ALAMANCE COUNTY PLANNING BOARD

AGENDA

Meeting Notes: 1. Those wishing to make public comments should sign-in prior to the meeting. 2. In order to be fair and ensure that all citizens wishing to speak may be heard, the Chair

may place time limits on public comments. 3. Any further discussion by the public on a given agenda item is subject to the discretion of

the Chair of the Planning Board

Planning Director Libby Hodges

Chair Rodney Cheek

Commissioner’s Meeting Room

124 W. Elm Street Graham, NC 27253

April 14, 2016 at 7:00 PM

I. CALL TO ORDER

II. ROLL CALL

III. APPROVAL OF PLANNING BOARD MINUTES

1. March 10, 2016

IV. PUBLIC COMMENTS

V. COMMISSIONER RESPONSES

VI. NEW BUSINESS 1. Telecommunication Tower Application: Hwy 119 Tower (Senator Ralph Scott Parkway/

Kimrey Rd.) 2. Board Appointments:

Debra Hyder, Patterson Township 3. Board Guidance: Procedure for Enforcement and Collection of Citations for the Junked Auto

and Abandoned Mobile Home Ordinances

VII. OLD BUSINESS

VIII. ANNOUNCEMENTS 1. Strategic Plan updates

IX. ADJOURNMENT

1

ALAMANCE COUNTY PLANNING BOARD REGULAR MEETING MINUTES

Thursday, March 10, 2016

7:00 p.m., Board of County Commissioners Room

I. CALL TO ORDER Mr. Cheek called the meeting to order at 7pm. Mr. Cheek announced that the meeting would be reordered due to the number of citizens signed up for public comment.

II. APPROVAL OF PLANNING BOARD MINUTES

1. Meeting minutes for the January 14, 2016 were approved as presented. Motion: Pritchett Second: Balan Vote: Unanimous

III. NEW BUSINESS 1. Waivers

• 2016SW00001 – 10 Federal Storage Z, LLC – Setback Waiver o Staff reviewed application and answered questions about application.

Motion to recommend approval to Board of Commissioners: Dodson Second: Tyree Vote: Unanimous

• 2016SW00002 - Margie Barnette Property – Lot Standards Waiver

o Staff reviewed application and answered questions about application. The surveyor stated the property has been evaluated by Environmental Health and clarified hardship case for property based on existing conditions. Motion to recommend approval to Board of Commissioners: Brooks Second: Balan Vote: Unanimous

IV. PUBLIC COMMENTS

The following citizens addressed the Board (several declined to speak – those names are not listed): 1. Rick Bowman 2. Justin Hager 3. Marc Tetreau 4. Ralph Shreve 5. Brenda Murphy 6. Taylor Murphy 7. Jacqueline McIntyre

Members Present Rodney Cheek Gene Brooks Jody Tyree Cletus Dodson Ravi Balan Edgar Pritchett Ann Meletzke Eddie Boswell

Members Absent Monte Holland Rob Countiss

Staff Present Clyde Albright, County Attorney Libby Hodges, Planning Director

2

8. Richard Show 9. Matt Mathewson 10. Gary Young, Jr. 11. Jason Turner 12. Tony Cox 13. Larry Isley Jr. 14. Brad Allen 15. Red Justice 16. James Brown 17. Mike Dailey

After a lively discussion, track management and homeowner representatives indicated they were willing to work out an agreement for future schedules. Staff was asked to provide a draft of items indicated in by Mr. Mike Dailey that indicated the schedule restrictions on the site that the management was willing to provide. (Staff note: The draft notes were provided to Mr. Bowman and Mr. Dailey on March 21, 2016. This is intended as a draft agreement and does not constitute provision of or involvement in a final agreement between the parties. A full audio recording was made of the meeting.) Mr. Cheek called for a 5 minute recess at 8:45pm.

V. NEW BUSINESS

1. Appointments David Michael Spruill, Burlington Township

Motion to Approve: Brooks Second: Tyree Vote: Unanimous

Debra Hyder, Patterson Township – no action at this time.

2. Review of Board Bylaws and Meeting Procedure Rules. Several minor revisions were recommended by the Planning Board for the Planning Board

Ordinance. The Ordinance with changes was recommended to be presented to the Board of Commissioners.

Motion: Brooks Second: Meletzke/Balan Vote: Unanimous

Planning Board Bylaws were presented for review. The Board moved to approve the recommended changes.

