which does not involve any change of the structural parts or the stairways, elevators, fire escapes or other means of egress from the building. (2) In cases of removal or demolition of a building or structure, a good and sufficient bond in the sum of five hundred dollars ($500.00) may be required to be posted by the property owner or by his contractor at the time of application for a permit to insure complete removal or demolition, including all rubble and debris. Failure on the part of the property owner or his contractor to completely demolish, remove and clear the premises after thirty (30) days notice by the building inspector, shall be cause for forfeiture of such bond. (b) Plumbing permit. No person shall commence or proceed with the installation, extension, or general repair of any plumbing system without a written permit therefor from the plumbing inspector; provided, that no permit shall be required for minor repairs or replacements on the house side of a trap to an installed system of plumbing if such repairs or replacements to not disrupt an original water supply or the waste or ventilating systems. (c) Heating and air-conditioning permit. No person shall commence or proceed with the installation, extension, alteration or general repair of any heating or cooling equipment system without a written permit from the heating and air-conditioning inspector: provided, that no permit shall be required for minor repairs or minor burner services or filter replacements of warm air furnaces or cooling systems. (d) Electrical permit. No person shall commence or proceed with the installation, extension, alteration or general repair of any electrical wiring, devices, appliances or equipment Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-3

194 Part 9 Chapter 2 Article A In General Building Regulations without a written permit therefor from the electrical inspector; provided, that no permit shall be required for minor repair work such as the replacement of lamps or the connection of portable devices to suitable receptacles which have been permanently installed. No permit shall be required for the installation, alteration or repair of the electrical wiring, devices, appliances and equipment installed by or for an electrical public utility corporation for the use of such corporation in the generation, transmission, distribution or metering of electrical energy or for the use of such corporation in the operation of signals or the transmission of intelligence. State Law Reference: For State law as to construction, plumbing, etc., see G.S. 160A Same; contents of application. Written application shall be made for all permits required by this article on forms provided by the inspection department at least five (5) days prior to construction. Such application shall be made by the owner of the building affected or by his authorized agent or representative, and, in addition to such other information as may be required by the appropriate inspector, shall show the following: (1) Name, residence and business address of the owner. (2) Name, residence and business address of the authorized representative or agent, if any. (3) Name and address of the contractor, if any, together with evidence that he has obtained a certificate from the appropriate State licensing board for such contractors, if such is required for the work involved in the permit for which application is made Same; plans and specification. (a) Detailed plans and specifications shall accompany each application for a permit when the estimated total cost of the building is in excess of the amount provided by State law, and for any other building where plans and specifications are deemed necessary by the appropriate regulatory codes. (b) Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed, and the plans and specifications together shall contain information sufficient to indicate that the work proposed will conform to the provisions of this article. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-4

195 Part 9 Chapter 2 Article A In General Building Regulations (c) Where plans and specifications are required, a copy of the same shall be kept at the work until all authorized operations have been I completed and approved by the appropriate inspector Same; limitations. (a) No building permit shall be issued for any building the estimated total cost of which is more than thirty thousand dollars ($30,000.00) unless the work is to be performed by a licensed general contractor. (b) No building permit shall be issued for any building, other than a one (1) or two (2) family dwelling, the estimated total cost of which is more than thirty thousand dollars ($30,000.00) unless the plans bear the State seal of a registered architect or a registered engineer. (c) Where any provision of the State law or of this code or other ordinance required that work be done by a licensed specialty contractor of any kind, no permit for such work shall be issued unless it is to be performed by such contractor. (d) Where detailed plans and specifications are required under this article, no building permit shall be issued unless such plans and specifications have been provided Same; issuance. When proper application for a permit has been made and the appropriate inspector is satisfied that the application and the proposed work comply with the provisions of this chapter, he shall issue such permit upon payment of the proper fees as provided in section Same; revocation. The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing stating the reason for such revocation. Permits shall be revoked for any material departure from the approved application plans or specifications; for refusal or failure to comply with proper orders of the inspector; for refusal or failure to comply with the requirements of this article, or for false statements or misrepresentations made in securing such permit. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-5

196 Part 9 Chapter 2 Article A In General Building Regulations Time limitations on validity of permit. All permits issued under this article shall expire by limitation six (6) months after the date of issuance if work authorized by the permit has not been commenced. If after commencement, the work is discontinued for a period of twelve (12) months, the permit therefor shall immediately expire. No work authorized by any permit, which has expired, shall thereafter be performed until a new permit therefor has been secured Changes in work after permit issued. After a permit has been issued, no changes or deviations from the terms of the application and permit or changes or deviations from the plans or specifications involving any work under the jurisdiction of this chapter shall be made until specific written approval of such changes or deviations has been obtained from the appropriate inspector Schedule of permit fees. Fees for permits shall be based upon the total estimated cost of the proposed work, including all sub-contracts if any, but in no case shall the total estimated cost be less than the market value of similar completed work in the town as determined by the appropriate inspector. Permit fees shall be as set out in the schedule in the Town clerk's office through reserved. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-6

197 Part 9 Chapter 2 Article B Regulatory Codes Adopted by Reference Building Regulations Scope of Chapter and Regulatory Codes. The provisions of this chapter and of the regulatory codes herein adopted shall apply to location, design, materials, equipment, construction, reconstruction, installation, erection, alteration, enlargement, extensions, maintenance, repair, moving, or demolition, of any new or existing building or structure including the mechanical, plumbing, electrical, energy, accessibility, fire prevention, and any regulatory codes and their requirements adopted by the North Carolina Building Code Council Vol. I - Building Code Adopted. The most current edition of the North Carolina State Building Code, General Construction, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. IA - Administration and Enforcement Adopted. The most current edition of the North Carolina Administration and Enforcement, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. IC - Accessibility Adopted. The most current edition of the North Carolina Accessibility Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol Plumbing Code Adopted. The most current edition of the North Carolina Plumbing Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-7

198 Part 9 Chapter 2 Article B Regulatory Codes Adopted by Reference Building Regulations Vol. III - Mechanical Code Adopted. The most current edition of the North Carolina Mechanical Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. IV - Electrical Code Adopted. The most current edition of the North Carolina Electrical Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. V - Fire Prevention Code Adopted. The most current edition of the North Carolina Fire Prevention Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. VI - Gas Code Adopted. The most current edition of the North Carolina Gas Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. VII - Residential Code Adopted. The most current edition of the North Carolina Residential Building Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. VIII - Modular Construction Requirements Adopted. The most current edition of the North Carolina Modular Construction Requirements Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-8

199 Part 9 Chapter 2 Article B Regulatory Codes Adopted by Reference Building Regulations Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. IX - Existing Buildings Adopted. The most current edition of the North Carolina Existing Buildings Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Vol. X - Energy Adopted. The most current edition of the North Carolina Energy Code, as adopted by the North Carolina Building Code Council, and as amended, is hereby adopted by reference as fully as though set forth herein Amendments To Codes. Amendments to the regulatory codes adopted by reference herein, which are from time to time adopted and published by the agencies or organizations referred to herein shall be effective in the town at the time the amendments are filed with the Town Clerk-Treasurer or Building Inspector Compliance With Codes. All buildings or structures which are hereafter constructed, reconstructed, erected, altered, extended, enlarged, repaired, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of the applicable North Carolina State Building Codes Copies Of Codes On File. An official copy of each regulatory code adopted herein and official copies of all amendments thereto shall be kept on file in the office of the Town Clerk-Treasurer or the Building Inspector. Such copies shall be the official copies of the codes and the amendments. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 2-9

200 Part 9 Chapter 3 Chapter 3 Table of Contents Subdivision Regulations ARTICLE 1 Introductory Provisions Title Purpose Authority Jurisdiction Prerequisite Thoroughfare Plans School Sites on Land Use Plan Zoning and Other Plans through reserved. ARTICLE 2 Legal Provisions General Procedure for Plat Approval Statement by Owner Effect of Plat Approval on Dedications Penalties for Violation Separability Variances Amendments Abrogation Effective Date Adoption Administration through reserved. ARTICLE 3 Procedure For Review and Approval of Subdivision Plats Plat Shall be Required on Any Subdivision of Land Approval Prerequisite Procedures for Review of Major or Minor Subdivisions Procedure for Review of Minor Subdivisions Sketch Plan for Major Subdivisions Preliminary Plat Submission and Review Final Plat Submission and Review Information to be Contained in or Depicted on Preliminary and Final Plat through reserved. Town of Erwin Code of Ordinances 3-1

201 Part 9 Chapter 3 Chapter 3 Table of Contents Subdivision Regulations ARTICLE 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design General Suitability of Land Name Duplication Subdivision Design Improvements. ARTICLE 5 Construction and Acceptance Procedures Construction Procedure Final Inspection As Built Drawings Defects Guarantee Acceptance. ARTICLE 6 Definitions Subdivision Defined Other Definitions Word Interpretation. APPENDIX Town of Erwin Code of Ordinances 3-2

202 Part 9 Chapter 3 Article 1 Introductory Provisions Subdivision Regulations Title. This ordinance shall be known and may be cited as the Subdivision Ordinance of the Town of Erwin, North Carolina, and may be referred to as the Subdivision Ordinance Purpose. The purpose of this ordinance is to establish procedures and standards for the development and subdivision of land within the jurisdiction of Town of Erwin. It is further designed to provide for the orderly growth and development of the Town; for the coordination of streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights-of-way or easements for street and utility purposes; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare. This ordinance is designed to further facilitate adequate provision of water, sewerage, parks, schools, and playgrounds, and also to facilitate the further resubdivision of larger tracts into smaller parcels of land Authority. This ordinance is hereby adopted under the authority and provision of the General Statutes of North Carolina, Chapter 160A, Article 19, Part Jurisdiction. The regulations contained herein, as provided in G.S. 160A, Article 19 shall govern each and every subdivision within the jurisdiction of Erwin Prerequisite. After the effective date of this ordinance, each individual major subdivision of land within the Town of Erwin's jurisdiction shall first be reviewed and considered for approval by the Erwin Town of Erwin Code of Ordinances 3-3

203 Part 9 Chapter 3 Article 1 Introductory Provisions Subdivision Regulations Planning Board, with final approval being required by the Erwin Town Board. (Ordinance of 2/3/94) Thoroughfare Plans. When a proposed subdivision includes any part of a thoroughfare which has been designated as such upon the officially adopted thoroughfare plan of the Town, such part of such thoroughfare shall be plated by the subdivider in the location shown on the plan and at the width specified in this ordinance School Sites on Land Use-Plan. If the Erwin Town Board of Commissioners and Board of Education have jointly determined the specific location and size of any school sites to be reserved and this information appears in the comprehensive land use plan, the Planning Board shall immediately notify the Board of Education whenever a sketch plan for a subdivision is submitted which includes all or part of a school site to be reserved. The Board of Education shall promptly decide whether it still wishes the site to be reserved. If the Board of Education does not wish to reserve the site, it shall so notify the Planning Board. If the Board of Education has not purchased or begun proceedings to condemn the site within eighteen (18) months, the subdivider may treat the land as freed of the reservation Zoning and Other Plans. Similarly, proposed subdivisions must comply in all respects with the requirements of the zoning ordinance in effect in the area to be subdivided, and any other officially adopted plans through reserved. Town of Erwin Code of Ordinances 3-4

204 Part 9 Chapter 3 Article 2 Legal Provisions Subdivision Regulations General Procedure for Plat Approval. After the effective date of this ordinance, no subdivision plat of land within the Town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the Town Planning Board as set forth in of this ordinance, and until this approval is entered in writing on the face of the plat by the Chairman of the Planning Board and by the Town Clerk. The Harnett County Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the Town of Erwin that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this section Statement by the owner. The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether any land shown thereon is within the subdivision regulation jurisdiction of Town of Erwin, North Carolina Effect of Plat Approval on Dedications Pursuant to G. S. 160A-374, the approval of a plat does not constitute or effect the acceptance by the Town of the dedication of any street or other ground, public utility line, or other public facility shown on the plat and shall not be construed to do so Penalties for Violation After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this ordinance, thereafter subdivides his land in violation of this ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this ordinance and recorded in the Office of the Harnett County Register of Deeds, shall be guilty of a misdemeanor. The description by meets and bounds in the instrument of transfer or other document used in the process of selling or Town of Erwin Code of Ordinances 3-5

205 Part 9 Chapter 3 Article 2 Legal Provisions Subdivision Regulations transferring land shall not exempt the transaction from this penalty. The Town through its attorney or other official designated by the Town Board may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G. S The violation of any provision of this ordinance shall subject the offender to a civil penalty in the amount of $50.00 to be recovered by the Town. Violators shall be issued a written citation which must be paid within ten (10) days Each day's continuing violation of this ordinance shall be a separate and distinct offense Notwithstanding Subsection above, this ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction Nothing in this section shall be construed to limit the use of remedies available to the Town. The Town may seek to enforce this ordinance by using any one, all, or a combination of remedies Separability. Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid Variances. The Erwin Town Board may only authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Town Board shall make the findings required below, taking into account the nature of the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the Town of Erwin Code of Ordinances 3-6

206 Part 9 Chapter 3 Article 2 Legal Provisions Subdivision Regulations vicinity. No variance shall be granted unless the Town Board finds all four of the following conditions to clearly exist: a) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. c) That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristics of other parcels in the jurisdiction of this ordinance. d) That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which said property is situated. (Ordinance 2/3/94) Amendments. The Town Board may from time-to-time amend the terms of this ordinance (but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation). If the Planning Board fails to submit a report within the specified time, it shall be deemed to have recommended approval of the amendment. No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the Town of Erwin at least once a week for two (2) successive calendar weeks prior to the hearing. The initial notice shall appear not more than twenty-five (25) nor less than ten (10) days prior to the hearing date. In computing the ten (10)- twenty-five (25)-day period, the date of publication is not to be counted, but the date of the hearing is Abrogation. It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall govern. Town of Erwin Code of Ordinances 3-7

207 Part 9 Chapter Effective Date. Article 2 Legal Provisions Subdivision Regulations This ordinance shall take effect and be in force from and after, Adoption. Duly adopted by the Town of Erwin, North Carolina Board of Commissioners this the day of. Mayor Clerk Administration. This ordinance shall be administered and enforced by an Administrative Officer or the designated representative who shall be named by the Town Board Reserved. (Ordinance 2/3/94) through Reserved. Town of Erwin Code of Ordinances 3-8

208 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Plat Shall be Required on Any Subdivision of Land. Pursuant to G. S. 160A, Article 19, Part 2, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place Approval Prerequisite to Plat Recordation. Pursuant to G. S. 160A-372, no final plat of a subdivision within the jurisdiction of the Town of Erwin as established in of this ordinance shall be recorded by the Register of Deeds of Harnett County until it has been approved as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedures established in this article Procedure for Review of Major or Minor Subdivisions. All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this section. Major subdivisions shall be reviewed in accordance with the procedures in through Minor subdivisions shall be reviewed in accordance with the provisions in A minor subdivision is defined as one involving no new public or private streets or roads, or right-of-way dedication, no easements, and no utility extension. (Ordinance of 2/3/94) (Amended on May 7, 2009) Minor Subdivisions shall be further defined as: (a) Any subdivision which creates a maximum of three (3) lots each of which front on a state or town maintained road or (b) Any subdivision which allows a maximum of three (3) lots to be created on a fifty (50) foot easement abutting a state or town maintained road which meets the following requirements: A. Each lot shall meet the minimum zoning requirements in regards to lot size, use, and frontage at time of the subdivision. B. An easement cannot be created off of an existing easement or privately maintained road. In addition, all new easements must have a road maintenance agreement approved and recorded alongside the subdivision plat. C. Easements must be no longer than one thousand (1,000) feet in length total. D. Access ways for minor subdivisions which allow more than one

209 Part 9 Article 3 Subdivision Chapter 4 Procedure for Review and Regulations (1) lot to be created on any easement, shall be required to meet the following road construction standards: 1. There shall be an access travel way width of a minimum of twenty (20) feet. 2. The travel way shall extend the entire length of the easement. 3. The travel way shall be clear of all obstruction and debris. 4. The travel way shall be compacted and layered with three (3) inches of aggregate base course or improved according to the NCDOT Subdivision Manual, latest edition. (Amended on February 3, 2011) Procedure for Review of Minor Subdivisions Sketch Plan for Minor Subdivision Prior to submission of a final plat, the subdivider shall submit to the Subdivision Administrator two (2) copies of a sketch plan of the proposed subdivision containing the following information: a)sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways; b) The boundaries of the tract and the portion of the tract to be subdivided; c) The total acreage to be subdivided; d) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it; e) The existing street layout and right-of-way width, lot layout and size of lots; f) The name, address and telephone number of the owner, g) The name, if any, of the proposed subdivision; h) Streets and lots of adjacent developed or plated properties; i) The zoning classification of the tract of adjacent properties; j) A statement from the Harnett County Health Department that a copy of the sketch plan has been submitted to them, if a septic tank system or other on-site water or wastewater systems are to be used in the subdivision. Town of Erwin Code of Ordinances 3-9

210 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations The Subdivision Administrator shall review it for general compliance with the requirements of this ordinance and the Zoning ordinance; the subdivision administrator shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the final plat. One (1) copy of the sketch plan shall be retained by the subdivision administrator, and one (1) copy shall be returned to the subdivider or his authorized agent Final plat for minor subdivisions. Upon approval of the sketch plan by the subdivision administrator the subdivider may proceed with the preparation of the final plat in accordance with the requirements of this ordinance. The subdivider shall submit the final plat so marked, to the Subdivision Administrator who shall review it for compliance. The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Town of Erwin Code of Ordinances

211 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G. S and the manual of Practice for Land Surveying in North Carolina. Five copies of the final plat shall be submitted, two (2) of these shall be on reproducible material; three (3) shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the Harnett County Register of Deeds. The final plat shall be of a size suitable for recording with the Harnett County Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200) feet. Maps may be placed on more than one sheet with appropriate match lines. Submission of the final plat shall be accompanied by a filing fee of $25.00 for major subdivisions and $5.00 for Minor subdivisions. The final plat shall meet the specification in of this ordinance. The following signed certificates shall appear on all five (5) copies of the final plat. a) Certificate of Ownership and Dedication I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Erwin and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted. Date Owner b) Certificate of Survey and Accuracy In accordance with the Manual of Practice for Land Surveying in North Carolina: Town of Erwin Code of Ordinances 3-11

212 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations On the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgements and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map which were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following general form: State of North Carolina Town of Erwin I, certify that this map was drawn by me (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book, Page, Book, Page, etc.) (other); that the ratio of precision as calculated by latitudes and departures is 1: (that the boundaries not surveyed are shown as broken lines plotted from information found in Book, Page ); that this map was prepared in accordance with G. S , as amended. Witness my hand and seal this day of, A. D. 20. Registered Land Surveyor Official Seal Registration Number I (officer authorized to take acknowledgements) do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged the due Town of Erwin Code of Ordinances 3-12

213 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations execution of this certificate. Witness my hand and (where an official seal is required by law) official seal this the day of (year). Notary Public Official Seal The subdivision administrator shall have the authority to approve all minor subdivisions, provided that all of the applicable requirements are met. If the subdivision administrator approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate: Certificate of Approval for Recording I hereby certify that the subdivision plat shown herein has been found to comply with the Subdivision Ordinance of Town of Erwin, North Carolina and that this plat has been approved for recording in the Office of the Register of Deeds of Harnett Count Subdivision Administrator Erwin, North Carolina Date If the final plat is disapproved by the subdivision administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) plat shall be retained by the subdivision administrator as part of the records; one (1) copy of the reason and three (3) copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the subdivision administrator, or appeal the decision to the Erwin Town Board. Before rendering a final ruling, the Erwin Town Board may utilize the services of Town of Erwin Code of Ordinances 3-13

214 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations the Town Engineer, if such services are determined to be required. In such a case, all engineering expenses shall be paid by the subdivider. If the final plat is approved by the subdivision administrator, the original tracing and one (1) print of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the Town Clerk, and one (1) print shall be retained by the subdivision administrator for the records. The subdivider shall file the approved final plat with the Register of Deeds of Harnett County within thirty (30) days of the approval; otherwise such approval shall be null and void. (Ordinance of 2/3/94) Sketch Plan for Major Subdivisions Number of Copies and Contents Prior to the preliminary plat submission, the subdivider shall submit to the subdivision administrator two (2) copies of a sketch plan of the proposed subdivision containing the following information. a) A sketch vicinity map showing the location of the Subdivision in relation to neighboring tracts, subdivisions, roads, and waterways; b) The boundaries of the tract and the portion of the tract to be subdivided; c) The total acreage to be subdivided; d) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it; e) The proposed street layout with approximate pavement and right-of-way width, lot layout and size of lots; f) The name, address, and telephone number of the owner; g) The name, if any, of the proposed subdivision; h) Streets and lots of adjacent developed or plated properties; i) The zoning classification of the tract and of adjacent properties; Town of Erwin Code of Ordinances 3-14

215 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations j) A statement from the Harnett County Health Department that a copy of the sketch plan has been submitted to them, if a septic tank system or other on-site water or wastewater systems are to be used in the subdivision Submission and Review Procedure The Subdivision Administrator shall review the sketch plan for general compliance with the requirements of this ordinance and the zoning ordinance; the Subdivision Administrator shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats. One (1) copy of the sketch plan shall be retained by the subdivision administrator and one (1) copy shall be returned to subdivider or his authorized agent Preliminary Plat Submission and Review Submission Procedure For every subdivision within the territorial jurisdiction established by of this ordinance, which does not qualify for the abbreviated procedure, the subdivider shall submit a preliminary plat which shall be reviewed and considered for approval by the Planning Board, with final approval being required by the Erwin Town Board. Twenty (20) copies of the preliminary plat (as well as any additional copies which the Planning Board or Town Board determines are needed to be sent to other agencies) shall be submitted to the Subdivision Administrator at least fifteen (15) days prior to the next regularly scheduled Planning Board meeting. Upon officially receiving the preliminary plat, the Planning Board shall make no recommendations for approval to the Erwin Town Board until the next regularly scheduled Planning Board meeting. Preliminary plats shall meet the specifications in (Ordinance of 2/3/94) Town of Erwin Code of Ordinances 3-15

216 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Review by Other Agencies. Concurrent with submission of the preliminary plat to the Subdivision Administrator, the subdivider shall submit copies of the preliminary plat and any accompanying material to other officials and agencies concerned with new development including but not limited to: the district highway engineer as to proposed streets, highways, and drainage systems; the Harnett County Health Director as to proposed water and sewerage systems; the North Carolina Department of Natural Resources and Community Development Land Quality Section as to the erosion control requirements; and any other agency or official designated by the Planning Board for review and recommendation. The Subdivision administrator will inform the subdivider which agencies are applicable for a given plat Review Procedure If the Planning Board recommends approval of the preliminary plat, it shall be submitted to the Erwin Town Board for consideration of final approval. If the Erwin Town Board approves the preliminary plat, such approval shall be noted on two (2) copies of the plat. One (1) copy of the plat shall be retained by the Town Board and one (1) copy shall be returned to the subdivider. If the Town Board approves the preliminary plat with conditions, approval shall be noted on two (2) copies of the plat along with a reference to the conditions. One (1) copy of the plat along with the conditions shall be retained by the Town Board and one (1) copy of the preliminary plat along with the conditions shall be returned to the subdivider. If the Town Board disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. One (1) copy of the plat and reasons shall be retained by the Town Board and one (1) copy shall be returned to the subdivider. At any time during its review of the preliminary plat, the Town Board may choose to utilize the services of the Town Engineer to assist in the review process. The costs of these engineering services shall be paid for by the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat. Town of Erwin Code of Ordinances 3-16

217 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Final Plat Submission and Review Preparation of Final Plat and Installation of Improvements Upon approval of the preliminary plat by the Town Board, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this ordinance. Prior to approval of the final plat, the subdivider shall have installed the improvements specified in this ordinance or guaranteed their installation as provided herein. No final plat will be approved by the Erwin Town Board unless accompanied by written notice of the subdivision administrator and certification of the Town Engineer, acknowledging compliance with the improvements and guarantee standards of this ordinance. (Ordinance of 2/3/94) Improvements Guarantees Agreement and Security Required In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval the Erwin Town Board may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board, if all other requirements of this ordinance are met. To secure this agreement, the subdivider shall provide, subject to the approval of the Town Board, either one or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein. Surety Performance Bond(s) The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bonds shall be payable to the Town of Erwin and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider Town of Erwin Code of Ordinances 3-17

218 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations and approved by the Town Board, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the Town Board. 2. Cash or Equivalent Security The subdivider shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the Town or in escrow with a financial institution designated as an official depository of the Town. The use of any instrument other than cash shall be subject to the approval of the Town Board. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the Town Board, of installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Town Board an agreement between the financial institution and himself guaranteeing the following: (i) That said escrow account shall be held in trust until released by the Town Board and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and (ii) That in the case of a failure on the part of the subdivider to complete said improvements the financial institution shall, upon notification by the Town Board, and submission by the Town Board to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the Town the funds estimated to complete the improvement, up to the full balance of the escrow account, or deliver to the Town any other instruments fully endorsed or otherwise made payable in full to the Town. b) Default Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall if requested by the Town Board, pay all or any portion of the bond or escrow fund to the Town of Erwin up to the Town of Erwin Code of Ordinances 3-18

219 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations amount needed to complete the improvements based on the Town engineer s estimate. Upon payment, the Town Board, in its discretion, may expend such portion of said funds, as it deems necessary to complete all or any portion of the required improvements. The Town shall return to the subdivider any funds not spent in completing the improvements. c) Release of Guarantee Security The Town Board may release a portion of any security posted as the improvements are completed and approved by the Town Engineer. When the Town Board approves said improvements, then the Town Board shall immediately release any security posted Submission Procedure The subdivider shall submit the final plat, so marked, to the subdivision administrator, who shall forward it to the Erwin Town Board for review at their next regular meeting; further the final plat for the first stage of the subdivision shall be submitted not more than twelve (12) months after the date on which the preliminary plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit is granted by the Erwin Town Board on or before the twelve (12) month anniversary of the approval. The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G. S and the Manual of Practice for Land Surveying in North Carolina. Five (5) copies of the final plat shall be submitted; two (2) of these shall be on reproducible material; three (3) shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the Harnett County Register of Deeds. Town of Erwin Code of Ordinances 3-19

220 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations The final plat shall be of a size suitable for recording with the Harnett County Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200) feet. Maps may be placed on more than one (1) sheet with appropriate match lines. Submission of the final plat shall be accompanied by a filing fee of $25.00 for major subdivisions and $5.00 for Minor subdivisions. The final plat shall meet the requirements in of this ordinance. The following signed certificates shall appear on all five (5) copies of the final plat: Certificate of Ownership and Dedication I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Erwin and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to the Town of Erwin. DATE OWNERS b) Certificate of Survey and Accuracy In accordance with the manual of Practice for Land Surveying in North Carolina. On the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgements and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement or error of closure calculated by latitudes and departures. Any lines on the map which were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information. Town of Erwin Code of Ordinances 3-20

221 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations The certificate shall take the following general form: I,, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book, Page, Book, Page, etc.) (other); that the ratio of precision as calculated by latitudes and departure is 1:. (that the boundaries not surveyed are shown as broken lines plotted from information found in Book, Page ): that this map was prepared in accordance with G.S as amended. Witness my hand and seal this day of, A.D. 20. Registered Land Surveyor Registration Number Official Seal I, (officer authorized to take acknowledgements) do hereby certify that (name of registered surveyor) personally appeared before me this day and acknowledged and due execution of this certificate. Witness my hand and (where an official seal is required by law) official seal this the day of (year). Notary Public Official Seal c) Installation of Streets, Utilities, and Other Required Improvements. I hereby certify that all streets, utilities and other required improvements have been installed in a manner approved by the appropriate state or local authority and according to Town specifications and standards in the Subdivision or that Town of Erwin Code of Ordinances 3-21

222 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations guarantees of the installation of the required improvements in an amount and manner satisfactory to Town of Erwin has been received, and that the filing fee for this plat, in the amount of $ has been paid. Subdivision Administrator Date The Erwin Town Board shall review the final plat at or before its next regularly scheduled meeting which follows at least fifteen (15) days after the Erwin Town Board receives the final plat and shall approve, or disapprove of the final plat with reasons within forty (40) days of its first consideration of the plat. During its review of the final plat the Erwin Town Board shall have its Town Engineer to confirm the accuracy of the final plat. The costs for these engineering services shall be paid by the subdivider. If the Erwin Town Board approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate: Certificate of Approval for Recording I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Ordinance of the Town of Erwin, North Carolina, and that this plat has been approved by the Erwin Town Planning Board for recording in the Office of the Register of Deeds of Harnett County. Chairman of the Planning Board Erwin, North Carolina Date If the final plat is disapproved by the Erwin Town Board, the reasons for such disapproval shall be stated in writing, specifying the provisions of this ordinance with which the Town of Erwin Code of Ordinances 3-22

223 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations final plat does not comply. One (1) copy of such reasons and one (1) print of the plat shall be retained by the Erwin Town Board as part of its proceedings; one (1) copy of the reasons and three (3) copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Erwin Town Board. If the final plat is approved by the Planning Board, the original tracing and one (1) print of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the Town Clerk, and one (1) print shall be retained by the Planning Board for its records. The subdivider shall file the approved final plat with the Register of Deeds of Harnett County within six (6) months of Planning Board approval; otherwise such approval shall be null and void. (Ordinance of 2/3/94) Information to be Contained in or Depicted on Preliminary and Final Plat. The preliminary and final plats shall depict or contained the information indicated in the following table: Town of Erwin Code of Ordinances 3-23

224 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Information Plats Preliminary Title Block Containing Property designation Name of owner Location (including township, county and state) Date or dates survey was conducted and plat prepared A scale of drawing in feet per inch listed in words or figures A bar graph Name, address, registration number and seal of the Registered Land Surveyor The name of the subdivider A sketch vicinity map showing the relationship between the proposed subdivision and surrounding area Corporate limits, township boundaries, county lines if on the subdivision tract The names, addresses and telephone numbers of all owners, mortgagees, registered land surveyors, land planners, architects, and professional engineers responsible for the subdivision The registration numbers and seals of the professional engineers Date of plat preparation North arrow and orientation The boundaries of the tract or portion thereof to be subdivided, distinctly and accurately represented with all bearings and distances shown The exact boundary lines of the tract to be subdivided, fully dimensioned by lengths and bearings, and the location of existing boundary lines of adjoining lands The names of owners of adjoining properties The names of any adjoining subdivisions of record or proposed and under review Minimum building setback lines The zoning classifications of the tract to be subdivided and adjoining properties Existing property lines on the tract to be subdivided and on adjoining properties Existing buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and land immediately adjoining Proposed lot lines, lot and block numbers, and approximate dimensions The lots numbered consecutively throughout the subdivision Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, or streambeds and any streams other natural features affecting the site The exact location of the flood hazard, floodway and floodway fringe areas from the community's FHBM or other FEMA maps Final Town of Erwin Code of Ordinances 3-24

225 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Plats Information Preliminary Final The following data concerning streets: Proposed streets Existing and plated streets on adjoining properties and in the proposed subdivision Rights-of-way, locations and dimensions Payment widths 1 Approximate grades 1 Design engineering data for all corners and curves Typical street cross sections Street names Type of street dedication; all streets must be designated either public" or "private". Where public streets are involved which will not be dedicated to a municipality, the subdivider must submit the following documents to the N. C. Department of Transportation District Highway Office for review: a complete site layout, including any future expansion anticipated; horizontal alignment indicating general curve data on site layout plan; vertical alignment indicated by percent grade, PI station and vertical curve length on site plan layout; (the District Engineer may require the plotting of the ground profile and grade line for roads where special conditions or problems exist); 1-Required on preliminary and final plats for major subdivisions and required only on a final plats for minor subdivisions. Typical section indicating the pavement design and width and the slopes, widths and details for either the curb and gutter or the shoulder and ditch proposed; drainage facilities and drainage areas. Where streets are dedicated to the public, but not accepted into a municipal or the state system before lots are sold, a statement explaining the status of the street. If any street is proposed to intersect with a state maintained road, the subdivider shall apply for driveway approval as required by the North Carolina Department of Transportation, Division of Highways' Manual on Driveway Ordinance Evidence that the subdivider has obtained such approval The location and dimensions of all: Utility and other easements Riding trails Natural buffers Pedestrian or bicycle paths Parks and recreation areas with specific type indicated School sites Areas to be dedicated to or reserved for public use Areas to be used for purposes other than residential with the purpose of each stated Plats Town of Erwin Code of Ordinances 3-25

226 Part 9 Chapter 3 Article 3 Procedure for Review and Approval of Subdivision Plats Subdivision Regulations Information Preliminary Final The future ownership (dedication or reservation for public use to governmental body, for owners to duly constituted homeowners' association, or for tenants remaining in subdivider's ownership) of recreation and open space lands The plans for utility layouts including: Public or Community Sewage System (if any) 1 Storm sewers 1 Other drainage facilities, (if any) 1 Public water system (if any) 1 Natural gas lines 1 Telephone lines 1 Electric lines 1 Illustrating connections to existing systems, showing line sizes, the location of fire hydrants, blow offs, manholes, force mains and gate valves. Plans for individual water supply and septic tank systems, if any. Profiles based upon Mean Sea Level datum for sanitary sewers and storm sewers Site calculations including: -Acreage in total tract to be subdivided. Acreage in parks and recreation areas and other nonresidential uses. 1-Required on preliminary and final plats for major subdivisions and required only on a final plats for minor subdivisions. Total number of parcels in created Acreage the smallest lot in the subdivision Linear feet in streets The name and location of any property or buildings within the proposed subdivision or within any contiguous property that is located on the U.S. Department of Interior's National Register of Historic Places- Sufficient engineering data to determine readily and reproduce on the ground every straight or curved line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distance for the center line of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute. The accurate locations and descriptions of all monuments, markers and control points. A copy of any proposed deed restrictions or similar covenants. Such restrictions are mandatory when private recreation areas are established. A copy of the erosion control plan submitted to the appropriate authority, and a copy of the letter of approval of the erosion control plan by the appropriate authority. Topographic map with contour intervals of five feet All certifications required in Town of Erwin Code of Ordinances 3-26

