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Home My WebLink AboutJune 11, 2024 Regular Session MeetingAGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 June 11, 2024 6:00pm CALL TO ORDER MAYOR GLENN MCFADDEN WELCOME MAYOR GLENN MCFADDEN PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN INVOCATION COMMISSIONER MARSHALL PAGE CONSIDERATION OF AGENDA PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or interest to the Commissioners. It is requested that citizens limit their presentations to three (3) minutes. CONSENT AGENDA All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately. Item #1 Item #2 Item #3 Item #4 Item #5 Item #6 Item #7 Approval of Work Session Minutes from May 13, 2024 Approval of Closed Session Minutes from May 13, 2024 Approval of Regular Session Minutes from May 14, 2024 Approval of Special Meeting Minutes from May 23, 2024 Approval of FY23-24 Budget Amendment #8 Approval of Computer Services Agreement between the Town of Lillington and County of Harnett Approval of Equipment Lease (Viper Radios) Agreement between the Town of Lillington and County of Harnett Town of Lillington | 2 PUBLIC HEARING Item# 8 Public Hearing for Consideration of Approval of Proposed Fiscal Year (FY) 2024- 2025 Town of Lillington Annual Budget per § 159-13. Joseph Jeffries, Town Manager Item #8A Consideration of Approval of FY2024-2025 Budget Ordinance. Joseph Jeffries, Town Manager Item #9 Public Hearing on the Closure of East Duncan Street, East Edgar Street and Marcelle Brown Jr. Way for the Town of Lillington July 4th Celebration Lindsey Lucas, Town Clerk Item #9A Consideration of Approval of the Closure of East Duncan Street, East Edgar Street and Marcelle Brown Jr. Way for the Town of Lillington July 4th Celebration Lindsey Lucas, Town Clerk Item #10 Public Hearing on the Question of Annexation of the non-contiguous Satellite Area PIN #: 0662-90-5908.000. Case Number ANX-24-03 – G&J Development, LLC. Lindsey B. Lucas, Town Clerk Item #10A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington – G&J Development, LLC Lindsey B. Lucas, Town Clerk Item #11 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits – G&J Development Landon Chandler, Planning Director Item #11A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits – G&J Development, LLC Landon Chandler, Planning Director Item #12 Public Hearing on Consideration of Text Amendment to Article I of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #12A Consideration of Approval of the Text Amendment to Article I of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #13 Public Hearing on Consideration of Text Amendment to Article III of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #13A Consideration of Approval of the Text Amendment to Article III of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Town of Lillington | 3 Item #14 Public Hearing on Consideration of Text Amendment to Article X of the Lillington Unified Development Ordinance Landon Chandler, Planning Director Item #14A Consideration of Approval of the Text Amendment to Article X of the Lillington Unified Development Ordinance Landon Chandler, Planning Director NEW BUSINESS NON-AGENDA ITEMS Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled items that need consideration by the Board. ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Lindsey B. Lucas, Town Clerk Lisa B. Young, Assistant Town Manager Joseph Jeffries, Town Manager Alicia Adams, Administrative Services Director AGENDA ITEM Consent Agenda Items ITEM SUMMARY All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately: Item #1 Item #2 Item #3 Item #4 Item #5 Item #6 Item #7 Approval of Work Session Minutes from May 13, 2024 Approval of Closed Session Minutes from May 13, 2024 Approval of Regular Session Minutes from May 14, 2024 Approval of Special Meeting Minutes from May 23, 2024 Approval of FY23-24 Budget Amendment #8 Approval of Computer Services Agreement between the Town of Lillington and County of Harnett Approval of Equipment Lease (Viper Radios) Agreement between the Town of Lillington and County of Harnett RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-7 Lillington Board of Commissioners May 13, 2024 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, May 13, 2024 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Rupert Langdon Commissioner Marshall Page Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk Alicia Adams, Administrative Services Director John Bethune, Fire Chief Landon Chandler, Planning Director Shane Cummings, Engineer Brian Hyde, Senior Infrastructure Inspector Ashley Wimberly, Public Works Director William Baker, Parks and Recreation Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Call a Special Meeting for a Budget Work Session Mayor Glenn McFadden called a Special Meeting for a Budget Work Session on May 23, 2024 at 8:30 a.m. Item #2 Water Model Presentation Mayor Glenn McFadden recognized Jay Meyers, Meyers Engineering. Mr. Meyers presented the Water Model Presentation to the Board. There are a lot of new subdivisions coming to the area so the purpose of the presentation is to make sure the water system can provide the service and have enough water to serve them. Discussions were continued, Item #3 Discussion Regarding the 10th Street Bypass Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries stated he and Landon Chandler, Planning Director, had a conversation with Ritche Hines with NCDOT regarding the 10th Street Bypass. Mr. Jeffries explained it would be a free-flowing traffic situation. The Board discussed and came to the consensus that before starting this project they want to get done with what we have going on now. Item #4 Discussion Regarding Golden Leaf Downtown Stormwater Project Mayor Glenn McFadden recognized Alicia Adams, Administrative Services Director. Ms. Adams explained the purpose of this item is to discuss the Golden Leaf Downtown Stormwater Project. The Town applied for a grant for the Harnett Street Stormwater Improvements. The Lillington Board of Commissioners May 13, 2024 Work Session Meeting Minutes proposed project will have a strong focus on downtown Lillington and has a total drainage impact of approximately ten (10) acres. The project will include storm drainage capture from S 9th Street, S 8th Street, N 8th Street, S Main Street, W Front Street (US 421), and S Main Street. The proposed project budget is $1,300,000.00. The project also encompasses the major stormwater improvements for revitalization of downtown. This project is critical to improving downtown. Golden Leaf has reviewed the Town’s application and is requesting the Town to make a financial commitment to the project. The Golden Leaf representative explained this will make our application more competitive and more likely to be awarded. They have requested the Town provide them with a response before their next meeting, which will be held June 5th and 6th. Our Board does not meet again until after those dates. The Board discussed and decided to make a financial commitment of $250,000 to the project. Commissioner McPhail made a motion stating the Town would make a financial commitment of $250,000 to the project. Commissioner Langdon seconded the motion that passed unanimously. Item #5 Consideration of Board of Adjustment Appointments Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated that two applications had been submitted for appointment to the Board of Adjustment. The applicants were Janice Arnold and Kenneth Atkins. The appointment term would be for 3 years ending May 2027. Commissioner McPhail made a motion to approve the appointments to the Board of Adjustment. Commissioner Moss seconded the motion that passed unanimously. Item #6 Administrative Reports Capital Projects Update- Mayor Glenn McFadden recognized Alicia Adams, Administrative Services Director. Mr. Jeffries went over the following updates; SCIF Grants Downtown Facilities Stewart, Inc. is continuing to work on the construction drawings for Downtown. Staff has received cost estimates from Duke Energy for relocation of utilities. The Town has entered into a contract with Duke Energy including a non-refundable deposit of $90K. This will provide the Town with the actual cost for construction for underground utilities. Staff is continuing to work closely with Ducke Energy and Pike to work through construction plans. McAdams is continuing to explore alternatives for stormwater retention Downtown as requested by the Lillington Board of Commissioners at the October 23, 2023 Special Meeting. Additional surveying of Main Street has been requested by Duke Energy and staff is working with the surveyor to determine needed locations. Stormwater Resiliency Funds Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. Staff has received all of the funding to begin the project. Lillington Board of Commissioners May 13, 2024 Work Session Meeting Minutes Projects: 1. Downtown Stormwater Improvements • Design construction documents have been submitted to the Town and are currently under review. • Subsurface exploration has commenced, and private utility locating has been completed for necessary scoped work. • An on-site meeting will take place to make determinations on constructability and potential conflicts. McAdams will invite Town staff to join in field visits and coordination discussions. • Consultants are coordinating with the railroad RJ Corman to put in an additional crossing. 2. Duncan Street • Under construction 3. Railroad Crossing • Began Final Design and construction documents. McAdams will provide preliminary plan set to the Town for review before submitting to RJ Corman. • Ongoing coordination with RJ Corman (Railroad) for encroachment documentation and permitting for working within their R/W. 4. 13th Street Reservoir • McAdams is recommending upsizing the northernmost culvert crossing on S 13th Street to dual RCBC box culverts to eliminate roadway overtopping for the 10 and 25-Year design storms. Although this recommendation is a slight deviation from the 15’W x 6’H RCBC, which is listed as the preferred design alternative (#2) in the previous Town of Lillington Stormwater Assessment, it will better maintain existing stream geometry and lend to more feasible construction and procurement of materials. • Construction Drawings are close to completion. • Easement acquisition will be necessary for completion of the project. Golden Leaf Application Stormwater Harnett Street Project Description: The proposed storm drainage improvements would include removal and replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm Lillington Board of Commissioners May 13, 2024 Work Session Meeting Minutes runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service of the storm drainage system. In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future maintenance and inspections. The probable cost of this project is $1.3 million, staff requested full funding for the project. Staff met with Golden Leaf on site on March 19th. They have requested additional information from staff that we are working with business owners in the area to complete. The Golden Leaf Foundation reached out to staff April 4th and explained the Board of Directors took no action on the flood mitigation application. Golden Leaf Staff explained that the project is still eligible for an award and will be brought to the Board at the June Board meeting. They explained the board acted on very few projects at their meeting and that receiving no action is not an indication that the project will not be awarded. The Golden Leaf Board will meet again June 5th and 6th to consider projects again. North Carolina Emergency Management Transportation Infrastructure Resiliency Grant The Town was awarded a grant from the North Carolina Emergency Management Transportation Infrastructure Resiliency Program for $790,000. Staff issued a Notice of Award to Narron Contracting, Inc. and the project is currently under construction. Staff requested an extension, it was approved, and the new completion date is June 30, 2024. Installation of the new storm drainpipe and drop inlet along the roadway is complete. Installation of fencing, curb gutter, sidewalks, and paving will be the next phase of construction. Duncan Street will remain closed. We have expended the construction portion of the Emergency Management Transportation Infrastructure Resiliency Grant and will finish off the project with Flood Resiliency and Powell Bill Funds. The contractor completed the water mina tie overs and abandonment of the existing 6 inch asbestos concrete water main along E Duncan Street last week. Contractor has begun grading and stabilization of subgrade for the future curb and parking areas. Curb construction is scheduled to begin this week. The project is scheduled to be complete the first week of June. Fire Station #3 The Town staff has received their third schematic layout of the Fire Station and are continuing to work closely with Bobbitt. Below is the layout of the interior of the fire station. Bobbitt provided architectural standards for the facade of the station and staff is scheduled to meet with them May 15th to discuss next steps. ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a.Hwy 210 Sewer line Project Lillington Board of Commissioners May 13, 2024 Work Session Meeting Minutes Temple Grading signed the NTP August 14, 2023. Construction has begun and is on- going. The contractor is continuing to install the 8-inch force main along NC Hwy 210 North, over 50% of the force main has been installed to date. The pump station site clearing has been completed and the contractor is expected to begin installing the pump station wet well next month. The contractor has presented two change orders to the Town; changer order 1 for the additional contract time (89 calendar day increase) due to the Crested Iris design change to connect to the HRW collection system and outside agency concurrence, change order 2 is for the cost to complete the work at Crested Iris Drive to make the HRW sewer connection as demonstrated on the latest design drawings ($156,801.56 and 30 calendar day increase to contract time). b. Poorhouse Creek Staff met with Meyers Engineering on May 9th to review the final construction plans and comments. Contract documents are under review by staff. Easement acquisition will be completed by the end of July. The project will go out for bid in late August or early September. Staff is hopeful that the construction contract will be approved by November. LASII Grant Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program. The activities that the Town seeks to accomplish with the funding that the utility will provide include: • Increasing the flood resiliency of the transportation system in and through the Town; • Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues; • Handling critical maintenance needs and operations; and • Meeting planning and implementation needs. Staff will submit a scoping document for the project due by June 3rd. Once approved DWI will send the grant agreement and the standard acceptance of funding resolution. S.L. 2023 Appropriated Funds The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for the funds is $331,875.00. Available funds remaining are $10,730,625. Additional Proposed projects with remaining funds: 1. Water Tank $4.5 million 2. Downtown utility rehabilitation approximately $3.1 million 3. WWTP project $3.1 million Staff completed request for funding forms to the Division of Water. Following completion of the required documents staff can begin the projects. Lillington Board of Commissioners May 13, 2024 Work Session Meeting Minutes Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures, and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill Fund for the month of April. Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries stated the repair of the Community Center should be finished in the next couple weeks. He informed the Board that a Budget Amendment had been put in for approval to remove the light pole at the ball parks, it has been leaning for a while and there are safety concerns. Mr. Jeffries also let the Board know that the ballpark playground is taped off due to safety concerns there as well. Discussions were continued. Item #6 Discussion of Regular Meeting Agenda for May 14, 2024 Mayor Glenn McFadden reviewed the Agenda for the May 14, 2024, Regular Meeting. Commissioner Babb made a motion to go into Closed Session per §143-318.11(a)(5). Commissioner McPhail seconded the motion that passed unanimously. Commissioner McPhail made a motion to come out of Closed Session. Commissioner Page seconded the motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Moss and a second by Commissioner Langdon. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners May 14, 2024 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, May 14, 2024 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Marshall Page Commissioner Rupert Langdon Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey B. Lucas, Town Clerk Alicia Adams, Administrative Services Director Landon Chandler, Planning Director Frank Powers, Police Chief William Baker, Parks & Recreation Director Shane Cummings, Town Engineer Tony Buzzard, Town Attorney Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed those in attendance at 6:00 p.m. Invocation: Commissioner Page held the invocation. Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by the Town Board. Commissioner Page moved to approve the agenda as presented. The motion was seconded by Commissioner McPhail and approved unanimously. (Minute Book Notation: Agenda is on file at Lillington Town Hall). Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the Town Board. No one was signed up Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner Babb and the following consent agenda items were approved unanimously. Lillington Board of Commissioners May 14, 2024 Item #1 Work Session Minutes from April 8, 2024 Item #2 Closed Session Minutes from April 8, 2024 Item #3 Regular Session Minutes from April 9, 2024 Item #4 Special Meeting Minutes from April 10 & 11, 2024 Item #5 FY23-24 Budget Amendment #7 Item #6 Approval of MOU between Capital Area Metropolitan Planning Organization and the Town of Lillington Item #7 Approval of Master Services Agreement for Professional Services with KCI Associates of NC, P.A. Item #8 Approval of Right of Way Encroachment Agreement between Town of Lillington and Piedmont Natural Gas – West Duncan Street Item#9 Approval of Right of Way Encroachment Agreement between Town of Lillington and Conterra Ultra Broadband, LLC – at existing pole on 816 Main Street Item#10 Approval of Right of Way Encroachment Agreement between Town of Lillington and Conterra Ultra Broadband, LLC – at existing pole on 31 West Front Street Item#11 Approval of Lillington Town Attorney Contract Item #12 Approval of Contract to Audit Accounts Item #13 Approval of Agreement between Flatwoods Fire Department EMS Station and Town of Lillington Old Business Item #14 Consideration of Approval of Ordinance to Extend the Corporate Limits of the Town of Lillington (Capeton, LLC) Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas explained that at the last board meeting on April 9, 2024 the consideration of approval for this annexation was tabled to today’s meeting. Ms. Lucas then explained that Ben Taylor with Greenfield Communities sent Landon Chandler an email today formally withdrawing their annexation application, therefore consideration of approval on this property was no longer needed. Commissioner Page made a motion to accept the withdrawal of the annexation application. Commissioner McPhail seconded the motion that passed unanimously. Lillington Board of Commissioners May 14, 2024 Item #15 Consideration of Approval of an Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits. (Capeton, LLC) Mayor Glenn McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained that at the last board meeting on April 9, 2024 the consideration of approval for this zoning request was tabled to today’s meeting. Mr. Chandler then explained that Ben Taylor with Greenfield Communities sent him an email today formally withdrawing their zoning request application, therefore consideration of approval on this property was no longer needed. Commissioner Page made a motion to accept the withdrawal of the zoning application. Commissioner Moss seconded the motion that passed unanimously. PUBLIC HEARING Item #16 Public Hearing for Consideration of a Resolution Adopting a Water and Wastewater Allocation Policy Mayor Glenn McFadden opened the Public Hearing at 6:05 p.m. Mayor Glenn McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings stated the purpose of this policy is to establish a procedure by which the Town of Lillington fairly and reasonably allocates the Town’s available water and wastewater distribution, collection, conveyance and treatment services to developments that request Town utility service(s). The Town seeks to grant water and wastewater allocations in a way that supports economic growth, job creation, strengthened tax base, high quality development, and maximum efficiency of infrastructure and service delivery. With no additional comments, Mayor McFadden closed the Public Hearing at 6:06 p.m. Item #16A Consideration of Approval of a Resolution Adopting a Water and Wastewater Allocation Policy A motion was made by Commissioner Page to approve a Resolution Adopting a Water and Wastewater Allocation Policy. The motion was seconded by Commissioner Langdon and approved unanimously. NEW BUSINESS Item #17 Consideration of Resolution Directing the Town Clerk to Investigate a Non- Contiguous Satellite Annexation Petition Received Under General Statue §160A-58.1 from Harold T. Butts, Jr. Mayor McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated for your Consideration is a Resolution Directing the Town Clerk to Investigate a non-contiguous Satellite Annexation Petition Received Under General Statute §160A-58.1 from Harold T. Butts, Jr.. The Annexation Petition was received on April 8, 2024. The non-contiguous annexation of 31.907 acres of the property identified as PIN #: 0662-90-5908.000 located off Harnett Central Road situated in Harnett County. A motion was made by Commissioner McPhail to approve the Resolution Directing the Town Clerk to Investigate a non-contiguous Satellite Annexation Petition Received Under General Lillington Board of Commissioners May 14, 2024 Statute §160A-58.1 from Harold T. Butts, Jr.. The motion was seconded by Commissioner Page and approved unanimously. For the Record: The Town Clerk does hereby certify an investigation has been completed of the petition for the non-contiguous annexation of 31.907 acres of the property identified as PIN #: 0662-90-5908.000 located off Harnett Central Road in the County of Harnett. The petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. §160A-58.1 Item #18 Consideration of Resolution Fixing Date of Public Hearing for June 11, 2024, on Question of Annexation, Pursuant to G.S. §160A-58.1 as Requested by Harold T. Butts, Jr. for Property Identified as PIN#:0662-90-5908.000. Mayor McFadden recognized Lindsey Lucas. Ms. Lucas stated for your Consideration is a Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A- 58.1 as Requested by Harold T. Butts, Jr. for Property Identified as PIN #:0662-90-5908.000. Consideration of Resolution Fixing Date of Public Hearing for June 11, 2024, on Question of Annexation, Pursuant to G.S. §160A-58.1 as Requested by Harold T. Butts, Jr. for Property Identified as PIN#: 0662-90-5908.000 on June 11, 2024, at 6:00 pm. A motion was made by Commissioner Page to approve the Resolution Fixing Date of Public Hearing for June 11, 2024, at 6 pm, on Question of Annexation, Pursuant to G.S. §160A-58.1 as Requested by Harold T. Butts, Jr. for Property Identified as PIN #: 0662-90-5908.000. The motion was seconded by Commissioner Babb and approved unanimously. Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. Mayor Pro Tempore Neil McPhail stated that an alternate needed to be elected for the CAMPO Board in the event he can’t make it to a meeting. Commissioner Babb volunteered to be the alternate elected official for that board. Commissioner Langdon made a motion to approve Commissioner Babb as the alternate elected official on the CAMPO Board. Commissioner Langdon seconded the motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Langdon and a second by Commissioner Babb. Attest: ____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners May 23, 2024 Special Meeting/Budget Work Session Minutes Special Meeting of the Town Board of the Town of Lillington, Thursday, May 23, 202 at 8:30 a.m. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Marshall Page Commissioner Rupert Langdon Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jefferies, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk Alicia Gregory, Administrative Services Director Landon Chandler, Planning Director Call to Order: Mayor Glenn McFadden called the meeting to order. Fiscal Year (FY) 2024-2025 Proposed Budget considerations: Mayor McFadden recognized Town Manager, Joseph Jeffries. Mr. Jeffries stated that a copy of the proposed budget for Fiscal Year (FY) 2024-2025, including the Fee Schedule, General Fund, Enterprise (Water and Sewer) Fund, and the Powell Bill Fund, has been provided to the Town Board members. A public notice will be posted and advertised stating that the proposed budget is available for public inspection prior to the June 11, 2024 public hearing and adoption. By state law, the proposed budget has to have expenditures and revenues that balance. Fiscal Year 2024-2025 General Fund Review: Mr. Jeffries reviewed the General Fund and stated the projected revenues and expenditures for this fund is $7,839,900 which is an increase of 19.98% from the current fiscal year. New project spending, operational expenditures, and special notations for the General Fund include the following: • New Software • Relocation of Clock • Replace Roof at the Community Center • Replace HVAC at Fire Department • Four (4) Flock Cameras for Police Department • Police Vehicle • Planning Engineering Technician (Salary, Benefits) • Building Inspector Trainee (Salary, Benefits) • Fire Department Staff (Salary, Benefits) • 5% COLA increase for all employees • **New STD/LTD for all employees Mr. Jeffries noted that there is a decrease in health insurance of 14.75% for FY2024-2025 and there is an increase in dental cost of 3.5%. No change in vision costs. Lillington Board of Commissioners May 23, 2024 Special Meeting/Budget Work Session Minutes Mr. Jeffries also noted Retirement Costs for regular employees increased .78% for FY2024-2025 to 13.63% and Retirement Costs for Police increased 1% for FY2024-2025 to 15.10%. Mr. Jeffries went through each department’s general fund with the Board. Mr. Jeffries spoke with the Board regarding the SRO Agreement with the County. Mr. Jeffries wanted to know what direction the Board would like him to take. It was the consensus of the Board to Leave an SRO at Star Academy and to let the County have the Shawtown SRO back. They do not want to do this at the expense of the Land Use Plan. Mr. Jeffries is going to speak with County Manager Brent Trout about the direction the Board wants to take. Fiscal Year 2024-2025 Enterprise Fund Review: Mr. Jeffries reviewed the Enterprise Fund and stated the projected revenues and expenditures for this fund is $2,995,000, which is an increase of 6.93% from the current fiscal year. Proposed new project spending, operational expenditures, and special notations for the Enterprise Fund include the following: •Gator & Sprayer •Short-Lived Assets Program •5% COLA Increase •Healthcare costs decreased 14.75% for FY2024-2025 •Dental costs increased 3.5% for FY 2024-2025 •*No Change in Vision Costs •**New STD/LTD for all employees •Retirement costs increased .78% for FY2024-2025 •No rate increase from HRW for bulk water/bulk sewer •Water & Sewer rate increase of 8% (Based on WR Martin Study) There were no additional questions on the Water/Sewer Fund. Fiscal Year 2024-2025 Powell Bill Fund Review: Mr. Jeffries reviewed the Powell Bill Fund and stated the projected revenues and expenditures for this fund is $146,000.00, which is an increase of 36.36% from the current fiscal year. New project spending for the Powell Bill Fund includes the following: •Paving/Asphalt repairs in various locations There were no additional questions on the Powell Bill Fund. Fiscal Year 2024-2025 Fee Schedule Review: Mr. Jeffries began briefing the Board on the proposed changes in the Town of Lillington Fee Schedule. A copy of the proposed fee schedule was provided to the Board. Mayor McFadden addressed the Board and asked if everyone was in consensus with the changes to the Fee Schedule. The Board was polled and there were no objections. Lillington Board of Commissioners May 23, 2024 Special Meeting/Budget Work Session Minutes There was no other discussion. Mayor McFadden reminded the Board to reach out to Town Staff if you should have any questions so they can get those questions addressed. Mayor McFadden thanked Town Manager, Joseph Jeffries, and Assistant Town Manager, Lisa Young, for their hard work during the budgeting and fee schedule revision process. Adjournment: Motion by Commissioner McPhail, second by Commissioner Page that the meeting be adjourned. The Board was polled and the motion was unanimously approved. Attest: _____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org ORDINANCE FY2024-29 BUDGET ORDINANCE AMENDMENT FISCAL YEAR 2023-2024 #8 BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the following amendment is made to the budget ordinance for the period ending June 30, 2024: Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and expenditures are to be changed as follows: Account Number Description Increase Decrease 10-10-530-7400 Capital Outlay $ 12,000 10-00-410-5900 Special Events $ 11,000 10-80-620-1600 Maint & Rep-Equip $ 5,000 10-20-500-3320 Signage $ 10,000 10-10-530-1700 Salaries & Wages $ 50,000 10-00-470-0200 Salaries & Wages $ 20,000 10-20-500-0200 Salaries & Wages $ 20,000 10-00-335-0402 Insurance Claims $ 50,000 10-00-329-0000 Interest $ 10,000 Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org 10-00-399-0000 Fund Balance $ 28,000 To budget funds for replacing pump on fire truck; three temporary poles for events; repairs to mowers; signage/banners; Miscellaneous adjustments. Section 2. Copies of this budget amendment shall be furnished to the Governing Body, Budget Officer, Clerk and the Finance Director for their direction. Adopted this 11th day of June, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk STATE OF NORTH CAROLINA COMPUTER SUPPORT SERVICES AGREEMENT COUNTY OF HARNETT This Computer Support Services Agreement (the “Agreement”) is made and entered into as of the 1st day of July, 2024 by and between the County of Harnett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as “County”) and the Town of Lillington, a municipal corporation, organized and existing under the laws of the State of North Carolina (hereinafter referred to as “Town”). WITNESSETH: WHEREAS, Town desires computer support services for its governmental operations from County; WHEREAS, County desires to provide to Town computer support services for Town’s governmental operations; WHEREAS, Town and County have reached an agreement for the provision of computer support services to the Town as described herein and the parties desire to set forth the terms and conditions of this agreement in this Contract; and NOW, THEREFORE, in consideration of the mutual benefits, representations, and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree, each with the other, as follows: 1. Purpose. The purpose of this Contract is to set forth the understandings and agreements of the parties regarding the computer support services to be performed by County for Town. 2. Services Provided by County. The County shall provide to Town, including its various commissions, agencies, and programs the following computer support services: A. Hosting, maintenance and support of Town staff 1-99 e-mail accounts @ a. Option 1 - $14/mailbox/month basic email Microsoft 365. Includes: i. Microsoft 365 Exchange Plan 1 and 2 ii. Email box storage space 100gb per user iii. Daily backups of email data iv. Barracuda SPAM filtering service v. Barracuda Email archiving vi. Security monitoring b. Option 2 - $20/mailbox/month E1 Microsoft 365. Includes: i. All of basic email Microsoft 365 above ii.Online web Office applications iii.OneDrive up to 1TB of storage iv.Microsoft Teams v.Other Microsoft online applications c.Option 3 - $32/mailbox/month E3 Microsoft 365. Includes: i.All of E1 Microsoft 365 above ii.Local Office applications on up to 5 devices B.Provide 50mb minimum (burstable up to 500mb) Internet Connection @ $75/month; C.Provide use of County’s data center for up to 4 servers and 1TB of network storage @ $400/month a.Each additional server is $100/month b.Each additional 1TB is $100/month c.Includes i.Offsite replication of systems ii.Regular backup of systems iii.Security monitoring D.VOIP Phone system @ $12.50/phone/fax/month; a.Voicemail, with voicemail to email feature b.DID allocation c.Free long distance calling d.Auto Attendant capabilities e.Instant messaging client option E.NetMotion annual license fee @ $6/per client/month F.Labor for maintenance, repairs, security patching and upgrades to Town computers; G.Installation and upgrades of software requested by Town; H.Serve as a liaison with Town’s software vendors; I.Provide consultation for any other technology needs of the Town. J.Provide consultation for the Town’s GIS mapping needs that is outside of normal county mapping functions Any expenses incurred for the purchase of hardware and/or software necessary to provide for the maintenance and/or repairs of Town’s computers, peripheral devices or networking equipment will be the sole responsibility of Town. The County shall perform computer support services on an as needed basis as requested by Town. All services provided by the County pursuant to this Agreement shall occur during the County’s normal business hours of 8:00 a.m. to 5:00 p.m., Monday thru Friday. 3.Compensation and Payment. Compensation for the computer support services shall be $4,000 for a 50-hour block of time @ $80/hour plus reimbursement of directly incurred out-of- pocket expenses including annual any support fees. County will also charge for services noted in section 2 above. County shall invoice Town quarterly for computer support services and out-of- pocket expenses and provide a detailed description for all out-of-pocket expenses directly incurred. Any unused hours will be billed no later than June 30, 2025. Any overages will be billed at $85/hour. Said invoices shall be submitted to: Joseph Jeffries, Town Manager Town of Lillington PO Box 675 Lillington, NC 27521 Each invoice is due and payable to County within thirty (30) days of the date of the invoice. Town shall pay an additional charge of one and one-half percent per month (18% annually) per month not to exceed the maximum rate allowed by law for any payment not received by County more than thirty (30) days from the date of invoice. 4. Term of Agreement, Amendment and Termination. The term of this Agreement is July 1, 2024 to June 30, 2025. This Agreement may be amended from time to time upon the mutual consent of Town and County expressed in writing. Either party may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. Termination shall not relieve Town of any financial obligations incurred prior to termination. 5. Documents and Reports. Town shall furnish or cause to be furnished to County all such reports, data, specifications, documents or other information deemed necessary by County for proper performance of County’s services. County may rely upon the documentation so provided in performing the services required under this Agreement; provided however, County assumes no responsibility or liability for their accuracy. 6. Town Data. Town retains ownership and custody of its data and County does not have ownership, custody, or control of Town Data. County will backup Town Data for the sole purposes of disaster recovery and will provide Town an automated backup of data stored on Town’s designated servers and network connected computers. County will back up emails for a period of ten (10) years and all other data for a period of one (1) year. Town is solely responsible for generating and formatting all data. Town is solely responsible for the integrity of all data targeted for backup. County will back up Town Data as it exists at the time of backup, with all faults, and will restore Town Data in the same format in which it is backed up. Town is solely responsible for retaining data and records in accordance with its retention schedules. Town is solely responsible for fulfilling and satisfying all public records requests and all requests for data in connection to litigation. Data backups prepared for disaster recovery purposes will be used to restore data that has been deleted or lost. This agreement does not create a requirement for the County to respond to or assist in satisfying public records or litigation requests from the disaster recovery data backups. 7. Limitation of Liability. Town shall hold County harmless for any and all claims, liabilities, losses, damages, costs or expenses arising out of or relating to the provision of services provided by County to Town hereunder. Town and County waive special, incidental, indirect or consequential damages, including lost profits, good will, revenues or savings, for claims, disputes, or other matters in question arising out of or relating to this Agreement. This limitation of liability will survive the expiration or termination of this Agreement. 8. No Third-Party Beneficiary. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. 9. Severance Clause. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 10. Notices. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: TO: Town of Lillington PO Box 675 Lillington, NC 27521 Attn: Town Manager TO: County of Harnett 455 McKinney Parkway County Administration Building Post Office Box 759 Lillington, North Carolina 27546 Attn: County Manager With Copy to: County Staff Attorney 455 McKinney Parkway County Administration Building Post Office Box 238 Lillington, North Carolina 27546 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. 11.Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of North Carolina. The North Carolina State Courts located in Harnett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and any legal or equitable proceedings by either party must be filed in Harnett County, North Carolina. 12.Mediation. Any claim, dispute or other matter in question arising out of or related to this Agreement may, per the mutual agreement of both parties, be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions, and N.G. Gen. Stat. §7A-38.1(c), except as specifically provided otherwise herein. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in Harnett County, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13.Entire Agreement. This Agreement represents the entire and integrated agreement between County and the Town and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument signed by County and the Town. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives or officers have executed this Agreement as to the date and year first above written. TOWN: TOWN OF Lillington By:______________________________________ Printed Name:______________________________ Title:_____________________________________ This instrument has been pre-audited in the manner required by the Local Government Budget & Fiscal Control Act. By: Printed Name:__________________ Title:__________________________ COUNTY: COUNTY OF HARNETT By:_______________________________________ County Manager NORTH CAROLINA EQUIPMENT LEASE HARNETT COUNTY THIS EQUIPMENT LEASE (“Lease”), made and entered into this ___ day of __________ 2024, by and between the COUNTY OF HARNETT, (hereinafter referred to as “Lessor”) and TOWN OF LILLINGTON, (hereinafter referred to as “Lessee”) for the purposes herein stated. WHEREAS, Lessor has received an allocation of funds from the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (hereinafter referred to as “ARP/CSLFRF”); and WHEREAS, Lessor adopted a ARP/CSLFRF Property Management Policy (hereinafter referred to as the “Property Management Policy”) to ensure compliance with Title 2 U.S. Code of Federal Regulations Part 200 for property acquired or updated, in whole or in part, with funds from ARP/CSLFRF; and WHEREAS, per the Property Management Policy, equipment procured by the Lessor with ARP/CSLFRF funds may be leased by outside entities to be used for its intended purpose as evidenced by a written leasing agreement; and WHEREAS, Lessor procured Motorola VIPER Radios with ARP/CSLFRF funds for its Emergency Services Department for the purposes of replacing aging emergency communications equipment that will no longer function after 2024; and WHEREAS, Lessor desires to lease VIPER Radios to its municipal police departments within Harnett County to ensure proper communication across all emergency services; and WHEREAS, Lessee desires to lease VIPER Radios for the purpose of ensuring replacement its aging emergency communications equipment and communication across all emergency services. NOW THEREFORE, in consideration of the above-stated desires of the parties and such other mutual promises and covenants as are set forth below, Lessor and Lessee agree as follows: 1. LEASE AGREEMENT. This Lease is entered into pursuant to and subject to the terms and conditions of the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 and Title 2 U.S. Code of Federal Regulations Part 200 the terms and conditions of which are incorporated by reference. 2. DELIVERY AND ACEPTANCE: Lessor hereby leases unto Lessee and Lessee hereby receives from Lessor the radios and accompanying equipment, including chargers and batteries, (hereinafter referred to collectively as the “Leased Equipment”), described in the attached Schedule 1. Upon acceptance by Lessee of the Leased Equipment which acceptance shall be identified by Lessee taking possession of the property herein leased, such acceptance shall acknowledge that the Leased Equipment is in good order and condition and that Lessee is satisfied with same and that Lessor has made no representation or warranty, expressed or implied, with respect to such item of equipment. All equipment is leased unto Lessee in an “as is” condition. 3. TERM: The term of this lease shall be for a period commencing upon execution of this Lease and continuing until December 31, 2026, when this lease shall terminate (the “Lease Term”). Lessor may terminate this Lease upon thirty (30) days written notice to Lessee. 4. RENT: The rent for the Term of the Lease shall be $0.00 per year. 5. TITLE TO EQUIPMENT: Lessor represents that it owns all the Leased Equipment herein free and clear of all liens, and title shall remain in the Lessor at all times during the Lease Term. 6. MAINTENANCE AND REPAIR: All maintenance and repair costs to the Leased Equipment shall be paid by Lessee and Lessor is hereby relieved from any responsibility to maintain or repair said equipment, all said equipment being leased in an “as is” condition. 7. STORAGE AND MOVEMENT: Lessee shall develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the Leased Equipment. When the Leased Equipment is temporarily not utilized, but required for authorized use in the future, it must be adequately stored to protect it from theft, corrosion, contamination, and damage to sensitive parts. Leased Equipment may be moved to off-site storage locations only with the approval of Lessor. 8. INSURANCE AND RISK OF LOSS: Lessee shall acquire and maintain at all times during the Lease Term general liability insurance for property damage on the Leased Equipment, in the amount that sufficiently covers the full replacement value of the Leased Equipment in the aggregate with Lessor as Loss Payee on Lessee’s Certificate of Insurance during the Lease Term and provide Lessor with proof of same. 9. DAMAGE TO EQUIPMENT; DESTROYED OR STOLEN EQUIPMENT: Lessee shall be responsible for any loss, theft, or repair of the Leased Equipment at its cost. 10. TAXES AND LICENSES: All taxes, license fees and other expenses associated with the Leased Equipment shall be paid by Lessee. 11. LESSEE’S INDEMNIFICATION: To the extent permitted by law, Lessee shall indemnify, protect and hold harmless the Lessor, its agents, employees, officers, trustees, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses of whatever nature, arising out of the negligent acts or omissions of Lessee during its use or operation of any item of Leased Equipment. The indemnifications and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this Lease, whether by expiration of time, by operation of law or otherwise for any such claims made or accruing during the term of this lease. 12.ASSIGNMENT AND SUBLEASE: Lessee may not assign or sublease the Leased Equipment. 13.LESSOR’S WARRANTY: Lessor makes no warranties unto Lessee regarding the LeasedEquipment with all Leased Equipment being leased in its “as is” condition except to the extent that Lessor receives any warranties from a manufacturer of the Leased Equipment, then Lessor will pass them through to Lessee to the full extent permitted by the terms ofany such warranties. 14.LESSEES’ DEFAULT: Time is of the essence under this Lease and any of the following events shall constitute defaults on the part of Lessee hereunder: a.any breach or failure of Lessee to observe or perform any of its obligationsunder this lease; orb. insolvency or bankruptcy of Lessee or assignment for the benefit of creditors.Upon the occurrence of any default Lessor may exercise this option without notice to or demand on the Lessee and thereupon all the Leased Equipment and rights of Lessee therein shall be surrendered unto Lessor; upon default, Lessor may take possession of the Leased Equipment where found with or without process of law in court, may enter upon the premises without liability for suit, action, or other proceedings by Lessee and remove the Leased Equipment; or hold, sell, lease or otherwise dispose of the Leased Equipment or keeping of any of them as Lessor so chooses without effecting the obligation of Lessee. 15.RECORDS: Lessee shall maintain accounts, records, documents, and other evidence thataddress the proper use, insurance, inventory, costs, repairs, maintenance, and replacementassociated with the Leased Equipment. The system of accounts employed by Lessee shall be kept in accordance with generally accepted accounting principles. All supporting documentation shall be preserved for a period of five years following the termination orexpiration of this Lease. 16.AUDIT: Lessor may monitor operations under this Lease, including conducting site visits to inspect the Leased Equipment, observe operations of the Leased Equipment, review finances related to the Leased Equipment, and ensure compliance with Coronavirus Stateand Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 andTitle 2 U.S. Code of Federal Regulations Part 200. Lessee shall permit Lessor’s auditorsand independent auditors’ access to its records and financial statements as necessary to conduct audits, including on-site audits during normal office hours with prior notice to Lessee, at any time during the term of this Lease, and within five years after termination orexpiration. 17.GRANT-RELATED INCOME: If Applicable, Lessee shall inform Lessor’s Administrative Representative of any grant-related income and shall maintain appropriate records for the receipt and disposition of such income to enable Lessor to fulfill itsresponsibility under ARP/CSLFRF. 18. REPORTING REQUIREMENTS: If Applicable a final financial report is due within thirty (30) days of the expiration or termination of this Lease. 19. CHOICE OF LAW AND FORUM: This Lease shall be governed by and construed in accordance with the laws of North Carolina (excluding any conflict of laws provisions of the State of North Carolina which would refer to and apply the substantive laws of another jurisdiction), and any claim or cause of action based on this Lease or a breach thereof shall be brought and maintained in a state court in Harnett County, North Carolina or federal court in North Carolina, which shall have exclusive jurisdiction thereof. Lessee consents to the exclusive personal jurisdiction and venue of the courts described above. 20. FORCE MAJEURE: Each Party may be excused for failure to perform obligations if such failure is caused by any reason beyond that Party’s reasonable control, or by reason of any of the following circumstances: acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), epidemics, pandemics, governmental order, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. Lessee shall take reasonable steps to minimize delay or damages caused by foreseeable events and will notify Lessor of the likelihood or actual occurrence of such an event. 21. ENTIRE AGREEMENT: This Lease (including attachments) states the entire agreement between the Parties as of the date of the final signature below in respect to the subject matter of the Lease and supersedes any previous written or oral representations, statements, negotiations, or agreements. 22. SEVERABILITY: In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 23. HEADINGS: The headings used in this Lease have been prepared for the convenience of reference only and shall not control, affect the meaning, or be taken as an interpretation of any provisions of this Lease. This Lease has been prepared on the basis of mutual understanding of the Parties and shall not be construed against either Party by reason of such party’s being the drafter hereof. 24. COUNTERPARTS: This Lease may be executed in two or more counterparts (facsimile transmission, e-mail attachment or otherwise), each of which shall be deemed an original Lease and all of which shall constitute but one Lease. A signed copy of this Lease exchanged electronically shall be deemed to have full force and effect as an original executed copy. 25. NOTICES: All notices, demands and requests to be given or made hereunder shall be given or made in writing and shall be deemed to be properly given or made if hand- delivered or sent by United States registered or certified mail, return receipt requested, postage prepaid, addressed to the Lessee at the address provided on the first page of this Lease and to Lessor at: Lessee: Frank Powers, Police Chief Town of Lillington Post Office Box 296 Lillington, North Carolina 27546 Lessor: Larry T. Smith Emergency Services Director P.O. Box 370 Lillington, NC 27546 With copy to: Senior Staff Attorney P.O. Box 238 Lillington, NC 27546 Any such notice, demand or request may also be transmitted to the appropriate above- mentioned party by e-mail, telephone or facsimile and shall be deemed to be properly given or made at the time of such transmission if, and only if, such transmission of notice shall be confirmed in writing and sent as specified above. Any of such addresses may be changed at any time on written notice of such change sent by United States registered mail, postage prepaid, to the other parties by the party effecting the change. IN WITNESS WHEREOF, Lessor and Lessee have hereunto set their hands and seal on this Lease Agreement the day and year first above written. LESSOR: COUNTY OF HARNETT _____________________________________ Brent Trout, County Manager This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. By:_________________________________ Name: Kimberly Honeycutt Title: County Finance Officer LESSEE: TOWN OF LILLINGTON __________________________ Joseph D. Jeffries, Town Manager STATE OF NORTH CAROLINA COUNTY OF HARNETT I, ___________________________, a Notary Public of the County and State aforesaid, do hereby certify that Brent Trout personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this ____ day of ________________ 2024. _____________________________ Notary Public My Commission Expires: ________ STATE OF NORTH CAROLINA COUNTY OF HARNETT I, ___________________________, a Notary Public of the County and State aforesaid, do hereby certify that Joesph D. Jeffries personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this ____ day of ________________ 2024. _____________________________ Notary Public My Commission Expires: ________ Schedule 1 Federal Grant Equipment Wherein the Lessee agrees to the terms as outlined above and will maintain and protect the leased equipment of: 1. VIPER RADIOS with the model and serial numbers in the attached document. Leased equipment is for the purpose of emergency response communication and use of such equipment shall be compliant with the terms and conditions of this Lease and the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 and Title 2 U.S. Code of Federal Regulations Part 200. The annual reporting of equipment inventory will be directed to the Emergency Services Director each fiscal year. The report will require a description of the condition of the equipment as well as a report of annual utilization of the equipment. AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager AGENDA ITEM Public Hearing for Consideration of Approval of Proposed Fiscal Year (FY) 2024-2025 Town of Lillington Annual Budget per § 159-13. TYPE OF PUBLIC HEARING Legislative ITEM SUMMARY Consideration of adoption of the annual budget for the upcoming fiscal year as defined by § 159-8: § 159-8. Annual balanced budget ordinance. (a)Each local government and public authority shall operate under an annual balanced budget ordinance adopted and administered in accordance with this Article. A budget ordinance is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations. Appropriated fund balance in any fund shall not exceed the sum of cash and investments minus the sum of liabilities, encumbrances, and deferred revenues arising from cash receipts, as those figures stand at the close of the fiscal year next proceeding the budget year. It is the intent of this Article that, except for moneys expended pursuant to a project ordinance or accounted for in an intragovernmental service fund or a trust and agency fund excluded from the budget ordinance under G.S. 159-13(a), all moneys received and expended by a local government or public authority should be included in the budget ordinance. Therefore, notwithstanding any other provision of law, no local government or public authority may expend any moneys, regardless of their source (including moneys derived from bond proceeds, federal, state, or private grants or loans, or special assessments), except in accordance with a budget ordinance or project ordinance adopted under this Article or through an intragovernmental service fund or trust and agency fund properly excluded from the budget ordinance. (b)The budget ordinance of a unit of local government shall cover a fiscal year beginning July 1 and ending June 30. The budget ordinance of a public authority shall cover a fiscal year beginning July 1 and ending June 30, except that the Local Government Commission, AGENDA ITEM #8-8A if it determines that a different fiscal year would facilitate the authority's financial operations, may enter an order permitting an authority to operate under a fiscal year other than from July 1 to June 30. If the Commission does permit an authority to operate under an altered fiscal year, the Commission's order shall also modify the budget calendar set forth in G.S. 159-10 through 159-13 so as to provide a new budget calendar for the altered fiscal year that will clearly enable the authority to comply with the intent of this Part. (1971, c. 780, s. 1; 1973, c. 474, s. 5; 1975, c. 514, s. 3; 1979, c. 402, s. 1; 1981, c. 685, s. 2.) RECOMMENDED ACTION Approve FY2024-2025 Town of Lillington Budget as submitted by staff. TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org ORDINANCE FY2024-25 BUDGET ORDINANCE FOR FISCAL YEAR (FY) 2024-2025 BE IT ORDAINED by the Board of Commissioners of the Town of Lillington, North Carolina, in accordance with G.S. 159-13 of the North Carolina General Statutes, that: Section 1. General Fund The following amounts are hereby appropriated in the General Fund for the operation of the town government and its activities for the fiscal year beginning July 1, 2024, and ending June 30, 2025, in accordance with the chart of accounts heretofore established for the Town: Governing Body $ 260,800 Administration 639,050 Planning & Inspections 1,033,500 Finance 567,500 Engineering & Public Works 1,276,550 Police 1,632,000 Fire 980,900 Flatwoods Fire District 160,650 Recreation 900,250 Debt Service 301,700 Total Expenditures $ 7,752,900 It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2024, and ending June 30, 2025: Current Year’s Property Tax $ 3,105,000 Motor Vehicles 350,000 Prior Year’s Property Tax 5,000 Tax Penalties & Interest 9,000 Inspection Fees/Permits 725,000 Flatwoods Fire District 160,650 Other Revenues 3,143,250 Fund Balance Appropriated 255,000 Total Revenues $ 7,752,900 Town of Lillington FY24-25 Budget | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org Section 2. Powell Bill Fund The following amounts are hereby appropriated in the Powell Bill Fund for the fiscal year beginning July 1, 2024, and ending June 30, 2025, in accordance with the chart of accounts heretofore established for the Town: Total Expenditures $ 146,000 It is estimated that the following revenues will be available in the Powell Bill Fund for the fiscal year beginning July 1, 2024, and ending June 30, 2025: Total Revenues $ 146,000 Section 3. Water/Sewer Fund The following amounts are hereby appropriated in the Water/Sewer Fund for the fiscal year beginning July 1, 2024, and ending June 30, 2025, in accordance with the chart of accounts heretofore established for the Town Total Expenditures $ 2,995,000 It is estimated that the following revenues will be available in the Water/Sewer Fund for the fiscal year beginning July 1, 2024, and ending June 30, 2025: Water Sales $ 1,390,000 Sewer Sales 1,440,000 Other Revenue 165,000 Total Revenue $ 2,995,000 Section 4. Board of Commissioners The following is the salary schedule for the Town of Lillington Board of Commissioners for the fiscal year beginning July 1, 2024 and ending June 30, 2025: Mayor $ 2,388 Commissioners $ 1,593 In addition, the Board will receive an insurance stipend at the rate of $775.00 per month for FY 2024-2025. Town of Lillington FY24-25 Budget | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org Section 5. Tax Levy There is hereby levied a tax at a rate of $0.52 (fifty-two cents) per $100 valuation of property listed as of January 1, 2025, for the purpose of raising revenues listed as Ad Valorem Tax which includes Current Year for Property and Motor Vehicle in the General Fund in Section 1 of this ordinance. The rate of tax, for the purpose of taxation is based upon an estimated valuation of property $601,744,547, a projected levy of $3,129,071 and an estimated collection rate of 99.32%. Motor vehicles estimated valuation of $67,953,978, a projected levy of $353,360 and an estimated collection rate of 100%. Section 6. Insurance The Board of Commissioners has authorized the Fiscal Year 2024-2025 Budget to include the following cost sharing for insurance based on the employee’s full time equivalency (part time employees will not be eligible). Employee Only - Health: $ 660.00 Dental: $ 34.65 Vision: $ 5.49 Section 7. Fees The Board of Commissioners hereby declares that all fees that the Town has authority to charge on July 1, 2024 to be in effect during Fiscal Year 2024-2025 as set forth in Attachment A. Section 8. Special Authorization – Budget Officer A.The Town Manager shall serve as Budget Officer B.The Budget Officer is authorized to effect interdepartmental and intradepartmental transfers of $1,500 or less. Notification of all transfers shall be made to the Board of Commissioners at the next regular meeting following the transfer. Section 9. Document Availability Copies of this Budget Ordinance shall be furnished to the Budget Officer, Clerk to the Board of Commissioners and the Finance Officer to be kept on file by them for their direction in the disbursement of funds. Adopted this 11th day of June, 2024 _____________________________ Glenn McFadden, Mayor Attest: ____________________________ Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Lindsey Lucas, Town Clerk AGENDA ITEM Public Hearing for Temporary Closure of Town Streets for the Town of Lillington’s July 4th Celebration. ITEM SUMMARY The Lillington Parks and Recreation Department is requesting to temporarily close E Duncan Street, East Edgar Street, and Marcelle Brown Jr. Way 11:00 a.m. to 12:00 a.m. on July 4, 2024 for Lillington July 4th Celebration. RECOMMENDED ACTION Approve temporary street closure as requested by the Lillington Parks and Recreation Department. AGENDA ITEM #9-9A AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Lindsey B. Lucas, Town Clerk TYPE OF PUBLIC HEARING Legislative AGENDA ITEM Consideration of Ordinance Extending the Corporate Limits of the Town of Lillington. ITEM SUMMARY The Town of Lillington received a petition under §160A-58.1 for satellite annexation. The Town Board by Resolution directed the Town Clerk to investigate the sufficiency of the petition. In accordance with §160A-58.2 the Town Board called a Public Hearing on June 11, 2024 for the question of annexation for 31.907-acres being PIN #: 0662-90-5908.000 Case Number ANX-24-03. § 160A-58.2. Public hearing.Upon receipt of a petition for annexation under this Part, the city council shall cause the city clerk toinvestigate the petition, and to certify the results of his investigation. If the clerk certifies that uponinvestigation the petition appears to be valid, the council shall fix a date for a public hearing on theannexation. Notice of the hearing shall be published once at least 10 days before the date of hearing. At the hearing, any person residing in or owning property in the area proposed for annexation and any resident of the annexing city may appear and be heard on the questions of the sufficiency of the petition and the desirability of the annexation. If the council then finds and determines that (i) the area described in the petition meets all of the standards set out in G.S. 160A-58.1(b), (ii) the petition bears the signatures of all of the owners of real property within the area proposed for annexation (except those not required to sign by G.S. 160A-58.1(a)), (iii) the petition is otherwise valid, and (iv) the public health, safety and welfare of the inhabitants of the city and of the area proposed for annexation will be best served by the annexation, the council may adopt an ordinance annexing the area described in the petition. The ordinance may be made effective immediately or on any specified date within six months from the date of passage. RECOMMENDED ACTION APPROVE the Ordinance to Extend the Corporate Limits of the Town of Lillington, North Carolina. AGENDA ITEM #10-10A TOWN OF LILLINGTON Annexation Petition 24-03 ANX HARNETT CENTRAL ROAD Non-Contiguous 31.907 Acres CERTIFICATE OF SUFFICIENCY To the Board of Commissioners of the Town of Lillington, North Carolina: I, Lindsey B. Lucas, Town Clerk, do hereby certify an investigation has been completed of the above referenced petition for the non-contiguous annexation of 31. 907 acres of property identified as PIN #: 0662-90-5908.000 located off Harnett Central Road situated in the County of Hamett. The petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. 160A-58.1. In witness whereof, I have hereunto set my hand and affixed the seal of the Town of Lillington, this 14th day of May, 2024. 