Motion: Meletzke Second: Brooks Vote: Unanimous

After discussion of the Bylaws, further changes were discussed for the Ordinance and the

previous motion was amended to include notification if Board members moved residences. Motion: Brooks Second: Meletzke/Balan Vote: Unanimous

VI. OLD BUSINESS

1. Race Track research was not discussed due to previous public comments and agreement.

VII. ANNOUNCEMENTS 1. Staff announced upcoming Strategic Plan Community Forums:

March 17, Apple St. AME, 6pm.

3

March 23, Realtor’s Association, 9am.

VIII. ADJOURNMENT

1. Mr. Books move to adjourn at 9:40 pm. Second: Countiss Vote: Unanimous

Respectfully Submitted, Libby Hodges Planning Director

Alamance County

PLANNING DEPARTMENT 215 N Graham Hopedale Rd.

Burlington, NC 27217 Tel. (336) 570-4053

1

WIRELESS COMMUNICATION FACILITY – STAFF REPORT

TO: Alamance County Planning Board FROM: Libby Hodges, Planning Director DATE: April 14, 2016 ___________________________________________________________________________________ Following you will find the staff report for the Hwy. 119 (Kimrey Rd./Senator Ralph Scott Parkway) Wireless Communication Facility presented to the Planning Department for review. Please contact me if you have any questions. Thank you, Libby Hodges Planning Director

Alamance County PLANNING DEPARTMENT

215 N Graham Hopedale Rd. Burlington, NC 27217

Tel. (336) 570-4053 WIRELESS COMMUNICATION FACILITY REPORT

2

Case Number: 2016WIR00001 Case Summary

Development Name: Hwy 119 Location: Kimrey Rd./ Senator Ralph Scott Parkway PIN: 172761 Development Type: Telecommunication Tower Tract Size (for waiver): 92 acres Roads: City of Graham Watershed Overlay: N/A

Action Requested: Recommendation to the Board of Commissioners for location of a telecommunications tower on the parcel, including a waiver for a tower less than 1 mile from other existing towers. Information Summary: The applicant is requesting approval of a wireless communication facility at the site.

This approval also includes consideration for a waiver for a tower less than 1 mile from other, existing towers. The tower is stated to be 0.86 miles from 2 adjacent towers. The applicant has provided a justification letter explaining the request. There is currently no separate submittal required for the waiver.

Staff has provided one complete review at this time and will review this submittal for compliance with the Wireless Communication Facilities Ordinance. Additional comments, if any, will be provided at the April 14, 2016 Planning Board meeting.

Charleston

Charlotte

Columbia

Greensboro

Greenville

Hilton Head

Myrtle Beach

Raleigh

4141 Parklake Avenue Suite 200

Raleigh, NC 27612 www.nexsenpruet.com

T 919.786.2764 F 919.890.4553 E TJohnson@nexsenpruet.com Nexsen Pruet, PLLC Attorneys and Counselors at Law

NPRAL1:677841.1

Thomas H. Johnson, Jr. Member

Admitted in NC

NEX SEN|P R U E T

April 6, 2016

VIA EMAIL (libby.hodges@alamance-nc.com) Libby Hodges Planning Director Alamance County Planning Department 215 North Graham-Hopedale Road Burlington, NC 27217

Re: Hwy 119 Proposed Cell Tower Petition for a Waiver from Section 8(a) of the Alamance County Ordinance

Dear Ms. Hodges:

On behalf of TowerCom and Scott Mayo Properties, LLC, please find enclosed the supplement to the Application for a Wireless Telecommunication Facility received by your office on March 11, 2016 in response to the Review Comments dated March 18, 2016.

As support for the supplement to the application are the following responses and documents:

1. Comment 1: Enclosed are the Construction Drawings, RevB, dated 04/04/2016, which have been revised to include a legible vicinity map as well as the notes pages.

2. Comment 2: Please note that the survey included in the Construction Drawings has not been updated and will not reflect the correct parcel information as requested. However, the site plan has been updated with the correct parcel information.

3. Comment 3: The tower height will be 185’ with a 4’ lightning rod. The lease area will be 160’ x 160’ and the compound will be 80’ x 80’. This information has been revised in the documentation.