227 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations General. Each subdivision shall contain the improvements specified in this article, which shall be installed in accordance with the requirements of this ordinance and paid for by the subdivider, unless other means of financing is specifically stated in this ordinance. Land shall be dedicated and reserved in each subdivision as specified in this article. Each subdivision shall adhere to the minimum standards of design established by this article Suitability of Land Land which has been determined by the Town Board, on the basis of engineering or other expert surveys, to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposes shall not be plated for that purpose, unless and until the subdivider has taken the necessary measures to correct said conditions to eliminate said dangers Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Harnett County Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed All subdivision proposals shall be consistent with the need to minimize flood damage Name Duplication. The Name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the Town of Erwin and its extraterritorial jurisdiction area. Town of Erwin Code of Ordinances 3-27

228 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations Subdivision Design Blocks a) block lengths shall not exceed fourteen hundred (1400) feet or be less than four hundred (400) feet. b) Blocks should have sufficient width to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from other types of development. c) Where deemed necessary by the Planning Board, a pedestrian crosswalk at least fifteen (15) feet in width may be required to provide convenient public access to a public area such as a park or school, to a water area, or to areas such as shopping centers, religious or transportation facilities Lots 1) All lots in new subdivisions shall conform with the dimensional requirements contained in the Town of Erwin's Zoning Ordinance. 2) Every lot shall front or abut a public street or shall have access to a public street via an approved private street or drive. Approved private streets and drives shall meet the following requirements: a) The street or drive must be adequately designed to allow access by public service and public safety vehicles. b) A permanent easement shall be recorded allowing use by the lot owners and building occupants; and by public service and safety agencies. c) The developer/subdivider shall execute and record an approved statement waiving any claims for damages resulting from normal use by public service and safety agencies, waiving rights to request municipal maintenance in the future (unless designed and constructed to Town street standards), acknowledging public agencies' rights to discontinue services unless the street or drive is maintained property, and establishing responsibility for continuing maintenance of the private nature of the street or drive shall also be included as covenant in all transfers of lots or units in the development. Town of Erwin Code of Ordinances 3-28

229 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations d) Private streets and drives shall be clearly labeled "private" on all plats. 3. Where public water and sewer facilities are not available, every lot shall contain not less than the area prescribed in the zoning ordinance of the Town for the appropriate zone or zones in which the subdivision exists. 4. Where public water and sewer facilities are not available each residential lot shall contain a minimum of 20,000 square feet. Where community water supply is available and sewer facilities are not available each residential lot shall contain a minimum of 15,000 square feet. In no event shall the lot area be less than that prescribed for the area by the zoning regulations. 5. Corner lots for residential use shall have an extra width of twenty (25) feet to permit adequate building setback from side streets. 6. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from through traffic. A buffer strip shall then be deeded to the Town to alleviate this problem. 7. Side lot lines shall be at right angles to straight streets or radial to curved streets, whenever possible. 8. Depth and width of properties reserved or laid out for commercial use and industrial purposed shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated Buffer Strips It is recommended that in residential districts a buffer strip at least ninety (90) feet in depth, in addition to the normal lot depth required, be provided adjacent to all railroads, limited access highways, and commercial developments. This strip shall be a part of the platted lots, but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees or shrubs by the developer; the building of structures hereon is prohibited.'' (Ordinance 2/3/94) Traffic Signs and Street Signs Street name signs shall be uniform and ordered through the Town. Costs shall be borne by the subdivider. These signs shall not be a part of the improvements for which a guarantee is Town of Erwin Code of Ordinances 3-29

230 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations required. They must be paid for and ordered before the final plat is approved. The signs shall be installed by the Town Drainage, Grading a) Lots shall be graded so that water drains away from each building. Surface drainage swales shall be designed so that surface water will drain into a driveway, street gutter or ditch, drain inlet or natural drainageway. b) Drainage easements. Where a subdivision is traversed by a stream or drainage way, an easement of not less than twenty (20) feet shall be provided conforming with the lines of the stream and of sufficient width to be adequate of the minimum used in design Connection to Sewer System a) All subdivision lots within the Town limits shall be served by the Town's sewer system unless the Town is unable to add new customers onto to the system. b) All subdivision lots of thirty thousand (30,000) square feet or less in the Town's extraterritorial jurisdiction shall be served by the Town's sewer system if any portion of the subdivision is within two hundred fifty (250) feet of a Town manhole or gravity sewer line, unless the Town is unable to add new customers onto the system Streets a) Generally in any new subdivision, the street layout shall conform to the arrangement, width and location indicated on any current official plans or maps for the Town. In areas for which such plans have not been designed and located in proper relation to the existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. (1) All streets shall provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means of ingress and egress for surrounding tracts. The Town reserves the right to require the subdivider to extend the dedicated right-of-way for any subdivision street, existing or proposed, to any property line. All Town of Erwin Code of Ordinances 3-30

231 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations streets and roads shall be paved and constructed according to the specification of the North Carolina Department of Transportation and the Town of Erwin. (2) The proposed street layout shall be made according to good land planning practice for the type of development proposed and shall be coordinated with the street system of the surrounding areas. All streets must provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means of ingress and egress for surrounding acreage tracts. (b) Street Classifications. (1) Major streets and thoroughfares shall be planned for continuation of movement of fast traffic between points of heavy traffic generation and from one section of the community to another. They shall contain as few intersections with minor streets as possible. Such thoroughfares should traverse the community and should be spaced approximately one (1) mile apart. (2) Collector streets shall provide a traffic route from minor streets to major thoroughfares. (3) Minor residential streets shall be connecting or loop streets, that shall provide direct and full access to each lot and shall be laid out so that their use by flow through traffic is not encouraged. Cul-de-sacs and dead end streets may also fall under this description if specified conditions exist. (4) Marginal access streets shall be cul-de-sacs or dead end roads directly serving no more than twenty lots. A marginal access street meeting this description may serve as a feeder to other marginal access streets, provided that the total number of lots directly and indirectly accessed does not exceed thirty. In any case, if more than thirty lots are serviced indirectly and directly, the feeder street shall be described as a minor residential street and shall comply with all applicable restrictions. (5) Service drives shall be designed to provide only secondary access. (6) Rural streets are local streets in rural areas where lot size, rural zoning and lack of centralized services preclude the need for curbs and gutters (c) Right-of-way widths. Minimum street right-of-way width shall be as shown in the thoroughfare plan of the community and not less than the following: 1. Major streets and thoroughfares 80 feet 2. Collector streets 60 feet 3. Minor (residential) streets 60 feet Town of Erwin Code of Ordinances 3-31

232 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations A minimum right-of-way width of fifty feet is acceptable when adequate rolled curbing or curb and guttering is provided, in lieu of open drainage swells. 4. Marginal access streets 50 feet 5. Cul-de-sacs, 100 feet (diameter) (d) Pavement widths. Paving widths for the following streets shall be no less than the following: 1. Major streets and thoroughfares 48 feet 2. Collector streets 30 feet 3. Minor (residential) streets 22 feet 4. Marginal access streets 22 feet 5. Cul-de-sacs, 80 feet (diameter) (e) Grades. Unless necessitated by the exceptional topography and subject to the approval of the Erwin Town Board, the grades shall be not more than 10 percent (10%) nor less than one quarter of one percent (.25%) on any street. (1) Grades approaching intersections shall not exceed 5 percent (5%) for a distance of not less than one hundred (100) feet from the centerline of said intersection. (2) Streets grades shall be established wherever practicable in such a manner as to avoid excessive grading, the promiscuous removal of ground cover and tree growth and general leveling of topography. (3) All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to fifteen (15) times the algebraic difference in the rates of grade for major and collector streets, and one-half (1/2) this minimum for all other streets. (f) Cul-de-sacs and dead-end streets. Streets designed to be permanently ended shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turn around having an outside pavement diameter of at least eighty (80) feet and a street property line diameter of at least one hundred (100) feet. If such street is of a temporary nature and a further extension into adjacent land is anticipated, then said turning circle, but beyond the boundaries of the street proper. Such easements shall be automatically vacated to abutting property owners, when said dead-end street is legally extended into adjacent land. If such deadend street extends only one lot depth past a street intersection, no turnaround will be required. Town of Erwin Code of Ordinances 3-32

233 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations (g) Corner radii. Property line at street intersections shall be rounded with a radius of not less than fifty (50) feet for major streets or thoroughfares, thirty (30) feet for collector and industrial streets, and twenty (20) feet for local streets. Chords of cutoff may be permitted in place of rounded corners. (h) Horizontal curves. Angles in the alignment of street lines shall be connected by a curb with a radius on the center line of not less than two hundred (200) feet for local streets, three hundred (300) feet for collector and industrial streets, and five hundred (500) feet for major arterial thoroughfares. Between reverse curves there shall be a tangent at least one hundred (100) feet along major arterial thoroughfares. (i) Street jogs. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be prohibited. (j) Names and numbers of streets. (1) Names of new streets shall not duplicate existing of platted street names unless a new street is a continuation of or in alignment with the existing platted streets. (2) House numbers shall be assigned in accordance with the house numbering system now in effect in the Town. All new streets shall be named in accordance with ordinance regulations of the Town. (k) Tangents. A tangent at least-one hundred (100) feet long shall be provided between all reverse curbs on all streets. (l) Intersections with a major street or highway shall be at least eight hundred (800) feet apart. (Ordinance of 2/3/94)(Ordinance of 5/3/94) Improvements Monuments Monuments and markers shall be installed in accordance with the "Manual of Practice for Land Surveying", published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. Town of Erwin Code of Ordinances 3-33

234 Part 9 Chapter 3 Article 4 Required Improvements, Dedication, Reservation, Minimum Standards of Design Subdivision Regulations Streets (a) Grading. All streets shall be cleared and graded to their full right-of-way width so as to provide adequate shoulders and pedestrian walkways. Finished grades, cross section, and profile shall be approved by the Town Board, after inspection by the Town Subdivision Administrator and the Town Engineer. (b) Paving. The subdivider will be responsible for the installation of the road base and paving necessary to serve his needs and meet the requirements of this ordinance. Paving and base shall be installed in accordance with Town specifications and shall be approved by the subdivision administrator. (c) Streets shall be designed, constructed and paved to the North Carolina Department of Transportation Minimum Construction Standards for Subdivision Roads. (July 1, 1985) Reserved. (Ordinance of 2/3/94) Storm Drainage. Storm drainage shall be provided by the use of open swells, whose slopes shall not exceed a 3 to 1 ratio of fall. In cases where drainage swells may exceed these limits, storm sewers, drainage pipes, catch basins, etc., shall be required in accordance with city specifications, and shall be approved by the Town Engineer. Further these swells shall be no closer than six feet from the edge of the pavement. These six feet shoulders between the pavement edge and the drainage swells shall have a maximum slope of 12 to 1. (Ordinance of 2/3/94) Utilities Water mains shall be a minimum of six (6) inches. Water mains and sewers installed by the subdivider shall be installed according to Town specifications and approved by the Subdivision Administrator Street Lights The subdivider shall arrange with the Town for the installation of streetlights in the subdivision. Town of Erwin Code of Ordinances 3-34

235 Part 9 Chapter 3 Article 5 Construction and Acceptance Procedure Subdivision Regulations Construction procedure (a) No construction or installation of improvements shall commence in a subdivision until the preliminary plan has been approved by the Erwin Town Board. (b) Inspection. The subdivider, prior to starting any work within the subdivision, shall make arrangements with Town manager and Subdivision Administrator to provide for adequate inspection. Completed work must be approved before release of the guarantee. (c) Access. The Town Manager and Subdivision Administrator shall have access to premises and structures during reasonable hours to make inspections which insure compliance with this chapter. (Ordinance of 2/3/94) Final inspection Upon completion of all improvements including roads, grading, culverts, seedings, mulching, monumentation, street name signs and other items, the developer shall notify the Town Manager or Subdivision Administrator, by letter, that all of the improvements have been completed. The Town Engineer and Subdivision Administrator shall then inspect the site and either recommend acceptance of the project to the Erwin Town Board, or provide the developers a list of defects to be corrected prior to this recommendation. (Ordinance of 2/3/94) "As built" drawings. At the completion of the construction and before acceptance, the subdivider's engineer shall deliver to the Subdivision Administrator one (1) set of linen or mylar tracing for permanent record, showing the locations, sizes, and elevations of all improvements as constructed Defects guarantee. The Town shall require a guarantee on utility taps, ramps, streets, pavement, drainage facilities, water and sewer lines, and other improvements against defects for one (1) year from Town of Erwin Code of Ordinances 3-35

236 Part 9 Chapter 3 Article 5 Construction and Acceptance Procedure Subdivision Regulations the date of acceptance of construction and/or installation. The amount shall be in the amount determined by the Town Manager in consultation with the developer's engineers and/or surveyors. One of the guarantees listed under herein shall be used. The defects guarantee shall, however, be satisfied if the subdivider presents a contract or other forms of written evidence that the contractor building the required improvements guarantees those improvements to the Town or a period of one (1) year from the date of acceptance by the Town Acceptance Acceptance is not final until such a motion has been passed by the Board of Commissioners. Town of Erwin Code of Ordinances 3-36

237 Part 9 Chapter 3 Article 6 Definitions Subdivision Regulations "Subdivision Defined: For the purposes of this ordinance, "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to any regulations enacted pursuant to this ordinance. a) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the municipality as shown in this ordinance; b) The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved; c) The public acquisition by purchase of strips of land for the widening or opening of streets, and d) The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality as shown in this ordinance Other Definitions For the purpose of this ordinance, certain words or terms used herein shall be defined as follows: Block. A piece of land bounded on one or more sides by streets or roads. Building Setback Line. A line parallel to the front property line in front of which no structure shall be erected. Setbacks shall be figured from the right-of-way line. Dedication. A gift by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance. Easement. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons. Town of Erwin Code of Ordinances 3-37

238 Part 9 Chapter 3 Article 6 Definitions Subdivision Regulations Half Street. A street whose centerline coincides with a subdivision plat boundary, with one-half (1/2) the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side. Lot. A portion of a subdivision, or any other parcel of land, intended as a unit of transfer of ownership or for development or both. Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the Office of Register of Deeds of Harnett County prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this ordinance. Lot Types: Corner Lot. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees. Double Frontage Lot. A continuous (through) lot which is accessible from both streets upon which it fronts. Interior Lot. A lot other than a corner lot with only one frontage on more than one street. Through Lot or a "Double Frontage Lot." A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. Reversed Frontage Lot. A lot on which the frontage is at right angles or approximately right angles (interior angles less than one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot. Single-Tier Lot. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited. Official Maps or Plans. Any maps or plans officially adopted by the Erwin Town Board of Commissioners. Open Space. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state. Plat. A map or plan of a parcel of land which is to be, or has been subdivided. Public Water System. A system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Town of Erwin Code of Ordinances 3-38

239 Part 9 Chapter 3 Article 6 Definitions Subdivision Regulations Public or Community Sewage System. A single system of sewage collection, treatment, and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a county or municipality, or a public utility. Private Driveway. A roadway serving two (2) or fewer lots, building sites or other division of land and not intended to be public ingress or egress. Private Street. A undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S Reservation. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time. Septic Tank System. A ground absorption sewage treatment and disposal system consisting of a septic tank and a nitrification field, necessary pipelines, conduits, pump stations, and other appurtenances required for proper collection, distribution, treatment, disposal, operation and performance, or any other system approved by the Health Department. Street. A dedicated and accepted public right-of-way for vehicular traffic (or a private road only if permitted by this ordinance). The following classifications shall apply: Rural Roads Principal-Arterial. A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designed as principal arterials. Minor Arterial. A rural link in a network joining cities and larger towns and providing intrastate and intercounty service at relatively high overall travel speeds with minimum interference to through movement. This network would primarily serve traffic. Major Collector. A road which serves major intracounty travel corridors and traffic generators and provides access to the arterial system. Minor Collector. A road which provides service to small local communities and links locally important traffic generators with their rural hinterland. Local Road/Street. A local road serves primarily to provide access to adjacent land and for travel over relatively short distances. Specific Type Rural or Urban Streets Freeway, Expressway, or Parkway. Divided multilane roadway designed to carry large volumes of traffic at relatively high speeds. A freeway is a divided highway providing for continuous flow of vehicles with no direct access to abutting property or streets and with access Town of Erwin Code of Ordinances 3-39

240 Part 9 Chapter 3 Article 6 Definitions Subdivision Regulations to selected crossroads provided via connecting ramps. An expressway is a divided highway with full or partial control of access and generally with grade separations at major intersections. A parkway is a highway for noncommercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park-like development. Residential Collector Street. A local access street which serves as a connector street between local residential streets and the thoroughfare system. Residential collector streets typically collect traffic from 100 to 400 dwelling units. Local Residential Street. Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve major traffic generators, and do not collect traffic from more than 100 dwelling units. Cul-de-sac. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. Frontage Road. A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land. Alley. A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Subdivider. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined Word Interpretation For the purpose of this ordinance, certain words shall be interpreted as follows: Words used in the present tense include the future tense. Words used in the singular number include the plural and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. The word "person" includes a firm, association, corporation, trust, and company as well as an individual. The word "use for" shall include the meaning "designed for". The word "structure" shall include the word "building. The word "lot" shall include the words "plot" "parcel", or "tract". The word "shall" is always mandatory and not merely directory. (Ordinance of 7/11/91) (Ordinance of 6/16/94) Town of Erwin Code of Ordinances 3-40

241 Part 9 Chapter 4 Table of Contents = Section Zoning Ordinance ARTICLE 1 Legal Provisions Title Purpose Authority Jurisdiction Minimum Regulations Severability Vested Rights Effective Date through reserved ARTICLE 2 Definitions And Interpretations Of Terms Interpretations of Certain Terms and Words Definitions through reserved ARTICLE 3 Official Zoning Map And Zoning Districts 4-24 ARTICLE Zoning Map Interpretation of District Boundaries Zoning Districts R-D (Rural District) R-15 (Residential District) R-10 (Residential District) R-6 (Residential District) C-B (Central Business) B-1 (Neighborhood Business District) B-2 (Highway Business District) M-1 (Industrial District) CON (Conservation District) MHP (Manufactured Home Park District) through reserved General Provisions General Provisions through reserved Town of Erwin Code of Ordinances 4-1

242 Part 9 Zoning Chapter 4 Table of Contents Ordinance ARTICLE5 Nonconforming Nonconforming Uses through reserved ARTICLE 6 Lighting Requirements Lighting Requirements through reserved ARTICLE7 Off Street Parking And Loading Requirements Off Street Parking Requirements Off Street Loading Requirements through reserved ARTICLE Sign regulations Sign Regulations through reserved ARTICLE 9 Administration And Enforcement Administration and Enforcement through reserved ARTICLE Board of adjustment Board Of Adjustments reserved Town of Erwin Code of Ordinances 4-2

243 Part 9 Chapter 4 Table of Contents Zoning Ordinance ARTICLE 11 Conditional Uses Conditional Uses through reserved ARTICLE 12 Changes And Amendments Changes and Amendments through reserved APPENDIX Town of Erwin Code of Ordinances 4-3

244 Part 9 Article 1 Zoning Chapter 4 Legal Provisions Ordinance Title. This ordinance shall be known and may be cited as the Zoning Ordinance of the Town of Erwin, North Carolina Purpose. In order to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, sewerage, schools, parks and other public requirements; to conserve the value of buildings; to protect the public water supply, and encourage the most appropriate use of land throughout the corporate area in accordance with the Town s Land Use Plan, there is hereby adopted and established an official Zoning Ordinance of the Town of Erwin, North Carolina Authority. This Zoning Ordinance is adopted pursuant to the authority vested in the Town of Erwin by the General Statutes of North Carolina, particularly Chapters 160A-381 to 160A Jurisdiction. The provisions of this Ordinance shall apply within the corporate limits and the extraterritorial jurisdiction of the Town of Erwin, North Carolina, as shown on the Official Zoning Map and Extraterritorial Jurisdiction Map on file in the Town Hall Minimum Regulations. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity, and general welfare. It is not intended by this Ordinance to interfere with, abrogate, or annul easements, covenants, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall govern. Town of Erwin Code of Ordinances 4-4

245 Part 9 Article 1 Zoning Chapter 4 Legal Provisions Ordinance Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid by the courts, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Commissioners hereby declares that it has passed this Ordinance and each section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid Vested rights. A vested right shall be deemed established with respect to any property upon the valid approval, or conditional approval, of a site-specific development plan or a phased development plan, following notice and public hearing by the Board of Commissioners. Such vested right shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan or the phased development plan including any amendments thereto. The Board may approve a sitespecific development plan or a phased development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested right, although failure to abide by such terms and conditions will result in a forfeiture of vested rights. The Board of Commissioners shall not require a landowner to waive his vested rights as a condition of developmental approval. A site-specific development plan or a phased development plan shall be deemed approved upon the effective date of the Board s action. A right, which has been vested, shall remain vested for a period of two years. A vested right, once established, precludes any zoning action which would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in an approved site-specific development plan or an approved phased development plan except: a. With written consent of the affected landowner. b. Upon findings that natural or man-made hazards on or in the immediate vicinity of the property, if not corrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan or the phased development plan. Town of Erwin Code of Ordinances 4-5

246 Part 9 Article 1 Zoning Chapter 4 Legal Provisions Ordinance c. To the extent that the affected landowner receives compensation for all costs, expenses, and losses incurred. d. Upon findings that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the Town of the site specific development plan or the phased development plan; or e. Upon the enactment of a State or Federal law or regulation which precludes development as contemplated in the site specific development plan or the phased development plan Effective Date. This Ordinance and its provisions governing the use of land and buildings, the height of buildings, and other matters as hereinafter set forth are hereby established and declared to be in full force and effect from and after its passage. Approved and adopted by the Board of Commissioners this day of, Mayor ATTEST: Town Clerk CERTIFIED BY: Town Attorney Town of Erwin Code of Ordinances 4-6

247 Part 9 Article 1 Zoning Chapter 4 Legal Provisions Ordinance through reserved Town of Erwin Code of Ordinances 4-7

248 Part 9 Article 2 Zoning Chapter 4 Definitions Ordinance Interpretation of certain terms and words. 1. Words used in the present tense include the future tense. 2. Words used in the singular number include the plural, and words used in the plural number include the singular. 3. The word shall is always mandatory and not merely directory. 4. The word may is permissive. 5. The words used or occupied include the words intended, designed, or arranged to be used or occupied. 6. The word lot includes the words plot or parcel. 7. The word persons includes a firm, association, organization, partnership, trust, company or corporation as well as an individual Definitions. Except as herein defined, all other words in this Ordinance shall have their customary dictionary definitions. Accessory Use. (See use, accessory). Administrative Official. The official charged with the enforcement or the Zoning Ordinance. In Erwin, the administrative official is designated by the Town Manager. Adult Entertainment Establishments. Includes clubs and eating and drinking establishments with nude or seminude entertainment or dancing; physical culture establishments, such as, but not limited to, masseurs, massage parlors, etc.; and establishments that include adult bookstores or stores where the preponderance of its publications, books, magazines, or other periodicals and videos are adult in nature, adult motion picture theaters, adult motels and hotels, and other similar establishments which depict or emphasize sexual activities and/or nudity. Town of Erwin Code of Ordinances 4-8

249 Part 9 Article 2 Zoning Chapter 4 Definitions Ordinance Alley. A public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street. Bed and Breakfast Inn. A use, that takes place within a building that prior to such an establishment was a single family dwelling, which consists of renting one or more rooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to the breakfast meal, available only to guests. The homeowner shall reside on site and employment shall not exceed two full-time employees, not including the owner(s). Billboard. (See sign outdoor advertising.) Boarding House. A building where, for compensation, lodging and/or meals are provided. Body Piercing Establishments. An establishment within a structure where patrons (customers ) bodies are pierced with body piercing tools; typically for the display of jewelry, such as rings and pendants that are inserted through the body piercing. Buffer Strip. A buffer strip shall consist of a planted strip of land at least ten (10) feet in width composed of deciduous and/or evergreen trees, spaced not more than twenty (20) feet apart, and not less than one (1) row of dense shrubs, spaced not more than five (5) feet apart and five (5) feet or more in height after one (1) growing season, which shall be planted and maintained in a healthy, growing condition by the property owner; or a masonry wall located within the required buffer area; such wall shall be a minimum height of six (6) feet (above finished grade;) and, if a block wall, it shall be painted on all sides; or an opaque fence six (6) feet in height, finished side of fence must face out; such fence or masonry wall shall conform to the Erwin Fence Ordinance. (Amended December 10, 2009) Building. Any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including trailers, or mobile homes, manufactured homes, freestanding signs, and similar structures whether stationary or movable. Building Height. The vertical distance from the mean elevation of the finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs. Town of Erwin Code of Ordinances 4-9

250 Part 9 Chapter 4 Article 2 Definitions Zoning Ordinance Building Setback Line. A line establishing the minimum allowable distance between the nearest portion of any building and the existing property line when measured perpendicularly thereto as displayed on an accurate current survey of the property or in the event said survey is not available, the current Harnett County tax maps. Bulletin Board. A board for posting notices. Campus The grounds or Property of a School, College, University, Church, Municipal Facility or Hospital, often understood to include buildings and other structures incidental to the primary use.(amended on May 6, 2010) Carport (Also Freestanding Carport). A structure that is open on at least three sides and is customarily used for the sheltering/shading of a parked vehicle. Club or Lodge. An association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion or some other common objectives of the organization, and further provided that such, sale of alcoholic beverages is in compliance with the applicable federal, state, and local laws. Conditional Use. (See Use, Conditional.) Condominiums A project of two (2) or more units in one or more multi-unit buildings in which the ownership of the occupancy rights to each dwelling unit is individually owned or for sale to an individual and such ownership is not inclusive of any land. Convalescent Home. (See Nursing Home.) Convenience Store. A commercial building where a variety of items are sold, which may include food, magazines, automobile accessories and maintenance supplies, and other such items. In addition to the commercial building, other services on the premises may include gasoline sales, and a coin operated (automated) car wash. Town of Erwin Code of Ordinances 4-10

251 Part 9 Article 2 Zoning Curb Cut. abutting a public street. A lowered or cut-away curb designed for the purpose of vehicle ingress or egress to property Customary Home Occupation. Any profession or occupation carried on by a member of a family provided that the occupational use is clearly incidental and secondary to the use of the building for residential purposes and does not change the character thereof, and that not over twenty-five (25) percent of the total actual floor area of any structure is used for home occupations or professional purposes (see Article 4: General Provisions for additional requirements). District. Any territorial division of the Town of Erwin Planning & Zoning limits into defined areas (districts) where the zoning regulations are uniform. Dwelling. Any building, structure, or portion thereof that meets the North Carolina Building Code Standards and which is designed, arranged, or used for permanent residential occupancy. The term "dwelling" shall not be deemed to include a motel, hotel, or tourist home. Dwelling, Multi-Family. A dwelling arranged or designed for occupancy by (3) three or more families, with separate housekeeping and cooking facilities for each. Dwelling, Single-Family. home, designed for and occupied by one family only. Dwelling, Two-Family. A detached residential dwelling unit, other than a manufactured (mobile) A dwelling arranged or designed for occupancy by (2) two families, with separate housekeeping, cooking facilities for each and a shared wall. Electronic Gaming Operations. Any business or enterprise, whether as a principal or an accessory use, where persons utilize electronic machines, including but not limited to computers and gaming terminals to conduct games of chance, including sweepstakes, and where money, credit, merchandise or other items or allowance of value are redeemed by or otherwise distributed. This definition applies whether or not the value of such distribution is determined by electronic games played or by predetermined odds. This term includes, but is not limited to internet cafes, cybercafés, sweepstakes entertainment business, or internet sweepstakes. This does not include any lottery approved by the State of North Carolina. Equine Stables for Commercial or Private Use Building(s) that are used for the shelter and feeding of horses. This definition will apply to any structure where a group of these animals are lodged, trained, or kept in any way. Existing Trees. Trees found on a site prior to development, which may be used to meet some or all of the requirements of this Article. Town of Erwin Code of Ordinances 4-11

252 Part 9 Chapter 4 Article 2 Definitions Zoning Ordinance Family. Family is an individual, two or more persons related by blood, marriage or law, or a group of not more than five persons living together in a dwelling unit. Servants having common housekeeping facilities with a family consisting of an individual, or two or more persons related by blood, marriage or law, are a part of the family for this ordinance but not including a group occupying a boarding house, club, fraternity house or similar type dwelling. Family Care Home. A facility for not less than two (2) and no more than six (6)children, adolescents, or adults who are mentally, visually or physically handicapped. Adult care is provided as well as a program of services and protective supervision in a home setting. No family care home shall be allowed to locate within a one-half mile radius of an existing family care home. (Amended on May 7, 2009) Flea Markets/Rummage Sales Sales area (exclusively indoors) in which space is set aside or rented, and is intended for use to sell a variety of articles such as those which are either homemade, handcrafted, new, used, old or obsolete. (Amended on March 11, 2010) Floor Area. The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use. However, for the purposes or measurement for off-street parking spaces, floor area shall not include floor area devoted primarily to storage purposes, loading facilities, or to basement floor area other than that area devoted to retailing activities. Garage Service. A repair shop for automotive vehicles. Junk Yard. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron, and other metals, paper, rags, rubber tires, and bottles. A "junk yard" does not include uses established entirely within enclosed buildings. Large Shade Tree. A tree whose height, under average regional growing conditions will exceed twenty-five (25) feet at maturity. Lot. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot areas as are required by this ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds. Town of Erwin Code of Ordinances 4-12

253 Part 9 Article 2 Zoning Chapter 4 Definitions Lot Line. Any boundary line of a lot. Lot of Record. A lot which is a part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds for Harnett County, or a lot which has been described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of Harnett County. Lot Depth The mean horizontal distance between the front lot line and the rear lot line, measured from the midpoint of the front lot line to the midpoint of the rear. Lot, Corner A lot abutting the intersection of two (2) or more streets or a lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at any angle of less than one hundred thirty-five (135) degrees. Lot, Interior A lot other than a corner lot. Lot, Irregular Shaped Lots located at corners or intersections, which create shapes with three sides or more and contain corner angles greater than 90 degrees. The front yard and rear yard of such lots shall be determined with respect to adjacent homes and/or the placement of the existing home, and the maintenance of street views. Lot, Substandard A parcel of land held in separate ownership, occupied or intended to be occupied by a principal building or structure together with accessory buildings, and uses, having insufficient size to meet the lot width, lot area, yard, off-street parking areas, or other open space provisions of this Ordinance. Lot, Through An interior lot having a frontage on two (2) streets, or a corner lot having frontage on three (3) streets. Town of Erwin Code of Ordinances 4-13

254 Part 9 Article 2 Zoning Lot Width. The distance between side lot lines measured at the building line. Manufactured Home. A dwelling unit that is not constructed in accordance with the standards of the North Carolina State Building Code, and is composed of one or more components, each of which are substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and exceeds forty feet in length and eight feet in width (commonly called a mobile home). (Amended 3 February 1994) Manufactured Home, Class A. A manufactured home constructed after July 1, 1976 that meet or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria: a. The manufactured home has a length not exceeding four times it width, with length measured along the longest axis and width measured at the narrowest part of the other axis. b. The manufactured home has a minimum of 1200 feet of enclosed and heated living area. c. The pitch of the roof of the manufactured home has minimum vertical rise of three and two tenths feet for each twelve feet of horizontal run (3.2 feet by 12 feet) and the roof is finished with a type of composition shingle that is commonly used in standard residential construction. d. The roof eaves and gable overhangs shall be 12-inch minimum (rain gutters may be included in the minimum dimensions). e. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. f. The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches, entrance and exit to and from the home shall be installed or constructed in accordance with the North Carolina State Building Code. Town of Erwin Code of Ordinances 4-14

255 Part 9 Article 2 Zoning Chapter 4 Definitions g. The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, un-pierced except for required ventilation and access, is installed under the perimeter of the manufactured home. h. The moving hitch, wheels, axles, and transporting lights have been removed. i. Each manufactured home shall be only for single-family occupancy. j. A manufactured home shall comply with the FHA (Federal Housing Administration) requirements relative to tie downs. k. The electrical meters servicing the manufactured home shall he mounted (attached) directly to the manufactured home. l. A multi-sectional manufactured home is required. A singular sectional manufactured home is prohibited. m. All manufactured homes shall otherwise meet all applicable zoning regulations for the zoning district in which the home is located. It is the intent of these criteria to insure that a Class A manufactured home, when installed, shall have substantially the appearance of an on site conventionally built, single family dwelling to include landscaping in harmony with surrounding dwellings. Manufactured Home, Class B. (Commonly referred to a single section manufactured home.) A manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the US Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria: a. The manufactured home has a minimum length of fifty-two (52) feet measured along the longest axis and a minimum width of fourteen (14) feet measured at the narrowest part of the other axis; b. The manufactured home has a minimum of seven hundred and twenty-eight (728) square feet of enclosed living area; c. Pitch of the roof of the manufactured home has a minimum vertical rise of three feet for each twelve feet of horizontal run; d. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable Town of Erwin Code of Ordinances 4-15

256 Part 9 Article 2 Zoning Chapter 4 Definitions in composition, appearance, and durability to the exterior siding commonly used in standard residential construction; e. The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and rests upon a continuous uniform foundation enclosure, unpierced except for required ventilation and access. The foundation skirting shall be of a noncombustible material or material that will not support combustion. Any wood framing for foundation skirting shall be constructed with treated lumber; f. Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set be the North Carolina State Building Code; and g. The moving hitch, wheels and axles, and transporting lights have been removed; Manufactured Home, Class C. (Commonly referred to as a house trailer or a mobile home.) Any manufactured home that does not meet the definitional criteria of a Class A or a Class B manufactured home. Manufactured Home Lot. A manufactured home lot is a piece of land within a manufactured home park: (a) whose boundaries are delineated in accordance with the requirements of the Ordinance, and (b) that is designed and improved in accordance with the requirements of the Ordinance to accommodate a single manufactured home. Manufactured Home, Park. Any lot of land used, maintained, or intended to be used for occupancy by five (5) or more manufactured homes together with accessory structures provided in connection therewith. This definition shall not include manufactured home sales lots on which unoccupied manufactured homes are parked for the purpose of inspection and sale. Modular Home. A structure that (a) consists of a single unit completely assembled at the factory or of multiple principal components totally assembled at the factory and joined together at the site; and (b) is designed so that the total structure or each component thereof can be transported; and (c) is built to the North Carolina Building Code Standards for conventionally built homes; and (d) contains a minimum of 1,000 square feet of living area; and (e) is designed to be used as a dwelling and provides complete, independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking, and sanitation; and (f) is actually being used or is held ready for use as a dwelling. Town of Erwin Code of Ordinances 4-16