102 East Front Street • P.O. Box 296 • Lillington, North Carolina 27546 Phone: (910) 893-2654 • Fax (910) 893-3693 • www.lillingtonnc.org TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com ORDINANCE FY2024-23 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF LILLINGTON, NORTH CAROLINA WHEREAS, the Town of Lillington Governing Board has received a petition under G.S. 160A-58.1 for non-contiguous satellite annexation of the area described below; and WHEREAS, the Governing Board has by Resolution No. 2024-21 directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, the Town Clerk has certified the sufficiency of said petition and the Governing Board adopted Resolution No. 2024-22 fixing a date of public hearing. By authority granted by G.S. 160A-58.2, a public hearing on the question of this annexation was held at the Lillington Town Hall at 6:00 o’clock, P.M. on the 11th day of June, 2024, after due notice by publication on the 31st of May, 2024; and WHEREAS, the Governing Board does hereby find as a fact that the petition meets the requirements of G.S. 160A-58.1, as amended BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that: Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described non-contiguous territory is hereby annexed and made part of the Town of Lillington, as of June 11, 2024. The area proposed for annexation are described as follows: Commencing at the centerline intersection of NCSR # 2215 and NCSR # 1512 having C Grid Coordinates of: N - 621,806.76 and E- 2,069,377.11 (NAD 83 2012B) 2018: Thence South 46 degrees 35 minutes 51 seconds West-43.75 feet to an iron stake set on the southern right of way of CSR# 2215, a 60 foot public right of way, the point of BEGINNING: Thence leaving said right of way, South 07 degrees 31 minutes 09 seconds West- 368.33 feet to an iron stake; Thence North 89 degrees 41 minutes 02 seconds East - 331.24 feet to an iron stake; Thence North 84 degrees 30 minutes 14 seconds East- 163.54 feet to an existing iron stake; Thence South 07 degrees 26 minutes 59 seconds West- 338.09 feet to an iron stake; Thence South 39 degrees 30 minutes 00 seconds East - 300.86 feet to an existing iron stake; Thence South 67 degrees 45 minutes 54 seconds East - 661.13 feet to a bent flatbar; Thence South 45 degrees 58 minutes 20 seconds West - 865.52 feet to an existing iron stake; Thence North 43 degrees 56 minutes 16 seconds West - 1126.08 feet to an iron stake; Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Thence North 89 degrees 11 minjutes 14 seconds West - 361.94 feet to an existing iron pipe, having NC Grid Coordinates ofN - 620,825.93 and E-2,068,785.07; Thence North 02 degrees 30 minutes 18 seconds East- 997.06 feet to an iron stake on the southern right of way of CSR# 2215; Thence the following calls along said southern right of way: South 83 degrees 24 minutes 21 seconds East - 73.26 feet to an iron stake; South 83 degrees 31 minutes 41 seconds East - 75.96 feet to an iron stake; South 83 degrees 51 minutes 14 seconds East-77.28 feet to an iron stake; South 84 degrees 17 minutes 44 seconds East- 77.57 feet to an iron stake; South 85 degrees 00 minutes 54 seconds East - 76.85 feet to an iron stake; South 86 degrees 20 minutes 56 seconds East - 60.65 feet to an iron stake; South 88 degrees 37 minutes 53 seconds East- 77.35 feet to an iron stake, the point of BEGINNING, containing 31.549 acres+/-, and the property as described in Deed Book 1320 Page 863, as recorded in the Harnett County Register of Deeds. Annexation Map Recorded in Map Book _______ - _______ Section 2. Upon and after June 11, 2024, the above-described territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in the Town of Lillington and shall be entitled to the same privileges and benefits as other parts of the Town of Lillington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the Town of Lillington shall cause to be recorded in the office of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Harnett County Board of Elections, as required by G.S. 163-288.1. Adopted this 11th day of June, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk APPROVED AS TO FORM: Tony Buzzard, Town Attorney AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits ITEM SUMMARY Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits G&J Development, LLC RECOMMENDED ACTION Approve Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits. Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to Conditional District Residential Single-Family Cluster, CD-RS10 Cluster District is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area. Therefore, the ordinance for the zoning assignment request be Approved. The requested zoning assignment to Conditional District Residential Single-Family Cluster, CD-RS10 Cluster District is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare as stated in the evaluation. Therefore, the ordinance for the zoning assignment request be Denied. AGENDA ITEM #11-11A Cluster AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article I of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article I of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Text Amendment to Article I of the Lillington Unified Development Ordinance as presented. AGENDA ITEM #12-12A Text Amendments Summary: Three individual text amendments to three sections of the UDO. Article I (1) GENERAL PROVISIONS FOR APPLICABILITY: We are proposing adding Agritourism authority within the incorporated areas of the Town. Article III (3) USE STANDARDS: Article X (10) USE STANDARDS: Summary: The Planning Department was asked to consider adding the ability for bona fide farms as defined under NCGS to be able to conduct Agritourism activities as defined by same. We have added a definition of these activities, limitations of use via the supplemental regulations, and amended the jurisdiction section of the UDO to allow the Town to place restrictions on Agritourism style uses. Town of Lillington, NC Unified Development Ordinance I-1 GENERAL PROVISIONS FOR APPLICABILITY Section 1.01 TITLE This ordinance shall be known as and may be cited as the Town of Lillington, North Carolina, “Unified Development Ordinance,” and may be referred to as the “Ordinance,” “UDO” or “Lillington UDO”. Section 1.02 AUTHORITY The Lillington UDO is hereby adopted under the authority and provisions in Chapter 160D of the North Carolina General Statutes (NCGS). Whenever any provision of this UDO refers to or cites a section of the North Carolina General Statutes and that section of the North Carolina General Statutes is later amended or superseded, this UDO shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. Section 1.03 JURISDICTION The Lillington UDO shall be effective throughout the Town of Lillington and its extraterritorial planning jurisdiction (ETJ) as identified on the Official Zoning Map of the Town of Lillington. However, pursuant to NCGS 160D-903 property that is located in the extraterritorial jurisdiction which is used for bona fide farm purposes is exempt from the regulations of this UDO. Agricultural land uses located within the Town’s corporate limits and as defined by this ordinance, shall be subject to the regulations of this UDO. The planning jurisdiction of the Town may be modified from time to time in accordance with NCGS 160D-202. The Official Zoning Map is on file with the Town Clerk and with the Administrator of this ordinance. The Official Zoning Map and its boundaries shall be incorporated and made a part of this ordinance. Section 1.04 PURPOSE AND INTENT The purpose of the regulations set forth in the Lillington UDO shall be to fulfill the goals, objectives, recommendations and action items of the Lillington Downtown Master Plan, Lillington Bicycle & Pedestrian Plan, Lillington Land Use Plan, as adopted and as may be amended from time to time. In order to protect and promote the health, safety, and general welfare of the Town and its ETJ, the Lillington UDO is adopted by the Board of Commissioners to regulate and restrict by means of zoning and subdivision regulations the height and size of buildings and other structures; the appearance and design of developments; the percentage of lots that may be covered or occupied; the dimensions of setbacks; the size of open spaces; the density of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, playgrounds, and other public requirements, to control development of flood prone areas and regulate impervious surface areas; signs; to regulate and to facilitate the further re-subdivision of larger tracts into smaller parcels of land and the location, use and design of landscaping, buildings, structures, and land for trade, industry, residence, and other purposes. Town of Lillington, NC Unified Development Ordinance I-2 Section 1.05 REPEAL OF EXISTING ZONING AND SUBDIVISION REGULATIONS The existing zoning & subdivision regulations entitled as adopted on November 11, 2003 and as subsequently amended are hereby repealed. The adoption of the Lillington UDO, however, shall not affect nor prevent any pending or future prosecution of, or action to abate an existing violation of said regulations. Section 1.06 CONSISTENCY WITH ADOPTED PLANS In accordance with NCGS 160D-701 it is the intention of the Board of Commissioners that the Lillington UDO implements the planning policies adopted for the Town and its ETJ, as reflected in the Town of Lillington Land Use Plan 2015, Lillington Downtown Master Plan, Lillington Bike and Pedestrian Plan and other related planning documents. While the Board of Commissioners reaffirms its commitment that the Lillington UDO and any amendment to it, be in conformity with adopted planning policies, the Board of Commissioners hereby expresses its intent that neither the Lillington UDO nor any amendment to it may be challenged on the basis of any alleged non- conformity with any planning document. Specific alignments, locations, or areas of public facilities noted in any adopted plan may be varied on a site by site basis as requested by the developer or the Administrator, provided the integrity of the proposed network and connections, location, or area shown in the plan are maintained. Section 1.07 INTERPRETATION AND CONFLICT 1.07.01 INTERPRETATION The Lillington UDO is intended to be administered with the flexibility to respond to unique circumstances of individual properties in ways that best achieve its purposes. A. This UDO establishes many, but not all, of the standards and procedures for development. Other portions of the Code of Ordinances, as well as other standards, shall apply to development, including, but not limited to, building codes, fire codes, utility, street and drainage design and construction standards. B. The issuance of any development approval pursuant to this UDO shall not relieve the recipient from the responsibility to comply with all other Town, County, State or federal laws, ordinances, rules or regulations. C. References to other regulations or provisions of the UDO are for the convenience of the reader. The lack of a cross-reference does not exempt a land, building, structure, or use from other regulations. D. The UDO contains numerous graphics, pictures, illustrations, and drawings to assist the reader in understanding and applying the UDO. However, to the extent that there is any inconsistency between the text of the UDO and any such graphic, picture, illustration, or drawing, the text controls unless otherwise provided in the specific section. Town of Lillington, NC Unified Development Ordinance I-3 1.07.02 CONFLICT When provisions of the Lillington UDO impose higher standards than are required in any other statute or local ordinance or regulation, provisions of the Lillington UDO shall govern. When the provisions of any other statute or local ordinance or regulation impose higher standards than are required by the provisions of the Lillington UDO, the provisions of that statute or local ordinance or regulation shall govern. Section 1.08 CONFORMANCE TO LILLINGTON UDO PROVISIONS Except as otherwise specifically provided in the Lillington UDO, no land shall be subdivided; no land or structure shall hereafter be used or occupied; no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development; no infrastructure shall be constructed or installed; and no structure, or part thereof, shall be constructed, erected, altered, or moved, unless in compliance with all of the applicable provisions of the Lillington UDO. All existing lots of record, platted prior to the adoption of this UDO or the prior Zoning & Subdivision Regulation and upon which no buildings have been erected, shall be grandfathered upon the date of adoption of this UDO and shall not be subject to the new lot standards herein. However, buildings upon such lots shall be subject to standards in this ordinance including all related site improvements. Section 1.09 CONTINUED VIOLATIONS Any violation of provisions existing on the effective date of the ordinance shall continue to be a violation under this ordinance and shall be subject to the penalties set forth at the time of the violation, unless the use, development, construction or other activity is clearly consistent with the express terms of this ordinance. Section 1.10 DEVELOPMENT UNDER PRIOR REGULATIONS 1.10.1 ISSUED APPROVALS Any building or development for which a permit or plan approval was issued under prior regulations shall be allowed, provided a valid approval has not expired. All new applications shall comply with the provisions of this UDO. Legal non- conforming situations may continue in conformance with this UDO. 1.10.2 PERMIT CHOICE A. Any type of land development application which has been officially filed with the appropriate Town official prior to the effective date of this ordinance or any amendment thereto, may continue to be processed under the land use rules and regulations in effect prior to said date, or the applicant may decide to request the application be processed under the new land use rules and regulations. B. The application approval process for such applications must be completed within one year of the filing date. Completion of the application approval process is considered to be the issuance of the appropriate Town permit, certificate, or Town of Lillington, NC Unified Development Ordinance I-4 other designation sought under the land use rules and regulations in effect prior to the effective date of this ordinance. C. If the application approval process is not completed within the specified time, then the application process may be completed only in strict compliance with the requirements of this ordinance. D. The specified time may be extended at the discretion of the Administrator due to delays in approvals from agencies external to the Town of Lillington. Section 1.11 FEES Any action on an application for development shall be subject to payment of the required fee in the amount established by resolution of the Board of Commissioners and filed in the office of the Town Clerk. All required fees shall accompany an application, shall be made payable to the Town of Lillington, and shall be submitted to the Administrator. All fees are non-refundable. Section 1.12 ADMINISTERING THE UDO This UDO is intended to be administered in an efficient manner that provides appropriate opportunities for public involvement and an efficient development process. The roles of the Board of Commissioners, Planning Board, Board of Adjustment, other boards and Town staff are established in Article 7 – Administration & Development Processes. Section 1.13 EFFECTIVE DATE Many provisions herein are a restatement of provisions of the Lillington Zoning and Subdivision Ordinances, adopted November 11, 2003 and are hereby continued without interruption. All other provisions of this Ordinance shall become effective February 14, 2017. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com TOWN OF LILLINGTON ORDINANCE FY2024-26 AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes §160A-174; and BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that Lillington Unified Development Ordinance is amended as follows: ARTICLE I. GENERAL PROVISIONS FOR APPLICABILITY SECTION 1.03 JURISDICTION The Lillington UDO shall be effective throughout the Town of Lillington and its extraterritorial planning jurisdiction (ETJ) as identified on the Official Zoning Map of the Town of Lillington. However, pursuant to NCGS 160D-903 property that is located in the extraterritorial jurisdiction which is used for bona fide farm purposes is exempt from the regulations of this UDO. Agricultural land uses located within the Town’s corporate limits and as defined by this ordinance, shall be subject to the regulations of this UDO. The planning jurisdiction of the Town may be modified from time to time in accordance with NCGS 160D-202. The Official Zoning Map is on file with the Town Clerk and with the Administrator of this ordinance. The Official Zoning Map and its boundaries shall be incorporated and made a part of this ordinance. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 11th day of June, 2024 __________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article III of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article III of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Text Amendment to Article III of the Lillington Unified Development Ordinance as presented. AGENDA ITEM #13-13A Text Amendments Summary: Three individual text amendments to three sections of the UDO. Article I (1) GENERAL PROVISIONS FOR APPLICABILITY: We are proposing adding Agritourism authority within the incorporated areas of the Town. Article III (3) USE STANDARDS: Article X (10) USE STANDARDS: Summary: The Planning Department was asked to consider adding the ability for bona fide farms as defined under NCGS to be able to conduct Agritourism activities as defined by same. We have added a definition of these activities, limitations of use via the supplemental regulations, and amended the jurisdiction section of the UDO to allow the Town to place restrictions on Agritourism style uses. Town of Lillington, NC Unified Development Ordinance III-1 USE STANDARDS Section 3.01 USE TABLE AND INTERPRETATION 3.01.1 TABLE OF AUTHORIZED USES ESTABLISHED The following table lists the principal uses allowed by right within zoning districts as well as uses that may be authorized subject to approval of a Special Use Permit. Function codes of the Land Based Classification Standards (LBCS) of the American Planning Association (APA) correspond to the authorized uses and shall be used to define uses. All uses are subject to the standards and regulations within this UDO. 3.01.2 PERMITTED AND PROHIBITED USES Uses not listed as permitted (P); permitted with supplemental use standards (PS); or requiring a special use permit (S) are presumed to be prohibited ( - ) from the applicable zoning district. 3.01.3 USES NOT LISTED In the event that a particular use is not listed in the Use Table, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Administrator shall determine whether a materially similar use exists in this chapter. Should the Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Administrator’s decision shall be recorded in writing. 3.01.4 SIMILAR USES The Administrator may determine that a use is materially similar if a permitted use is similarly classified by one or more of the following use classification systems: A. Land Based Classification Standards (LBCS) of the American Planning Association (APA) B. North American Industrial Classification System (NAICS) 3.01.5 USE TABLE Uses listed as (P) or (PS) which require a Transportation Impact Analysis (according to Article 5 – Subdivisions & Infrastructure), and all residential developments with 3 units or more, are subject to the Major Site/Subdivision Plan Review Process established in Article 7 – Administration & Development Processes. See Appendix A – Development Flow Chart for more information regarding how the development process will be administered according to the use allowances established below. Town of Lillington, NC Unified Development Ordinance III-1 LAND USE TYPE: RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO A. RESIDENTIAL Class A – Single Family Manufactured Home PS PS - - - - - - - - - - - - Class B & C – Single Family Manufactured Home S S S - - - - - - - - - - - Manufactured Home Park S S - - - - - - - - - - - Dwelling – Accessory PS PS PS PS PS PS PS - - - - - - - Dwelling – Multi-Family (3 or more units) - - - - PS PS PS PS - - - - - - Dwelling – Multi-Family Conversion - - - S PS PS PS - S - - - - - Dwelling – Single Family Attached (Townhome) - - - S P P P S - - - - - - Dwelling – Single Family Detached P P P P - P - - - - - - - - Dwelling – Two Family (Duplex) - - - S P P - - - - - - - - Family Care Home (6 or fewer residents) PS PS PS PS PS PS - - PS PS - - - - Live-Work Units - - - - - PS P PS PS - - - - - Residential Care Facilities (more than 6 residents) S S S S PS PS PS - PS PS PS - - - RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO B. LODGING AND ACCOMMODATIONS Bed and Breakfast Establishments PS S S S - PS PS PS PS PS - - - - Hotel/Motel/Inn - - - - - - P P P P P - - - Rooming and Boarding House - - - S S S S - S - - - - - RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO C. OFFICE AND SERVICES Banks, Credit Unions, Financial Services - - - - - - PS PS P PS P - - - Dry Cleaning & Laundry - - - - - - P P P P P - - - Funeral Homes/Crematoria P P - - - - - P P P P - - - Home Occupation PS PS PS PS PS PS PS PS PS - - - - - Medical Clinic - - - - - P P P P P P - - - Personal Care Service - - - - - P P P P P P - - - Restricted Personal Care Service - - - - - - - PS - - PS - - - Post Office - - - - - - P P P P P - - - Professional Service - - - - - P P P P P P - - - Veterinary Service - - - - - - PS PS PS P P P P - Town of Lillington, NC Unified Development Ordinance III-2 LAND USE TYPE: RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO D. COMMERCIAL AND ENTERTAINMENT Adult Establishments - - - - - - - - - - - - S - Alcoholic Beverage Sales or Services - - - - - - P P P P P - - - Outdoor Amusement or Theme Park - - - - - - - - - P - P - - Indoor Amusement - - - - - - P P - P P P - - Automobile/Vehicle Sales, Rental, Service & Repair - - - - - - - S - S P P P - Bar/Tavern - - - - - - P P - P P - - - Bicycle Sales & Repair - - - - P P P P P P P P - - Camps & Camping Establishments S S - - - - - - - - - - - S Drive-In Theater - - - - - - - - - - S - - - Drive-Thru/Drive-In Facility (principal or accessory) - - - - - - PS PS PS PS PS - - - Electronic Gaming Operations - - - - - - - - - - - - - - Games Arcade Establishment - - - - - - S S - S S - - - Gas/Fueling Station - - - - - - PS - - PS P P P - General Commercial - - - - - P P P - P P - - - General Commercial (greater than 25,000 sf) - - - - - - - - - S - - - Golf Course S S S S S S S - - - - - - S Hardware, Home Center Sales or Services - - - - - - - - - - P - - - Heavy Equipment/Manufactured Homes Rental/Sales/Service - - - - - - - - - - P P - - Night Club - - - - - - P P - P P - - - Open Air Retail - - - - - PS PS PS - P P - - - Outside Sales - - - - - PS PS PS PS PS P - - - Parking Lot/Structure (Principal Use) - - - - - - - S - - S - - - Pawnshops - - - - - - - - - - PS - - - Racetrack - - - - - - - - - - - P P - Restaurant - - - - - P P P P P P - - - Riding Stables P P - - - - - - - - - - - P Shooting Range, Indoor P - - - - - - - - - P P P - Shooting Range, Outdoor S - - - - - - - - - - - S - Special Events Center S S S S - S S P P P P - - - Theater, Indoor Movie or Live Performance - - - - - - P P - P P - - - Theater, Outdoor - - - - - - PS PS - P P - - - Vehicle Rental (moving trucks) - - - - - - PS PS - P P - - - Vehicle Service (major repair/body shop) - - - - - - - - - P P P P - Vehicle Service (minor maintenance/repair) - - - - - - PS PS - PS P P P - Town of Lillington, NC Unified Development Ordinance III-3 LAND USE TYPE: RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO E. MANUFACTURING, INDUSTRIAL & WHOLESALE TRADE Chemical, Medals, Machinery and Electronic Manufacturing - - - - - - - - - - - - S - Foods, Textiles and Related Products - - - - - - - - - - - P P - Light Industry Uses - - - - - - - - - - PS PS PS - Heavy Industry Uses - - - - - - - - - - - - P - Landfill - - - - - - - - - - - - S - Light Manufacturing Workshops - - - - - - P P P P P P P - Materials Recovery & Waste Transfer Facilities - - - - - - - - - - - S PS - Recycling Collection Stations - - - - - - - - - - PS PS PS - Storage – Self Service - - - - - - - - - - S P P - Warehouse & Storage (Outdoor) - - - - - - - - - - - P P - Warehouse and Storage (Indoor) - - - - - - - - - - S P P - Wholesaling and Distribution Establishments - - - - - - - - - - - P P - Wood, Paper and Printing Products - - - - - - - - - - - P P - LAND USE TYPE: RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO F. EDUCATION AND INSTITUTIONS Business Associations, Non-profits and Civic Clubs - - - - - - P P P P P - - - Cemetery PS PS PS PS PS PS PS - PS PS PS - - PS Child/Adult Day Care (8 or less persons) P P P P P P P - P P P - - - Child/Adult Day Care (more than 8 persons) PS PS PS - - PS PS - PS PS PS - - - College or University S S S S S S S S S S S Community Support Facility PS S S S S PS PS PS- PS PS - - - PS Conference/Convention Center P - - - - - - P - P P - - - Correctional Institution - - - - - - - - S - - S S - Halfway House - - - - S S S - S S - - - S Hospital - - - - - - - - P P P P - - Museum/Cultural Facility - - - - - P P P P P - - - Public Administration/Civic Meeting Facilities P P P - - P P P P P P - - P Public Safety Station S S S S S S PS P P P P P P P Recreation Facility (Indoor) - P P P P P P P P P P P P Recreation Facility (Outdoor) P P P P P P P P P P P - - P Religious Institutions P P P P S S S - P P P P - - School (elementary or secondary) P S S S S S S - S - - - - S Sports Arena/Stadium - - - - - - - S - S S P - - Studio (art, dance, martial arts, music) - - - - - P P P P P P - - - Town of Lillington, NC Unified Development Ordinance III-4 LAND USE TYPE: RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO G. AGRICULTURE AND FORESTRY Agritourism PS PS - - - - - - - - - - - - Animal Production P S - - - - - - - - - - - - Community Gardens P P P P P P P P P P P - - P Kennels (indoor) P - - - - - - - - P P P - - Kennels (outdoor) S S - - - - - - - - PS P P - Nurseries and Garden Centers P P - - - - - - P P - - - - Produce Stands PS PS - - - - PS PS PS PS PS - - PS LAND USE TYPE: RR RS-20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO H. COMMUNICATIONS, TRANSPORTATION AND INFRASTRUCTURE Airstrip S S - - - - - - - - - S S S Rail Station - - - - - - - S - S S S - - Solar Energy System S - - - - - - - - - - S S - Truck and Freight Transportation Services - - - - - - - - - - - P P - Utilities (Class 1) P P P P P P P P P P P P P P Utilities (Class 2) P P P P P P P P P P P P P PP Utilities (Class 3) - - - - - - - - - - - P P - Wireless Telecommunications Facility (non-tower) PS PS PS PS PS PS PS PS PS PS PS PS PS PS Wireless Telecommunications Tower S S - - - - - - - - S S S S LAND USE TYPE: RR RS20 RS-15 RS-10 RMF RMX NMX CB O/S NB GB LI HI FRO I. UNCLASSIFIED OR NO FUNCTION Satellite Dishes (greater than 24” in diameter) PS PS PS - - - PS PS - PS PS P P PS *Temporary Uses/Special Events PS PS PS PS PS PS PS PS PS PS PS PS PS PS *Requires Board of Commissioners approval if located on public street/property. Town of Lillington, NC Unified Development Ordinance III-1 Section 3.02 SUPPLEMENTARY USE STANDARDS FOR SPECIFIC USES 3.02.1 APPLICABILITY There are certain uses that exist which may be constructed, continued, and/or expanded provided they meet certain conditions specific to their design or operation. Such conditions ensure compatibility so that different uses may be located in proximity to one another without adverse effects to either. When uses are listed in the Use Table above as Permitted with Supplemental Use Standards (PS) or uses requiring Special Use Permits (S) they shall comply with the additional criteria set forth in this Article for that use in addition to other applicable criteria contained in this ordinance. 