Libby Hodges April 6, 2016 Page 2

NPRAL1:677841.1

4. Comment 4: The Sabre document is a structural report for the design of the tower and not meant to show specific placement of the antenna arrays. The report indicates that the tower pole has been designed to structurally accommodate 288 s.f. of Verizon’s antennas per Verizon’s specifications at the 178 foot level. The structure will give Verizon the maximum capacity for what it needs for the placement of its antennas but structural report does not show a drawing of the antenna array for Verizon. The construction drawings from Jacobs do show the proposed initial design by Verizon but the final design and placement will be determined by Verizon according to its needs when the antennas and related equipment are added. Any changes from the Jacobs construction drawings will be made by Verizon at the time its installation is permitted. As noted on the structural report, the tower at the top position is designed to meet Verizon’s current and future needs.

5. Comment 5: Enclosed as a separate attachment is a Petition for a Waiver from Section 8(a) of the Alamance County with supporting documentation.

6. Comment 6: Documentation from NC DOT is enclosed. As stated in the e-mail from Charles N. Edwards, Jr., District Engineer for NC DOT Division 7, District 1: “Based on the information you provided, the proposed communication tower site is located beyond the limits of State Maintenance of SR 2657, Senator Ralph Scott Parkway, and abuts the extension of this roadway which is currently under construction and not open to public traffic. Upon completion of construction this segment of the road will be maintained by the City of Graham and subject to their jurisdictional authority.” Access to the site will be over Senator Ralph Scott Parkway, a public road, once completed.

7. Comment 7: An interference letter from Verizon is enclosed.

8. Comment 8: The Construction Drawings have been revised to include the stream with 50’ setbacks.

9. Comment 9: The setbacks from the improvements shown on the property to the south are shown on the revised Construction Drawings.

10. Comment 10: Sheet L-1 has been revised to show 8’ maximum spacing.

11. Comment 11: Sheet L-1 has been revised to correct the type of shrubbery and to show 5’ maximum spacing.

Libby Hodges April 6, 2016 Page 3

NPRAL1:677841.1

If you have any questions, please let me know.

Thank you for your assistance.

Sincerely,

Thomas H. Johnson, Jr. Member Enclosures

cc: Micah Retzlaff (via email) George Davis (via email)

NPRAL1:678156.1

Petition for Waiver of Alamance County Ordinance Section 8(a):

Nexsen Pruet, PLLC, acting on behalf of TowerCom LLC and Scott Mayo Properties, LLC, hereby petitions the Planning Board and Board of Commissioners of Alamance County to waive the requirement that the proposed tower may not be located within one (1) mile of an existing tower.

The property is located on Senator Ralph Scott Parkway, Parcel ID 172761, and is owned by Scott Mayo Properties, LLC.

The proposed tower will be 189 feet tall with a 4 foot high lightning rod. As proposed it will be located .86 miles from an existing tower, less than the 1 mile requirement. The location was chosen to fill a coverage gap for Verizon and as seen on the coverage maps in the document attached as Exhibit A, there are three sectors that are routinely seeing capacity issues (see the red arrows/lines). These 3 individual sectors will be relieved by the addition of the Hwy 119 site as proposed. The capacity issues at these 3 sites, plus the new coverage, will not be accomplished by using the existing tower, the existing tower is too close to two (2) existing Verizon towers.

1. The proposed use will not be contrary to the public interest.

This site has been leased by TowerCom LLC to build a tower to improve Verizon’s coverage in the area. Today, wireless service is considered a public necessity because it is often the sole access that citizens have to emergency services (911) and is regularly used for business, educational, health and safety purposes.

2. The proposed use will not be injurious to nearby properties.

TowerCom is sensitive to the placement of towers and selected this site in an effort to minimize the impact on the surrounding area. The property to the south is being developed for the construction of a warehouse. There is a development to the east that is designated as a warehouse land use and is being developed commercially. The portion of the parcel on which the tower will be located is a heavily wooded and with the proposed landscaping will shield the tower from any adjoining properties. The nearest residence is approximately 1,680 feet away.

Additionally, this tower should enhance the value of a growing part of Alamance County by providing wireless coverage to an area where adequate coverage does not exist. Good service is essential to the commercial businesses and industry in this area. This area needs a stronger wireless signal to provide indoor coverage to the commercial buildings. Commercial and industrial buildings are more substantial than residential and require a stronger signal for adequate indoor coverage. Towers are often located in commercial areas and, where possible, commercial and industrial areas are better choices than residential locations.