257 Part 9 Article 2 Zoning Chapter 4 Definitions Nonconforming Use. A legal use of a building and/or land that predates the adoption or these regulations and does not conform to the regulations for the district in which it is located. Nursing Home. An institution, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely ill and who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which continuing medical and skilled nursing care is indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision. A major factor, which distinguishes nursing homes, is that the residents will require the individualization of medical care. For the purposes of this Ordinance, a "nursing home" shall also be considered a convalescent home." Off Street Parking A parking space located off the street with properly related access to a public street or alley and maneuvering rows. Open Storage. Unroofed storage areas, whether fenced or not. (Also see Outdoor Storage) Outdoor Storage. The placement or storage of goods, equipment, or material outside of an enclosed building for a period of more than forty-eight (48) consecutive hours shall be considered outdoor storage. Outdoor storage does not refer to licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use including; lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have a negative impact on the health, safety and general welfare of adjacent property owners and land uses. Parking Space. The storage space for one automobile of not less than eight (8) feet by twenty (20) feet, plus the necessary access space. Town of Erwin Code of Ordinances 4-17

258 Part 9 Article 2 Zoning Chapter 4 Definitions Parapet Wall. Shall mean that portion of the building support wall that is constructed in conjunction with the building structure, extends above the level of the roof line, and is a part of the original construction or a part of substantial structural changes made subsequent to the original construction. Planned Unit Development (PUD). A use designed to provide for developments incorporating a single type or a variety of residential or related uses, which are planned and developed as a unit. Such development may consist of individual lots and common building sites. Common open space and a permanent owners association must be elements of the planned unit development. Principal Building. The main building for which a lot is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained. Projecting Sign. A sign which is attached to and projects more than twelve (12) inches from a building face or wall. Property Line. (See lot line.) Public Facility. All public and private land use (excluding Municipal Facilities) that include schools, colleges, governmental offices and facilities, fire stations, libraries, hospitals, utilities, or other such uses that serve a public health, safety, or general welfare interest in the community. (Adopted 3 May 2001) Public Street. Any publicly maintained right of way set aside for public travel, which has been accepted for maintenance as a street by the Town of Erwin or the North Carolina Department of Transportation. Residence. (See dwelling.) Roof Line. Shall mean the edge of the roof around the building structure where a wall intersects with the eaves of the roof. Rooming House. (See boarding house.) Salvage Yard. (See junkyard.) Service Station. Any building or tract of land where fuels and lubricants for motor vehicles are sold or dispensed and where certain repairs are performed incidental to the conduct of the service station. Setback Line. The minimum horizontal distance between the front line of a building or structure and the front property line (also see building setback line). Town of Erwin Code of Ordinances 4-18

259 Part 9 Article 2 Zoning Chapter 4 Definitions Sign. Any letter, symbol, number, or combination of these including the structure, frame, base, supports and all related accouterments, which may be seen from the right-of-way of a street or highway. Sign, Freestanding. A sign, which is erected or constructed to stand on its own foundation free of architectural or supporting frame or attachment. Sign, Outdoor Advertising. A standard structural poster panel or painted sign either free- standing or attached to a building, for purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located. Sign, Wall. A sign which is attached to or painted on a building, with the exposed face thereof in a plane parallel to and which does not project more than one foot in front of the plan of the wall with which it is associated. Small Ornamental Tree. A tree whose height, under average regional growing conditions will not exceed twenty-five (25) feet at maturity. Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties. Streetscape. Improvements, such as landscaping, primarily intended for the enhancement of the right-of-way. Streetscape Trees. Any tree planted within or adjacent to a right-of-way. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including buildings, fences, and signs. Town of Erwin Code of Ordinances 4-19

260 Part 9 Article 2 Zoning Chapter 4 Definitions Tattoo Parlor and/or Establishment. An establishment within a structure where a tattoo artist tattoos bodies of the establishment s patron s (customers ) with the appropriate tools and methods that are regulated by the State of North Carolina. Tower. Telecommunications towers, including but not limited to, relay stations for commercial operations, such as cable television, radio/cellular telephones, radio, television stations, and the operation of such uses. Tower shall not include structures that support antennae or similar devices that support or facilitate HAM radio or Citizen Band communication. Tie Downs. Galvanized steel cables or strapping which "tie" a manufactured (mobile) home and its steel frame to anchors embedded in the ground. Tourist Home. A dwelling wherein rooms are rented as a home occupation to provide overnight accommodations for transient guests. Town home/townhouse A project of two (2) or more units in one or more multi-unit buildings in which the ownership of the occupancy rights to each dwelling unit and land is individually owned or for sale to an individual. Use. Any continuous or continual occupation or activity, taking place upon a parcel of land. Use, Accessory. A subordinate building or use, the use of which is incidental to that of the principal building or use on the same lot. Under no circumstances shall an accessory building be used for residential occupancy (i.e.: swimming pools and satellite dishes). Use, Conditional. A use which is unusual or not customarily permitted in a district and is only allowed if expressly recommended by the Planning Board and/or authorized by the Board of Commissioners. Town of Erwin Code of Ordinances 4-20

261 Part 9 Article 2 Zoning Chapter 4 Definitions Use, Principal. A use which is permitted outright in a district for which a building or Zoning Permit may be issued by the Building Inspector. Variance. Modification of the existing Zoning Ordinance when strict enforcement of this ordinance would cause undue hardship on the property owner because of the unique circumstances of the individual property on which the variance is granted (Refer to Article 10 - Board of Adjustments) Yard. An open space on the same lot with a principal building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. Yard, Front. The yard between the front setback line and the front property or street right-ofway line extending across the full width or the lot. Yard, Rear. The yard between the rear line of the principal building and the rear line of the lot extending across the full width of the lot. Yard, Side. The line between the sideline of the building and the sideline of the lot extending from the building setback line to the rear yard line. Zoning Certificate of Compliance. A certificate issued by the Administrative Official when a proposal to erect, install or alter a structure, building, sign, or lot fully meets the requirements of the zoning ordinance through reserved Town of Erwin Code of Ordinances 4-21

262 Part 9 Chapter 4 Article 3 Map and Zoning Districts Zoning Ordinance Zoning Map. For the purposes of this Ordinance, the Town of Erwin is hereby divided into zoning districts whose locations and boundaries are shown on the Official Zoning Map for the Town of Erwin, which is hereby adopted by reference and declared to be a part of this Ordinance. This Zoning Map and all the notations, references, and all amendments thereto, and other information shown thereon are hereby made a part of this Ordinance the same as if such information set forth on the map were all fully described and set out herein. The Zoning Map properly attested is on file in the Town Hall and is available for inspection by the public. The Administrative Official or his representative shall be responsible for the maintenance and revision of the Official Zoning Map. Upon notification by the Town Board that a zoning change has been made, the administrative official shall make the necessary changes on the Official Zoning Map within seven (7) calendar days of notification Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply: a. Unless otherwise specifically indicated, where district boundaries are shown on the Zoning Map as approximately parallel or following the centerlines of streets, highways, utility easements, or streambeds, or such line extended, then such lines shall be construed to be such district boundaries b. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries c. Where a district boundary line divides a lot in single ownership, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot, provided that such extension shall not include any part of such lot which lies more than fifty (50) feet beyond the district boundary, and further provided that the remaining parcel shall not be less than the minimum required for the district in which it is located Town of Erwin Code of Ordinances 4-22

263 Part 9 Chapter 4 Article 3 Map and Zoning Districts Zoning Ordinance d. Where any public street is hereafter officially vacated or abandoned, the regulations applicable to parcels of abutting property shall apply to that portion of such street of alley thereto by virtue of such vacation or abandonment e. The Board of Adjustment shall be empowered to interpret the intent of the Zoning Map as to the location of district boundaries in case any further uncertainty exists Zoning districts. In order that the purpose of this Ordinance may be accomplished, the incorporated territory of the Town of Erwin, as set forth on the accompanying zoning map, is hereby divided into ten (10) districts as follows: Rural District - RD Residential District - R-15 Residential District - R-10 Residential District - R-6 Central Business District - CB Neighborhood Business District - NB Highway Business District - HB Industrial District - MI Conservation District - CON Manufactured Home Park District - MHP Town of Erwin Code of Ordinances 4-23

264 Part 9 Chapter 4 Article 3 Rural District (RD) Zoning Ordinance R-D Rural district Intent This district is established to promote low-density residential and agricultural uses. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future development and to insure that residential developments dependent on private wells and septic tanks will occur at sufficiently low densities to insure a healthful environment Permitted principal uses and structures. 1. Single-family dwellings. 2. Farms and agricultural uses for crop and livestock production. Note: A farm shall not be construed to include commercial poultry and swine production; cattle feed lots, and fur bearing animals. 3. Family Care Home. 4. Religious uses including churches and other places of worship, religious education buildings, and parish houses. 5. Municipal Facilities (Adopted 3 May 2001) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued (Refer to Article 4 - General Provisions). 2. Stands to sell agricultural products produced on the premises, provided that sufficient off-street parking is provided off of the right-of-way. Town of Erwin Code of Ordinances 4-24

265 Part 9 Chapter Conditional uses. Article 3 Rural District (RD) Zoning Ordinance 1. Public Facilities (Adopted 3 May 2001) 2. Social uses such as social halls, lodges, and headquarters of fraternal organizations, clubs, and similar activities. 3. Cemeteries. 4. Animal medical care. 5. Places of public assembly. 6. Fairground and carnival activities. 7. Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300 foot radius measured from the center of the property of another day care centers, day nurseries, preschools, or similar use. 8. New Manufactured Class A Homes on individual lots. 9. Customary home occupations 10. Equine Stables (Private or Commercial Use) (Adopted May3, 2012) Dimensional requirements. The following regulations shall govern all permitted and conditional uses in this district: 1. Minimum lot area = 20,000 square feet. (.459 acres) 2. Minimum lot width = 100 feet (for lots without public water and sewer). (Except in subdivisions - Minimum lot widths of 75 feet and 60 feet for cul-de-sac lots.) 3. Minimum required front yard = 40 feet (excluding steps) measured from the front property line. (Adopted August 2, 2012) 4. Minimum required rear yard = 40 feet (excluding steps) measured from the rear property line. (Adopted August 2, 2012) 5. Minimum required side yard = 12 feet measured from the side property line. (Adopted August 2, 2012) 6. Maximum building height = 35 feet. All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Off-street parking and loading. Refer to Article 7. Town of Erwin Code of Ordinances 4-25

266 Part 9 Chapter 4 Article 3 Rural District (RD) Zoning Ordinance Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4. Town of Erwin Code of Ordinances 4-26

267 Part 9 Chapter 4 Article 3 Residential (R 15) Zoning Ordinance R-15 Residential district Intent. This district is established as an area in which the principal use of land is for single family residential purposes. The regulations or this district are intended to stabilize existing residential areas and promote low density, high quality residential areas Permitted uses and structures. 1. Single-Family Dwellings 2. Municipal Facilities (Adopted 3 May 2001) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (See Article 4 - General Provisions) R-15 Conditional Uses and Structures. 1. Customary home occupations 2. Equine Stables (Private or Commercial Use) (Adopted May 3, 2012) Dimensional requirements. The following regulations shall govern all permitted and conditional uses in this district: 1. Minimum lot area = 15,000 square feet. (.344 acres) 2. Minimum lot width = 75 feet. 3. Minimum required front yard = 35 feet (excluding steps) measured from the front property line. (Adopted August 2, 2012) 4. Minimum required rear yard = 35 feet (excluding steps) measured from the rear property line. (Adopted August 2, 2012) 5. Minimum required side yard = 10 feet measured from the side property line. (Adopted August 2, 2012) 6. Maximum building height = 35 feet. 7. See Article 4 - Street Access All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Town of Erwin Code of Ordinances 4-27

268 Part 9 Chapter 4 Article 3 Residential (R 10) Zoning Ordinance Off-street parking and loading. Refer to Article Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-28

269 Part 9 Chapter 4 Article 3 Residential (R 10) Zoning Ordinance R-10 Residential district Intent. The purpose of this district is to provide for proper development of neighborhoods with medium population densities comprised primarily of single family dwellings Permitted uses and structures. 1. Single-family dwellings. 2. Municipal Facilities (Adopted 3 May 2001) 3. Religious uses including churches and other places of worship, religious education buildings, and parish houses, but not including cemeteries. 4. Family Care Home Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (See Article 4 - General Provisions) Conditional Uses. 1. Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300 foot radius measured from the center of the property of another day care centers, day nurseries, preschools, or similar use. 2. Planned unit development. 3. Condominiums and Townhouse Development 4. Nursing homes. 5. Clubs or lodges. 6. Customary home occupations. 7. Public Facilities (Adopted 3 May 2001) Town of Erwin Code of Ordinances 4-29

270 Part 9 Chapter Dimensional requirements. Article 3 Residential (R 10) Zoning Ordinance The following regulations shall govern all permitted and conditional uses in this district: 1. Minimum lot area = 10,000 square feet. (.229 acres) 2. Minimum lot width = 75 feet. * The Administrative Official shall determine frontage for irregularly shaped lots. * All setbacks may not apply to individual planned units, condominium, or town home developments. * The following are the minimum setbacks or building envelopes for properties located within the R-10 district: (Amended August 5, 2010) 3. Minimum required front yard = 35 feet (excluding steps) measured from the front property line. (Adopted August 2, 2012) 4. Minimum required rear yard = 35 feet (excluding steps) measured from the rear property line. (Adopted August 2, 2012) 5. Minimum required side yard = 10 feet measured from the side property line. (Adopted August 2, 2012) 6. Maximum building height = 35 feet. 7. Street Access - See Article 4 All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Off-street parking and loading. Refer to Article Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-30

271 Part 9 Chapter 4 Article 3 Residential (R 6) Zoning Ordinance R-6 Residential District Intent. The purpose of this district is to provide areas for a mixture of single-family and multifamily dwelling units Permitted principal uses and structures. 1. Single-family dwelling units. 2. New Class A Manufactured Homes. 3. Religious uses including churches and other places of worship, religious education buildings, and parish houses. 4. Family Care Home. 5. Municipal Facilities (Adopted 3 May 2001) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued.(see article 4. General Provisions) Conditional uses. 1. Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300 foot radius measured from the center of the property of another day care centers, day nurseries, preschools, or similar use. 2. Planned Unit Developments. 3. Condominium and Townhouse Developments 4. Two-family Dwelling 5. Multi-Family Dwelling. 6. Customary home occupations. 7. Manufactured Home, Class A (Used but less than five years old as of date of zoning permit issuance) Town of Erwin Code of Ordinances 4-31

272 Part 9 Chapter 4 Article 3 Residential (R 6) Zoning Ordinance 8. Public Facilities (Amended 3 May 2001) Dimensional requirements. The following regulations shall govern all permitted and conditional uses in this district: 1. Minimum lot area = Single-family dwelling: 6,000 square feet. 2. Two-family or Multi-family dwelling: 8,000 square feet per development and an additional 2000 square feet per unit. 3. Minimum lot width = Single-family dwelling: 50 feet. 4. Multi-family dwelling: 75 feet. * The Administrative Official shall determine frontage for irregularly shaped lots. * All setbacks may not apply to individual planned units, condominium, or town home developments. * The following are the minimum setbacks or building envelopes for properties located within the R-6 district: (Amended August 5, 2010) 5. Minimum required front yard = 25 feet (excluding steps) measured from the front property line. (Adopted August 2, 2012) 6. Minimum required rear yard = 25 feet (excluding steps) measured from the rear property line. (Adopted August 2, 2012) 7. Minimum required side yard = 8 feet measured from the side property line. (Adopted August 2, 2012) 8. Maximum building height = 35 feet. All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Off-street parking and loading. Refer to Article Signs. Refer to Article 8 Town of Erwin Code of Ordinances 4-32

273 Part 9 Chapter 4 Article 3 Residential (R 6) Zoning Ordinance Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-33

274 Part 9 Chapter 4 Article 3 Central Business (C-B) Zoning Ordinance C-B Central business Intent. This district is established to protect and promote the centrally located trade and commercial service center of the community Permitted principal uses and structures. 1. Retail shops and stores and service establishments whose operation is conducted entirely within an enclosed building. 2. Offices for business and professional purposes. 3. Social uses such as social halls, lodges, headquarters of fraternal organizations, clubs, and similar activities. 4. Trades and similar enterprises catering to households and business establishments, provided that all materials are stored and operations take place within an enclosed building. 5. Motels, hotels, bed and breakfast, boarding and rooming houses, and other similar establishments. 6. Religious uses, including churches and other places of worship, religious education buildings, and parish houses. 7. Family Care Home. 8. Municipal Facilities (Amended 3 May 2001) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued (Refer to Article 4 - General Provisions) 2. Commercial signs customarily incidental to a business establishment subject to the provisions of Article 8. Town of Erwin Code of Ordinances 4-34

275 Part 9 Chapter 4 Article 3 Central Business (C-B) Zoning Ordinance Conditional uses. 1. Service stations and service garages other auto oriented business establishments. (Amended July 23, 2009) 2. Convenience Store 3. Multi-family dwellings (on upper floors of commercial buildings). 4. Public Facilities (Adopted 3 May 2001) Dimensional requirements. 1. Minimum lot area = There shall be no minimum area requirement for lots in this district. 2. Minimum lot width = There shall be no minimum width requirement for lots in this district. 3. Minimum required front yard = The minimum front yard depth shall be the average or the front yard depths which have been established by buildings in one or both adjoining side lots; in all cases, there shall be sufficient setback from the street curb line to provide space for a minimum 12 foot sidewalk. 4. Minimum required rear yard = 10 feet measured from the rear property line. (Adopted August 2, 2012)No rear yard is required where a public alley abuts the rear property line. Minimum required side yard = There shall be no minimum side yard required All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Buffers. Buffer strips as herein defined shall be required in this district for all uses where they abut land which is zoned residential. (Refer to definition.) The buffering requirement may be waived by the Board of Adjustment upon recommendation of the Planning Board along any boundary which is naturally screened by evergreen plant materials or topography or may be deferred in isolated areas. Refer to Article 4 for additional landscaping requirements (Amended December 10, 2009) Town of Erwin Code of Ordinances 4-35

276 Part 9 Chapter 4 Article 3 Central Business (C-B) Zoning Ordinance Off-street parking and loading. Refer to Article Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-36

277 Part 9 Chapter 4 Article 3 Neighborhood Business (B-1) Zoning Ordinance B-1 Neighborhood business district Intent. This district is established to promote and protect small commercial and service uses providing convenience type goods to surrounding residential districts Permitted principal uses and structures. 1. Small retail stores and shops and service establishments whose operation is conducted entirely within an enclosed building. 2. Offices for business and professional purposes. 3. Principal uses permitted in the R-6 District, with the exception of Class A Manufactured Homes. 4. Family Care Home. 5. Public facilities 6. Bed and Breakfast Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued (Refer to Article 4 - General Provisions). 2. Commercial signs customarily incidental to a business establishment subject to the provisions of Article VIII Conditional uses. 1. Service stations and service garages. 2. Convenience Store Town of Erwin Code of Ordinances 4-37

278 Part 9 Chapter 4 Article 3 Neighborhood Business (B-1) Zoning Ordinance 3. Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300 foot radius measured from the center of the property of another day care centers, day nurseries, preschools, or similar use. 4. Customary home occupations Dimensional requirements. 1. Minimum lot area = 6,000 square feet. (.138 acres) 2. Minimum lot width = 50 feet. 3. Minimum required front yard = 20 feet measured from the front property line. (Adopted August 2, 2012) 4. Minimum required rear yard = 30 feet measured from the rear property line. (Adopted August 2, 2012) 5. Minimum required side yard = There shall be no required side yard except where a lot abuts a residentially zoned lot. In such instance, the abutting side yard shall be at least twelve (12) feet wide. 6. Maximum building height = 35 feet. All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Buffers. Buffer strips as herein defined shall be required in this district for all uses where they abut land which is zoned residential. (Refer to definition.) The buffering requirement may be waived by the Board of Adjustment upon recommendation of the Planning Board along any boundary which is naturally screened by evergreen plant materials or topography or may be deferred in isolated areas. Refer to Article 4 for additional landscaping requirements (Amended December 10, 2009) Town of Erwin Code of Ordinances 4-38

279 Part 9 Chapter 4 Article 3 Neighborhood Business (B-1) Zoning Ordinance Off-street parking and loading. Refer to Article Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-39

280 Part 9 Chapter 4 Article 3 Highway Business (B-2) Zoning Ordinance B-2 Highway business district Intent. It is the purpose of the Highway Business District to accommodate a wide variety of large commercial, wholesale, and retail businesses Permitted principal uses and structures. 1. Retail shops and stores and service establishments whose operation is conducted entirely within an enclosed building. 2. Offices for business and professional purposes. 3. Social uses such as social halls, lodges, fraternal organizations, clubs, and similar activities. 4. Trades and similar enterprises catering to household and business establishments. 5. Motels, hotels, bed and breakfast, boarding and rooming houses, and other similar establishments. 6. Religious uses, including churches and other places of worship, religious education buildings, and parish houses. 7. Family Care Home. 8. Municipal Facilities (Adopted 3 May 2001) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (See article 4. General Provisions). 2. Commercial signs customarily incidental to a business establishment subject to the provisions of Article 8. Town of Erwin Code of Ordinances 4-40

281 Part 9 Chapter 4 Article 3 Highway Business (B-2) Zoning Ordinance Conditional uses. 1. Convenience Store 2. Outdoor display, storage or sale of vehicles or other equipment or material provided that in the interest of safety to children and adjacent property, outdoor storage areas shall be encompassed by a wall, at least six (6) feet high, or a fence and buffer strip approved by the Planning Board. 3. Service stations and other auto oriented business establishments. 4. Public Facilities (Adopted 3 May 2001) 5. Private Recreation facilities for profit (Adopted 3 May 2001) 6. Electronic Gaming Operations (Adopted September 6, 2012) Dimensional requirements. 1. Minimum lot area = 20,000 square feet. (.459 acres) 2. Minimum lot width = 100 feet. 3. Minimum required front yard = 30 feet measured from the front property line. (Adopted August 2, 2012) 4. Minimum required rear yard = 20 feet measured from the rear property line. (Adopted August 2, 2012) 5. Minimum required side yard = There shall be no required side yard except where a lot abuts a residentially zoned lot. In such instance, the abutting side yard shall be at least twenty (20) feet wide. 6. Maximum building height = 35 feet. All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Town of Erwin Code of Ordinances 4-41

282 Part 9 Chapter 4 Article 3 Highway Business (B-2) Zoning Ordinance Buffers. Buffer strips as herein defined shall be required in this district for all uses where they abut land which is zoned residential. (Refer to definition.) The buffering requirement may be waived by the Board of Adjustment upon recommendation of the Planning Board along any boundary which is naturally screened by evergreen plant materials or topography or may be deferred in isolated areas. (Amended December 10, 2009) Refer to Article 4 for additional landscaping requirements Off-street parking and loading. Refer to Article Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-42

283 Part 9 Chapter 4 Article 3 Industrial District (M1) Zoning Ordinance M-1 Industrial district Intent. This district is established to protect and promote suitable locations for wholesaling, manufacturing, and processing industries Permitted principal uses and structures. 1. Manufacturing, assembling, and processing industries. 2. Wholesale, warehouse, and transfer activities. 3. Farms and agricultural uses. 4. Service stations and other auto oriented business establishments. 5. Family care home. 6. Convenience Store 7. Municipal Facilities (Adopted 3 May 2001) 8. Offices for Business and Professional purposes (Adopted May 3, 2012) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued (See Article 4. General Provisions). 2. Commercial signs customarily incidental to a business establishment subject to the provisions of Article Conditional uses. 1. Junkyards and auto salvage yards (Refer to Article ). 2. Billboards and outdoor advertising signs (Refer to Article 8). 3. Body Piercing Establishments. (May not be located within 300 feet of another body piercing establishment, tattoo parlor/establishment or an adult entertainment establishment). Town of Erwin Code of Ordinances 4-43

284 Part 9 Chapter 4 Article 3 Industrial District (M1) Zoning Ordinance 4. Tattoo Parlor and /or establishment (May not be located within 300 feet of another tattoo parlor/establishment, body piercing establishment or an adult entertainment establishment). 5. Flea Markets/Rummage (see definition) sales that are enclosed completely within a building. (Amended on March 11, 2010) 6. Adult entertainment establishments. No adult entertainment establishment shall be located within one thousand (1,000) feet of another adult entertainment establishment. No adult entertainment establishment shall be located within one thousand (1,000) feet of any property zoned for residential use or any church or school. No adult entertainment establishment shall be located within 300 feet of a tattoo parlor/establishment or body-piercing establishment. Note: All measurements for the following distances shall be measured from the property lines of the lots of said uses as shown on a current survey or where a current survey is not available, as shown on the Harnett County Official Tax Maps. 7. Tower (Collocation alternatives shall be encouraged as well as the use of existing structures for antennae placement). 8. Outdoor Storage (see definition) provided that in the interest of safety to children and adjacent property, outdoor storage areas shall be encompassed by a wall, at least six (6) feet high, or a fence and buffer strip approved by the Planning Board. 9. Public Facilities (Amended 3 May 2001) 10. Electronic Gaming Operations within M-1 & B-2 Zoning District (Adopted September 6, 2012) Dimensional requirements. 1. Minimum lot area = 40,000 square feet. (.918 acres) 2. Minimum lot width = 100 feet. 3. Minimum required front yard = 40 feet measured from front property line. (Adopted August 2, 2012) 4. Minimum required rear yard = 20 feet except where a lot abuts a residential district. In such an instance, the abutting rear yard shall be at least 30 feet wide. 5. Minimum required side yard = 15 feet except where a lot abuts a residential zoned lot. In such an instance, the abutting rear yard shall be at least 30 feet wide. 6. Maximum building height = 35 feet unless each required setback is increased by one (1) Foot for each foot above thirty-five (35) feet. Maximum lot coverage by all structures = 50%. All Setbacks shall be measured from either the property line or public right of way whichever is closer. If no public right of way exists then the measurement will be taken from the access easement line. (Adopted August 2, 2012) Town of Erwin Code of Ordinances 4-44

285 Part 9 Chapter 4 Article 3 Industrial District (M1) Zoning Ordinance Buffers. Buffer strips as herein defined shall be required in this district for all uses where they abut land which is zoned residential. (Refer to definition.) The buffering requirement may be waived by the Board of Adjustment upon recommendation of the Planning Board along any boundary, which is naturally screened by evergreen plant materials or topography or may be deferred in isolated areas. (Amended December 10, 2009) Off-street parking and loading. Refer to Article Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-45

286 Part 9 Chapter 4 Article 3 Conservation (CON) Zoning Ordinance CON Conservation district Intent. This district is established to encourage the preservation of natural areas that are unsuitable for development due to severe soil limitations, flooding, or unique natural resources Permitted principal uses and structures. 1. Farms and agricultural uses for crop and livestock production. 2. Parks and recreational activity. 3. Nature preserves. 4. Municipal Facilities (Adopted 3 May 2001) Permitted accessory uses and structures. 1. Any use or structure customarily incidental to a principal use or structure or to a conditional use for which a permit has been issued. (See Article 4, General Provisions) Conditional Uses (Adopted 3 May 2001) Dimensional requirements. Within this district there shall be no minimum lot areas, widths, or yards required due to the exceptional physical characteristics or this area. Town of Erwin Code of Ordinances 4-46

287 Part 9 Chapter 4 Article 3 Conservation (CON) Zoning Ordinance Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-47

288 Part 9 Chapter 4 Article 3 Manufactured Home Park District (MHPD) Zoning Ordinance Manufactured home park district Intent It is the intent of the Manufactured Home Park District to provide a safe and healthy location for the placement and clustering of several manufactured homes Manufactured home park requirements. 1. Area. The area or the manufactured home park shall be a minimum of two [2] acres, and the park shall have a minimum of five [5] manufactured home spaces available at first occupancy. 2. Utilities. The manufactured home park and all occupied units located in it must be connected to the municipal water and sewerage systems or other systems approved by the Harnett County Health Department or the North Carolina Department of Human Resources and the North Carolina Department of Natural Resources and Community Development, Division of Environmental Management. 3. Access and Parking. Paved, privately maintained, roadways must be provided for access to individual units and other facilities located within the park. Required parking spaces are not required to be paved. 4. Other Permitted Uses. Service buildings, recreation buildings, and other areas or structures providing laundry, sanitation, and managerial facilities are permitted subject to approval of the Planning Board. Such facilities shall serve only the park in which it is located. No such facility shall have direct access to a public street but shall be served by the privately maintained roadway. 5. Buffers. Buffer strips as herein defined shall be required along all rear and side property lines of the park. [Refer to definition]. The buffering requirement may be waived by the Board of Adjustment upon the recommendation of the Planning Board along any boundary which is naturally screened by evergreen plant materials or topography, or may be deferred in isolated areas. (Amended December 10, 2009) Town of Erwin Code of Ordinances 4-48

289 Part 9 Chapter 4 Article 3 Manufactured Home Park District (MHPD) Zoning Ordinance Manufactured home space requirements. Manufactured home units shall be located only in spaces which meet the following requirements. 1. Access. Each space shall have access to an interior roadway with a paved width of at least twenty [20] feet. No space shall have direct access to a public street. 2. Clearance. Each space shall be designed so that at least a thirty [30] foot clearance width will be maintained between units and other structures within the park. 3. Setbacks. Manufactured home units shall be located so that a fifteen [15] foot setback is maintained from the centerline of the private interior roadway. 4. Utilities. Each space shall have hook-up facilities for water, sewer, electricity, and telephone services. All occupied manufactured home units shall have and use approved sanitary facilities within the manufactured home unit. 5. Parking. At least one [l] of the two [2] required parking spaces shall be located on or adjacent to each manufactured home space Additional requirements. 1. Recreational Areas. When a manufactured home park shall contain at least twenty [20] lots, a recreation area will be developed and maintained that shall include not less than eight percent of the total park area. The minimum size of any recreation area shall be 2,500 square feet. Lakes, ponds, rivers, streams, swamps, and marshlands shall not be considered as meeting [in part or whole] the recreation area requirements or this section. 2. New setups: New setups will not be allowed for Manufactured Homes that are older than five [5] years at time of the units building permit application. (Repealed on May 7, 2009) Town of Erwin Code of Ordinances 4-49

290 Part 9 Chapter 4 Article 3 Manufactured Home Park District (MHPD) Zoning Ordinance 3. Steps. The park operator shall be required to provide and supervise the placement of pre-cast concrete or metal steps or pressure treated lumber steps at the entrances to each manufactured home located in the park or meet the requirements of the North Carolina State Building Codes, whichever is greater. 4. Tie-Down and Anchoring Requirements. Manufactured homes shall be securely anchored to the ground by means of a tie-down system. When the manufactured home is factory equipped with a tie-down system designed by a registered architect or engineer, then the owner is to use the Manufacturer s set of instructions as the standard of proper tie-down procedures. If no such set of instructions is available or if the system has not been designed by a licensed architect or engineer, then the administrative official is to enforce standards listed in the "State of North Carolina Regulations for Manufactured Homes booklet published by the North Carolina Department of Insurance. 5. Skirting. Each manufactured home shall be underpinned with exterior rated materials, of a type suitable for skirting, maintained, and in a manner approved by the administrative official. 6. Storage Buildings. Each manufactured home lot may be equipped with a storage building not to exceed ten feet by ten feet [10' x 10'] provided that all such buildings are located adjacent to the rear lot line. 7. Storage of Possessions. Storage of possessions and equipment in the area beneath a manufactured home shall be prohibited Responsibilities and duties of park operators. 1. Manufactured Home Park Maintenance. Manufactured home park operators shall be required to provide adequate supervision to maintain the park in compliance with the requirements of this ordinance. Further, the manufactured home park operators shall keep all park-owned facilities, improvements, equipment, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of materials which would constitute a fire hazard or would cause insect or rodent breeding and harborage. Town of Erwin Code of Ordinances 4-50

291 Part 9 Chapter 4 Article 3 Manufactured Home Park District (MHPD) Zoning Ordinance 2. Placement and Anchoring. Operators shall be required to supervise the placement of all manufactured homes to guarantee that they are properly anchored and attached to utilities. 3. Assist County Tax Supervisor. Operators shall be required to comply with G.S [a][1] which requires that as of January 1 of each year each operator of a park renting lots for six [6] or more manufactured homes furnish to the county tax supervisor the names of the owner of and a description of each manufactured home located in the park. 4. Solid Waste Disposal. The park operator will operate or provide for the operation of a solid waste disposal system, including providing park tenants with appropriate containers Procedure for securing approval of manufactured home parks. 1. Manufactured Home Park Initial Permit Application Procedure a. Prior to the construction of a new manufactured home park or the expansion of an existing manufactured home park, the developer shall make application to the administrative official for a permit to construct or expand such a park. The application shall be accompanied by five [5] copies of the proposed park plan. b. The park shall be drawn at a scale of fifty [50] feet to one [1] inch or larger and shall include the following: 1. The name of the park, the names and addresses of the owner or owners, and the designer or surveyor. 2. Date, scale, and approximate North arrow. 3. Boundaries of the tract shown with bearings and distances. 4. Site plan showing streets, traffic circulation, driveways, recreation areas, parking spaces, service buildings, water courses, easements, manufactured home lots, lot numbers, all structures to be located in the park site, and total acreage of the park. 5. Vicinity map showing the location of the park and the surrounding land usage. Town of Erwin Code of Ordinances 4-51

292 Part 9 Chapter 4 Article 3 Manufactured Home Park District (MHPD) Zoning Ordinance 6. Names or adjoining property owners. 7. The existing and proposed utility system for surface water drainage, streetlights, water supply, and solid waste and sewage disposal facilities. 8. Certification of approval of water supply system plans by the appropriate municipal, county or state authority having jurisdiction. 9. Certification or approval of sewage collection systems by the appropriate municipal, county, or state authority having jurisdiction. 10. Certification of approval of solid waste storage collection and disposal plans by the County Health Department or the authority having jurisdiction Certification of lot approved by Soil and Water Conservation District, including suitability for septic tank systems if used. 2. Review of the Proposed Manufactured Home Park Plan a. The administrative official shall review the proposed manufactured home park plan to determine if it is in accordance with the requirements set forth in this Article. b. If the administrative official finds that all requirements have been met, he shall refer the plan to the Planning Board and the Town Board of Commissioners for their review and approval. One approved copy shall be given to the developer or his agent. 3. Issuance of Initial Permit and Business License a. After receiving approval of the proposed manufactured home park plan, the administrative official is authorized to issue an initial permit. The intent of this permit is to enable the construction of the park according to the proposed plan but shall not be construed to entitle the applicant to offer spaces for rent or lease or to operate a manufactured home park. b. If construction of the manufactured home park has not begun within twelve [12] months from the issued date of the initial permit, the administrative official may grant an extension or the permit when the applicant shows reasonable cause for the delay. c. When the developer has completed the construction of the manufactured home park, he shall apply to the administrative official for a business license. The administrative Town of Erwin Code of Ordinances 4-52

293 Part 9 Chapter 4 Article 3 Manufactured Home Park District (MHPD) Zoning Ordinance official and a representative of the County Health Department shall make an on-site inspection of the park. 1. If the park conforms to the approved plan, the administrative official shall issue the developer a business license. 2. If the park does not conform with the approved plan, the administrative official shall delay issuance of the business license until it comes into conformity. d. The business license issued to the applicant shall constitute the authority to operate the manufactured home park. The business license shall expire after a one-year period and must be renewed to be valid. e. When a manufactured home park is to be developed in stages, the proposed plan may be submitted for the entire development; and application for a business license may be made for each stage completed. f. Violation of any of the ordinance requirements constitutes grounds for refusing to issue a license or renew a license or to revoke an issued license. Operating a manufactured home park without a valid license is a misdemeanor punishable under the terms of this Ordinance. g. Manufactured home parks existing prior to the adoption of this Ordinance shall be required to obtain a conditional business license within ninety [90] days after the adoption of this Ordinance. The conditional business license shall be issued by the administrative official when the existing manufactured home park complies with the standards contained in (2) and (4) Utilities, D (7) Storage of Possessions, and Responsibilities and Duties of Park Operators. (Amended 3 May 2001) Signs. Refer to Article Lights. Refer to Article General Provisions. Refer to Article 4 Town of Erwin Code of Ordinances 4-53

294 Part 9 Article 3 Zoning Parallel Conditional Use District Ordinance Objective and Purpose The purpose of this section is to provide a voluntary alternative procedure for the rezoning of a property for a specified purpose. A broad range of uses are permitted in each general (i.e., conventional) zoning district. However, there are instances where a general zoning district designation is clearly inappropriate for a certain property, but a specific use permitted under that district and subject to restrictive conditions would be consistent with the spirit and objectives of this Ordinance. Parallel conditional use districts, herein established, are intended to accommodate such situations. This voluntary procedure is intended for firm development proposals, and is neither intended nor suited for securing early zoning for tentative uses which may not be undertaken for a long period of time. General Zoning District Parallel Conditional Use District RD RD (CD) R-15 R-15 (CD) R-10 R-10 (CD) R-6 R-6 (CD) CB CB (CD) NB NB (CD) HB HB (CD) MI MI (CD) CON CON (CD) MHP MHP (CD) Application Petitions for a zoning map amendment to establish a parallel conditional use district shall be submitted in accordance with the provisions of this Ordinance. The parallel conditional use district classification shall be considered only by application of the owner of the subject property or his duly authorized agent. Such applications shall be accompanied by a written text specifying the use proposed and by a site plan showing the following: 2. The dimensions and acreage of the site and its relation to surrounding properties. 3. The layout of the entire project including the proposed use and location of all buildings. 4. The location and dimension of present and proposed streets and private drives, and pedestrian facilities. 5. The location of points of entry and exit for motor vehicles and the internal vehicular circulation pattern. 6. The location and layout of all off-street parking and loading spaces, including the number of spaces shown and required for each use. 7. The location of existing and proposed plantings and screenings, including the type and size of each plant to be installed.

295 Part 9 Article 3 Zoning Parallel Conditional Use District Ordinance 8. The location and size of existing and proposed utility lines, water courses and drainage lines and easements. 9. Title, north arrow, scale, names of owner, developer, surveyor, and the date of preparation of the plan. 10. Proposed phasing, if any, and approximate completion time of the project. 11. Any and all conditions and requirements of this Ordinance Review and Approval In considering an application for the establishment of a a parallel conditional use district, the Town Broad of Commissioners shall give due regard that the purpose and intent of this Ordinance be served, public health, safety and welfare secured and substantial justice be done. Further, the Town Board of Commissioners shall consider, evaluate and may attach reasonable and appropriate conditions to the location, nature and extent of the proposed use and its relation to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, and such other matters as the Town Board of commissioners may find appropriate or the petitioner may propose. The petitioner shall have a reasonable opportunity to consider and respond to such additional requirements prior to final action by the Town Board of Commissioners. In approving an application for the establishment of a parallel conditional zoning district, the Town Board of Commissioners hall have considered that the proposed district: 5. Is consistent with the spirit and intent of this section; and, 6. Is compatible with existing and probable future adjacent land uses and will contribute to a desirable overall development pattern for the area involved; and, 7. Provides for safe and adequate access to the public street system without causing undue congestion or placing excessive traffic loads on local streets Effect of Approval If an application is approved, the parallel conditional use district thus established and all conditions attached thereto shall be binding upon the property and all subsequent development and use of the property shall be in accordance with the approved plan and conditions. Since the intent of this type of zoning is to provide for workable uses of property, it is intended that land will be zoned in accordance with firm plans to develop. Therefore, one year from the date of approval, the Planning Board shall examine progress made to develop in accordance with approved plans to determine if active efforts to so develop are proceeding, and a report shall be forwarded to the Town Board of Commissioners which may recommend that action be taken to remove the conditional approval. Alterations to an approved plan which do not increase either the intensity or density of development and would comply with the spirit and intent of the plan and conditions, may be approved by the Planning Board without a public hearing by the Town Board of Commissioners through Reserved. Town of Erwin Code of Ordinances 4-54

296 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance General provisions Uses by right. All listed uses are permitted by right according to the terms of this Ordinance. Conditional uses are permitted subject to additional regulations imposed. Any proposed use not listed within this ordinance is prohibited. Any requested changes or uses not listed shall follow the requirements of Article 12 Changes and Amendments Uniformity of regulations. The regulations established by this Ordinance within each district shall apply uniformly to each class or kind of structure or land Required yards not to be used by another building. The minimum yards or other open spaces required by this Ordinance for each and every building hereafter erected, moved, or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements of any other building Relationship of building to lots. Every building hereafter erected, moved, or structurally altered shall be located on a lot and in no case shall there be accessory buildings on the lot except in the case of a designed complex of institutional, residential, commercial, or industrial building in an appropriate zoning district, school campus, cluster housing, shopping center, research park, etc. more than one principal building and its customary accessory building on a lot except in the following cases: 1. Multi-family dwellings in appropriate zoning districts. 2. An approved planned unit development or complex of residential or commercial buildings in an appropriate zoning district. 3. Institutional or industrial uses such as a school campus, hospital campus, industrial parks, research parks, etc. (Amended on April 7, 2011) Maximum lot coverage. The maximum lot coverage for all development in all Residential zoning districts shall be fifty (50) percent. Town of Erwin Code of Ordinances 4-55

297 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance Substandard lot of record. Where the owner of a lot at the time of the adoption of this Ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this Ordinance, such lot may be used as a building site in the district in which it is located; provided, that the lot width and lot area are not more than twenty (20) percent below the minimum specified in this Ordinance. In any case where the lot area and lot width are more than twenty (20) percent below the minimum specified in this Ordinance or other dimensional requirements cannot be met, the Board of Adjustment may approve, as a special exception, such dimensions as shall conform as closely as possible to the required dimensions Accessory building/structures. Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than fifteen thousand (15,000) square feet. Larger lots are allowed an extra accessory building/structure for each additional fifteen thousand (15,000) square feet. There shall be a minimum of ten (10) feet between the primary structure and any accessory building/structure as well as ten (10) feet between each accessory building/structure. (Amended on February 7, 2013) Each Accessory structures shall not exceed 40% of the total area of the principal structure. At no time shall the total area of accessory use exceed 25% of the rear yard. (Amended on February 7, 2013) * Minimum side setback: 8ft 10ft (Amended on February 7, 2013) * Minimum rear setback: 10ft * Minimum setback from principal structure: 10 ft * Maximum Building Height shall not exceed 20ft mean roof height (Amended on May 6, 2010) * Maximum Building Height for accessory structures shall not exceed 20 feet mean roof height with the exception of Schools, Churches, Hospitals, Municipal Facilities, and other such campuses provided that at least one acre comprise the total land area of the development. The maximum height for accessory structures in such instances shall not exceed 35ft (feet) mean roof height. (Amended on May 6, 2010) The following uses are permitted within accessory buildings in residential areas: Parking Gazebo Pool Houses Equipment enclosure Workshop Town of Erwin Code of Ordinances 4-56

298 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance Trash containers, mechanical equipment and minor outdoor storage shall be located only within the rear yard. Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only. All Freestanding Carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five (5) feet to the property line when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to the principal structure. A maximum of two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on the lot, only one freestanding carport will be allowed Accessory uses. 1. POOLS All pools, whether aboveground or in-ground, shall be built only in rear yards. The definition of a pool shall include all structures, and walks or patio areas of cement, stone, or wood at or above grade, built for, and used in conjunction with the pool. A pool as defined above shall not exceed 45% of a required rear yard. Pools, as defined above, shall be setback a minimum of 10 ft. from all side and rear property lines. Patio area at grade have no setback requirements from rear and side lot lines. Pool shall be enclosed by a privacy fence with a minimum height of (6) feet and a maximum height of eight (8) feet. Pools located in rear yards on corner lots which are greater then 22,000 sq. ft. shall be located in the rear yard opposite the abutting street, unless the rear yard is screened by a wall or privacy fence. Town of Erwin Code of Ordinances 4-57

299 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance 2. SATELLITE DISHES Satellite dishes less than 20 inches in diameter may be located anywhere on a lot. All other satellite dishes shall adhere to the following standards: 1. Satellite dishes shall be no larger than eight (8) feet in diameter. 2. The maximum height shall be fifteen (15) feet unless the applicant can prove: a. a less intrusive location is not possible and, b. a higher location will improve reception. 3. The dish must be installed and grounded properly. 4. Satellite dishes may not be located in front or side yards and shall meet all setbacks applicable to accessory structures. 5. Satellite dishes shall be screened from view with dense landscaping materials, fences, or other solid materials, to the extent that it does not impair reception. 6. Satellite dishes with a reflective surface shall be painted a subdued or natural color. 7. Satellite dishes shall not be located on a roof Street access. No building shall be erected on a lot which does not abut a public dedicated street for a distance of at least fifty (50) feet in a R-6 District, seventy-five (75) feet in R-10 and R-15 Districts, and one hundred (100) feet in a Rural District. Cul-de-sacs located in R-6, R-10, and R-15 subdivisions must abut a public dedicated street for a distance of at least forty (40) feet. A building in a designed shopping center in a commercial district or a planned project in a residential district may be erected adjoining a parking area or other dedicated open space used in common with other lots. Town of Erwin Code of Ordinances 4-58

300 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance Street numbering for structures. All principal structures shall display their street address clearly on their building to enable emergency vehicles to locate emergency calls. The following standards shall apply: 1. Street numbers shall be a minimum of 3 inches in height. 2. Street numbers shall be a color that contrast with the surface it is mounted on. 3. Street numbers shall be clearly visible from the roadway. 4. The total street numbering area allowed shall be three (3) square feet. 5. Structures that are not visible from the street must have the street numbers placed at the entrance of the driveway that is used to access the structure. The numbers must adhere to the above standards and shall be placed on a mailbox or signpost that is clearly visible from the roadway Exceptions to height regulations. The height limitations contained in the dimension requirements do not apply to spires, belfries, cupolas, antennas, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy Driveways. No portions of any entrance driveway leading from a public street shall be closer than twenty (20) feet to the corner of any intersection as measured from the intersecting right-of-way line Curb cuts giving access to public rights-of-way. Construction of curb cuts for purposes of ingress or egress to property abutting a public right-of-way shall be approved by the public authority in the town which has jurisdiction over the maintenance of public streets and the North Carolina Department of Transportation, Highway Town of Erwin Code of Ordinances 4-59

301 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance Commission where said curbs affect access to State Highways. Provision for all access work done on highway rights-of-way is subject to approval by the Highway Commission Nonresidential & residential manufactured home use and temporary buildings. Temporary buildings, manufactured homes, and modular buildings meeting used for nonresidential and residential purposes may be located in any zoning district, except R-15 district, but only if they are temporary uses (such as construction offices, equipment storage receptacles, temporary residence, pending completion of permanent residence, or temporary offices) and only if temporary building permits are initially obtained from the Building Inspector and renewed every 90 days for a period not to exceed one (1) year. Temporary uses shall comply with all other appropriate provisions of this Ordinance and North Carolina State Building Codes Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. s Corner visibility. There shall be no planting, structure, fence, or other obstruction to visibility on any corner lot between two (2) and ten (10) feet above the level of the centerline of the street in a triangle area bounded by the street right-of-way line on such corner lots and a side line joining points along right-of-way lines twenty-five (25) feet from the intersecting right-of-way corner Issued building permits. The provisions contained herein shall not affect buildings, structures, and uses for which building permits were issued prior to the passage of this Ordinance providing that the activities for which the outstanding permits were issued are begun within six months of the date this Town of Erwin Code of Ordinances 4-60

302 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance Ordinance is adopted. Outstanding zoning permits not used within six months shall be null and void. See vested rights for site specific and phased development plans Newly incorporated areas. All territory which may hereafter be included within the zoning jurisdiction or the Town of Erwin shall be zoned by the Board of Commissioners at the time of such incorporation. s Additional environmental provisions. In addition to the requirements of this Ordinance, all effluents and emissions into the air or surface or groundwater from new development permitted by this Ordinance must be in conformity with all applicable Federal, State, and County Health and Environmental Quality regulations. It shall be the responsibility of the applicant to comply with all applicable regulations, which also include flood plain, and water shed regulations. Further, all land-disturbing activities shall meet the requirements of the Sedimentation and Pollution Control Act of Junkyards, salvage yards, and other similar uses. Junkyards, salvage yards, and similar uses as defined herein (refer to definition) shall be permitted as a conditional use exclusively in the M-l industrial district. Junkyards shall not be located in any other district. In the interest or safety to children and adjacent property, junkyards shall be encompassed by a wall or fence at least six (6) feet high and shall be screened from view by a buffer strip approved by the Planning Board. (Refer to definition.) Fences and walls. A. Applicability 1. Unless otherwise noted in this ordinance, fences or walls are permitted in the various districts subject to the following regulations: Town of Erwin Code of Ordinances 4-61

303 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance B. Permitted Fence Types 1. The following fence types are permitted in all zoning districts: a. Masonry or stone walls; b. Iron; c. Chain-link; d. Wood or similar material; e. Vinyl; f. Fences proposed to be constructed of any other materials shall be subject to the approval of the zoning administrator C. Prohibited Fence Types 1. The following fence types are prohibited; including but not limited to: a. Fences constructed primarily of barbed or razor wire, except for the purpose of enclosing livestock in prescribed zoning districts and in accordance with Erwin Code; b. Fences carrying electrical current, except for the purpose of enclosing livestock in prescribed zoning districts and in accordance with Erwin Town Code; c. Fences constructed in whole or in part of readily flammable material such as paper, cloth or canvas; d. Fences topped with barbed wire or metal spikes in residential zoning districts, except those fences built in conjunction with electric or gas substations, utility facilities, sewer plants or facilities, radio and television masts, towers and similar structures, municipal water storage facilities, public correctional and mental institutions, or military facilities, or hazardous or radioactive waste, storage, and disposal facilities; e. Fences constructed of concertina wire; f. Fences constructed in whole or in part of sheet metal, tin, or tires D. Maintenance Required 1. Any fence which, through neglect, lack of repair, state of disrepair, type or manner of construction, method of placement or otherwise, constitutes a hazard or endangers any person, animal or property is hereby deemed a nuisance. If such conditions exist, the zoning administrator shall require the owner of the property upon which the fence is located to repair, replace or demolish the fence causing the nuisance, in accordance with the regulations found herein. E. Maximum Height 1. Fence heights shall not exceed those heights as found in the Use and Requirement Charts found in Part F of Uses not explicitly noted in chart shall conform to the most approximate type use noted, which shall be determined by the zoning administrator. 2. Measurement: a. Fence height shall be measured in the same manner as buildings. Where fences are located on retaining walls or man-made berms, the height of the retaining wall or berm shall not be considered as part of the overall height of the fence. 3. Fence height limitations do not apply to fences built in conjunction with electric or gas substations, utility facilities, sewer plants or facilities, radio and television Town of Erwin Code of Ordinances 4-62

304 Part 9 Article 4 Zoning Chapter 4 General Provisions Ordinance masts, towers and similar structures, municipal water storage facilities, public correctional and mental institutions, or military facilities, or hazardous or radioactive waste, storage, and disposal facilities. F. Temporary Fences 2. Nothing in this Section shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the NC State Building Code or other applicable State or Federal requirements. G. General Fence Requirements 3. Obstruction of View: No fence shall be placed or retained in such a manner as to obstruct vision at any intersection of public or private streets. 4. Fence Prohibited in Rights-of-Way: No fence shall be erected or maintained within or on any State or Town right-of-way. 5. Obstruction of Drainage way: Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swale or ditch. 6. Historic District: Fences in Historic Districts shall meet the guidelines for the particular Historic District in which it is located. 7. Orientation of Barbed Wire: On fences topped with barbed wire, the bottom strand must be at least six (6) feet above grade. 8. Placement of Support Boards, Posts, and other Fence Support Materials: Fence shall be build with finished side facing outward toward property line. 9. Location of Fence to Allow Maintenance: No fence shall be erected in any location that prohibits the owner of the property on which said fence is erected from having access, for maintenance purposes, to all sides of such fence. H. Use and Requirement Chart: Refer to Appendix D (Amended January 14, 2010) Customary Home Occupations. 1. Such business shall not change the character of the dwelling. 2. Such business may not use any portion of an accessory building/structure. 3. Employees are restricted to family members that reside at the home. 4. No outside storage associated with the home occupation is permitted. 5. No more than 25% of the home shall be used in connection with the home occupation. 6. No display or advertising is permitted. 7. No off street parking will be permitted in connection with the home occupation. 8. Animal care services, which may include pet trimming and washing, are expressly prohibited as home occupations. (Ord. of 2/07/02) 9. Activities engaging in the business of conducting a barbershop, beauty salon or parlor, or other cosmetology services as approved by the Governing Board. (Ord. of 2/07/02) Outdoors storage. Outdoor storage of goods, equipment and material shall be prohibited in all districts except the B-2 Highway Business district and the M-I Industrial zoning district as a conditional use as provided within Article 3 - Zoning Map and Districts. Town of Erwin Code of Ordinances 4-63

305 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance All non-conforming outdoor storage existing on the effective date of this Ordinance, which does not conform, to the requirements of this article, shall be removed and/or brought into compliance within thirty-six (36) months from the effective date of this Ordinance. After the effective date of this ordinance, any new outdoor storage that has not been approved as a conditional use shall be considered in violation of the provisions of this section and shall be removed within thirty days at the Owner s expense. Failure to comply shall result in a penalty in accordance with Article Penalty Streetscape landscaping. The intent of this section is to establish a landscape planting area parallel to the right-ofway. This area shall contain plantings of trees and other live vegetation to provide a more pleasing view from the travel ways; to provide a continuity of vegetation throughout the Town; to reduce the amount of impervious surface and reduce storm water runoff; improve environmental conditions; and to preserve existing trees. For all proposed development (except residential and the residential portion of Planned Neighborhood districts) abutting rights-of-way, one of the following shall be required: (A) A perimeter planting strip adjacent to the right-of-way (planting area is not to be located in the right-of-way) with a minimum width of six (6) feet, provided each streetscape tree shall have a minimum planting area of a three-foot radius, measured from the trunk of the tree. The strip's total length shall be equal to the total length of the property line adjacent to an existing or proposed right-of-way as determined by the adopted Thoroughfare Plan, exclusive of access drives. (B) Trees shall be planted, if not existing, within the planting strip according to one (1) of the following requirements: (1) Large shade trees shall be spaced no greater than seventy-five (75) feet apart with a minimum of one (1) tree planted for every fifty (50) linear feet of perimeter planting strip. Each tree shall be a minimum of two (2) inches caliper, have a minimum height of ten (10) feet from the ground surface, and be planted a minimum of five (5) feet from the right-of-way line. Town of Erwin Code of Ordinances 4-64

306 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance (2) Small size ornamental trees shall be spaced no greater than fifty (50) feet apart with a minimum of two (2) trees planted for every fifty (50) feet of perimeter planting strip. Each tree shall be a minimum of one (1) inch caliper and have a minimum height of six (6) feet from the ground surface, and be planted a minimum of five (5) feet from the right-of-way line. (3) A combination of both large shade and small ornamental trees spaced no greater than seventy-five (75) feet apart for large trees, fifty (50) feet apart for small trees and seventy-five (75) feet apart between large trees and small trees. (4) A minimum of one (1) large and two (2) small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip. Corner lots shall have not less than one (1) tree on each street perimeter-planting strip greater than or equal to fifty (50) linear feet. Credit for such trees shall be applied to meet the minimum tree spacing requirements. (C) Existing trees in perimeter planting strip. Existing trees planted in the perimeterplanting strip may be accepted if they meet or exceed the requirements of (B); or if the existing trees do not meet the requirements of (B) the existing trees may be combined with additional new trees to meet the requirements of (B) Tree size at planting. (A) Large shade tree: Each tree shall be a minimum of two (2) inches caliper, have a minimum height of ten (10) feet from the ground surface, and not be within the right-of-way. (B) Small size ornamental tree; Each tree shall be a minimum of one (1) inch caliper, have a minimum height of six (6) feet from the ground surface and not be within the right-ofway Visibility. Any planting on any corner of two (2) streets shall comply with a site triangle clearance as described in Article 4 General Provisions N. Corner Visibility Tree replacement. Landowners shall be responsible for the installation, preservation and maintenance of all planting and physical features required, satisfying the conditions of this section. Any dead or Town of Erwin Code of Ordinances 4-65

307 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance missing vegetation shall be replaced within one (1) calendar year, so as to maintain the minimum standards of this Article Existing developed properties. Compliance - Nonresidential properties which were existing and developed prior to the effective date of this Article making improvements expansions, renovations or repairs to interior and exterior features greater than 25% of the gross floor area or at least one-third of the replacement value, or changes in the type of occupancy are not required to comply with the requirements of this Article Designated entrance corridors landscaping. The intent of this section is to ensure that streetscape trees are provided along "Designated Entrance Corridors" in order to provide a more pleasing view from the travel ways; to provide a continuity of vegetation throughout the Town; to reduce the amount of impervious surface and reduce storm water runoff; improve environmental conditions; preserve existing trees; and to provide harmony within, and enhance the image of the Town. Streetscape landscaping shall be required on all proposed development, which abut a right-of-way along Designated Entrance Corridors, as defined below. Existing trees along the Designated Entrance Corridors shall be preserved whenever practical. The Designated Entrance Corridors include, but are not limited to the following streets: Denim Drive Red Hill Church Road NC HWY 55 US HWY 421 NC HWY 217 West J Street NC HWY 82 (A) Designated Entrance Corridor Specifications. (1) The Streetscape landscaping standards, as set forth in Article IV. V. Streetscape Landscaping of this ordinance shall be applied for all proposed development abutting rights-of-way along Designated Entrance Corridors. Town of Erwin Code of Ordinances 4-66

308 Part 9 Chapter 4 Article 4 General Provisions Zoning Ordinance (2) In cases where a Designated Entrance Corridor is scheduled to be widened, the developer shall plant the trees prior to the widening project, provided that the North Carolina Department of Transportation (NCDOT) has marked the proposed right-of-way Electronic Gaming Operations 1. Days/Hours of operation: Businesses engaging in electronic gaming operations activities may operate from 8:00 am until 10:00 pm each day, Monday through Saturday unless otherwise specified by the Planning Board. 2. The maximum number of machines/terminals/computers for any electronic gaming operations is The machines/terminals must not be prohibited by State or Federal law and must have all applicable permits and licenses. 4. If food or beverage is served the establishment must meet the requirements of the Erwin Zoning Ordinance, the Harnett County Department of Health, and all Local, State, and Federal law requirements. 5. No establishment that operates electronic gaming machines in any capacity may serve alcohol. 6. All establishments engaging in electronic gaming must post restrictions banning it s patrons from bringing firearms into the facility. 7. The establishment must be a minimum of Five Hundred (500) feet from any residential zoning district. 8. The establishment must be a minimum of Five Hundred (500) feet from any other organization engaged in an electronic gaming operation business. 9. The establishment must be a minimum of Five Hundred (500) feet from any church, synagogue, or temple and associated uses including cemeteries congregate care facility; a public or private daycare center; or any public or private school. The required separation from the above listed uses applies whether the place of worship, school, child day care center, playground, or park is the principal use or an accessory use of the property. 10. The applicant shall submit a current plot plan prepared within thirty (30) days prior to application by a registered land surveyor or engineer depicting the following: a. Property lines and the structures containing any existing electronic gaming businesses within One Thousand (500) linear feet of the subject property b. Property lines of any established church, synagogue, or temple and associated uses including cemeteries congregate care facility; a public or private daycare center; or any public or private school that is within Five Hundred (500) feet of the subject property c. Property lines of any existing residential zoning district within three hundred (500) feet of the subject building. 11. Distances shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structure wall of the electronic gaming establishment to the nearest lot line of the religious use, school, residential district or other electronic gaming facility. 12. Establishments will provide at least 25 square feet for each gaming terminal or machine. Furthermore, gaming areas when implemented as an accessory use shall be completely separated from public view by a method which is NC Building Code compliant. 13. No goods or services of any kind may be traded or bartered in return for the use of any portion of the permitted electronic gaming operation. 14. The minimum age of any persons entering an electronic gaming operation shall be All establishments engaging in electronic gaming either as a primary or accessory use are subject to inspection at any time by a representative of the Town of Erwin, or its designee. 16. All existing electronic gaming operations shall be mandated to comply with the above referenced regulations within six (6) months of the adoption of this ordinance. Failure to do so will result in a violation of the Town of Erwin Zoning Ordinance. Furthermore, any permitted electronic gaming business that is not in compliance with the regulations as stated shall receive one (1) written violation describing the nature of the violation and a time period to come into compliance. Should the establishment not come into compliance within the specified time, or is found to be in violation of this ordinance for a second time, The Conditional Permit in question shall be remanded to the Commissioners of The Town of Erwin for a public hearing on its revocation. Town of Erwin Code of Ordinances 4-67

309 Part 9 Chapter 4 Article 5 Nonconforming Uses Zoning Ordinance Other Uses (Adopted May 3, 2012) Equine Stables for Commercial or Private Use (Adopted May 3, 2012) 1. Private Equine Stables are those not boarding horses for the public, and/or for hire. There shall not be more than one horse for each one (1) acre of the total site area; furthermore the maximum number of equines shall be limited to ten (10) horses per site. All other Stables boarding horses for the public or for hire will be considered a Commercial Use and subject to additional regulations as outlined within this ordinance. Commercial Stables are allowed one horse for each one (1) acre of the total site with a maximum of twenty (20) animals per site. 2. Such buildings or structures shall be located no closer than forty (40) feet to any right of way or property line, and no closer than fifty (50) feet to any building containing a dwelling unit or accessory living quarters on the same premises. 3. There shall be no open-air storage of manure, compost or similar used or soiled organic materials closer than one hundred (100) feet to any boundary property line or any Institutional, any Commercial or any Improve Upon Property closer than fifty (50) feet to any dwelling unit or accessory living quarters on the same premises. 4. Pasture and grazing lands which abut any property line for any distance it is required that there shall be erected and maintained a fence not less than four (4) feet nor more than six (6) feet in height, and shall be located no closer than twenty (20) feet from any established right of way. Any fence which abuts said property lines shall be installed in accordance with the setbacks which govern accessory structures in each respective zoning district where allowed. 5. Grass areas within the fence line are subject to reasonable mowing requirements Nonconforming uses. After the effective date of this Ordinance, preexisting lots or structure, or uses or lots or structures which would be prohibited under the regulations for the district in which located, shall be considered as nonconforming. Nonconforming lots, structures, or uses may be continued provided they conform to the following provisions: Continuance of nonconforming buildings. The lawful use of a building existing at the time of the passage of this Ordinance shall not be affected by this Ordinance, and such use may be extended throughout the building provided no structural alterations except those required by law, ordinance or ordered by the Administrative Official to secure the safety of the building are made therein, but no such use shall be extended to occupy land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period of more than one hundred and eighty (180) days, every future use of such premises shall be in conformity with the provisions of this Ordinance Continuance of nonconforming use of land. The lawful use of land existing at the time of the passage of this Ordinance, although such use does not conform to the provisions of this Ordinance, shall not be affected by this Ordinance provided, however, that no such nonconforming use shall be extended to occupy a greater area of land than occupied by such use at the time of the passage of this Ordinance. If such nonconforming use is discontinued for a continuous period of more than one hundred and eighty (180) days, every future use of said land shall be in conformity with the provision of this Ordinance. Town of Erwin Code of Ordinances 4-68

310 Part 9 Chapter 4 Article 5 Nonconforming Uses Zoning Ordinance Extension of nonconforming uses and their buildings. 1. Nonconforming uses and nonconforming portions of buildings shall not hereafter be enlarged or extended in anyway provided, however that a building which is nonconforming solely because of its encroachment is a required yard area may be extended in any lawful manner that does not further encroach in that yard 2. The Board of Commissioners shall determine the following exceptions for owner occupied residents (not renter occupied): Owner occupied residents may extend a nonconforming building up to a maximum of five hundred (500) square feet to be granted on a one time basis for the nonconforming building. If the nonconforming building changes ownership or remains in the same ownership, further nonconforming extensions will not be allowed. In addition, extensions of the nonconforming building will not be granted by the Erwin Board of Commissioners if the existing setbacks cannot be met or if there is any health or safety concern Change of nonconforming issues. Any nonconforming use may be changed to any conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this Ordinance Cessation of nonconforming uses. If active operations of a nonconforming use are discontinued for a continuous period of 180 days, such nonconforming use shall thereafter be used only for a conforming use. Town of Erwin Code of Ordinances 4-69

311 Part 9 Chapter 4 Article 5 Nonconforming Uses Zoning Ordinance Destruction of nonconforming uses. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by any means to an extent of more than sixty percent (60%) of its assessed valuation at the time of destruction, such structure may not be restored as a nonconforming structure or for a nonconforming use. If destroyed by less than sixty percent (60%) but not restored within twelve (12) months of the time such damage occurred, it may not be restored as a nonconforming structure or for a nonconforming use. Owner occupied residences, which are nonconforming uses may be rebuilt regardless of the extent of the destruction. However, existing setbacks shall be enforced Repair and alteration of nonconforming uses. Normal maintenance and repair in a building occupied by a nonconforming use is permitted provided it does not increase the bulk of the structure nor extend the nonconforming use. EXCEPTION: Existing Nonconforming Manufactured Homes a. Purpose: There are a number of existing Manufactured Homes that are nonconforming because of Type rather than Use in the corporate limits of Erwin and its Exterritorial Jurisdiction. The Erwin Board of Commissioners deems it proper to allow replacement of manufactured homes (residence use) that meet the following criteria: b. Application For Replacement: The applicant shall deliver a completed application, furnished by the Town, to the Administrative Official. The application will then be forwarded to the Erwin Board of Commissioners for consideration. The application will contain, at minimum, the following statements and information: 1. Owner name, contact number, mailing address, and property address. 2. Name and address of property owners within three hundred (300) feet of the manufactured home lot being considered. Town of Erwin Code of Ordinances 4-70

312 Part 9 Chapter 4 Article 5 Nonconforming Uses Zoning Ordinance 3. A statement that the applicant currently resides in the existing unit and was owner of the unit and lot prior to 7 September A statement that applicant will occupy the proposed new unit for at least one year. 5. A site plan drawn to scale (1 inch = 30 feet maximum) showing lot shape, size, and all dimensions. All structures and improvements, including primary and accessory buildings shall be drawn to scale, positioned on site plan showing the distances from each other and from the front, rear and side yard property lines. 6. A statement that the replacement unit will meet the following criteria: a. The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction. b. The front entrance to the manufactured home has stairs and a porch, the porch being at least four feet by six feet in size. Stairs, porches, entrance and exit to and from the home shall be installed or constructed in accordance with the North Carolina State Building Code. c. The manufactured home is set up in accordance with the standards set by the North Carolina Department of Insurance and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home. d. The moving hitch, wheels, axles, and transporting lights have been removed. e. Manufactured home shall comply with the FHA (Federal Housing Administration) requirements relative to tie downs c. Fee: The Board of Commissioners shall set a fee, payable to the Town of Erwin, to cover the necessary administrative costs. This set fee shall be posted in the Town Clerk s office. d. Action By Board of Commissioners: The Board shall review all applications and determine if newer units may replace existing Manufactured Homes on individual lots. The Board will not grant replacement if zoning district setbacks and lot coverage cannot be met or if Town of Erwin Code of Ordinances 4-71