NPRAL1:678156.1

3. The spirit and intent of this Ordinance will be observed.

The Ordinance provisions state that the proposed tower may not be located within 1 mile of an existing tower and this tower will be within .86 miles, only .14 miles (739 feet and 2.4 inches) less than the required 1.0 miles. While the distance of 1 mile makes perfect sense in a residential area, the proposed tower is on a large undeveloped rural parcel zoned I-1 with the Warehouse/Industrial as the proposed Land Use and is in an area of the County that is being developed for an industrial park.

Additionally, Verizon determined that there was a need for coverage in a specific area of Alamance County in order to meet the increasing demand for service. Colocation was considered first but, as stated in Exhibit A, which also contains the coverage maps showing the gap of coverage, the existing tower was investigated but it was too close to two (2) existing Verizon sites. A water tank was also examined but it was determined that it was not a feasible site because two existing wellheads were located on the parcel and the State of North Carolina would not approve a backup generator within 100 feet of the wells and this would also apply to propane or natural gas fueled generators. A generator on site is necessary to provide for continuous coverage during a power outage.

The tower will comply with the other provisions of the Ordinance. The tower shall be located at least 1.5x the height from any existing non-owner occupied residential or non-residential structure, there is no residential structure on the parcel, the tower will not be located on top of any residential structure, will not be located on the same lot as an outdoor storage yard, the lot is no smaller than thirty thousand (30,000) square feet, it will not be constructed within a locally- or nationally-designated historic district or located within one thousand (1,000) feet of a locally- or nationally-designated historic district or historic landmark, it will not be constructed within 1.5x the fall zone from a public right-of-way and the siting will comply with the requirements of the National Environmental Policy Act, the Federal Communications Commission, and the Federal Aviation Administration. Although not a requirement of the Ordinance, it will enhance public safety by enabling Verizon’s wireless customers to have access to wireless communications in this part of Alamance County.

Confidential and proprietary material for authorized Verizon Wireless personnel only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.

HWY 119Propagation Maps

Bill Callahan– RF Design Engineer

Confidential and proprietary material for authorized Verizon Wireless personnel only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.

Site Objective

• Design Objective of new site HWY 119 (Capacity Site) is to offload Mebane Sec B, Hwy54_Honda51 Sec A and Walter Andrews Rd sec A.

• Colocation opportunity was examined for an existing tower but its too close to existing Verizon sites. Collocating on water tank is also exhausted.

• High data usage due to increased “smart” phones • Cell sites do not have unlimited capacity and will eventually reach a

point where they are overloaded • If no additional capacity, slower throughput speeds and blocking

occur.

2

Confidential and proprietary material for authorized Verizon Wireless personnel only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.

HWY 119 Capacity Triggers from 3 Sectors

3

Existing Tower

Hwy 119

Confidential and proprietary material for authorized Verizon Wireless personnel only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.

Without HWY 119 at 180 feet

4

Confidential and proprietary material for authorized Verizon Wireless personnel only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.

With HWY 119 at 180

5

Structural Design Report

185' Monopole

Site: Hwy 119, NC

Prepared for: TOWERCOM ENTERPRISES LLC

by: Sabre Towers & Poles TM

Job Number: 139106

March 8, 2016

Monopole Profile……………………………………………………………………………………….1

Foundation Design Summary (Preliminary) (Option 1)…………………………… 2

Foundation Design Summary (Preliminary) (Option 2)…………………………… 3

Pole Calculations……………………………………………………………………………………….4-14

Foundation Calculations……………………………………………………………………………………….15-22

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Page 1

PRELIMINARY -NOT FOR CONSTRUCTION-

6). The foundation is based on the

following factored loads:

ACI 318-11.

3). All rebar to have a minimum of 3"

concrete cover.

5). The foundation design is based on

presumptive clay soil as defined in ANSI/TIA-

222-G-2005. It is recommended that a soil

analysis of the site be performed to verify

the soil parameters used in the design.

1). Concrete shall have a minimum

Customer: TOWERCOM ENTERPRISES LLC

Antenna Loading per Page 1

Site: Hwy 119, NC

185' Monopole at

90 mph Wind with no ice and 30 mph Wind with 0.75 in. Ice per ANSI/TIA-222-G.

28-day compressive strength of

Notes:

4500 PSI, in accordance with

By: BD

No.: 139106

Date: 3/8/16

7101 Southbridge Drive - P.O. Box 658 - Sioux City, IA 51102-0658 - Phone 712.258.6690 - Fax 712.279.0814

Information contained herein is the sole property of Sabre Towers & Poles, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be

reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Towers & Poles.