313 Part 9 Chapter 4 Article 5 Nonconforming Uses Zoning Ordinance the Board determines that imposing other conditions cannot adequately protect the public health, safety, and general welfare. e. Intent: It is the intent of this criteria to insure that these manufactured homes, when installed, shall have substantially the appearance of an on site conventionally built single family dwelling, to include landscaping in harmony with surrounding dwellings f. Expiration: Any replacement of noncompliant or nonconforming Manufactured Homes allowed by ordinance must be applied for and completed within (6) months of the demise or removal of such unit through reserved Town of Erwin Code of Ordinances 4-72

314 Part 9 Chapter 4 Article 6 Lighting Zoning Ordinance Lighting requirements Purpose. This article sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to (1) require lighting in outdoor public places where safety and security are concerns; (2) protect drivers and pedestrians on nearby travel ways from disabling glare from non-vehicular light sources that shine directly into their eyes and thereby impair safe travel; (3) shield neighboring properties from nuisance glare resulting from nonexistent or improperly directed or shielded light sources; (4) limit the height of light standards to preclude or lessen light pollution; and (5) promote efficient design and operation with regard to energy conservation Lighting standards: Applicability 1. Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto for all subdivisions and/or land developments for business, commercial, personal service, industrial, multi-family, recreational, institutional and public uses. In the approval of any subdivision or land development plan, the Board of Commissioners shall have the authority to require lighting to be incorporated for other uses or locations where in their reasonable discretion such lighting is warranted. In addition, the provisions of this section shall apply to signs and to architectural and landscape lighting Plan submission. 1. Lighting plans submitted for review and approval for subdivisions and land developments in connection with any use identified in subparagraph B of this section shall include a schematic layout of all proposed exterior fixture locations, isofootcandle data, and a plot demonstrating adequate intensities and uniformities within the limitations established in D of this section, and manufacturers description of the equipment (catalog cuts), glare-control Town of Erwin Code of Ordinances 4-73

315 Part 9 Chapter 4 Article 6 Lighting Zoning Ordinance devices, lamps, mounting heights and means, proposed hours of operation of the lighting, and maintenance schedule. Illumination intensities shall be plotted on a 10 x 10 grid. 2. When requested by the Board of Commissioners, the applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the uses or development site and on adjacent properties Design standards and illumination standards. 1. Lighting facilities located on off-street parking areas and loading areas for uses and developments governed by this Section, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing the current North America (IESNA) unless otherwise approved by the Planning commission for justifiable cause shown. 2. Illumination, where required by this , shall, as a maximum, have the intensities and uniformity ration in the Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), 8th. Edition, as follows: (a) Parking, multi-family Maintained Uniformity Use/Task Foot-candles Avg.:Min. Low vehicular/pedestrian activity 0.2 min. 4:1 Medium vehicular/pedestrian activity 0.6 min. 4:1 (b) Parking, industrial/commercial/ institutional municipal High activity, e.g., regional shipping centers, fast food facilities, major 0.9 min. 4:1 athletic/civic, cultural events Medium activity, e.g., community shopping centers, office parks, 0.6 min. 4:1 hospitals, commuter lots, cultural/civic/recreational events Low activity, e.g., neighborhood shopping, industrial employee 0.2 min. 4:1 parking, school, church parking (c) Non-residential walkways and bikeways 0.5 min. 5:1 (d) Building entrances 5.0 avg - 3. In the application of the above standards, the following regulations shall apply: Town of Erwin Code of Ordinances 4-74

316 Part 9 Chapter 4 Article 6 Lighting Zoning Ordinance (a) Illumination levels shall be defined as maintained horizontal foot-candles on the task. For example, the pavement or area surface. (b) Uniformity ratios dictate that average illumination values shall not exceed minimum values by more than the product of the minimum value and the specified ratio. For example, in the case of the commercial parking high activity, the average foot-candles shall not be in excess of 3.6 (0.9 x 4) (c) In no case shall illumination exceed 0.2 foot-candles measured at the property line; and, the amount of illumination projected onto a residentially zoned property or use from another property shall not exceed 0.1 foot-candle at the property line. (d) Lighting standards in parking areas shall be located no more than one hundred feet (100) apart. (e) Lamp types and colors shall be in harmony within the adjacent community, any special circumstances existing on the site, and with surrounding installations. Lamp types and colors shall be consistent with the task and setting, and shall not create a mix of colors unless otherwise approved by the Board of Commissioners for cause shown Glare control. 1. All lighting fixtures shall meet IESNA cutoff criteria. No lighting shall be permitted which shines directly into residential units, or results in glare beyond an angle of thirty (30) degrees from the vertical plane, measured from the light source. 2. Light fixtures, including mounting base, shall not exceed sixteen feet (16) in height above finished grade. 3. All lighting shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct glare light radiation, or light pollution which may create a safety hazard or a nuisance. 4. All lighting shall be completely shielded from any public right of way. 5. Illuminated signs shall have an indirect lighting source or shielded source. 6. The Board of Commissioners, as they deem appropriate, may require that lighting be controlled by automatic timing devices to extinguish light sources during specific periods to mitigate the adverse consequences of light pollution. 7. Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, Town of Erwin Code of Ordinances 4-75

317 Part 9 Chapter 4 Article 6 Lighting Zoning Ordinance fences, and similar screening methods be considered acceptable for reducing glare. 8. Fixtures used for architectural lighting, such as façade, feature and landscape lighting, shall be aimed or directed so as to preclude light projection beyond the immediate objects intended to be illuminated. All such lighting shall be extinguished between the hours of 11:00 PM prevailing time and dawn Installation and maintenance. 1. The applicant/landowner shall install or cause to be installed all lighting fixtures and facilities at his/its expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the Board of Commissioners upon recommendation of the Planning Board, in compliance with this The landowner shall be responsible for all costs involved in the maintenance, upkeep and operation of all lighting or parking and loading areas and other areas required by this Electrical feeds to lighting standards shall be run underground, not overhead. 3. Lighting fixtures shall be maintained by the landowner so as to always meet the requirements of this Ordinance Compliance. 1. Board of Commissioner s approval of a lighting plan upon the recommendation of the Planning Board, does not relieve the landowner of responsibility should any light standards or light fixtures, after construction, fail to conform or continue to conform to the provision of this The Town reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this and, if applicable, to require remedial action at the expense of the landowner. 2. Authority for determination of correct lighting installation shall rest with the Administrative Official, with advice form the Town Engineer. If the Administrative Official determines that any lighting installation creates a safety or personal security hazard due to insufficient illumination levels or produces unacceptable levels of nuisance glare, light pollution, or skyward light, the landowner or other person/entity then responsible for the use, maintenance and operation of the lighting shall be so notified and required to take timely remedial action at the expense of the landowner or other responsible person. Town of Erwin Code of Ordinances 4-76

318 Part 9 Chapter 4 Article 7 Parking and Loading Zoning Ordinance Off-street parking requirements. There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one type of use or occupancy to another, permanent off-street parking space in the amount specified by this section, together with adequate driveway and maneuvering space. Such parking space may be provided in a parking garage or properly graded open space Certification of Minimum Parking Requirements. Each application for a zoning permit submitted to the Building Inspector as provided for in this Ordinance shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be in sufficient detail to enable the Building Inspector to determine whether or not the requirements of this section are met Combination Of Required Parking Spaces. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use, except that 1/2 of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Saturdays and Sundays may be assigned to a use which will be closed at night and on Sundays Remote Parking Spaces. If the off-street parking space required by this Ordinance cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 500 feet of the main entrance to such principal use, provided such land is in the same ownership as the principal use. Town of Erwin Code of Ordinances 4-77

319 Part 9 Chapter 4 Article 7 Parking and Loading Zoning Ordinance Minimum Parking Requirements. Minimum length of space 20 feet Minimum width of space 8 feet The following off-street parking spaces shall be required Residential Uses and Required Parking: Single Family Dwelling Two (2) parking spaces per dwelling unit Multi-Family Dwelling Two and one-half (2.5) parking spaces on the same lot for each dwelling unit Rooming houses, boarding houses, motels, hotels, bed and breakfast, and tourist homes One (1) parking space for each bedroom or unit rented plus one (1) space for each two (2) employees Public and Semi-Public: Mortuaries and funeral homes One (1) parking space for each three (3) seats in parlor or chapel Churches, theaters, and auditoriums One (1) parking space for each three (3) seats in principal place of assembly Schools One (1) space for each staff member and employee, plus one (1) space for each (5) students in grades (spaces should be calculated for the maximum staff and students for which building was designed. Stadium One (1) parking space for each three (3) seats for spectators Hospitals, nursing, and rest homes One (1) space for each (2) employees on the largest shift plus one (1) space for each two (2) beds Day care centers, kindergartens One (1) space for each staff member and employee plus (1) space for each (5) students Office and Professional Services: Office buildings, banks, and similar institutions One (1) space for each two hundred (200) square feet of gross floor area Medical offices and clinics Four (4) spaces for each doctor, dentist, or other professional Town of Erwin Code of Ordinances 4-78

320 Part 9 Chapter 4 Article 7 Parking and Loading Zoning Ordinance practicing at the clinic, plus (1) space for each employee Services and Retail Business: Retail business and service establishments One (1) space for each two hundred (200) square feet of gross floor area, plus one (1) space for each company vehicle Shopping centers One (1) parking space for each two hundred (200) square feet of floor area Service stations Two (2) spaces for each gas pump plus three (3) spaces for each grease rack or other working bay Auto service and/or sales Four (4) spaces for each maintenance stall plus adequate spaces to accommodate all new and used retail units and customer parking generated by retail sales Restaurants One (1) space for each three (3) seats, plus one (1) space for each two (2) employees on the largest shift Pool halls and billiard parlors Two (2) spaces for each table Bowling alleys Three (3) spaces for each alley plus one (1) space for each two (2) employees Equine Stables (Commercial Use) One (1) space shall be provided for each stall in said structure plus one (1) space for each employee. Commercial Stables offering riding lessons to the public shall add additional two (2) parking spaces.(adopted May 3, 2012) Manufacturing, Processing, and Wholesale Trade: Manufacturing industries One (1) space for each employee on the Largest shift plus one (1) space for each company vehicle Additional reserved parking space shall be provided for visitors equal to five (5) percent of the employee parking spaces when there are forty (40) or more employees Wholesale, retail, and commercial storage One (1) space for each employee plus one (1) space for each company vehicle stored at the site Surface of Parking Area All parking areas of public, semi-public, business, and industrial and wholesale uses shall be surfaced with concrete, bituminous, or a minimum of six inches of gravel and shall be maintained in a dust free condition. Town of Erwin Code of Ordinances 4-79

321 Part 9 Chapter 4 Article 7 Parking and Loading Zoning Ordinance Off-street loading requirements. 1. All uses and establishments commenced hereafter shall provide off-street loading space sufficient to allow all loading and unloading of vehicles to take place entirely within the property lines of the premises. 2. Loading berths shall have the following minimum dimensions: width twelve (12) feet; length fifty-five (55) feet; and height clearance fifteen (15) feet. 3. Such berths shall be designed, along with the means of egress to such berths, so as not to interfere with the free, normal movement of vehicles and pedestrians on public rightsof-way. 4. The minimum number of off-street loading berths to be provided by individual establishments shall be according to the following schedule: a. Retail and Service Establishment - One berth for every 20,000 square feet of gross floor area, or portion thereof; however, two or more adjoining establishments with a total gross floor area of less than specified herein shall be considered as one establishment for the purpose of complying with this provision. b. Office Buildings, Hotels, and Other Institutional Uses - One berth for every 50,000 square feet of gross floor area or portion thereof. c. Industrial and Wholesale Establishments - One berth for every 10,000 square feet of gross floor area, or portion thereof, up to 30,000 square feet; one (1) space for every 30,000 square feet of gross floor area, or portion thereof in excess of the first 30,000 square feet of gross floor area. 5. The off-street loading space provided as required by this section shall be permanent space and shall not be used for any other purpose through reserved. Town of Erwin Code of Ordinances 4-80

322 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance Sign regulations. The purpose of these regulations is to promote traffic safety, safeguard public health and comfort, facilitate police and fire protection, prevent adverse community appearance and the overcrowding of land, and protect the character of the area in which the signs are located. The regulations are designed to permit maximum legibility and effectiveness of signs and to prevent their over concentration, improper placement, and excessive height, bulk, and area. Since it is widely recognized that aesthetic value of the total environment does affect economic values of the community and the unrestricted proliferation of signs can and does detract from the economic value of the community, it is the intent of this section to provide limiting controls, where necessary, to preserve community scenic, economic, and aesthetic values. All signs erected, altered, relocated, or maintained shall be in accordance with the provisions of this section Signs prohibited. Signs not to Constitute Traffic Hazards - No sign or advertising structure shall be erected or maintained at the intersection of any streets or roads so as to obstruct free and clear vision or at any location where (by reason of the position, illumination, shape, or color) it may impair, obstruct the view or be confused with any authorized traffic sign, signal, or device or which makes use of the words "stop, look," "drive-in," "danger," or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic. Signs Erected on Public Streets - No sign shall be erected or maintained within any public street right-of-way nor be allowed to extend over or into any public street provided that this section shall not apply to public signs necessary in the performance of a governmental function or required to be posted by law. Obstruction of Ingress or Egress of Building - No sign shall be erected or maintained that obstructs ingress and/or egress to or from any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress to or from any room or building as required by law. Town of Erwin Code of Ordinances 4-81

323 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance Obscene Matter Prohibited - No sign shall be erected or maintained which bears or contains statements, words, or pictures of an obscene character. Signs on Private Property; Consent Required - No sign may be erected by any person on private property of another person without first obtaining the written consent of such owner. Rotating and Flashing Signs. No rotating, revolving or intermittent lighting devices shall be attached to or made a part of, any sign. Portable signs. Any portable sign such as a sandwich sign or folding sign, a sign attached to a trailer, or any other portable sign shall be prohibited, except as approved by the administrative official as part of a temporary certificate of zoning compliance for rallies, carnivals, and religious revivals Signs permitted in all districts. The following signs shall be permitted in all zoning districts: Directional and Information Signs erected and maintained by public agencies and governmental bodies including legal notices, identification and informational signs, and traffic, directional or regulatory signs. (Directional and information signs are exempt from the sign permit requirements.) (Amended January 6, 2011) Holiday Decorations erected, placed, and maintained in good order as to not constitute public, property, or health nuisance. (Amended January 6, 2011) Memorial Signs, Cornerstones, Historical Tablets and similar signs that are integral decorative or architectural features of buildings, including signs which denote the building name, date of erection or street number. Where such signs shall be permitted as exemptions when cut into any masonry surface or implanted with a metal plate. (Amended January 6, 2011) 2.) Historic monuments denoting historic information or events associated with the property or area in which the monument is located; where such signs shall be permitted as exemptions when such signs: 1. Are not otherwise specifically prohibited by these regulations 2. Are maintain behind the property or road right-of-way line 3. Do not to exceed 8 feet in height 4. Do not obstruct the line of site for the driving public for the purposes of ingress or egress from or onto any private drive or public road 5. Are primarily constructed of brick, stone, or masonry material; or other materials as provided by the specifications and standards for Historical Markers through the North Carolina Department of Transportation and the North Carolina Department of Cultural Resources. (Amended May 5, 2011)

324 PART 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance Signs not Visible to the Public provided that such signs cannot be seen from a public street or right of way. (Amended January 6, 2011) Identification Signs not to exceed six (6) square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as (1) signs giving property identification names or numbers or names of occupants, (2) signs on mailboxes or paper tubes, and (3) signs posted on private property relating to private parking or warning the public against trespassing or danger from animals or other dangers associated with the property upon which the sign is affixed. (Amended January 6, 2011) Works of Art affixed to the façade of a building provided that such works do not directly serve as an advertising device for the on-premise business or operation and does not serve as an outdoor advertising device as defined in these regulations. Works of Art shall not project beyond one (1) foot from the building wall to which it is affixed. (Amended January 6, 2011) Off- premises Church Identification Signs may be permitted, provided that each sign does not exceed sixteen (16) square feet in area and is located off of any public street right-of-way. (Amended January 6, 2011) Vehicle Signs painted on or otherwise permanently attached to currently licensed motor vehicles and trailers that are not primarily used as signs. (Amended January 6, 2011) Interior Signs located on the inside of buildings, courts, lobbies, stadiums, or other structures that are not intended to be seen from the exterior of said building or structures. (Amended January 6, 2011) Ancillary Signs painted or attached to vending machines, gas pumps, ice machines, or similar devices which indicate the contents of the machine, the price, or operating instructions. (Amended January 6, 2011) Temporary Real Estate Signs not to exceed twelve (12) square feet in area displayed on the property proposed for sale or lease and located on private property behind the property line. Such signs may be indirectly illuminated in nonresidential districts (Temporary Real Estate Signs are Exempt from the sign permit requirements.) Amended January 6, 2011) Bulletin Boards - Churches, schools, community centers, and other public and institutional uses may erect one (1) sign or bulletin board not exceeding twenty (20) square feet in area for the purpose of displaying the name of the institution and related information. Such signs shall be used as wall signs or shall be located a minimum of twelve (12) feet from the street lot line and side lot or property lines. Where side yards are required, no such sign shall be permitted in the required side yards Town of Erwin Code of Ordinances 4-82

325 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance Temporary Construction Signs which denote the architect, engineer, contractor, or builder of the project or which describe the name and proposed use of the project may be placed on the site until construction is completed. (Temporary Construction Signs are exempt from the sign permit requirements.) (Amended January 6, 2011) Identification Signs not to exceed six square feet in display area bearing only addresses or names of occupants of the premises and located on privately owned property. (Amended January 6, 2011) Memorial Signs, Cornerstones, Historical Tablets, and similar signs. (Memorial plaques, cornerstones, historical tablets and similar signs are exempt from the sign permitting requirements. (Amended January 6, 2011) Memorial Plaques, cornerstones, historical tablets, and similar signs. (Memorial plaques, cornerstones, historical tablets, and similar signs are exempt from the sign permit requirements.) (Amended January 6, 2011) Instructional Signs, erected on private property, not exceeding six square feet in display area, erected strictly for the direction, safety or convenience of the public, including signs which identify restrooms, parking area entrances or exits, and no trespassing signs or similar devices warning of danger. (Instructional signs are exempt from the sign permit requirements.) (Amended January 6, 2011) Temporary Political Signs, erected on private property during periods of national, state, and local elections provided that they be removed within ten days after the election. (Temporary political signs are exempt from the sign permit requirements). (Amended January 6, 2011) Business signs. Business signs and name signs shall be permitted on the premises of the business in districts in which the principal use is permitted subject to the following limitations: A. Wall Business signs shall not project more than one foot from any building wall or Canopy to which the wall sign is attached.. (Amended January 6, 2011) Town of Erwin Code of Ordinances 4-83

326 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance B. Projecting signs shall be permitted subject to the following limitations: (1) One projection sign per separate business establishment may be allowed in any nonresidential district. wall. (2) No part of a projecting sign may project more than five (5) feet from the building (3) The bottom edge of a projecting sign must be located at least ten (10) feet above the walking surface for pedestrian movement, except in cases in which such a sign is located underneath an awning or canopy, the bottom edge shall be at least eight (8) feet above the walking surface for pedestrian movement (Amended January 6, 2011) C. Non-illuminated wall signs and projecting signs have a total sign surface area in square feet no greater than two times the linear frontage in feet of the wall of the building to which the sign is attached, but in no case greater than 100 square feet with exception to the B-2 Highway Business District. The following limitations apply to non-illuminated wall signs in the B-2 Highway Business District: sign (1). B-2 Highway Business District A. Non-illuminated wall signs have a total sign surface area in square feet no greater Than two times the linear frontage in feet of the wall of the building to which the Is attached. B. Non-illuminated wall signs within the B-2 Highway Business District which directly Face land residentially zoned (either abutting directly or separated by any publicly Maintained road) shall conform to the same dimensional requirement as such signs In all other zoning districts. (Amended on May 7, 2009) D. Illuminated wall signs and projecting signs shall have a total sign surface area in square feet no greater than two times the linear frontage in feet of the wall or the building to which the sign is attached, but in no case greater than fifty square feet, with exception to the B-2 Highway Business District. Display lighting shall be shielded so as to prevent a direct view of the light source from a residence in a residential district. No intermittent lighting effects may be utilized except for time and temperature devices and for Motion Picture Theater. The following limitations apply to illuminated wall signs in the B-2 Highway Business District: (Amended January 6, 2011) (1). B-2 Highway Business District A. Illuminated wall signs have a total sign surface area in square feet no greater Than two times the linear frontage in feet of the wall of the building to which the Sign is attached. B. Illuminated wall signs within the B-2 Highway Business District which directly face land Residentially zoned (either abutting directly or separated by any publicly maintained Road) shall conform to the same dimensional requirement as such signs in all other Zoning districts. (Amended on May 7, 2009)

327 Part 9 Article 8 Zoning Chapter 4 Sign Regulations Ordinance E. Freestanding signs shall be located no less than twelve (12) feet from the street right-of-way line or property line, whichever is greater. Behind the setback line, or setback off the street right-of-way line one foot for every one foot in linear height of the freestanding sign whichever is greater. (Amended on October 4, 2011) No freestanding sign shall be located in a required side yard or within ten (10) feet of the side property line. No building shall have more than one freestanding sign except buildings having frontage on more than one public street. In this not more than two freestanding signs shall be permitted. A freestanding sign shall in no case exceed a height of thirty-five (35) feet or two hundred (200) square feet in area. (Amended January 6, 2011) F. Signs in shopping centers shall be subject to the following additional limitations: (1.) Each shopping center may provide not more than one freestanding sign that displays the name of the shopping center and the tenant businesses. (2.) Detached buildings that are designed to contain not more than one business, may display not more than two wall signs. (3.) Businesses located in attached buildings may display not more than one wall or one projecting sign. (Amended January 6, 2011) G. Changeable copy, electronic reader board, and LED signs are permitted only in the B-2 Highway Business Zoning District under the following conditions. If changeable copy, electronic reader board, or LED (also referred to as electronic display ) signs are utilized as part of a permitted freestanding sign, then the total electronic display area of such freestanding sign shall be a minimum of 30 percent and a maximum of 50 percent changeable copy, electronic reader board, or LED signage. Electronic reader board or LED signs that display anything other than the time and temperature shall not change messages or images more often than every ten (10) seconds. Electronic display signs shall be comparable in composition, durability, and workmanship to the existing sign. Electronic display sign shall not advertise subjects unrelated to the premises upon which it is located. Display lighting shall be shielded, or dimmed so as to prevent direct rays of light from being cast into a residential area or district and/or vehicles approaching on a public right-of-way from any direction. (Amended January 6, 2011) (H) No wall or projecting sign shall extend above the height of the building roof line. In case of a flat roof, no sign shall extend above the parapet wall. (Amended January 6, 2011) (I) No sign may be placed upon any roof surface. (Amended January 6, 2011) Outdoor advertising signs. Outdoor advertising signs are permitted as a conditional use in the M-l Industrial district subject to the following limitations: A. The maximum size of the display area of outdoor advertising signs shall be 300 square feet for single-face signs and 300 square feet for each face of double face signs. B. They Such signs must meet all requirements of the district applying to the principal structures(amended January 6, 2011) with regard to yards, setbacks, and height requirement. Further, the minimum height of the lowest portion of any display surface shall be elevated to a height of eight feet from the ground level. (Amended January 6, 2011)

328 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance C. Such signs shall not be located within 100 feet of any residential residentially zoned district. D. Such signs shall not be permitted within 300 feet of an existing outdoor advertising sign or structure. Outdoor advertising signs shall be located not less than twelve (12) feet from the street right-of-way line or behind the setback line, whichever is greater. (Amended January 6, 2011) 5. No outdoor advertising sign shall be erected or maintained within 600 feet of the nearest edge of the right-of-way of interstate or primary highways, except as allowed by the North Carolina General Statutes. Outdoor advertising signs shall be located not less than twelve (12) feet from the street right-of-way line or behind the setback line, whichever is greater. (Amended January 6, 2011) E. Such signs proposed to be erected upon a lot abutting the right-of-way of an interstate or primary highway shall make application to and receive approval from the North Carolina Department of Transportation prior to final sign permit approval by the Zoning Administrator. (Amended January 6, 2011) F. Lighting (1) Display lighting of outdoor advertising signs shall be shielded so as to prevent the direction of such light into any structure used primarily for residential purposes. (2) No rotating, revolving or intermittent lighting devices shall be attached to or made a part of, any outdoor advertising sign. (3) See Article 6 Lighting for any additional lighting provisions. Nonconforming signs, which are destroyed or damaged by fifty (50) percent or more of their value shall not be rebuilt or repaired except in conformance with this Ordinance. G. The structural support methods for each such sign shall meet the wind loading design requirements as stated in the state building code. If at any time the North Carolina Department of Transportation standards for outdoor advertising are more stringent or restrictive than this article, it is the responsibility of the sign owner to ensure compliance with state outdoor advertising regulations. (Amended January 6, 2011)

329 Part 9 Article 8 Zoning Chapter 4 Sign Regulations Ordinance Subdivision, Multifamily Development, and Manufactured Home Park Entrance Signs At any entrance to a residential subdivision, multifamily development, or manufactured home park, there may be not more than two (2) signs identifying such subdivision or development. A single side of any such sign shall not exceed thirty-two (32) square feet nor shall the total surface area of all such signs located at a single entrance exceed sixty-four (64) square feet. (Amended January 6, 2011) Unsafe and unlawful signs. If the zoning administrator Zoning Administrator shall find any sign to be unsafe or a menace to the public, he shall give written notice of such condition to the owner. Within fifteen days after receiving the notice, the owner shall take such action as needed to eliminate the unsafe or menacing condition. If the owner of the sign fails to correct the problem within the abovespecified time, the administrative officer (at the owner's expense) may order whatever actions that are necessary to correct the problem. Within thirty days after the termination of business at a particular location, the owner shall remove or eliminate all signs related to the terminated or relocated business. If the owner of the sign fails to remove the signs within the above specified time, the administrative officer at the owner's expense) may order whatever actions that are necessary to eliminate the sign. (Amended January 6, 2011) Town of Erwin Code of Ordinances 4-85

330 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance Permits. No person shall construct, erect, or otherwise maintain any sign except those signs specifically authorized herein, (except for those signs specified in these sign regulations not requiring permits) (except for directional and information signs; temporary real estate signs; memorial plaques, cornerstones, historical tablets, and similar signs; instructional signs; and temporary political signs) without first obtaining a permit from the administrative officer. In addition, no person shall construct or maintain any sign within 600 feet or the nearest edge of the right-of-way of the interstate or primary highway system without first obtaining a permit from the North Carolina Department of Transportation as required by the North Carolina General Statutes. (Amended January 6, 2011) Penalties (Amended January 6, 2011) Refer to Article 9 of this ordinance Sign area computation. (Amended January 6, 2011) The surface area of signs is computed by measuring the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertising copy area (excluding architectural trim and structural embellishments). In computing the area only one (1) side of a double-face sign structure shall be considered. The surface area of signs with three (3) or more sides is measured as the sum of the areas of any two (2) adjacent sides Nonconforming signs. (Amended January 6, 2011) Any sign in use at the time of the adoption of this Ordinance, which does not comply with the provisions of this Ordinance, shall be deemed to be nonconforming. Whenever any nonconforming sign or part thereof is altered, replaced, converted, or changed, the entire sign must immediately comply with the provisions of this Ordinance. However, nothing in this section shall prevent the ordering maintenance and/or repair of a nonconforming sign. Nonconforming signs, which are destroyed or damaged by fifty (50) percent or more of their value shall not be rebuilt or repaired except in conformance with this Ordinance Town of Erwin Code of Ordinances 4-86

331 Part 9 Chapter 4 Article 8 Sign Regulations Zoning Ordinance Sign conformance schedule. It shall be unlawful for any person to erect or place any sign which does not conform to the requirements of this ordinance. All such signs existing on the effective date of this ordinance (unless otherwise specified) which do not conform to the requirements set forth herein shall be removed or brought into compliance within five (5) years from the effective date of this ordinance, The administrative official may give the owner of the property on which the sign is located and/or the owner of the sign notice of such violation by registered or certified mail. If mail is unclaimed or owner cannot be ascertained, notice of violation may be given by leaving a copy of such notice at owner's place of business or by fixing a copy or such notice to the sign or building. Notice shall contain a brief statement as to violation and manner in which such violation may be remedied. Cost in correcting or removing a sign in violation may be remedied. Cost in correcting or removing a sign in violation of this ordinance shall be at the expense of the owner. (Amended January 6, 2011) through reserved. Town of Erwin Code of Ordinances 4-87

332 Part 9 Chapter 4 Article 9 Zoning Administration & Enforcement Ordinance Administration and enforcement Application No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this Ordinance Administrative official. The Town Manager shall appoint an Administrative Official to enforce the provisions of this Ordinance. The Administrative Official will keep records of all variances and amendments to this ordinance. The assistance of such other persons may be provided as the Town Board may direct. If the Administrative Official shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of such violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violations of its provisions Certificate of zoning compliance and building permit required. No land shall be used or occupied and no building hereafter erected, structurally altered, or moved or its use changed until a Certificate of Zoning Compliance shall be issued by the Administrative Official, except in conformity with the provisions of this Ordinance or except after written order from the Board of Adjustment. A Building Permit cannot be issued by the Building Inspector unless zoning compliance is certified. Town of Erwin Code of Ordinances 4-88

333 Part 9 Chapter 4 Article 9 Zoning Administration & Enforcement Ordinance A record of all certificates shall be kept on file in the office of the Administrative Official and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land involved Application procedures. Each application for a Certificate of Zoning Compliance shall be accompanied by two (2) sets of plans drawn to an engineering scale, one (1) of which shall be returned to the applicant upon approval. The plan shall show the following: 1. The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted; 2. The location of said lot with respect to adjacent rights-of- way; 3. The shape, dimensions, and location of all buildings, existing and proposed, on the said lot; 4. The nature of the proposed use of the building or land, including the extent and location of the use, on the said lot; 5. The location and dimensions of off-street parking and loading space and the means of ingress and egress to such space; 6. For building construction, the percent of surface that will be built-upon; 7. Approximate location of Town water and sewer lines, if said lot is adjacent to them; and 8. Any other information, which the Administrative Official may deem necessary for consideration in enforcing the provisions of this Ordinance. A fee, set by the Town Board, shall be charged for the processing of such application. The adopted fee schedule shall be posted in the Town Clerk's Office. Town of Erwin Code of Ordinances 4-89

334 Part 9 Chapter 4 Article 9 Zoning Administration & Enforcement Ordinance Public water & sewer service required within the municipal limits. Any lot within the municipal limits not connected to the Town water and sewer service shall be required to connect the principal structure of said lot to the Town water and sewer system before a certificate of zoning compliance will be issued, unless the applicant has applied for such services in writing, and the Town has, within 30 days of the receipt of such written request for services, not given a written commitment to the applicant to have such services to the lot within 180 days of the original application. A fee, set by the Town Board, shall be charged to the applicant for connecting to the Town system. The adopted connection fee schedule shall be posted in the Town Clerk's Office Temporary certificate of zoning compliance. The Administrative Official may issue a temporary Certificate of Zoning Compliance for rallies, carnivals, religious revivals, and similar temporary uses. Such certificates shall be issued for a fixed period of time, but not to exceed fifteen (15) days, shall be subject to such limitations as the Administrative Official may impose to protect the character of the district affected, and may be considered for reapplication. A fee set by the Town Board shall be charged for the processing of such application. The adopted fee schedule shall be posted in the Town Clerk s Office Right of appeal. If the Certificate of Zoning Compliance is denied, the applicant may appeal the action of the Administrative Official to the Board of Adjustment; and that from the decision of the Board of Adjustment, recourse shall be had to courts as provided by law. It is further the intention of this Ordinance that the duties of the Town Board in connection with the Ordinance shall not include the hearing and passing upon disputed questions that may arise in connection with the enforcement thereof, but that the procedure for determining such questions shall be as herein set out in the Ordinance, and that the duties of the Town Board in connection with this Ordinance Town of Erwin Code of Ordinances 4-90

335 Part 9 Chapter 4 Article 9 Zoning Administration & Enforcement Ordinance shall be only the duty of considering and passing upon any proposed conditional use, amendment, or repeal of the Ordinance as provided by law Penalty (Adopted March 7, 2013) The Administrator shall be authorized to use any one (1) or more of the methods described in this Section, or action authorized by law, to insure compliance with or to prevent a violation of the provisions of this Ordinance Civil Penalties (Adopted March 7, 2013) Any person(s), corporation(s), LLC(s), or other entities, who violate any provision of this Ordinance may be subject to assessment of the maximum civil penalty of up to five hundred dollars ($500.00) per violation Civil Citations (Adopted March 7, 2013) A civil citation shall be issued by the Administrator of the Town of Erwin Planning Department to any person(s), corporation(s), LLC(s), or other entities, failing to take corrective action according to and within the specific compliance period ordered by the Administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of one hundred dollars ($100.00) per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person(s), corporation(s), LLC(s), or other entities to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the Court Citation Content A citation issued for a violation of this ordinance shall, among other things: E. State upon its face the amount of the penalty for the specific violation if the penalty is paid within 15 days from and after issuance of the citation; F. Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the Court; G. Further Provide that the offender may answer the citation by mailing the citation and the stated penalty to Post Office Box 459, Erwin, North Carolina, 28339, or may pay the amount in person at the Town of Erwin; and/or H. It shall further state that a citation which follows the original notice of violation may be appealed to the Board of Adjustment Settlement of Civil Claims The Town of Erwin is authorized to accept payment in full and final settlement of the claim(s), rights or rights of action which the Town may have to enforce such penalty by civil action in the nature of debt. Acceptance of a penalty shall be deemed a full and final release of any and all claims, or right of action arising out of contended violations, only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful Criminal Prosecution Violations of this Ordinance shall constitute a misdemeanor or infraction penalty and are punishable as provided in NC Gen. Stats. 14-4(b) and the maximum fine, term of imprisonment or infraction penalty allowed by law is hereby authorized Injunction Enforcement may also be achieved by injunction. When a violation occurs the Town may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property. Town of Erwin Code of Ordinances 4-91

336 Part 9 Chapter 4 Article 9 Zoning Administration & Enforcement Ordinance Order of Abatement The Town may apply for and the Court may enter an order of abatement. An order of abatement may direct: D. The buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other moveable property be removed; E. That improvements or repairs be made; or F. That any other action be taken that is necessary to bring property into compliance with this Ordinance. Whenever the party is cited for contempt by the Court and the Town has executed the order of abatement the Town shall have a lien, in the nature of a mechanic s and material man s on the property for the cost of executing the order of abatement Right of Appeal Any person aggrieved by the notice of violation has 30 days to appeal the action of the Administrator to the Board of Adjustment. Beyond the decision of the Board of Adjustment, recourse shall be to the Courts as provided by law Complaints regarding violations. When a violation of this Ordinance occurs or is alleged to have occurred, a person shall file a written complaint with the administrative official and shall state fully the cause and basis thereof. He shall record properly such complaint, investigate within ten (10) days, and take action as provided in these regulations Cancellation of permits. The Administrative Official, through the Town of Erwin Inspections department, shall cancel a building or occupancy permit when the method of construction or use violates any provisions contained in these regulations through reserved. Town of Erwin Code of Ordinances 4-92

337 Part 9 Chapter 4 Article 10 Board of Adjustment Zoning Ordinance Board of adjustment Creating the Board of Adjustment. Establishment: A Planning/Board of Adjustment is hereby established consisting of eight (8) members. Six (6) members of the Board of Adjustments shall reside within the corporate limits of Erwin, while the remaining two members must come from the Erwin extraterritorial jurisdiction. It is preferred but not a requirement that each of these members have some type of prior experience in the area of zoning and land use planning while possessing the ability to interpret the regulations governing the Town and its planning jurisdiction concerning the issues of zoning and land use legislation on the local level. Members of the Planning/Board of Adjustment shall attend all applicable training schools, seminars, or workshops, which are sponsored or provided by the Town. Annual continuing education classes will also be scheduled, and Planning/Board of Adjustment members shall attend these workshops. Planning/Board of Adjustments members may be excused for absences from these schools whenever family emergencies, work, etc. make it impossible to attend in these cases, alternative make up arrangements will be made to provide for the required schooling. Failure on the part of a Planning/Board of Adjustment member to attend the education and training classes offered by the Town and failure to make up the required class(s) will make the affected member ineligible to serve on the Planning/Board of Adjustment. The final determination of eligibility status, as it pertains to these education requirements, will be determined by the Erwin Town Board. Expenses associated with these schools, seminars, or workshops such as meals, travel expenses, registration fees, etc, shall be paid for by the Town of Erwin. (Adopted 2 April 1998) Town of Erwin Code of Ordinances 4-93

338 Part 9 Chapter 4 Article 10 Board of Adjustment Zoning Ordinance Appointment: a. Initial appointment of members shall be as follows: Members shall serve a term of three (3) years. Following the appointment of a member or members to the Planning/Board of Adjustment and, after the required training has been completed; the new member or members shall take an oath stating their commitment to uphold the zoning laws which the Planning/Board of Adjustment is authorized to interpret b. Board members may be appointed to succeed themselves once. Expenses: Members of the Board of Adjustments shall be compensated at a rate of $25 per meeting, excluding training sessions. Members failing to attend an official meeting will not receive compensation when absent. Members of the Board of Adjustment may be reimbursed by the Town for expenses incurred while representing the Board. Rules of procedure and officers: The Board of Adjustments shall elect one of the members as Chairperson and another as Vice Chairperson and shall appoint a secretary to keep minutes of its proceedings. The Board shall adopt from time to time rules and regulations as it may deem necessary to carry into affect the provisions of this section. Voting: A concurring vote of the four-fifths (4/5) majority of the Board shall be necessary to reverse: any order, requirement, decision or determination of the administrative official or to grant a variance from the provisions of this ordinance. Town of Erwin Code of Ordinances 4-94

339 Part 9 Chapter 4 Article 10 Board of Adjustment Zoning Ordinance Powers and duties. The Board of Adjustment shall have the following powers and duties: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance. 2. To authorize upon appeal in specific cases variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in undue hardship, so that the spirit of this ordinance shall be observed and substantial justice done. A charge shall be made to the appellant according to town policy in order to cover administrative and advertising costs (Subsection (d)). exist: A public hearing shall be held at which all of the following conditions must be found to a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures in the same district. b. Granting the variance the requested will not confer upon the applicant any special privileges denied to other residents of the district in which the property is located. c. A literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly enjoyed by other residence of the district in which the property is located. d. The requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare. e. The special circumstances are not the result of the actions of the applicant. f. The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure. Town of Erwin Code of Ordinances 4-95

340 Part 9 Chapter 4 Article 10 Board of Adjustment Zoning Ordinance In considering all proposed variances from this ordinance the Board shall, before making any finding in a specified case, first determine that the proposed variance will not constitute any change in the zone shown on the zoning map and will not impair an adequate supply of light and air to adjacent property, or materially increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals, and general welfare. No permitted use of land in other districts shall be considered grounds for the issuance of a variance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any expressly or by implication prohibited by the terms of this ordinance in said district. In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this ordinance. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance Filing and notice for an appeal. 1. Appeals for the enforcement and interpretation of this ordinance, and requests for variances, shall be filed with the administrative official specifying the grounds thereof, within the times prescribed by the Board of Adjustment by general rule after the decision of Zoning Administrator. The administrative official shall transmit to the Board of Adjustment all applications and records pertaining to such appeals and variances. 2. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving notice to all participants by registered mail. The Board of Adjustment shall hear the case and make a judgment. The judgment may be favorable to the applicant, or it may be unfavorable to the applicant, in which case he/she is left with three (3) options: Option #1: Drop the case. Option #2: Drop the case, change the request, and reapply. Option #3: Appeal to the courts. Town of Erwin Code of Ordinances 4-96

341 Part 9 Chapter 4 Article 10 Board of Adjustment Zoning Ordinance 3. An appeal stays all proceedings in furtherance of the action appealed from unless the administrative official certifies to the Board Of Adjustment that by reason of facts stated in the record a stay, would in his opinion, cause imminent peril to life and property, in which case proceedings shall be stayed otherwise than by an order from the County Superior Court. Appeals shall be made within thirty (30) days of the date a decision is rendered by the Board of Adjustment. 4. In all cases the Board of Commissioners reserves the right to appeal any decision of the Board of Adjustment to the courts Fees for variances or appeals. The Board of Commissioners shall set a fee, payable to the Town, to cover the necessary administrative costs and advertising of each application for a variance or appeal. The set fee shall be posted in the Town Clerk's office through reserved. Town of Erwin Code of Ordinances 4-97

342 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance Conditional Uses Purpose. The development and execution of this Ordinance is based upon the division of the town into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, is substantially uniform. It is recognized, however, that there are certain uses which, because of their characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular location. Such conditional uses fall into two categories: 1. Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character, but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities Application for conditional use. Initiation of Conditional Use Any person having freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this Ordinance in the zoning district in which the land is located. Application for Conditional Use Permits Application for the Conditional Use Permit, signed by the applicant, shall be addressed to the Board of Commissioners and presented to the Administrative Official. Each application Town of Erwin Code of Ordinances 4-98

343 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and existing conditions. The application shall be forwarded to the Board of Commissioners and the Administrative Official shall notify the Chairman of the Planning Board of the application. Fee The Board of Commissioners shall set a fee, payable to the Town of Erwin, North Carolina, to cover the necessary administrative costs and advertising of each application for a conditional use permit. The set fee shall be posted in the Town Clerk's Office Public hearing. The mayor shall schedule a public hearing on the application for a conditional use permit to be held within sixty (60) days after the application is filed. Public notice of the hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the public hearing. The Administrative Official shall also post notice on the property involved for a period of one week prior to the hearing Action by the planning board. The Planning Board shall review the application prior to the public hearing and shall present its recommendations to the Board of Commissioners at the public hearing. The Planning Board may revise its recommendations following the public hearing and present such recommendations to the Board of Commissioners before the Board of Commissioners takes action Action by the Board of Commissioners. Town of Erwin Code of Ordinances 4-99

344 Part 9 Chapter 4 Article 11 Conditional Uses The Board of Commissioners shall approve, modify or deny the application for Zoning Ordinance Conditional Use Permit following the public hearing. In granting a Conditional Use Permit the Board of Commissioners shall make written findings that the applicable regulations of the district in which it is located are fulfilled. With due regard to the nature and state of all adjacent structures and uses, the district within which same is located, and official plans for future development, the Board of Commissioners shall also make written findings that the following provisions are fulfilled: 1. The use requested is listed among the conditional uses in the district for which application is made; 2. The requested use is essential or desirable to the public convenience or welfare; 3. The requested use will not impair the integrity or character of the surroundings or adjoining districts, nor be detrimental to the health, morals, or welfare; 4. The requested use will be in conformity with the Land Development Plan; 5. Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided; 6. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners pursuant to the recommendations of the Planning Board Conditions and guarantees. Prior to the granting of any conditional use, the Planning Board may recommend, and the Board of Commissioners may stipulate, such conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of the conditional use as it is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in above. In all cases in which conditional uses are granted, the Board of Commissioners shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Town of Erwin Code of Ordinances 4-100

345 Part 9 Chapter 4 Article 11 Conditional Uses 1. Such conditions may include a time limitation; Zoning Ordinance 2. Conditions may be imposed which require that one or more things be done before the use requested can be initiated. (For example, "that a solid board fence be erected around the site to a height of 6 feet before the use requested is initiated"); 3. Conditions of a continuing nature may be imposed. (For example, "exterior loud speakers shall not be used between hours of 10:00 p.m. and 9:00 a.m.") General provisions in granting conditional use permits. Compliance with Other Codes: Granting of a Conditional Use Permit does not exempt applicant from complying with all of the requirements of building codes and other ordinances. Revocation: In any case where the conditions of a Conditional Use Permit have not been or are not being complied with, the Building Inspector shall give the permitted notice of intention to revoke such permit at least ten (10) days prior to a Board of Commissions review thereof. After conclusion of the review, the Board of Commissioners may revoke such permit. Expiration: In any case where a Conditional Use Permit has not been exercised within the time limit set by the Board of Commissioners, or within one year if no specific time limit has been set, then without further action, the permit shall be null and void. "Exercised" as set forth in this section shall mean that binding contracts for the construction of the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that pre-requisite conditions involving substantial investment are contracted for, in substantial development, or completed (sewerage, drainage, etc.). When construction is not a part of the use, "exercised" shall mean that the use is in operation in compliance with the conditions set forth in the permit. Duration: Duration of a conditional use and any conditions attached shall be perpetually binding to the property unless it is expressly limited. Town of Erwin Code of Ordinances 4-101

346 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance Conditions for planned unit developments, condominiums and town homes. (1) Approved by: Conditional use permits for planned unit developments, condominiums, and town homes shall be approved by the Town Commissioners. The same conditions for planned unit developments also apply to condominium and town home developments. (2) Permitted districts and uses: The intent of the planned unit development regulations is to permit greater flexibility and, consequently, more creative and imaginative design for the development of residential areas than generally is possible under conventional zoning regulations. It is further intended that such regulations should achieve the following objectives: a. To preserve to the greatest extent possible the existing features and amenities and to utilize such features in a harmonious fashion; b. To provide for more usable and suitably located recreation facilities and other public and common facilities that would otherwise be provided under conventional land development procedures; c. To combine and coordinate architectural styles, building forms and building relationships within the planned unit developments; and d. To insure a quality of construction commensurate with other developments within the town. Town of Erwin Code of Ordinances 4-102

347 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance Planned unit developments are conditional uses in the R-10 and R-6 Zoning Districts. Those uses set forth in the Zoning Ordinance for the district in which the planned unit development is to be located shall be permitted with the following exceptions: a. Open space reservations may be considered for building density increases. b. Permitted types of dwelling units may include single-family detached, semidetached, attached dwellings and two-family and multi-family dwellings in the R-10 and R-6 Zoning Districts. c. Condominium, Town home, cooperative, individual, municipal or other type of ownership is hereby permitted. Dimensional Requirements: Minimum lot area, width and setback requirements of the zoning district within which the planned unit development is located may be waived for individual dwelling units, provided that the spirit and intent of this section are complied with in the development plan, as determined by the Planning Board and Town Commissioners. Maximum Building Height: Thirty-five (35) feet and two and one-half (2 ½) stories. Site Development Standards: standards: All planned unit developments shall conform to the following site development Town of Erwin Code of Ordinances 4-103

348 Part 9 Chapter 4 Article 11 Conditional Uses a. Density - Development area density shall be no greater than that normally Zoning Ordinance permitted for the zoning district in which the planned unit development is located, except as provided under the bonus provisions. Development area density shall be computed by subtracting sixteen percent (16%) of the gross area (as allowance for street rights-of-way and private drives), plus areas designated for nonresidential purposes (such as schools, churches, etc.) from the gross area, and dividing the remaining area by the minimum conventional lot area requirements for the zoning district in which the development is located. Should the development fall into more than one zoning district, the density shall be the combined proportion of each district. A density bonus not to exceed twenty-five percent (25%) of the number of dwelling units permitted under the standard applicable zoning district regulations may be approved by the Town Commissioners in accordance with the following ratio of residential area to common open space. % of Residential Area to % of Residential Area to be Common Open % Density Bonus be Common Open % Density Bonus Space Space or more If the Planning Board and Town Commissioners find that any of the following conditions would be created by an increase in density, they may either deny and application for such increase or limit to increase in density by an amount sufficient to avoid the creation of those conditions: 1. Inconvenient or unsafe access to the development. 2. Traffic congestion in streets adjoining the development. 3. An excessive burden imposed on parks, recreational areas, schools, or other public facilities, which serve or are proposed to serve the development. Town of Erwin Code of Ordinances 4-104

349 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance b. Common Open Space - Common open space is a parcel or parcels of land reserved primarily for the leisure and recreation use of all the planned unit development residents buy may, in certain instances, serve a larger residential area. Such common open space shall be integrated throughout the project and made easily accessible to all the residents. Common open space shall comprise at least ten percent (10%) of the net development area of the planned unit development area shall be determined by subtracting sixteen percent (16%) of the gross area (as allowance for street rights-of-way and private drives), plus areas designated for nonresidential purposes (such as schools, churches, etc.) from the gross area. Common open space includes: 1. Land area of the site not covered by buildings, parking structures and areas, or accessory structures except recreational structures. 2. Land, which is accessible and available to all occupants of dwelling units for whose use the space in intended. Common open space does not include: 1. Public and/or private streets and street rights-of-way. 2. Open parking areas and driveways for dwellings. 3. Nonresidential areas, and the buildings, accessory buildings, parking and loading facilities for such areas. The Planning Board and Town Commissioners may determine that all or part of stream areas, bodies or water, and slopes in excess of fifteen percent (15%) may be included as open space. In making such determination, the Planning Board and Town Commissioners shall be guided by the following factors: 1. The extent of these areas in relation to the area of the planned residential development. 2. The degree to which these areas contribute to the quality, livability and amenity of the development. Town of Erwin Code of Ordinances 4-105

350 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance Common open space shall be used only for recreational (active or passive) purposes or for the preservation of natural amenities, which would add value to the planned unit development or the community as a whole. The recreational uses provided must be clearly of a nonprofit nature. However, this does not preclude a monetary charge for recreational purposes, such as a golf, swimming or tennis club, when such uses are primarily for the residents of the planned unit development. All common open space and other facilities including streets, access drives and offstreet parking areas must be shown on the development plan which must be recorded in the Harnett County Register of Deeds Office. All land shown on the development plan as common open space and other facilities, including streets, access drives and off-street parking areas must be conveyed under one of the following options: 1. It may be conveyed to the town of Erwin as municipally owned and maintained. Where areas are to be conveyed to the Town, such conveyance shall be subject to acceptance by the Town Commissioners 2. It may be conveyed to the trustees provided in an indenture establishing an association of homeowners. The common open space must be conveyed to the trustees subject to covenants and easements to be approved by the Planning Board and Town Commissioners which restrict the common open space to the uses specified on the development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. If the common open space is deeded to a homeowners association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for preliminary approval. The provisions shall include, but not be limited to, the following: 1. The homeowners association must be set up before the homes are sold. 2. Membership shall be mandatory for each homebuyer, and any successive buyer. 3. The open space restrictions must be permanent, not just for a period of years. Town of Erwin Code of Ordinances 4-106

351 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance 4. The association must be responsible for liability insurance, local taxes and the maintenance of common open spaces and other facilities, including private streets, access drives and off-street parking areas. 5. The homeowners must pay their pro rata share of the cost, and any assessments levied by the homeowners association that remain unpaid shall become a lien on the individual property. 6. The homeowner s association shall be able to adjust the assessment to meet change needs. c. Perimeter Standards - Structures located on the perimeter of a planned unit development must be set back in accordance with the provisions of the Zoning Ordinance controlling the area within which the planned unit development is situated. In addition, the perimeter of the planned unit development must be planned and developed in accordance with the character of any existing residential development located on adjoining property. To this end, the perimeter of the planned unit development must reflect the minimum conventional requirements for the zoning district in which the existing adjacent residential development is located. d. Nonresidential Development - The layout of parking areas, service areas, entrances, exits, yards, courts and landscaping of nonresidential uses, and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the residential character within the planned unit development and that of any adjoining residential district. Nonresidential uses shall be so located and designed as to provide direct access to major streets and highways without creating congestion or traffic hazards on any local residential street. e. Traffic Circulation - Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within planned unit developments shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. Town of Erwin Code of Ordinances 4-107

352 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance A part of every residential building shall not be farther than sixty (60) feet from an access roadway or drive providing vehicular access from a public street, and not farther than five hundred (500) feet, measured along the route of vehicular access, from a public street. The pedestrian circulation system and its related walkways shall be insulated completely and as reasonably as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed necessary by the Planning Board and Town Commissioners, pedestrian underpass or overpass in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses, which generate a considerable amount of pedestrian traffic. f. Parking Standards - Off-street parking and loading areas shall be provided in accordance with 8 of this Ordinance. In addition, the minimum requirements as set forth below shall govern the design of parking and loading areas: 1. All parking spaces shall have minimum dimensions of nine (9) feet in width and eighteen (18) feet in length. All access or backup aisles shall conform to the following dimensions: Parking Angle Aisle Dimensions 90º 24 feet 60º 18 feet 45º 14 feet 30º 12 feet 0º 12 feet areas. 2. Parking areas shall be arranged so as to prevent through traffic to other parking Town of Erwin Code of Ordinances 4-108

353 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance 3. Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, planting, earth berms, and changes in grade or walls. 4. No more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by landscaping. 5. All streets and any off-street parking and loading areas shall be paved, and the design thereof approved by the Planning Board and Town Commissioners. marked so as to provide for orderly and safe loading, parking and storage. All areas shall be 6. All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences. 7. All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences. 8. All parking areas shall be located at least ten (10) feet from any building or structure unless the building or structure is designed to provide sheltered parking areas for the convenience of the occupants. g. Street Design - Streets in a planned unit development may be dedicated to public use or retained under private ownership. They shall be constructed in accordance with standards required by the Town of Erwin, as amended, or as otherwise specified in the conditional use permit. The Planning Board may recommend, and the Town Commissioners may approve, modifications of the standards required by the Subdivision Regulations only if it is found that such standards are not required in the interest of the residents of the planned unit development and that the modifications of such standards are consistent with the interests of the entire community. h. Landscaping - In addition to any requirements imposed by this section, landscaping and buffers shall be provided in accordance with Article through of this Ordinance. i. Building Spacing Requirements - Each planned unit development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the enhancement and protection of property and the privacy of its occupants, screening of objectionable uses or views, and reduction of noise. In any event, the spacing between structures shall be at least 20 feet. Town of Erwin Code of Ordinances 4-109

354 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance Subdivision Coordination: It is the intent of this section that subdivision review under the Subdivision Ordinance be carried out simultaneously with the review of a planned unit development. The development plans for a planned unit development must be submitted in a form which will satisfy the requirements of the Subdivision Ordinance for preliminary and final plats. All condominium projects developed under the provisions of this section shall comply with the requirements of the Unit Ownership Act - Chapter 47A of the General Statutes of North Carolina. Utility Requirements: Storm sewers for all planned unit developments shall be approved by the Director of Public Works and shall be designed by a registered engineer or registered surveyor. Sanitary sewer and water systems shall be approved by the Director of Public Works and shall be designed by a registered engineer. Storm sewers, sanitary sewers and water systems shall be installed in accordance with Town specifications and standards. Should private water and sewerage systems be provided, such shall meet the requirements of 4.7 of this Ordinance. Where utilities are to be dedicated to the Town, as-built drawings of the facilities shall be presented to the Town upon completion. Electric, cablevision and telephone wires shall be installed underground in all planned unit developments except that the Town Commissioners, upon recommendation of the planning Board, may waive this requirement in cases where the Council shall determine that the installation of underground service will result in practical difficulty or hardship. Approval Procedures: An application for approval of a planned unit development may be filed by a person having an interest in the property to be included in the development. However the applications Town of Erwin Code of Ordinances 4-110

355 Part 9 Chapter 4 Article 11 Conditional Uses may be filed by holder(s) of an equitable interest in such property. Zoning Ordinance The applicant, in any case, shall evidence a full ownership interest in the land (by legal title or the execution of a binding sales agreement) before final approval of the plan, and provided further, the project shall be in single ownership by the time the development plan is approved. When the property on which a planned residential development is to be constructed or developed is owned by or under the control of a corporation, the names and addresses of all officers of the corporation shall be submitted as part of the initial application. Before submitting any planned residential development applications, each applicant shall confer with the Administrative Official in connection with the preparation of the application. The general outlines of the proposal evidenced schematically by sketch plans, are to be considered before submission of the planned residential development application. Thereafter, the Administrative Official shall furnish the applicant with his written comments regarding such conference including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the planned residential development application. Following the pre-application conference, the applicant shall be governed by the procedures contained in of this Ordinance. Following approval of the planned unit development by the Planning Board and Town Commissioners, minor changes may be authorized by the Administrative Official without additional public hearings if required by engineering or other circumstances not foreseen at the time the plan was approved. No change authorized by this subsection may cause any of the following: A change in the use or character of the development. An increase in overall coverage of structure. An increase in the intensity of use. An increase in the problems of traffic circulation and public utilities. A reduction in approved open space. A reduction of off-street parking and loading space. A reduction in required pavement width. A change in the location of buildings as shown on the development plan. Town of Erwin Code of Ordinances 4-111

356 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance The Planning Board may recommend and the Town Commissioners may impose as a condition of approval, a time schedule within which the construction of the planned unit development shall commence. In no event, shall the time so established be greater than six (6) months. If no development has occurred pursuant to the approved time schedule, the conditional use permit shall thereupon become void and of no effect. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the conditional use permit. Submission Requirements: Each applicant shall submit the following written documents to the Administrative Official and Town Attorney for their review and approval. a. A legal description of the total site proposed for development, including a statement of the present and proposed ownership and present and proposed zoning. The description shall also include a list of the names and addresses of all owners of adjacent property. b. A statement of planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. c. A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed. d. Quantitative data for the following: total number and type of dwelling units, parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total Town of Erwin Code of Ordinances 4-112

357 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance amount of nonresidential construction; economic feasibility studies or market analysis where necessary. e. The proposed protective covenants whereby the owner proposes to regulate the land use in the proposed developments. f. The incorporation agreement and the by-laws or easement declarations concerning the maintenance of common open spaces and other facilities, including private streets, access drives and off-street parking areas. Each applicant shall also provide a site plan drawn at a scale of at least one (1) inch equals fifty (50) feet and showing the following information: a. The existing site conditions including contours at five (5) foot intervals, watercourses, flood plains, unique natural features, and forest cover. b. Proposed lot lines and plot designs. c. The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and nonresidential structures. d. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common spaces, public parks, recreational areas, school sites, and similar public and semi-public uses. e. The existing and proposed circulation system of streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership - public or private should be included where appropriate. f. The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system indicating proposed treatments of points of conflict. g. The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas and telephone lines. h. A general landscape plan indicating the treatment of materials used for public, private and common open space. i. Enough information on land areas adjacent to the proposed planned unit development to indicate the relationships between the proposed adjacent areas, including land Town of Erwin Code of Ordinances 4-113

358 Part 9 Chapter 4 Article 11 Conditional Uses Zoning Ordinance uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape. j. The proposed treatment of the perimeter of the planned unit development, including materials and techniques used such as screens, fences, and walls. The required site plan shall be prepared by a licensed architect, landscape architect, professional land planning consultant, or registered surveyor. Each applicant shall provide building plans prepared by a licensed architect and drawn at a scale of at least one-eight (1/8) inch equals one (1) foot which shall show the following: a. Floor plans of each proposed dwelling unit type showing the dimensions and use of each room within. b. Detailed elevations of each proposed dwelling unit type showing the nature and extent of building materials to be used in the construction of said units through Reserved. Town of Erwin Code of Ordinances 4-114

359 Part 9 Chapter 4 Article 12 Changes & Amendments Zoning Ordinance Changes and amendments. The Board of Commissioners may change the text regulations and zoning district lines according to the following procedures Action by the applicant. The following actions shall be taken by the applicant: Initiation of Amendments: Proposed changes or amendments may be initiated by the Board of Commissioners, Planning Board, Board of Adjustment, or by the owner(s), or their agent, of property within the area proposed to be changed. Application: Application for any change or amendment shall be filed with the Administrative Official at least twenty-five (25) days prior to the Planning Board meeting at which the application is to be considered. The application shall contain a description of the proposed amendment and the names and addresses of property owners directly effected by the proposed change. Fee: The Board of Commissioners shall set a fee payable to the Town of Erwin, North Carolina, to cover the necessary administrative costs and advertising of each application for a change or amendment. The set fee shall be posted in the Town Clerk's Office. Notice of Public Hearing Letters: When a change in the zoning classification of a piece of property is requested, the applicant shall provide to the Administrative Official a list of names and addresses, as obtained from the county tax listings and tax abstracts of all adjacent property owners, and all owners of property within the area under consideration for rezoning. The list shall be submitted at least eight (8) working days prior to the public hearing. The Zoning Administrator shall then mail notices of the public hearing to each person on the list and shall certify that fact to the Board of Commissioners. Such certification shall be deemed conclusive in the absence of fraud. Town of Erwin Code of Ordinances 4-115

360 Part 9 Chapter Action by the board. Article 12 Changes & Amendments Zoning Ordinance The Planning Board shall consider and make recommendations to the Board of Commissioners concerning each proposed zoning amendment. The following policy guidelines shall be followed by the Planning Board concerning zoning amendments and no proposed zoning amendment will receive favorable recommendation unless: The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. The proposed change is in accord with the Land Development Plan and sound planning principles Action by the Board of Commissioners. Notice and Public Hearing: No amendment shall be adopted by the Board of Commissioners until after public notice and hearing. Notice of a public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the Town of Erwin, said notice to be published the first time not less than ten (10) days nor more than twenty-five (25) days prior to the date fixed for said hearing. In addition to the newspaper notice, notice shall also be made by posting the property concerned with a poster indicating the proposed change and date of hearing when the application is for a change to a district boundary. Refer to GS 160A-84 for expanded public notice options. Town of Erwin Code of Ordinances 4-116

361 Part 9 Chapter 4 Article 12 Changes & Amendments Zoning Ordinance Board of commissioner s action: Before taking such lawful action, as it may deem advisable, the Town Board shall consider the Planning Board's recommendation on each proposed zoning amendment. If no recommendation is received from the Planning Board within thirty (30) days after public hearing by the Town Board, the proposed amendment shall be deemed to have been approved by the Planning Board. Protests: 1. In case, however, of a protest against such change signed by the owners of twenty percent (20%) or more (either of the area of the lots included in such proposed change or of those immediately adjacent thereto, either in the rear thereof or on either side thereof, extending one hundred feet from those directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite lots), such amendment shall not become effective except by favorable vote of three-fourths (3/4) of all the members of the Town Board. 2. No protest petition shall be valid unless it is. a. Written on a form furnished by the Town; b. Bears the actual signatures of the requisite number of property owners and states that they protest the proposed amendment; and is received by the Municipal Clerk in time to allow at least two (2) normal working days (excluding weekends and legal holidays) prior to the public hearing on the amendment, so as to allow time for municipal personnel to check the accuracy and sufficiency of the petition. c. Reconsideration; one-year limitation. Whenever an application requesting an amendment has been acted on and denied by the Planning Board and the Town Board, such application, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial through reserved. Town of Erwin Code of Ordinances 4-117

362 Part 9 Chapter 4 Chapter 6 Table of Contents Public Water Supply Watershed Protection Watershed overlay district Definitions Watershed classification (Overlay district). ARTICLE A General requirements Watershed and drainage way buffers. Public Water Supply Setback from buffer. Watershed Protection Existing development Administration Changes and amendments Variances. ess 6-1 Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce

363 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection Watershed Overlay District It is the purpose of this article to implement the provisions of the Water Supply Watershed Protection Act (N.C. G.S ) within the zoning jurisdiction of the Town of Erwin. The provision of this article are applicable to all property located within the designated water supply watershed as shown on the official zoning map of the Town and shall be in addition to all other requirements of the zoning ordinance. Whenever there is a conflict between this article and a provision of the zoning ordinance, the stricter requirement shall apply Definitions. The following definitions apply only to enforcement to enforcement of this article: Agriculture Use. The use of waters for stock watering, irrigation, and other farm purposes. Best Management Practices (BMP). A structural or non-structural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals. Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the run off and filtering of pollutants. The buffer is measured landward from the flood pool elevation of impounded structures and from the bank of each side of streams or rivers. Built Upon Area. Built upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas recreation facilities, etc. Critical Area. That portion of the protective watershed that lies within one half mile of a surface water intake Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-2

364 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection Curb Outlet System. Curb and gutter installed in a development which meets the low density criteria of this ordinance with breaks in the curb used to direct stormwater runoff to grass swales or other natural or vegetated area. Development. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. Existing Development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of this article based on at least one of the following criteria: 1) substantial expenditures or resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or 2) having an outstanding valid building permit as authorized by the General Statutes (G.S. 160A-385.1), or 3) having an approved site specific or phased development plan as authorized by the General Statutes (G.S. 160A ) 4) having a subdivision plat recorded in the office of the Register of Deeds prior to the adoption of this ordinance. Major Variance. A variance from the minimum statewide watershed protection rules that results in the relaxation, by a factor greater that five (5%) percent of any buffer, density or built-upon area requirement; or relaxation by a factor greater that ten (10%) percent of any management requirement under the low-density option. Minor Variance. A variance from the minimum statewide watershed protection rules that results in the relaxation, by a factor of up to five (5%) percent of any buffer; or the relaxation by a factor of up to ten (I 0%) percent of any management requirement under the low-density option. Non-residential Development. All development other than residential development, and agricultural. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-3

365 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection Residential Development. Buildings for residence such as detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations. Variance. A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this ordinance. Water Dependent Structure, Any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. Watershed. The entire land area contributing surface drainage to a specific point (the water supply intake) Watershed Classification (Overlay District). (1) WS-IV Critical Area Watershed Overlay District: In order to maintain a low to moderate land use intensity pattern, development activities must be limited to a single family detached dwelling with maximum of two (2) single family detached dwelling units per acre or a 20, 000 square foot lot excluding road frontage on a project by project basis (provided that underlying zoning regulations permit such development) General requirements. All development shall, to the maximum extent practicable, minimize impervious or partially pervious surface coverage, direct stormwater away from surface water, incorporate Best Management Practices (BMP's) to minimize water quality impacts, and transport stormwater runoff from the development by vegetated conveyances. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-4

366 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection Watershed and Drainageway Buffers. (a) Purpose. Watershed and drainageway buffers provide strips of natural vegetation that serve to remove pollutants from stormwater runoff before they can reach a water supply source, or a watercourse that drains to the water supply source. They do so by allowing infiltration of runoff and filtration of pollutants through the ground and soil, slowing down runoff flow to allow settling and deposition of pollutants, and providing vegetation that absorbs pollutants through the roots. The provision of vegetated, undisturbed buffers within water supply watersheds, therefore, serves as an important and effective method of maintaining the quality of public water supply sources and protecting those sources from the potential polluting activities associated with development within the watershed. (b) Required Watershed Buffers. 1) 100-foot-wide watershed buffers shall be maintained around water supply impoundments or intakes, measured perpendicular to the shoreline of the water supply impoundment. Watershed buffers shall extend one hundred (100) feet from the flood pool elevation of the water supply impoundment, inside the watershed draining into that impoundment. 2) 50-foot-wide watershed buffers shall be maintained around water impoundments or intakes, other than water supply impoundments or intakes, with a drainage area of twenty-five (25) or more acres. Watershed buffers shall be measured perpendicular to the shoreline and shall extend fifty (50) feet from the normal pool elevation of the water impoundment, inside the watershed draining into that impoundment. 3) 50-foot-wide watershed buffers shall be maintained on each side of a stream that as a perennial stream on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or has a drainage of twenty-five (25) or more acres. Watershed buffers shall be measured perpendicular to the stream bank, and shall extend fifty (50) feet on each side from the stream bank, inside the watershed draining into the stream. (c) Required Drainage way Buffers. 1) 35-foot-wide drainage way buffers shall be maintained along each side of a watercourse, channel, ditch, or similar physiographic feature draining at least five (5) acres, but less than twenty-five (25) acres. Buffers shall be measured perpendicular to the drainage way and shall extend thirty (30) feet on each side of the natural drainage flow line, inside the drainage area of the drainage way. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-5

367 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection 2) 30-foot-wide drainage way buffers shall be maintained around water impoundments or intakes draining at least five (5) acres, but less than twenty-five (25) acres. Buffers shall be measured perpendicular to the shoreline and shall extend thirty (30) feet from the normal pool elevation of the water impoundment, inside the watershed draining into that impoundment. (d) Use and Development of Buffers. Vegetation within watershed and drainage way buffers shall remain undisturbed except as may be necessary t accommodate any of the following uses: 1) Water dependent structures. 2) Public projects such as road crossings, greenways, utility or drainage facilities, and erosion control measures, subject to the following: a) Such public projects are permitted in watershed buffers only if no practical alternative to their use and location within the buffer exists and they maximize the use of Best Management Practices (BMP's) to minimize water quality impacts. b) Where a road or other ground disturbing public project is to cross a buffer, it shall cross the buffer at an angle as close to ninety (90) degrees as practicable. c) Where a greenway is to be located within a buffer, any pedestrian path within It shall be set back at least ten (10) feet from the edge of the impoundment, stream, or drainage way, and shall not exceed a width of ten (10) feet Setback from buffer. All buildings shall be set back a minimum of twenty (20) feet from the edge of any drainage way or watershed buffer. Where the setback from a buffer area results in a greater setback from a building lot line than that required elsewhere in , the requirements of the Paragraph shall control Existing development. Any existing development as defined in this ordinance may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of this article and other applicable sections of this Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-6

368 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection ordinance. Any existing building or built upon area not in conformance with the restrictions of this article that has been damaged or removed may be repaired and/or reconstructed, provided the total amount of space devoted to built upon area may not be increased unless storm water control that equals or exceeds the previous development is provided However, these restrictions do no apply to existing single-family residential development Administration. It shall be the duty of the Zoning Administrator to administer and enforce the provisions of this section as follows: (1) The Zoning shall issue Watershed Protection Permits for all applicable development within the Watershed Overlay District A record of all permits shall be kept on file and shall be available for public inspection. (2) The Zoning Administrator shall keep records of all amendments to the Watershed Overlay District section of this ordinance and shall provide copies of all amendments to the Division of Water Quality receiving a variance and the reasons for granting (3) The Zoning Administrator shall keep a record of variances in the Watershed Overlay District section of this ordinance. This record shall be submitted to the Division of Water Quality on an annual basis by January 1, and shall provide a description of each project granted the variance Changes and Amendments. (1) The Erwin Board of Commissioners on its own motion or petition, may amend, supplement, change or modify the watershed regulations and restrictions as described in this article. (2) Under no circumstance shall the Town Commissioners adopt such amendments, supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the Division of Water Quality. All amendments must be filed with the Division of Water Quality. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-7

369 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection Variances. (1) Variances to this article maybe granted under procedures outlined in Article X of the Zoning Ordinance. (2) Requests for variances shall be reviewed and considered by the Erwin Board of Adjustment If the application calls for the granting of a major variance, and if the Zoning Board of Adjustment decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed The preliminary record of the hewing shall include: the variance application the heating notices the evidence presented motions, offer of proof, objections to evidence, and rulings on them proposed findings and exceptions; and the proposed decision, including all conditions proposed to be added to the permit. The preliminary record shall be sent to the Division of Water Quality for its review as follows: (a) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that 1) the property owner can secure no reasonable return from, nor make an practical use of the y property unless the proposed valiance is granted, and 2) the valiance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the valiance as proposed or approve the proposed valiance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Zoning Board of Adjustment If the Commission approves the valiance with conditions and stipulations, the board shall prepare a final decision, including suck conditions and stipulations, granting the proposed variance. (b) If the Commission concludes from the preliminary record that the Valiance qualifies as a major valiance and that 1) the property owner can secure a reasonable return from of make a practical use of the property without the valiance, or 2) the valiance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed The Commission shall prepare Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-8

370 Part 9 Chapter 4 Article A Water Supply Watershed Public Water Supply Watershed Protection a Commission decision and send it to the Zoning Board of Adjustment. The board shall prepare a final decision denying the variance as proposed. Now therefore be it further resolved, that those water supply watershed protection standards adopted on the 28th day of September, 1999 shall remain in effect in their current form, and that the additional language included herein shall be effective immediately. (Ordinance of 12/6/99) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 6-9

371 Part 9 Chapter 5 Flood Damage Chapter 5 Table of Contents Prevention ARTICLE A Statutory Authorization, Findings of Fact, Purpose and Objectives Statutory authorization Findings of fact Statement of purpose Objectives through reserved ARTICLE B Definitions Definitions through reserved ARTICLE C General Provisions Lands to which this ordinance applies Basis for establishing the areas of special flood hazard Establishment of development permit Compliance Abrogation and greater restrictions Interpretation Warning and disclaimer of liability Penalties for violation through reserved. ARTICLE D Administration Designation of administrator Floodplain development application, permit, and certification requirements Duties and responsibility of the Floodplain Administrator Corrective Procedures Variance Procedures through reserved. ARTICLE F Provisions for Flood Hazard Reduction General Standard Specific Standards A. Standards for Floodplains without established Base Flood Elevations B. Standards for Streams without established Base Flood Elevations and/or Floodways Standards for Subdivision proposals Standards for Riverine floodplains with BFE but without established floodways or non-encroachment areas Floodways and Non-encroachment areas Standards for areas of shallow flooding (Zone AO).