Rebar Schedule per Pad and Pier

Pad(59) #8 horizontal rebar evenly spaced each

way top and bottom (236 total)

Moment (kip-ft) = 6403.9

Axial (kips) = 70.22

Shear (kips) = 42.68

Pier

(48) #8 vertical rebar w/ hooks at bottom w/

#5 ties, two within top 5" of top of pier then

12" C/C

2). Rebar to conform to ASTM specification

A615 Grade 60.

4). All exposed concrete corners to be

chamfered 3/4".

7). 4.25 ft of soil cover is required over the

entire area of the foundation slab.

Grade

28'-6"

ELEVATION VIEW

(61.49 Cu. Yds.)

(1 REQUIRED; NOT TO SCALE)

6'-0"

1'-9"

0'-6"

4'-3"

8'-0"

Dia.

Two (2) #5 ties within top 5" of concrete

Page 2

PRELIMINARY -NOT FOR CONSTRUCTION-

1). Concrete shall have a minimum

28-day compressive strength of

4500 PSI, in accordance with

ACI 318-11.

6). The foundation is based on the

following factored loads:

Customer: TOWERCOM ENTERPRISES LLC

No.: 139106

Shear (kips) = 42.68

Date: 3/8/16

By: BD

3). All rebar to have a minimum of 3" concrete

cover.

4). All exposed concrete corners to be

chamfered 3/4".

Site: Hwy 119, NC

5). The foundation design is based on

presumptive clay soil as defined in ANSI/TIA-

222-G-2005. It is recommended that a soil

analysis of the site be performed to verify the

soil parameters used in the design.

Rebar Schedule per Pier

Pier(38) #10 vertical rebar w/#5 ties, two within

top 5" of pier then 8" C/C

Moment (kip-ft) = 6403.9

Axial (kips) = 70.22

7101 Southbridge Drive - P.O. Box 658 - Sioux City, IA 51102-0658 - Phone 712.258.6690 - Fax 712.279.0814

Information contained herein is the sole property of Sabre Towers & Poles, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be

reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Towers & Poles.

185' Monopole at

Antenna Loading per Page 1

Notes:

90 mph Wind with no ice and 30 mph Wind with 0.75 in. Ice per ANSI/TIA-222-G.

2). Rebars to conform to ASTM specification

A615 Grade 60.

Grade

ELEVATION VIEW

(54.88 Cu. Yds. each)

(1 REQUIRED; NOT TO SCALE)

38

'-6

"

0'-6"

38'-0"

7'-0"

Dia.

Two (2) #5 ties within top 5" of concrete

Page 3

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

5449 BELLS FERRY ROAD

ACWORTH, GEORGIA 30102

PHONE: 770-701-2500

FAX: 770-701-2501

8921 RESEARCH DRIVE

CHARLOTTE, NORTH CAROLINA 28262

5611 NC HWY 55, SUITE: 201

DURHAM, NORTH CAROLINA 27713

1

Gordon, Anne T.

From: Edwards, Charles N <cnedwards@ncdot.gov>Sent: Thursday, March 24, 2016 2:05 PMTo: Plummer, KristenCc: Frankie Maness; Nathan Page; Smith, Toyia C; Kyle SmithSubject: RE: Senetor Ralph Parkway: VZW Hwy119Attachments: Hwy119_LE_R9_030716_Signed.pdf; HIGHWAY 119 MELVILLE TOWNSHIP-

Survey_S&S.PDF

Kristen,  In follow up to our conversation, based on the information your provided, the proposed communication tower site is located beyond the limits of State Maintenance of SR 2657, Senator Ralph Scott Parkway, and abuts the extension of this roadway which is currently under construction and not open to public traffic. Upon completion of construction this segment of the road will be maintained by the City of Graham and subject to their jurisdictional authority. I recommend that you contact City of Graham staff regarding local approvals for the proposed installation and access to the property. Given that traffic generation attributable to communication tower sites is typically negligible, I do not anticipate any adverse traffic impacts to the State Highway System. Feel free to contact me if you have any questions.    Charles N. Edwards Jr., PE (Chuck) District Engineer N. C. Department of Transportation Division of Highways Division 7, District 1   336 570 6833  cnedwards@ncdot.gov    115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253   

  Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.  