372 Part 9 Chapter 5 Flood Damage Chapter 5 Table of Contents Prevention ARTICLE G Legal Status Provisions Effect on rights and Liabilities under the existing Flood Damage Prevention Ordinance Effect Upon Outstanding building permits Effective Date Adoption certification.

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393 Part 9 Chapter 7 Chapter 7 Table of Contents Water and Sewage Systems ARTICLE A Purpose, Authority, Separability and Definitions Purpose and authority Separability Definitions ARTICLE B Public Systems and Construction of Improvements Public systems (apartment complexes and shopping centers) Public systems (public property) Construction of improvements. ARTICLE C Technical Specifications and Testing of Lines Technical specifications for installation Technical specifications for water Technical specifications for sewer Testing of water mains Testing of sanitary sewer lines. Exhibit I EXHIBIT I Request to connect water and/or sewer mains to the Erwin, N.C. Municipal System. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-1

394 Part 9 Chapter 7 Chapter 7 Table of Contents Water and Sewage Systems Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-2

395 Part 9 Chapter 7 Article A Purpose, Authority, Separability, and Definitions Water and Sewage Systems Purpose and authority. (a) Purpose. The purpose of these regulations is to provide for more orderly and uniform water distribution and sewage collection systems. The regulations will provide a guide for any developer or contractor who may engage in the business of installing any water distribution or sewage collection systems to be maintained by the Town. (b) Authority. These regulations are adopted under the authority granted in Chapter 160A of the General Statutes of North Carolina. They will supercede and replace any previous water and/or sewage regulations of the Town. (c) These regulations shall be incorporated into all specifications for water and sewer projects within the Town planning jurisdiction, and supplemented with additional specifications and procedures as necessary to complete the project. (Ordinance of 10/3/85) Separability. If for any reason one or more sections of this chapter are ruled invalid by a court of competent jurisdiction, such judgment shall not affect the remaining portions of this chapter. (Ordinance of 10/3/85) Definitions. The meanings of the terms used in this chapter shall be as follows. (1) Board of Commissioners. The Board of Commissioners of the Town of Erwin. (2) Department of Public Works. The Public Works Department of the Town of Erwin. (3) Easement. A grant by the property owner for use by the public, a corporation, or person(s) of a strip of land for specified purposes. (4) Public works director. The public works director of the Town of Erwin. (5) Shall. The word "shall" is always mandatory and not merely directory. (6) Subdivision ordinance. The subdivision ordinance of the Town of Erwin. (7) Town. The Town of Erwin. (8) Town manager. The Town manager of the Town of Erwin. (Ordinance of 10/3/85) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-3

396 Part 9 Chapter 7 Article B Public Systems and Construction of Improvements Water and Sewage Systems Public systems (apartment complexes and shopping centers). These are privately constructed systems that are to be developed on private property to serve areas such as apartment complexes and shopping centers. (1) Agreement by Town to accept the proposed facilities. a. An "agreement form" (See Exhibit I) should be completed by the developer and submitted to the Town manager's office. b. The "agreement form" should be accompanied by a map showing the area to be developed, the location where water and/or sewer facilities are proposed to be constructed, the point or points of connection to the existing water/sewer system, and a description of the users (i.e. number of apartments, restaurants, offices, etc.) within the area to be served. (2) Construction and acceptance procedures. Upon the Town's approval of the agreement, the developer should follow the procedures applicable to systems constructed on public property. Plans for systems in private property will not be forwarded for State approval until the agreement has been properly executed. (Ordinance of 10/3/85) Public systems (public property). These are privately constructed systems in public property such as subdivisions and extensions within existing streets to serve new developments. (1) Prior to approval of the subdivision preliminary plat, approval documents as enumerated in (3) below should be submitted to the Town manager's office. a. Plans and specifications. b. Permits or approval applications. c. Highway encroachment applications. (2) If the improvements are to serve an area not subject to Town subdivision regulations then one (1) set of detailed plans and specifications should be submitted to the Town manager's office for review. Upon determination that the plans and specifications are consistent with Town policies as outlined in the subdivision ordinance and meet Town standards, the developer will be advised by the Town manager to submit approval documents as enumerated in (3) below. (3) Submission of documents for State Regulatory Approval. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-4

397 Part 9 Chapter 7 Article B Public Systems and Construction of Improvements Water and Sewage Systems a. For sewer improvements. 1. Two (2) complete sets of plans and specifications. 2. Two (2) applications for a non-discharge permit from the Environmental Management Commission. b. For water improvements. 1. Three (3) complete sets of plans and specifications. 2. Three (3) applications to the Department of Human Resources for approval of the water improvements. c. In the event both water and sewer improvements are included in the plans and specifications, then a total of only six (6) sets of plans and specifications need be submitted. d. The applications for approval permit should be prepared in the name of the Town with the Town manager being the responsible official to sign the application. e. If an encroachment upon a State road or railroad is required for a portion of the work, the encroachment should be obtained by the developer in the name of the Town. Required copies of the encroachment application and supporting documentation should be submitted with the plans and specifications. f. The transmittal letter to the appropriate State agency(ies) will be prepared by the Town and the Town will transmit the documents for approval. A copy to the developer and his engineer will be included in the transmittal procedure. (4) The developer/engineer must satisfy any requirements of the State regulatory agencies. If correspondence is made by the State agency to the Town without developer/engineer copy, the Town will advise the developer/engineer of the particular requirement. Resubmittal of particular information may be made by the developer/engineer to the State. (Ordinance of 10/3/85) Construction of the improvements. (a) Notification. Upon issuance of the State approval or permit, the Town will so advise the developer (if no notification was given him by the State) and construction may be begun. The Department of Public Works should be given at least one day's notice prior to starting construction so that the Town inspection may be carried out. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-5

398 Part 9 Chapter 7 Article B Public Systems and Construction of Improvements Water and Sewage Systems (b) Inspection procedures. It is the intent of the Town that all water and sewer construction to be maintained by the Town be installed in accordance with practices recommended by the material manufacturers and standards of the industry. (1) An inspector will be provided by the engineer, in addition a roving Town inspector will make spot check inspections of work in progress. Any work not installed according to the plans and specifications unless a written deviation is obtained from the Public Works Department (in advance), will not be accepted by the Town as a part of its system, and the contractor will be directed to correct the defect(s). (2) In order to assure proper installation, the Town inspector may request that certain portions of the work not be covered up until the inspector has had reasonable opportunity to observe the construction. The Public Works Department will try to work with contractors in such instances. Four (4) hours is considered a reasonable time to allow such inspection before work is covered up. (3) The developer/contractor will sample the chlorinated water in newly constructed water lines to assure that the required residual has been attained, and supply a copy of the results to the Town; this will be verified by the Town Public Works Department. (4) The developer/contractor will make a bacteriological examination of the water in newly constructed water mains to determine that they are sanitary, and supply a copy of the results to the Town; test to be taken under supervision of the Town Public Works Department. (5) The Town will observe pressure testing of newly constructed water mains. (6) The Town will observe "go-no-go" deflection testing of sewer mains constructed of flexible and semi-rigid materials. (7) The Town will make visual observations of sewer line infiltration/inflow, of water and sewer appurtenances to determine that they are properly adjusted, and of service connections to determine that they work properly. (c) Interim approval by Town. A developer may request a preliminary inspection; obtain interim approval of the initial phases of the work, and temporary water service when the following conditions have been met: (1) The developer must pay water deposits and meter charges on water meters in the section. (2) Construction materials and installation practices have been satisfactory. (3) Water lines have been satisfactorily chlorinated. (4) Water lines have been bacteriologically tested with satisfactory results verified. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-6

399 Part 9 Chapter 7 Article B Public Systems and Construction of Improvements Water and Sewage Systems (5) Water lines have been pressure tested with satisfactory results. (6) Sewer mains appear to be properly aligned and on uniform grade. (7) There is no observable infiltration or inflow in sewer lines, service connections, or manholes. (d) Final inspection and acceptance by Town. (1) Upon completion of the project (i.e. after street paving has been completed, shoulders have been dressed, and final grading done) a final inspection shall be requested by the developer. The Public Works Department will inspect the water and sewer improvements and will recommend acceptance of the improvements for municipal ownership and maintenance, provided: a. Water valves operate properly, are accessible to be operated, and the valve boxes set to final grade. b. Manhole covers are set to final grade. c. Fire hydrants operate properly, are plumb, and set to final grade. d. Four (4) sets of satisfactory "as-built" drawings (one Mylar reproducible) have been received by the Public Works Department. e. Any easement shown on the plans have been satisfactorily recorded. f. Service connections have been installed to approximate grade. (3) Meter boxes and clean out plugs are to be set to final grade by the developer before water service will be initiated to any individual lot, and the Town's acceptance will not include service connections until such time as service is initiated. The Town will not accept or be responsible for any piping outside the right-of-way or easement unless by approval of the Town Board of Commissioners. (4) The acceptance of improvements for ownership and maintenance must be approved by the Town manager. The town will formally advise the developer regarding acceptance of the improvements and, if they are not satisfactory, what must be done to obtain acceptance. (Ordinance of 10/3/85) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-7

400 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems Technical Specifications for installation. (a) Installation of mains pipe. (1) Prior to trenching, the pavement shall be cut or scored to straight edges, six (6) inches outside each edge of the proposed trench to avoid unnecessary damage to the remainder of the paving, Edges of the existing pavement shall be recut and trimmed to square, straight edges after the pipe system has been installed and prior to placement of the new base and pavement. (2) If trench boxes or sheeting are used, care shall be taken that pipe and embedment materials are not disturbed. No backfilling except for securing pipe in place shall be allowed until the Town's inspector or his representative has had an opportunity to make an inspection of the joints, alignment and grade. Such inspection shall not relieve the contractor of further liability in case of defective material, misalignment or other deficiencies. (b) Installation of service connections. (1) Water service connections. a. Tapping of mains. Cast and ductile iron mains may be tapped direct for taps two (2) inches or less in size. All other taps shall be made using an AWWA approved tapping saddle and corporation stop. (Unless a written deviation is obtained form the Public Works Department in advance.) b. Service taps (two (2) inches and smaller) shall be made such that the outlet is at an angle of forty-five (45) degrees above horizontal. c. Tapping of cast or ductile iron mains shall be done in accordance with recommendations of the tapping machine manufacturer. All service connections larger than two (2) inches shall be made using tapping sleeve and valve or a main fitting and valve. (2) Installing service line. Attention shall be given to embedment for the service line in the area of the corporation stop and main trench. Firm bedding with at least eighteen (18) inches of cover shall be provided from the corporation to near the yoke box. A gentle bend or gooseneck shall be provided in the service line as it leaves the corporation stop (in order to provide for expansion/contraction of the line). No coupling shall be placed in the service line between the corporation stop and yoke box and -no sharp bend of the service line shall be permitted. Backfill shall be free of rocks or large objects that could crimp or damage the line. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-8

401 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems Service line trenches in traffic areas shall be tamped so as to achieve ninety percent (90%) proctor density. In landscape areas, the surface shall be left smooth and uniform with adjacent surface. (3) Installing meter yoke box. a. The yoke box shall be set to grade. The yoke box shall be adequately supported on bricks and six (6) inch washed gravel and the top shall be set flush with finished grade. b. Sewer service connections. The locations of service connections shall be designated by the director of public works. All service connections unless otherwise indicated, shall I be four (4) inch or six (6) inch PVC pipe. Connection to the sewer main shall use either way or tee fittings or sewer service saddles. Sewer service saddles shall be as recommended by the pipe manufacturer. c. Attachment of the saddle to the main shall be as recommended by the manufacturer. All fittings or saddles shall be positioned such that the service pipe enters the main at an angle of forty-five (45) degrees from the vertical. Service saddles shall be fully encased with crushed stone and special attention shall be given to embedment of the service pipe from the saddle through the lateral trench. d. For service connections to deep sewers with confined trenches, the service shall extend from the connection upward at forty-rive (45) degrees to a point near the trench wall, shall bend forty-rive (45) degrees to a riser which shall parallel the vertical trench wall to a point not less than thirty (30) inches below finish grade and shall turn using two (2) consecutive forty-five degree bends to provide a lateral service to match the grade and slope of the building sewer. For all other service connections, the service shall extend from the connection upward at forty-five (45) degrees to a point where it shall bend forty-rive (45) degrees to match the grade and slope of the building sewer. Minimum service line slope shall be two (2) feet per one hundred (100) feet except where elevations are critical, minimum slope shall be one (1) foot per one hundred (100) feet. e. The tapping of service connections into manholes will not be permitted except at the end of collector lines. Such connections, when required at deep manholes, shall be provided with a standard drop connection. The invert of a manhole service connections shall be located such that a pipe half-diameter formed through in the bench shall be required. A clean out shall be installed at the terminum of the service connection as shown in the standard details. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-9

402 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems The clean out shall be installed to surface grade and both the clean out and the service lateral shall be capped or plugged to exclude entry of water or earth. Concrete same as water valve requirements in (b). (c) Separation from other pipe systems. There shall be a minimum clearance as follows: (1) Lateral separation from sewer lines. Water mains shall be separated at least ten (10) feet laterally unless: a. The mains are in separate trenches with the elevation of the bottom of the water main at least eighteen (18) inches higher than the elevation of the top of the sewer. b. The water main is located on bench of undisturbed earth of the sewer trench and with the elevation of the bottom of the water main at least eighteen (18) inches higher in elevation than the top of the sewer. (2) Crossing separation from sewer lines. a. Water mains crossing over a sewer shall be (bottom of water main to top of sewer) separated by at least eighteen (18) inches unless local conditions or barriers prevent an eighteen (18) inch vertical separation in which case both water and sewer mains shall be constructed of ferrous materials with joints meeting water main standards for a distance of at least ten (10) feet on each side of the point of crossing. b. When water mains cross under a sewer, both mains shall be constructed of ferrous materials and with joints equivalent to water main standards for a distance of ten (10) feet on each side of the point of crossing. Additionally, a section of water main pipe shall be centered at the point of crossing. (d) Installation of tracer tape. All nonmetallic water mains shall have a metallic warning tape installed in the ditch over the main twelve (12) inches to eighteen (18) inches below the finished grade. (e) Pavement replacement. All pavement shall be reconstructed to the original lines and grades and pavement shall be placed in such manner that all surfaces shall be in fully as good or better condition than that which existed prior to water/sewer installation. Concrete and/or aggregate base course for the paving shall be placed as shown on the plans. Base course for the paving shall be dense graded aggregate base course. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-10

403 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems (f) Settlement of trenches. Whenever water lines are in or cross driveways, paved areas or streets the contractor shall be responsible for any trench settlement which occurs within one (1) year from the time of final acceptance. (g) Inspection. The Public Works Department will inspect the work periodically while in progress. These inspections will be made primarily to: (1) Assure that materials acquired are as specified. (2) Assure that construction methods are as specified. (3) Verify amounts of construction and materials used. (4) Verify tests for chlorination, pressure, deflection of sewer, infiltration, bacteriological analysis. (5) Assure that valves, services, hydrants and other appurtenances are operable and are properly set to final grade. (h) As-built drawings/intersection sketches. (1) Upon completion of construction of the improvements, the contractor shall deliver information on the location of taps and water valves to the Town. (2) The exact station number of all tape ( ft.) and their length shall be recorded during construction and the information shall be made available to the Town. In addition, a rough, readable field sketch of the location of all water main valves installed under the contract shall be prepared and submitted to the Town. (i) Guarantee. Any leakage, defects in materials or workmanship or settlement of trench within twelve (12) months following acceptance by the Town shall be repaired or restored by the developer at his own expense. (Also see Subdivision Regulation Guarantees) (Ordinance of 10/3/85) Technical specifications for water. (a) Pipe materials. (1) Ductile iron pipe. Ductile iron pipe shall be of the class and size called for on the drawings and shall conform to ANSI Specification A21.51, latest designation. Pipe shall have mechanical joints or push-on joints conforming to ANSI Specifications A21.11, latest designation. The use of other materials (other than those specified) for special connections must be approved by the public works director. Pipes shall have an exterior coat of coal tar Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-11

404 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems varnish and an interior cement mortar lining with bituminous seal coat conforming to ANSI Specification A Pipes shall be furnished complete with rings, gaskets, and bolts. Each pipe shall bear a mark denoting the class to which it belongs. (2) Polyvinyl chloride pipe for four (4) inch through twelve (12) inch water mains. a. Polyvinyl chloride pipe (PVC) shall conform to AWWA Specification C , Class 150 and shall bear the seal of the National Sanitation Foundation (NSF) for potable water pipe. All pipe shall be marked with the manufacturers' name, nominal size, type of plastic and pressure rating. Pipe O.D. shall be equivalent to cast iron pipe of the same nominal size. Pipe joints shall include elastomeric gaskets and shall be integral bell type coupling. b. Lubricant and gaskets are to be supplied with the pipe by the manufacturer of the pipe. (3) Polyvinyl chloride pipe for two (2) inch water mains shall conform to ASTM Standard D-2241, PVC 1120 pipe, SDR 21, 200 psi pressure rating, with integral bell and spigot end. Pipe shall be furnished complete with elastomeric gaskets. (b) Appurtenances. (1) Valves. a. Valves for sixteen (16) inch and larger mains shall be iron body, horizontal gate valves, bronze mounted, double disc, parallel seat, enclosed gearing, four (4) inch by-pass, "0" ring seals, open CCW and shall comply with AWWA Specification C for underground service. All valves shall be furnished with two (2) inch operating nut. b. Valves two (2) inch through twelve (12) inch mains shall be iron body, vertical gate valves, bronze mounted, double disc, non-rising stem for underground service, "0" ring seals, open CCW. All valves shall be furnished with two (2) inch operating nut and shall be Mueller, M & H or approved equal. c. Valves for blow-off connections two (2) inch and smaller shall be curb stops, Mueller Oriseal Mark 11 or approved equal. (2) Valve boxes. Valve boxes shall be cast iron of the Roadway Extension type of proper length and base size with suitable detachable cover and shall be located inside: and out with asphaltum paint. (3) Fire hydrants. a. Fire hydrants shall be traffic model, four and one-half (4-1/2) inch valve opening, two (2) two and one-half (21/2) inch and one (1) four and one-half (4-1/2) inch outlets Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-12

405 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems with National Standard threads, six (6) inch mechanical joint shoe connection, National Standard Pentagon (one and one-half (1-1/2) inch point to flat) operating nut, open CCW, dry top, sealed lubrication reservoir, seat ring to show shall be bronze to bronze. Hydrants shall be equipped with outlet nozzle caps with chains. All hydrants shall meet or exceed AWWA Standard C All hydrants shall be Mueller Centurion, or approved equal. b. All fire hydrants must be installed to meet the proposed grades. To achieve this, the contractor may use fire hydrant extensions, or may order the proper bury depth hydrant. In either case, ordering the materials required to meet the proposed grade shall be the contractor's responsibility, and shall be included in his bid price. (c) Fittings and other materials. (1) Specials. Specials shall be short body Class 250 cast iron or ductile iron conforming to ANSI Specification A21.1 and A Cast iron fittings shall be cement lined. Ductile iron fittings shall be epoxy resin lined. All Fittings shall have an exterior coating of asphalt. Mechanical joint fittings; shall conform with ANSI Specification A Bell and spigot cast iron specials meeting AWWA Specifications for Class D fittings may be furnished for special connections when approved by the public works director. All fittings and specials shall be furnished complete with rings, bolts, and gaskets for joints. (2) Tapping sleeves, crosses and valves. All tapping sleeves, crosses and valves shall conform to Federal Specification WW-P-421 and AWWA Standard C500. All tapping sleeves, crosses and valves shall be Mueller, M & H or approved equal. (3) Tracer tape. Metallized warning tape shall be installed over all non-metallic water mains. Two (2) inch wide metallized warning tape, color blue, marked "Caution -Water Line Below" shall be installed in the ditch over the pipe and twelve (12) inches to eighteen (18) inches below finished grade. Metallized tape shall be Terra Tape D as manufactured by Reef Industries, Inc., Houston, Texas, or approved equal. (d) Service materials. (1) Water service tubing. Water service tubing shall be either Type K copper or polyethylene municipal service tubing. Polyethylene tubing shall meet the requirements of AWWA Standard C901-78, PE 3406, copper tube OD equivalent, DR 9, 160 psi working pressure. If copper tubing is used, flared connections may be used in lieu of compression connections. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-13

406 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems (2) Polyethylene service tube stiffness. A stainless steel insert shall be installed with each compression connection made with plastic tubing. (3) Meter boxes. Meter boxes shall be as specified by the public works director. (4) Meter yokes. Meter yokes shall be as specified by the public works director. (5) Other materials. All other water service line materials shall be of brass materials, as specified by the public works director, and installed as specified by the public works director. (e) Meters. (1) All meters are to be furnished and installed by the developer with the exception of 5/8" x 3/4" and 1" meters which shall be furnished by the developer but installed by the Town. (2) The model shall be as specified by the public works director. (Ordinance of 10/3/85) Technical specifications for sewer. (a) Pipe materials and manholes. The type of pipe to be used shall be as shown on the plans. Pipe used shall meet the following minimum standards: (1) ABS composite sewer pipe. Sewer pipe and fittings shall conform to the requirements of STM D a, type SC and shall I be Truss Pipe or an approved pipe equal in strength, quality and utility. MEK primer and cement for joints shall comply with STM D a. (2) Polyvinyl chloride (PVC) pipe. PVC pipe shall have integral wall bell and spigot push-on joints and shall meet the requirement of ASTM D3034, Type PSM, SDR 35. (3) Ductile iron pipe. Ductile iron pipe shall meet the requirements of ANSI A21.50, thickness class 50 with push-on joints. (4) Pipe or service connections. Pipe for four (4) inch and six (6) inch service connections shall meet the requirements as set forth by the public works director. (5) Steel casing pipe. Steel casing pipe shall have plain end, unwrapped steel pipe, conforming to ASTM A252, Grade 2 or ASTM A 139 without hydrostatic tests. The pipe shall have welded joints and be in at least eighteen (18) foot lengths. (b) Manholes (general requirements). Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-14

407 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems (1) At the option of the contractor, manholes may be constructed of pre-cast concrete components or brick. All manholes shall be constructed upon a foundation consisting of no less than eight (8) inches of crushed #67 stone. Manhole bases shall be either extended base pre-cast concrete with a minimum dimension across the extended base of seventy-two (72) inches, or cast-in-place, reinforced concrete with a minimum twenty-eight (28) day compressive strength of 3,000 psi. Manholes shall be of the form and internal dimension as shown in the project specifications. (2) The excavation shall be kept free of water throughout construction and shall NOT be backfilled until inspected by the director. (c) Pipe connections. Pipe connections shall be made into manholes, as specified by the public works director. Three methods are available: precast manholes, brick manholes, and "doghouse" manholes with poured bottoms; details for these methods shall be as specified by the public works director. (d) Connection to existing sewers. (1) Where required or shown on the plans, connection to existing sewer shall be made in a manner which will maintain existing sewage flow on a continuous basis. Where now cannot be maintained, interruption of service shall be minimized such that no by-pass of sanitary sewage to any natural waterway or storm drain occurs nor shall such interruption create a public health hazard by sewage back-up or overflows. (2) Connection to existing sewers shall be made at manholes. For connection of encased pipe, the casing shall be flush with the inside wall and shall be encased with at least eight (8) inches of concrete on the outside of the manhole. Connection of sewer pipe shall be made into a manhole using a water stop and no-shrinking mortar. Existing manholes to which connections are made shall be rehabilitated to the degree necessary to correct any apparent signs of infiltration. (3) Upon completion of the connection to existing sewers, existing lines no longer needed shall be sealed or plugged and the invert rebuilt to reflect new flow patterns. (e) Other appurtenances. Other appurtenances (i.e., steps, manhole covers, etc.) shall be those as specified by the public works director. (Ordinance of 10/3/85) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-15

408 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems Testing of water mains. (a) Disinfection of water mains. (1) After each line between valves has been tested and all necessary repairs made, and the lines flushed clean, water containing not less than fifty (50) parts per million chlorine shall be placed in the line and allowed to stand twenty-four (24) hours, after which the line shall be flushed and samples taken at various points. (2) The chlorinating agent may be a chlorine gas-water mixture, calcium hypochlorite or chlorinated lime of known chlorine content in water and shall be fed through a suitable solution feed device located at or near the point from which the main is to be filled. Flow of both water and chlorine solution shall be at a slow rate and in such proportion that the required chlorine content is evenly distributed in the main. Air pockets shall be eliminated and system pressure applied. Following chlorination, all water shall be flushed from the lines until the replacement water has a chlorine content not more than 0.1 ppm in excess of the residual in the water from the supplying main. (b) Bacteriological testing. Water samples for bacteriological examination shall be taken. The lines shall not be placed in service or pressure tested until a negative bacteriological report is received by the Town. (c) Pressure testing of mains. The contractor shall perform a pressure test of completed water mains. The public works director shall be notified of the test at least twenty-four (24) hours in advance and will observe the test. The test shall be conducted for a period of two (2) hours at 150 psi pressure. (d) Connection to existing mains and turning water on. The contractor shall make connection to existing water mains in the manner shown on the plans or otherwise in a manner which is satisfactory to the public works director. Except in an emergency, valves on the existing water distribution system shall only be operated by the Public Works Department or on authorization for the operation of specific valves by the Public Works Department. Records will be kept of any valves closed during an emergency and the Public Works Department will be notified of the specific valves closed at the earliest reasonable time following such valve closure. (Ordinance of 10/3/85) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-16

409 Part 9 Chapter 7 Article C Technical Specifications and Testing of Lines Water and Sewage Systems Testing of sanitary sewer lines. (a) Preparation for testing. Prior to testing of sanitary sewer lines, the lines shall be thoroughly cleaned, using appropriate tools, and the line shall be visually inspected for line and grade, apparent obstructions, leaks, deformities or other defects. Any deficiencies noted shall be repaired or replaced at no expense to the Town. (b) Infiltration limits. Infiltration shall be measured by the contractor in the presence of the director and shall not exceed one hundred (100) gallons per inch diameter per mile per day. (c) Pipe deflection testing. Deflection testing shall be performed for all semi-rigid and flexible pipe eight (8) inches or larger. Deflection shall not exceed five percent (5%) (ninety-five percent (95%) of the ASTM base inside diameter). Testing shall be conducted in the presence of the director and shall utilize a mandrel go-no-go gauge complete with proving ring. Mandrel shall be approved by the director for this test. Arm mandrels shall have a minimum of nine (9) arms. (d) Air testing. Air testing shall be required if, in the opinion of the director, conditions are such that infiltration measurements may be inconclusive. The test shall be conducted in the presence of the director and shall conform to the following requirements: (1) Test pressure shall be 3.5 psi increased by the ground water pressure above the top of the sewer. (2) Pressure loss from 3.5 to 3.0 psi shall not exceed 0.5 psi during the required testing time. (3) Testing time in minutes shall I be calculated as x nominal pipe size (inches). (Ordinance of 10/3/85) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-17

410 Part 9 Chapter 7 Exhibit 1 Request to Connect Water and Or Sewer Mains to Erwin System Water and Sewage Systems Request to connect water and/or sewer mains to the Erwin, N.C. Municipal System. It is requested that the Town of Erwin, North Carolina accept the water sewer lines at (name of project) as a part of the municipal system. If approved the town will allow connection of the line subject to the following agreements: (A) Development Owner Responsibilities (1) The design, materials, and construction methods must meet town standards and pass the towns standard inspection procedures. All pipes, valves, hydrants, manholes, fittings, service connections, water meters and other appurtenances will be furnished by the developer. Water meters sized 1 inch and below will be installed by the town when a deposit is paid by the water customer. Installation of all meters larger than 1 inch will be the responsibility of the developer. (2) The developer must obtain any required permits from state agencies, such as the Department of Human Resources and Division of Environmental Management. (3) The Developer must dedicate to the town adequate easement of not less than 15 feet width per main, over all portions of water and sewer mains, and will have the right to require larger easements which it may seem necessary. (4) Ownership of the mains and appurtenances is hereby granted in fee simple to the town. (5) The owner must pay normal system access charges (tap fees) to the town if required. (6) The developer must provide "as-built" drawings of the completed facilities prior to town acceptance. (7) Any transfers of ownership shall only be made conditional upon acceptance of the terms of this agreement by subsequent owners. (8) This agreement shall constitute a grant of access (easement) to the town for any service connections not covered by specific descriptions and dedications. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-18

411 Part 9 Chapter 7 Exhibit 1 Request to Connect Water and Or Sewer Mains to Erwin System Water and Sewage Systems (B) Town Responsibilities If the conditions set forth above are met and construction carried out in accordance with the approval plans and specifications, the Town of Erwin will (1) Allow connections and additions of the water and sewer facilities to the Municipal System, furnishing water and accepting wastewater for treatment under standard service policies. (2) Accept and maintain the lines as part of its system. Accepted and agreed by owner: OWNER AUTHORIZED SIGNATURE NAME PRINTED DATE APPROVED BY TOWN OF ERWIN Town Manager DATE (Ordinance of 10/3/85) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 7-19

412 Part 9 Chapter 8 Chapter 8 Trees Trees CHAPTER TREES Purpose. Enactment. Conflicting ordinances. Separability. Definitions. Creation and establishment of the Erwin Tree Board. Organization of Tree Board. Operation. Duties and responsibilities. Tree species to be planted. Spacing. Distance from curb and sidewalk. Distance from street corners and fireplugs Utilities. Public tree care. Tree topping. Pruning, corner clearance. Dead or diseased tree removal on private property. Removal of stumps. Interference with Tree Board. Arborists license and bond. Review by Board of Commissioners. Penalties. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-1