From: Plummer, Kristen [mailto:Kristen.Plummer@jacobs.com] Sent: Thursday, March 24, 2016 11:45 AM To: Edwards, Charles N Subject: FW: Senetor Ralph Parkway: VZW Hwy119    Kristen Plummer | Jacobs | Project Manager │SER Telecom | 678-460-1428 direct | 678.333.8074 mobile | 678.494.1131 fax | 5333 Bells Ferry Rd, Suite 200 Acworth, GA 30102 | kristen.plummer@jacobs.com | www.jacobs.com 

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From: Plummer, Kristen Sent: Wednesday, March 16, 2016 2:57 PM To: 'cnedwards@ncdot.com' Subject: Senetor Ralph Parkway: VZW Hwy119  Good Afternoon Chuck, Thank you for taking my call.  As discussed attached is the site plan and survey for VZW site Hwy 119.  We are looking for confirmation that the proposed access driveway location will not adversely affect traffic along the new road.  If you could kindly confirm this it will be greatly appreciated!  Please let me know if you need any additional information.  Thank you,  Kristen Plummer | Jacobs | Project Manager │SER Telecom | 678-460-1428 direct | 678.333.8074 mobile | 678.494.1131 fax | 5333 Bells Ferry Rd, Suite 200 Acworth, GA 30102 | kristen.plummer@jacobs.com | www.jacobs.com  

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Alamance County

PLANNING DEPARTMENT 215 N Graham Hopedale Rd.

Burlington, NC 27217 Tel. (336) 570-4053

Page 1 of 5

INFORMATIONAL MEMORANDUM

TO: Rodney Cheek, Planning Board Chair

FROM: Libby Hodges, Planning Director DATE: April 14, 2016

SUBJECT: Procedure for Enforcement and Collection of Citations for the Junked Auto and

Abandoned Mobile Home Ordinances ______________________________________________________________________________

Mr. Cheek, The Planning Department is requesting guidance from the Planning Board regarding enforcement timing and collection of citation fines. We have a number of cases that are in progress now that will require additional action soon. We are specifically requesting review of procedures for the Removal of Abandoned, Junked, and Nuisance Motor Vehicles on Public Grounds and Private Property (Junked Auto Ordinance) and the Ordinance Regulating the Dead Storage of Manufactured Homes (Abandoned Mobile Home Ordinance). Following is an outline of the current procedure and items needing guidance. Your assistance with clarifying the Planning Department’s duties in regards to enforcement of the County’s ordinances is greatly appreciated. Please contact me if you have any questions. Thank you, Libby Hodges Planning Director cc Planning Board Jessica Dockery, Planner

Ben Pierce, Assistant County Attorney

Alamance County

PLANNING DEPARTMENT 215 N Graham Hopedale Rd.

Burlington, NC 27217 Tel. (336) 570-4053

Page 2 of 5

General Code Enforcement Procedure Generally, most code enforcement cases follow this general process:

• Receipt of Complaint or Case Discovery This can be through email, phone, verbally, through other County employees, or

through the website. We do not require those complaining to leave contact information.

If the case is discovered in the field, we will initiate the enforcement case ourselves.

The case is entered into Central Permitting (our internal data tracking software). • Investigation

A member of the Planning staff generally will visit the site within 5 business days or less.

Staff will document site conditions (generally in photos), including verifying that the property is in violation of any of the Ordinances we currently enforce.

Staff uploads documentation and logs investigation information into Central Permitting

If no ordinance violation is found, the case is closed and the complainant (if requested) is notified.

• Notification & Case Management If a violation is found, the owner of the property is notified with a certified letter.

A letter via regular mail is sent concurrently with the same materials to verify that the address is accurate and active. If both letters are returned, staff attempts to find a valid address through the tax department or other means.

If clarification is needed with the property owner, we generally will send a letter via first class mail requesting that they contact the office as soon as possible.

If the owner of a property in violation of contacts the Planning Department to discuss the violation, the department often works with the owners to bring a property into compliance through the use of “Plans of Compliance.” These plans set deadlines and goals that provide a longer timeline to bring properties into compliance than those set by the ordinances while acknowledging the violation, but are largely successful.

The property is monitored weekly (or at the agreed interval per Plan of Compliance) for compliance. Each investigation is entered into Central Permitting for tracking purposes.

• Case Closure If the property is found to be in compliance, staff will issue a letter stating the

date of investigation and status of the property. Staff requests guidance on protocol for issuance of citations and other legal

proceedings for properties not in compliance.

Alamance County

PLANNING DEPARTMENT 215 N Graham Hopedale Rd.

Burlington, NC 27217 Tel. (336) 570-4053

Page 3 of 5

It is currently the goal of the Planning Department’s code enforcement to educate homeowners and allow homeowners to bring properties into compliance. However, the general case procedures are effective only if owners contact the department or are willing to be compliant. Staff seeks guidance for those owners that choose not to bring their properties into compliance. Following are items staff would like to bring the Board’s attention regarding enforcement. Each ordinance provides a different procedure for abatement/penalties. Abandoned and Junked Motor Vehicle Ordinance

1) “Section 18. Civil Penalties. In addition to other remedies cited herein or otherwise provided by state law, this Ordinance may be enforced by the issuance of civil citations to the owner of the abandoned, junked, and/or nuisance vehicle and the owner of the property upon which the vehicle is placed.”

Aside from having the vehicles towed from the property and following the notification process outlined, the Ordinance does not clarify any procedure for citations or amounts of citations as in some other ordinances. Staff would like clarification if the Board would like to set an amount and procedure for citation rather than towing and removal. 2) “Section 7. Application.

(a) A property owner may store three (3) junked motor vehicles, as defined by this ordinance, on a given parcel of land at any time, provided that the vehicle does not pose an immediate threat to public health or create a public safety hazard. Junked motor vehicles shall be kept behind the main structure or house located on the property and shall be covered with a “Car Cover”, as defined by this ordinance, or with a heavy canvass covering that is properly secured.

The Ordinance does not provide a definition for a “Car Cover.” Staff requests guidance on this definition.

3) “Section 5. Definitions (b) Antique Motor Vehicle. A motor vehicle, but not a reproduction thereof, manufactured more than twenty-five (25) years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored, or will be maintained in or restored, to a condition which is substantially in conformity with the manufacturer’s specifications and appearance, and is listed for ad valorem taxes in Alamance County.”

Alamance County

PLANNING DEPARTMENT 215 N Graham Hopedale Rd.

Burlington, NC 27217 Tel. (336) 570-4053

Page 4 of 5

The Junked Auto Ordinance allows for antique cars listed for ad valorem taxes to remain on the property. Staff requests guidance if the Board believes current regulations are sufficient. The full text of the ordinance is found here: http://www.alamance-nc.com/commissioners/wp-content/uploads/sites/2/2013/10/Abandoned_and_Junked_Motor_Vehicle_Ordinance.pdf Abandoned Mobile Home Ordinance The Ordinance states, in part: “ (b) This chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction upon application therefore by the County. (c) This chapter may be enforced by any one (1) or more of the remedies authorized by this section and also may be enforced by compelled corrective action through the issuance of civil summons, by obtaining an order of abatement, injunctions, compliance bonds, or other remedies provided by applicable state law. (d) Each day of continuing violation of or failure to comply with this chapter by any owner of a mobile home shall be a separate and distinct violation or failure to comply which is subject to any one (1) or more of the remedies authorized by this section including but not limited to the non-conformance fee of ($50.00) per day.” Methods of enforcement include Civil Fines (up to $500 per day), Orders of Abatement by local magistrate, or Staff requests guidance to determine which method of enforcement is recommended by the Board. Section 3(d) of the Abandoned Mobile Home Ordinance refers to a non-conformance fee of $50 per day; however, the fee chart in Section 3(h) notes a $500 per day fee after the third citation is issued. It is assumed this is a typo. Staff requests guidance to revise properly. The department encourages owners of mobile homes in violation of the Dead Storage of Mobile Home Ordinance to apply for the Abandoned Mobile Home Removal Grant. If owners do so, the department considers the complaint resolved unless the owners refuse to participate in the program. Additionally, Sections 37 and 39 of the Ordinance require that a Notice of Violation be affixed on the mobile home that is in violation of the ordinance. As the Planning Department is a small office, the staff person charged with code enforcement is almost always making site visits on their own. Staff feels that it is unsafe to go onto private property alone and would like to request that this stipulation be removed from the Ordinance.

Alamance County

PLANNING DEPARTMENT 215 N Graham Hopedale Rd.

Burlington, NC 27217 Tel. (336) 570-4053

Page 5 of 5

The full text of the Ordinance is available here: http://www.alamance-nc.com/commissioners/wp-content/uploads/sites/2/2013/10/Manufactured_Home_Dead_Storage_Ord_121707.pdf