413 Part 9 Chapter Purpose. Chapter 8 Trees Trees The purpose of this chapter is to encourage well planned, coordinated tree planting improvements for the Town of Erwin, North Carolina, to improve the welfare and looks of the Town and its residents. To this end, this chapter seeks to set up a Tree Committee, to regulate tree planting and establish guidelines for the same. (Ordinance of 3/25/86) Enactment. For the purposes cited above, and for promoting the general welfare of the Town and its residents, the Board of Commissioners for the Town does hereby ordain, adopt and enact this chapter in its entirety, which shall be known as the "Erwin Tree Ordinance." This chapter shall apply to all public territory and rights-of-way within the corporate limits of the Town. (Ordinance of 3/25/86) Conflicting ordinances. All ordinances or parts of ordinances in conflict with this chapter or inconsistent with its provisions or amendments thereto, are hereby repealed or superceded to the extent necessary to give this chapter full force and effect. (Ordinance of 3/25/86) Separability. Should any provision of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this chapter as a whole or any part hereof except that specific provision which was the subject of the declaration. (Ordinance of 3/25/86) Definitions. The meanings of the terms used in this chapter shall be as follows. Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-2

414 Part 9 Chapter 8 Chapter 8 Trees Trees Park trees. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the Town or to which the public has free access as a park. Street trees. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the Town. (Ordinance of 3/25/86) Creation and establishment of the Erwin Tree Board. There is hereby created and established a Tree Board for the Town which shall consist of nine (9) members, citizens and residents of this Town, who shall be appointed by the mayor with the approval of the Board of Commissioners. (Ordinance of 3/25/86) Organization of Tree Board. The Erwin Tree Board shall be organized and established in conformance with Part 2 Chapter 7 of the Code of Ordinances for the Town of Erwin. (Ordinance of 3/25/86) Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transactions of business. (Ordinance of 3/25/86) Duties and responsibilities. It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Board of Commissioners and upon their acceptance and approval shall constitute the official comprehensive Town tree plan for the Town. The Board when requested by the Board of Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-3

415 Part 9 Chapter 8 Chapter 8 Trees Trees Commissioners, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. (Ordinance of 3/25/86) Tree species to be planted. It shall be the responsibility of the Erwin Tree Board to form a list of tree species that may be planted. No other species than those specified on this list will be planted on public property without written permission from the Erwin Tree Board. Distinctive categories shall be made for said list regarding small, medium and large trees. (Ordinance of 3/25/86) Spacing. The spacing of street trees will be in accordance with the three species size classes listed in section of this chapter and no trees may be planted closer together than the following: small trees, thirty (30) feet; medium trees, forty (40) feet; and large trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect. (Ordinance of 3/25/86) Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in section of this chapter and no trees may be planted closer to any curb or sidewalk than the following: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet. (Ordinance of 3/25/86) Distance from street corners and fireplugs. No street tree shall be planted closer than thirty-five (35) feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten (10) feet of any fireplug. (Ordinance of 3/25/86) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-4

416 Part 9 Chapter 8 Chapter 8 Trees Trees Utilities. No street trees other than those species listed as small trees in accordance with section of this chapter may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility. (Ordinance of 3/25/86) Public tree care. (a) The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. (b) The Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with sections through of this chapter. (Ordinance of 3/25/86) Tree topping. It shall be unlawful as a normal practice for any person, firm, or corporation to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Tree Board. (Ordinance of 3/25/86) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-5

417 Part 9 Chapter 8 Chapter 8 Trees Trees Pruning, corner clearance. Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic-control device or sign. (Ordinance of 3/25/86) Dead or diseased tree removal on private property. The Town shall have the right to cause the removal of any dead or diseased trees on private property within the town when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the Town. The Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notice. (Ordinance of 3/25/86) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Ordinance of 3/25/86) Interference with Tree Board. It shall be unlawful for any person to prevent, delay, or interfere with the Tree Board, or any of its agents, while engaging in and about the planting, cultivating, Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-6

418 Part 9 Chapter 8 Chapter 8 Trees Trees mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter. (Ordinance of 3/25/86) Arborists license and bond. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the Town without first applying for and procuring a license. The license fee shall be twenty-five dollars ($25) annually in advance; provided however, that no license shall be required of any public service company or Town employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of fifty thousand dollars ($50,000) for bodily injury and one hundred thousand dollars ($100,000) property damage indemnifying the Town or any person injured or damaged resulting from the pursuit of such endeavors as herein described. (Ordinance of 3/25/86) Review by Board of Commissioners. The Board of Commissioners shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal from any ruling or order of the Tree Board to the Board of Commissioners who may hear the matter and make final decision. (Ordinance of 3/25/86) Penalties. Any person violating any provisions of this chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed fifty dollars ($50) or thirty (30) days in jail, for each offense. (Ordinance of 3/25/86) Toow T wnnooffeerrwiinccodde eooffoorrdiinaan ncce ess 8-7

419 PART 9 PLANNING AND REGULATIONS OF DEVELOPMENT Chapter 9 - Mobile Homes Incorporated into Chapter 4 - Zoning

420 Part 9 Chapter 10 Chapter 10 Table of Contents Minimum and Abandoned Housing Code MINIMUM AND ABANDONED HOUSING Finding; purpose Definitions Minimum standards of fitness for dwellings and dwelling units Minimum standards for structural condition Minimum standards for basic plumbing, heating, and electrical equipment and facilities Minimum standards for ventilation Minimum standards for space, use, and location Minimum standards for safe and sanitary maintenance Minimum standards for control of insects, rodents, and infestations Minimum standards applicable to rooming houses; exceptions Responsibilities of owners and occupants Powers and duties of Building Inspector Inspections; duty of owners and occupants Procedure for enforcement Methods of service of complaints and orders In rem action by Inspector; placarding Costs a lien on premises Alternative remedies Housing Appeals Board Conflict with other provisions Violations; penalty Severability Technical guidelines for the minimum housing code. Town of Erwin Code of Ordinances 10-1

421 Part 9 Chapter Finding, Purpose Minimum and Abandoned Housing Code Finding; purpose. (a) Pursuant to G.S. 160A.441, it is hereby declared that there exist in the town dwellings which are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents and other calamities; lack of ventilation, light, and sanitary facilities; and other conditions rendering such dwellings unsafe or unsanitary, dangerous, and detrimental to the health, safety, and morals, and otherwise inimical to the welfare of the residents of the town. It is hereby declared that there exists abandoned structures in the town which are an attraction to insects and rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities, which are a detrimental to the health, safety, and morals, and otherwise inimical to the welfare of the residents of the town. (b) In order to protect the health, safety, and welfare of the residents of the town as authorized by Chapter 160A of the General Statutes, it is the purpose of this ordinances to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation, as expressly authorized by G.S. 16OA-444 and require that buildings that have been vacated and closed for one year be repaired or demolished as authorized by G.S. 160A-443. (5a) (Ordinance passed ) (Ordinance of 11/20/00) Town of Erwin Code of Ordinances 10-2

422 Part 9 Chapter Definitions Minimum and Abandoned Housing Code Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance: (1) Abandoned Housing. Buildings that have been vacated and closed for a year. (2) Basement. A portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground. (3) Cellar. A portion of a dwelling which is located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjourning ground. (4) Deteriorated. That a dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this ordinance at a cost not in excess of fifty-five percent (55%) of its value, as determined by finding of the Public Officer. (5) Dilapidated. That a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this ordinance except at a cost in excess of fifty-five percent (55%) of its value, as determined by finding of the Public Officer. (6) Dwelling. Any building, structure, manufactured home or mobile home, or part thereof which is wholly or partly used or intended to be used for living, sleeping, or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. Temporary housing, as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning the terms rooming house and rooming unit, as hereinafter defined. (7) Dwelling unit. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating. (8) Extermination. The control and elimination of insects, rodents, or other pests be removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping, or by any other recognized and legal pest elimination methods approved by the Public Officer. Town of Erwin Code of Ordinances 10-3

423 Part 9 Chapter Definitions Minimum and Abandoned Housing Code (9) Garbage. The organic waste resulting from the handling, preparation, cooking, and consumption of food. (10) Gender. Words having a masculine gender shall include the feminine and neuter genders. (11) Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms foyers, or communicating corridors, closets, and storage spaces. (12) Infestation. The presence, within or around a dwelling, of any insects, rodents, or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or the public. (13) Inspector. The Building Inspector of the town or any authorized agent of the Inspector. (14) Multiple dwelling. Any dwelling containing more than two dwelling units. (15) Occupant. Any person over one year of age, living, sleeping, cooking, or eating in, or having actual possession of a dwelling, dwelling unit, or rooming unit. (16) Operator. Any person who has charge, care, or control of a building, or part thereof, in which dwelling unit or rooming units are let. (17) Owner. Any person who alone, jointly, or severally with others: a. Shall have title to any dwelling, dwelling unit, or rooming unit, with or without accompanying actual possession thereof; b. Shall be a mortgage of record for any dwelling, dwelling unit, or rooming unit; or c. Shall have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. (18) Party or parties in interest. All persons who have interests of record in a dwelling, dwelling unit, or rooming unit and any persons who are in possession thereof. (19) Person. Any individual, corporation, firm, partnership, association, organization, or other legal entity. (20) Plumbing. All of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), Town of Erwin Code of Ordinances 10-4

424 Part 9 Chapter Definitions Minimum and Abandoned Housing Code sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. (21) Public authority. The Town Housing Authority or any officer who is in charge of any department or branch of the government of the town or of Harnett County or the State of North Carolina relating to health, fire, building, and regulations or other activities concerning dwellings in the town. (22) Public officer. Means the officer or officers who are authorized by ordinances adopted hereunder to exercise the powers prescribed by the ordinances and by this part. (23) Rooming house. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or brother of the owner or operator. (24) Rooming unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. (25) Rubbish. Nonorganic waste materials. The term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust. (26) Supplied. Paid for, furnished, or provided by, or under the control of, the owner or operator. (27) Temporary housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. (28) Unfit for human habitation. That conditions exist in a dwelling, dwelling unit, rooming house, or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this ordinance. (29) Words having certain meaning. Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, premises" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof. (Ordinance passed ) (Ordinance of 11/20/00) Town of Erwin Code of Ordinances 10-5

425 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code Minimum standards of fitness for dwellings and dwelling units (a) Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of through (b) No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of through (Ordinance passed ) Minimum standards for structural condition. The following standards shall constitute the minimum standards for structural condition of a dwelling or dwelling unit: (a) Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated, or damaged, and shall not have holes or cracks which might admit rodents. (b) Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used. (c) Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged. (d) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse. (e) Adequate facilities for egress in case of fire or panic shall be provided. (f) Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces. (g) The roof, flashings, exterior walls, basement walls, floors, and all doors and windows exposed to the weather shall be constructed and maintained so as to be weather and watertight. Town of Erwin Code of Ordinances 10-6

426 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (h) There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire hazard. (i) There shall be no use of the ground for floors, or wood floors on the ground. (Ordinance passed ) Minimum standards for basic plumbing heating and electrical equipment and facilities. (a) Plumbing system. (1) Each dwelling unit shall be connected to a portable water supply and to a public sewer or other approved sewage disposal system. (2) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a portable water supply. (3) All plumbing fixtures shall meet the standards of the State Plumbing Code and shall be maintained in a state of good repair and in good working order. (4) All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room or rooms affording privacy to the user. (b) Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with the following (1) Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms, and water closet compartments in every dwelling unit to which it is connected with a minimum temperature of seventy degrees Fahrenheit (70 F.) during normal winter conditions (2) Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, gas vents, or other facilities to which heating appliances may be connected to heat all habitable rooms with a minimum temperature of seventy degrees (70 F.) during normal winter conditions. Town of Erwin Code of Ordinances 10-7

427 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (c) Electrical system. (1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two-floor or wall-type electric convenience receptacle, connected in such manner as determined by the State Electrical Code. There shall be installed in every bathroom, water closet room, laundry room, and furnace room at least one supplied ceiling or wall-type electric light fixture. In the event wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three floor or wall-type electric convenience receptacles. (2) Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient. (3) All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the State Electrical Code. (Ordinance passed ) Minimum standards for ventilation. (a) General. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent (10%) of the floor area of such room. Whenever walls or other portions of structures face a window or any room and such light-obstructing structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in the room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room. (b) Habitable rooms. Every habitable room shall have at least one (1) window or skylight which can easily be open, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation. (c) Bathroom and water closet rooms. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms except that no Town of Erwin Code of Ordinances 10-8

428 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code window or skylight shall be required in adequately ventilated bathrooms and water closet room equipped with an approved ventilation system. (Ordinance passed ) Minimum standards for space, use, and location. (a) Room sizes. (1) Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the State Residential Building code. (2) Every dwelling unit shall contain at least one hundred and fifty (150) square feet or habitable floor area for the first occupant, at least one hundred (100) square feet of additional habitable area for each of the next three occupants, and at least seventy-five (75) square feet of additional habitable floor area for each additional occupant. (3) In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age. (b) Ceiling height. At least one-half (1/2) of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet and six (6) inches. (c) Floor area calculations. Floor area shall be calculated on the basis of habitable room area. However, closet area and wall area within the dwelling unit may count for not more than ten percent (10%) of the required habitable floor area. The floor area of any part of any room where the ceiling height is less than four and one-half (4 1/2) feet shall not be considered as part of the floor area for the purpose of determining maximum permissible occupancy. (d) Cellar. No cellar shall be used for living purposes. (e) Basements. No basement shall be used for living purposes unless: (1) The floor and walls are substantially watertight; (2) The total window area, total openable window are, and ceiling height are equal to those required for habitable rooms; (3) The required minimum window area of every habitable room is entirely above the grade adjoining such window area, except where the window or windows face a stairwell, window well, or access way. (Ordinance passed ) Town of Erwin Code of Ordinances 10-9

429 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code Minimum standards for safe and sanitary maintenance. (a) Exterior foundation, walls, and roofs. Every foundation wall, exterior wall and exterior roof shall be substantially weather-tight and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather. (b) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon. (c) Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weather-tight, watertight and rodent proof and shall be kept in sound working condition and good repair. (d) Stairs, porches, and appurtenances. Every outside and inside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and good repair. (e) Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit such floor to be easily kept in a clean and sanitary condition. (f) Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this ordinance shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition. (g) Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water. (h) Noxious Weeds. Every yard and all exterior property areas shall be kept free of species or weeds or plant growth which are noxious or detrimental to health. (i) Egress. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Building Code. (Ordinance, passed ) Town of Erwin Code of Ordinances 10-10

430 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code Minimum standards for control of insects, rodents and infestations. (a) Screens. In every dwelling unit, for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-dosing device. Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens. (b) Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or such other approved device as will effectively prevent their entrance. (c) Infestation. Every occupant of a dwelling containing a single-dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner. (d) Rubbish storage and disposal. Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by town ordinances, and the owner, operator, or agent in control of such dwelling or dwelling unit shall be responsible for the removal of rubbish. (e) Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit (mechanical sink grinder) in each dwelling unit, or an approved outside garbage can as required by town ordinances Minimum standards applicable to rooming houses; exceptions. All of the provisions of this ordinance, and all of the minimum standards and requirements of this ordinance, shall be applicable to rooming houses, and to every person who Town of Erwin Code of Ordinances 10-11

431 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code operates a rooming house, or who occupies or lets to another for occupancy and any rooming unit in any rooming house, except as provided in the following paragraphs: (a) Water closet, hand lavatory and bath facilities. At least one (1) water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house wherever these facilities are shared. All such facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall be not more than one (1) story removed from any of the persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times. Such required facilities shall not be located in a cellar. (b) Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) occupant shall contain at least fifty (50) square feet of floor area for each occupant twelve (12) years of age and over and at least thirty-five (35) square feet of floor area for each occupant under twelve (12) years of age. (c) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for the sanitary maintenance of every other part of the rooming house. He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained is leased or occupied by the operator. (d) Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by division (a) of this section shall be located within the rooming house and within a room or rooms which afford privacy, are separate from the habitable rooms, are accessible from a common hall, and are accessible without going outside the rooming house or through any other room therein. (Ordinance passed ) Responsibilities of owners and occupants. (a) Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. Town of Erwin Code of Ordinances 10-12

432 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (b) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls. (c) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities. (d) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same. (e) Care of facilities, equipment, and structure. No occupant shall willfully destroy, deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit. (f) The respective responsibilities of landlords and tenants under rental agreements for dwelling units are further enumerated in State law, G.S. Chapter 42, Article 5. (Ordinance passed ) Powers and duties of Public Officer. The Public Officer is hereby designated as the officer to enforce the provisions of this ordinance and to exercise the duties and powers herein prescribed. The Public Officer is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this ordinance. The Public Officer have the following powers and duties: (a) To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this ordinance with respect to the repair, dosing, or demolition of such dwellings and dwelling units; (b) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated; Town of Erwin Code of Ordinances 10-13

433 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (c) To keep a record of the results of inspections made under this ordinance and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed; (d) To administer oaths and affirmations, examine witnesses and receive evidence; (e) To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in accordance with of this ordinance and state law, and shall be made in such manner as to cause the least possible inconvenience to the persons in possession; (f) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to assist in carrying out the purposes of this ordinance, and to delegate any of his functions and powers to such officers, agents, and employees; and (g) To perform such other duties as may be prescribed herein or by the (Board of Commissioners). (Ordinance passed ) Inspections; duty of owners and occupants. (a) For the purpose of making inspections, the Public Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith. The owner or occupant of every dwelling, dwelling unit, rooming house or rooming unit or the person in charge thereof shall give the Public Officer free access to such dwelling and its premises at all reasonable times for the purposes of such inspection, examination and survey. (b) Every occupant of a dwelling, dwelling unit, rooming house, or rooming unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit and its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance or with any lawful order issued pursuant to the provisions of this ordinance. (c) When permission to inspect a dwelling or its premises is denied, the Public Officer must obtain a warrant to inspect. G.S provides for the issuance of warrants for the conduct of inspections authorized by law. The North Carolina Court of Appeals, in In Re Dwelling, 24 N.C. App. 17 (1974), has held that the consent of the tenant-occupant who was in Town of Erwin Code of Ordinances 10-14

434 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code actual possession and control of the premises was sufficient to authorize an inspection without a warrant, notwithstanding the fact that the owner had objected to the warrantless search. When faced with a situation where permission to inspect is denied, Public Officers are advised to seek the advice of the Town Attorney. (Ordinance passed ) Procedure for enforcement. (a) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Public Officer by a public authority or by at least five (5) residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Public Officer, upon inspection, that any dwelling or dwelling unit is unfit for human habitation he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Public Officer at a place therein fixed, not less that ten (10) nor more than thirty (30) days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant in courts of law or equity shall not be controlling in hearings before the Public Officer. (b) Procedure after hearing. (1) After such notice and hearing, the Public Officer shall state in writing his determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether, it is deteriorated or dilapidated. (2) If the Public Officer determines that the dwelling or dwelling unit is deteriorated, he shall state in writing this findings or fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, or improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this ordinance within a specified period of time, not to exceed ninety (90) days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made. Town of Erwin Code of Ordinances 10-15

435 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (3) If the Public Officer determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this ordinance, or else to vacate and remove or demolish the same within a specified period of time not to exceed ninety (90) days. (c) Failure to comply with order. (1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Public Officer to repair, alter, or improve or to vacate and close the same within the time specified therein, or if the owner of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the Public Officer to repair, alter or improve or to vacate and close and remove or demolish the same within the time specified therein, the Public Officer shall submit to the Board of Commissioners at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the Public Officer, as authorized by G.S. 160A-446(g). (2) In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Public Officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding division (c)(1) of this section, the Public Officer shall submit to the Board of Commissioners an ordinance ordering the Public Officer to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Public Officer, and pending removal or demolition, to place a placard on such dwelling as provided by G.S. 160A-443 and of the ordinance. (d) Appeals from orders of Public Officer. (1) An appeal from any decision or order of the Public Officer may be taken by any person aggrieved thereby. Any appeal from the Public Officer shall be taken within ten (10) days from the rendering of the decision or service of the order, and shall be taken by filing with the Public Officer and with the Housing Appeals Board appointed by the Board of Commissioners a notice of appeal which shall specify the grounds upon which the appeals based. Upon the filing of any notice of appeal, the Public Officer shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Public Officer refusing to allow the person aggrieved thereby to do any Town of Erwin Code of Ordinances 10-16

436 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code act, his decision shall remain in force until modified or reversed. When an appeal is from a decision of the Public Officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Public Officer certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day's written notice to the Public Officer, by the Board, or by a court of record upon petition made pursuant to G.S. 160A-446(f) and division (e) of this section. (2) The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Public Officer, but the concurring vote of four (4) members of the Board shall be necessary to reverse or modify any decision or order of the Public Officer. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that -the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. (3) Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the Board, but not otherwise. (e) Petition to superior court by owner. Any person aggrieved by an order issued by the Public Officer or a decision rendered by the Board shall have the right, within thirty (30) days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Public Officer pending a final disposition of the cause, as provided by G.S. 160A446(f). (Ordinance passed ) Town of Erwin Code of Ordinances 10-17

437 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code Methods of service of complaints and orders. Complaints or orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, the Public Officer shall make an affidavit to that effect, and the serving of such complaint or order upon such person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this ordinance in a newspaper having general circulation in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. (Ordinance, passed ) In rem action by Public Officer, placarding. (a) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Public Officer issued pursuant to the provisions of this ordinance, and upon adoption by the Board of Commissioners of an ordinance authorizing and directing him to do so, as provided by G.S. 16OA-443(5) and (c) of this ordinance, the Public Officer shall proceed to cause such dwelling or dwelling unit to be repaired, altered, or improved to comply with the minimum standards of fitness established by this ordinance, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Board of Commissioners, and shall cause to be posted on the main entrance of such dwelling or dwelling unit a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful". Occupation of a building so posted shall constitute a Class 1 misdemeanor. (b) Each ordinance shall be recorded in the office of the Register of Deeds in the county herein the property is located, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160A-443(5). (Ordinance passed ) Town of Erwin Code of Ordinances 10-18

438 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code Costs, a lien on premises. As provided by G.S. 160A-446(6), the cost of any repairs, alterations, or improvements, or of vacating and closing, or removal or demolition, caused to be made or done by the Public Officer pursuant to of this ordinance shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by Article 10, Chapter 160A of the General Statutes. (Ordinance passed ) Alternative remedies. Neither this ordinance nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their statement by summary action or otherwise, or to enforce this ordinance by criminal process as authorized by G.S and of this ordinance, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws Housing Appeals Board. (a) There is hereby created a Housing Appeals Board, which shall consist of the members of the Erwin Planning Board/ Board of Adjustment. (b) Compensation of members. The members of the Housing Appeals Board shall serve without compensation. (c) Chairperson and vice chairperson; right to vote; quorum. The Chairperson and Vice Chairperson or the Planning Board/ Board of Adjustment shall also hold these same positions when acting as the Housing Appeals Board. All persons, including the Chairperson and Vice Chairperson, shall be entitled to vote. A quorum of the Housing Appeals Board shall consist of four/fifths of the Planning Board/ Board of Adjustment membership. (d) Vote required for action. The concurring vote of four/fifths of the members of the Housing Appeals Board shall be necessary to reverse or modify any decision or order of the Public Officer. Town of Erwin Code of Ordinances 10-19

439 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (e) Meetings. The Housing Appeals Board shall meet on the call of the Chairperson or Vice Chairperson and as a result of formal appeal by a property owner of the ruling of the Public Officer. Meetings shall be open to the public and informal. Minutes of meetings shall be accurately recorded. (f) Rules of procedure. The Housing Appeals Board may adopt its own rules and procedures, and all other rules and regulations which may be necessary for the proper discharge of its duties. (Ordinance passed ) (Ordinance of 11/20/00) Conflict with other provisions. In the event any provision, standard, or requirement of this ordinance is found to be in conflict with any provision of any other ordinance or code or the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the Town shall prevail. (Ordinance, passed ) Violations; penalty. (a) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and dose and remove or demolish the same, upon order of the Public Officer duly made and served as herein provided, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense. (b) It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to of this ordinance, to occupy or permit the occupancy of the some after the time prescribed in such order for its repair, alternation or improvement or its vacation and closing. Each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense. (c) The violation of any provision of this ordinance shall constitute a misdemeanor, as provided by G.S (d) In addition to the penalty established by division (c) above, and the remedies provided by other provisions of this ordinance, this ordinance my be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction. (Ordinance passed ) Town of Erwin Code of Ordinances 10-20

440 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code Severability. If any provision of this ordinance is for any reasons held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provision of this ordinance are hereby declared to be severable. (Ordinance passed ) Technical guidelines for the Minimum Housing Code. (a) Plumbing standards: (1) Connection to the city sanitary sewer system where available; otherwise, an approved septic tank. (2) All fixtures operable. (3) No broken water closet bowls. (4) Water closet not loose or leaking. (5) No leaks in shower stall floor. (6) No hopper or vogel bowl toilets. (7) Adequate facilities for furnishing hot water to each tub or shower, lavatory, and kitchen sink. (8) Installed water supply inside building for each dwelling unit. (9) Installed water closet, tub, or shower, lavatory and sink for each dwelling unit. Kitchen sink at least twelve (12) inches x sixteen (16) inches x six (6) inches deep. (10) Separate toilet facilities for each dwelling unit. (11) Toilet and bathing facilities protected from the weather. (12) All water piping protected from freezing by proper installation in protected space. (13) At least three (3) inches minimum size main vent properly installed for each building. (14) Soil and water lines properly supported with no broken or leaking lines. Town of Erwin Code of Ordinances 10-21

441 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (15) Every water closet compartment, floor surface, and bathroom floor surface so constructed or finished as not to permit the entrance or passage of water. (b) Heating standards. (1) All gas and oil heating equipment listed by Underwriters Laboratories, National Warm Air Heating Code, or American Gas Association and installed as approved. (2) As to multi-family housing, liquid fuel to be stored in outside tanks and piped to heating units. (3) No loose bricks in chimney. (4) No hanging masonry chimneys. (5) No holes in flue. (6) Thimbles grouted in tight. (7) Thimbles high enough for stovepipe to rise one-fourth (1/4) inch per foot minimum. (8) Combustible materials shall not be placed within six (6) inches of the edges of a fireplace opening. Combustible material above and projecting more than one and one-half 1-1/2 inches from the face of the fireplace opening shall have a minimum clearance of twelve (12) inches above the opening. (9) Fireplace used only for supplemental heat and not for basic heating. (10) Masonry closure, if fireplace opening closed. (11) Stove within six feet of thimble serving it. (12) No combustible materials within eighteen (18) inches of stovepipe, twelve (12) inches from lath and plaster surfaces. (13) No stovepipe through combustible walls. (c) Electrical standards: (1) The following standards shall apply: a. No receptacles, ceiling fixtures, or other fixtures hanging loose. b. All switches and fixtures safely operable. c. No unsafe wiring. d. No extension cords shall be spliced. e. No circuits shall be overloaded. f. Fuses sized correctly and not bridged out. Town of Erwin Code of Ordinances 10-22

442 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code g. All wiring to be installed shall be in accordance with the National Electric Code and the electrical ordinances of the town. h. All wiring shall be maintained in a safe condition. i. Sufficient outlets for existing usage shall be provided. (2) Where the determination is made, upon examination of the existing electrical service supply, that such electrical service supply is obsolete or is a hazard to the occupants or would otherwise constitute a hazard to life and property, the following shall be used for determining the adequacy of such service supply and main disconnect switch: Capacity of Main Service Total Number of Lighting Supply and Main Electrical Outlets Only Disconnect Switch amp service at 230 volts amp service at 230 volts (3) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately- carry the total load required in accordance with the electrical code of the Town. (d) Structural and general standards. (1) Foundation: a. Beneath the building firm ground, reasonably dry, no soggy ground, no water standing, and no water running under building. b. Sound footing, adequate bearing. c. Sound piers, no loose mortar or building materials. d. There shall be no piers in which plumb line from top center falls outside middle one-third (1/3) of pier base. e. There shall be no isolated solid masonry piers exceeding in height ten (10) times least dimension of pier. f. No wood stiff-knees or other improper piers. Town of Erwin Code of Ordinances 10-23

443 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (2) Exterior walls: a. There shall be no wall in which plumb line from top center of studs fall outside base plate at any point along wall. b. There shall be no studs spaced excessively, minimum: 1. Sixteen (16) inches O.C. where solid sheathing or siding is not used. 2. Twenty-four (24) inches O.C. where solid sheathing or siding is used. c. No studs shall be rotted, fire-damaged, or termite-damaged. d. No broken or cracked structural members. e. All siding weather-tight with no holes, excessive cracks, or rotted boar which permit air to penetrate rooms. f. No loose siding. (3) Roofs: a. No rafters rotted, broken, sagging, or improperly supported ends. All eaves in proper structural condition. b. No rafters seriously fire damaged. c. Rafters shall be properly braced and tied four (4) feet O.C. minimum, when required. d. Attic properly ventilated. e. No rotted, loose, fire-damaged, or sagging sheathing. f. No loose roof covering, no holes, no leaks causing damage to structure or rooms. g. There shall be a minimum of Class C roof covering. h. Proper flashing at walls or chimneys. i. There shall be no roof with more than two (2) coverings. (4) Means of egress. a. Two main exits, each at least thirty (30) inches wide and six (6) feet, eight (8) inches high, easily accessible to the occupants of each dwelling unit. All existing doors easily operable and remotely located. b. Platforms, steps, and/or handrails provided to serve exits and maintained in safe condition. c. Safe, continuous, and unobstructed exit from interior of building to the exterior at street or grade level. Town of Erwin Code of Ordinances 10-24

444 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code (5) Stairs: a. Free of holes, grooves, and cracks large enough to constitute accident. b. Stairwells and flights of stairs more than four (4) risers high shall have rails not less than thirty (30) inches mounted vertically from the nose of the treads to the top of the rail. c. Every rail firmly fastened and maintained in good condition. d. No flight of stairs shall be steeled more than one (1) inch out of its intended position or pulled away from supporting, or adjacent structures. e. Every stair tread uniform in height, sound, and securely fastened in position and strong enough to bear a concentrated load of at least four hundred (400) pounds without danger of breaking through. (6) Porches and appurtenances: a. Foundation, floor, ceiling, and roof equal to standards as set forth except: sills and joists need not be level if providing drainage of floor; floors need not be level if providing for drainage; floors need not be weather-tight; ceiling height may be seven (7) feet and the attic need not be vented. b. Adequate posts and railings, not rotted, broken, or termite-damaged. (7) Interior floor: a. No rotted or termite-damaged sills. b. No broken, overloaded or sagging sills. c. Sills reasonably level. d. Sills properly and sufficiently supported. e. No rotted, fire-damaged, or termite damaged joists. f. No broken or sagging joists. g. Maximum spans for floor joists, providing they show signs of being weak or overloaded, are as follows: 15'8" for 2" x 10" at 16" O.C. 13'1" for 2" x 10" at 24" O.C. 12'3" for 2" x 8" at 16" O.C. 10'3" for 2" x 8" at 24" O.C. 9'4 for 2" x 6" at 16" O.C. 7'9 for 2" x 6" at 24" O.C. h. No two (2) by four (4)-inch floor joists shall be allowed. Town of Erwin Code of Ordinances 10-25

445 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code i. There shall be no joists or sills seriously damaged by fire. j. Flooring weather-tight without holes or excessive cracks which permit air to penetrate rooms. k. Flooring reasonably smooth, not rotten, fire-damaged, or worn through. 1. No loose flooring. m. Floor reasonably level. (8) Interior walls a. Interior finish free of holes and excessive cracks which permit air to penetrate rooms. b. There shall be no walls in which plumb lines from top center or studs fall outside base plate at any point along wall. c. No loose plaster, loose boards, or other loose wall materials. d. No cardboard, newspaper, or other highly combustible or unsafe wall finished. e. There shall be no studs excessively spaced, maximum: 1. Sixteen (16) inches O.C. where plaster or three-eighth (3/8)-inch gypsum wallboard is used. 2. Twenty-four inches O.C. where solid wood, three-eighth (3/8)-inch plywood or one-half (1/2)-inch gypsum wallboard is used. f. No studs shall be rotted or termite damaged. g. No broken or cracked studs or other structural members. (9) Ceilings: a. No joists rotted, broken, sagging, or improperly supported ends. b. Maximum spacing for ceiling joists, provided they show signs of sagging and being weak, are as follows: 1. Sixteen (16) inches O.C. where plaster or three-eighth (3/8)-inch gypsum wallboard is used. 2. Twenty-four inches O.C. where solid wood, three-eighth (3/8)-inch plywood, or one-half (1/2)-inch gypsum wallboard is used. c. Maximum span for ceiling joists, provided they show signs of being weak or overloaded (only attic space above), are as follows: Town of Erwin Code of Ordinances 10-26

446 Part 9 Chapter 10 Minimum Standards of Fitness For Dwelling and Dwelling Units Minimum and Abandoned Housing Code 16' 2" for 2" x 8" at 16" O.C. 10' for 2" x 6" at 24" O.C. 13' 2" for 2" x 8" at 24" O.C. 8' 7 for 2" x 4" at 16" O.C. 12' 3" for 2" x 6" at 16" O.C. 7' for 2" x 4" at 24" O.C. d. There shall be no holes or excessive cracks which permit air to penetrate room. e. No loose plaster, boards, sheetrock, or other ceiling finish. f. There shall be no ceiling joists seriously damaged by fire. g. No cardboard or other highly combustible finishes. (10) Occupancy of dwelling unit below grade: a. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; b. The total of window area in each room is equal to at least the minimum window size as required by 6-51 (1) of the Minimum Housing Code; c. Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and d. The total of openable window area in each room is equal to at least the minimum required under 6-51 (2) of the Minimum Housing Code, except where there is supplied some other device affording adequate ventilation. (Ordinance passed ) Town of Erwin Code of Ordinances 10-27