3.02.2 LAND USES PERMITTED WITH SUPPLEMENTAL USE STANDARDS (PS) A. Land uses with supplemental standards are uses permitted by right, provided that the specific standards set forth in this Article are met. B. The specified standards are intended to ensure that these uses fit the vision of the zoning districts in which they are permitted, and that these uses are compatible with other development permitted within the districts. 3.02.3 SPECIAL USE PERMITS A. Purpose There are uses that are generally compatible with other land uses permitted in a zoning district but, because of their unique characteristics or potential impacts on adjacent land uses, are not permitted in zoning districts as a matter of right. These uses may be permitted through the issuance of a Special Use Permit (SUP) after ensuring that the use complies with the approval criteria listed below. No inherent right exists to receive a SUP. Such authorization must be approved under a specific set of circumstances and conditions. Each application and situation is unique and may be subject to specific requirements to mitigate the impacts of the proposed use. B. Criteria 1. See Article 7 – Administration and Development Processes. Section 3.03 RESIDENTIAL – SUPPLEMENTAL USE STANDARDS 3.03.1 GENERAL PROVISIONS FOR ALL MANUFACTURED HOUSING All manufactured HUD homes and offices, whether used for residential or business purposes and whether placed in a manufactured home park or on an individual lot of record, shall meet the following requirements: A. Each manufactured home stand and space shall be graded to provide adequate storm drainage away from the structure and such that there will exist no more than 3 feet difference between the chassis of the home or office and the finished grade of the stand along the entire perimeter of the home or office proper. B. The manufactured home or office is set up in accordance to the standards set by the North Carolina Department of Insurance in the current edition of the North Carolina Regulations for Manufactured Homes, including, but not limited to, all footings, supporting piers, anchors, and tie downs. C. The tongue, moving hitch, wheels, axles, and transporting lights are all removed. Town of Lillington, NC Unified Development Ordinance III-2 D. Stairs, porches, entrance platforms, ramps, and other means of entrance and exit to and from the home are installed in accordance with the requirements of the North Carolina State Building Code, attached firmly to the primary structure, and anchored securely to the ground. E. Other than those within the manufactured home or office itself, all installations of plumbing and electrical wiring and all gas and oil appliances shall comply with the provisions of the building, plumbing, electrical, heating, and gas regulations of the North Carolina State Building Code. F. Empty liquefied petroleum gas containers and other objects and materials not approved by the Fire Department shall not be stored under manufactured homes or offices. 3.03.2 CLASS A MANUFACTURED HOMES (DOUBLE-WIDE’S): A continuous permanent masonry foundation, unpierced except for required ventilation and access, shall be installed around the entire perimeter of the home or office. If the masonry foundation is not brick, stone, or decorative concrete block it shall be coated with a mortar-like finish on the visible side. Class A Manufactured Homes have additional requirements, as described in the definition section of this ordinance. 3.03.3 CLASS B (SINGLE-WIDE) OR CLASS C (MOBILE HOME) MANUFACTURED HOMES: A. Each single-wide manufactured home or office shall be installed with skirting provided by the manufacturer specifically for such use, unpierced except for required ventilation and access, around the entire perimeter of the home or office. Skirting shall be made of a material compatible with the siding of the home or office. B. Class B and Class C Manufactured Housing (Single-wide manufactured HUD homes) shall be permitted in Manufactured Home Parks only. 3.03.4 MANUFACTURED HOME PARK A. General Park Requirements 1. No manufactured home park shall be approved for a site less than 10 contiguous acres under single ownership or control. 2. The manufactured home park shall be screened from all adjacent property with a 20-foot buffer in accordance with Article 4 – Design Standards. 3. The operator/manager of a manufactured home park shall designate and enforce a uniform type of underpinning of all manufactured homes in the community. 4. All streets within a manufactured home park shall comply with the standards set forth in Article 5 – Subdivisions & Infrastructure. Town of Lillington, NC Unified Development Ordinance III-3 5. An acceptable plan for the collection and disposal of garbage shall be included in the site plan for the manufactured home park. The size and type of all garbage receptacles shall be in conformance with town standards. No person shall throw or leave garbage or refuse upon the ground of any manufactured home park. It shall be the duty of the manufactured home park operator to make certain that all garbage and refuse are regularly disposed of in a sanitary manner. 6. Recreational space shall be provided in accordance with Article 5 – Subdivisions & Infrastructure. 7. Maximum density is 5 units per acre; minimum area is 3 acres. B. Space Requirements 1. Each manufactured home space shall be clearly established on the ground by permanent monuments or markers. 2. No more than one manufactured home may be parked on any manufactured home space. 3. Minimum setbacks for all sides for a manufactured home within a space (any attached accessory structure, such as room extensions, porches and porch roofs and carports shall, for the purpose of this setback requirement, be considered to be part of the manufactured home) shall be 15 feet. 4. No manufactured home space shall have direct vehicular access to a thoroughfare street. 5. Each manufactured home stand and space shall be graded to provide adequate storm drainage away from the structure and such that there will exist no more than 3 feet difference between the chassis of the home or office and the finished grade of the stand along the entire perimeter of the home or office proper. 6. Each home shall be at least 40 feet from any property line. 7. Each manufactured home space shall have a permanent site number sign that is clearly visible from the street running in front of the home. 8. A minimum of 2 parking spaces shall be provided for each manufactured home. 9. A visitor parking area, consisting of 1 space for each 5 manufactured home units located within the park, shall be provided. This parking area does not have to be paved. Town of Lillington, NC Unified Development Ordinance III-4 3.03.5 ACCESSORY DWELLINGS A. One (1) accessory dwelling unit is permitted as an accessory to a residential use. B. The dwelling unit may be attached or detached, located on the side or rear of the property. C. The maximum size of Accessory Dwellings is the lesser of fifty (50) percent of the living area of the Principal Structure or one thousand (1,000) square feet. D. Accessory Dwellings must be a minimum of 10 feet from the side or rear setback and shall not be located within the front setback. E. If the Accessory Dwelling is attached to the primary residence, then access is limited to the side or rear of the Accessory Dwelling or to an existing door. F. Attached or detached Accessory Dwellings must have the same architectural appearance of the primary residence such as same type and color of siding, trim and roofing appearance. G. Manufactured housing, campers, travel trailers and recreational vehicles are not permitted for use as an accessory dwelling. H. Must contain complete kitchen facilities including a stove or cook top and a full bath including lavatory, water closet, and tub or shower (or combination). I. One off-street parking space shall be provided in addition to those required for the principal dwelling. 3.03.6 MULTI-FAMILY CONVERSIONS A. A maximum of 4 units is permitted in a converted single-family dwelling and it shall be designed such that a maximum of two main entrances are on the fronting façade (similar to a duplex configuration). Additional building entrances may be provided on the side and rear of the building. B. Must result from the conversion of a single building containing at least 2,000 square feet of Gross Floor Area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a Single-Family residence. 3.03.7 MULTI-FAMILY A. For properties zoned CB: First or main floor of building must be non-residential and must provide a “shop-front” appearance at the sidewalk level in accordance with Article 4 – Design Standards. See Section 4.09.06 – Multi-Family Development Standards for specific architectural & design requirements. B. For properties zoned RMF, RMX, & NMX: See Section 4.09.06 – Multi-Family Development Standards for specific architectural & design requirements. 3.03.8 FAMILY CARE HOME (6 OR FEWER RESIDENTS) A. Family Care Homes shall be certified by the International Building Code, as amended by the NC Building Code. B. No Family Care Home shall be closer than ½ mile to another such use. 3.03.9 LIVE-WORK UNITS Construction shall meet requirements of the International Residential Code, and the following: Town of Lillington, NC Unified Development Ordinance III-5 A. The maximum total size of a live-work unit shall be 3,000 square feet and 3 stories in height. B. The work area shall occupy a maximum of 50% or less of the total unit. C. The non-residential area function shall be limited to the first or main floor only. D. A maximum of 3 non-residential worker or employees are allowed to occupy the non-residential area at any one time. E. The same tenant shall occupy the work area and living area. 3.03.10 RESIDENTIAL CARE FACILITIES (MORE THAN 6 RESIDENTS) A. Residential care facilities must be buffered from adjacent residentially zoned property with a 20-foot buffer in accordance with Article 4 – Design Standards. B. Prior to the submission of an application, an owner/operator of a residential care facility shall have received a license from the State of North Carolina for such a facility. C. Unless located and having access on an arterial or marginal access street, no residential care facility shall contain more than 16 units. D. To the extent practicable, the community shall provide access connectivity (vehicular and pedestrian) to adjacent neighborhoods. E. The following accessory uses are permitted: congregate dining facilities, recreational and social facilities, health care facilities, gift shops, snack shops, banks, barber/beauty shops, and similar services for residents. Section 3.04 LODGING & ACCOMMODATIONS – SUPPLEMENTAL USE STANDARDS 3.04.1 BED AND BREAKFAST ESTABLISHMENTS Bed & Breakfast establishments, where allowed, are subject to the following standards: A. No more than eight (8) guest rooms that offers bed and breakfast accommodations may be provided on each private residence; B. Serves only the breakfast meal, and that meal is served to overnight guests of the business; C. An owner/manager of a bed and breakfast home shall reside on the property. 3.04.2 ROOMING AND BOARDING HOUSE A. In residential and mixed use districts, parking areas shall not be permitted in the front yard and shall be screened from adjacent properties by a 20-foot buffer. B. The owner shall serve as a full-time manager or otherwise designate a fulltime manager, either of which shall permanently reside on the premises. C. The minimum size of any sleeping room shall be 200 square feet per resident. D. One full bath consisting of tub or shower, toilet and sink shall be provided for each 4 residents. E. Full kitchen facilities, consisting of a stove, oven, sink, refrigerator, food preparation area, and storage areas shall be provided and accessible to all tenants. F. Signs, other than address/tenant identification signs which meet the requirements of Article 4 – Design Standards, shall not be permitted. G. All of the lot area which is not used for parking, sidewalks, buildings, utility structures or site access must be landscaped and maintained. Town of Lillington, NC Unified Development Ordinance III-6 Section 3.05 OFFICE & SERVICES – SUPPLEMENTAL USE STANDARDS 3.05.1 BANKS, CREDIT UNIONS, FINANCIAL SERVICES A. Teller & ATM traffic queues will not interfere with pedestrian movement along public sidewalks or create a traffic hazard. B. Drive-through lanes or loading spaces shall not be located any closer than thirty- five (35) feet to a residential zoning district and shall be located in the side or rear yards only. 3.05.2 HOME OCCUPATIONS A. Permitted in the primary dwelling only as an accessory use. B. Clearly incidental and secondary to residential occupancy. C. The use shall be carried on entirely within an enclosed structure on the premises. D. No more than 25% of the total floor area or 500 square feet, whichever is less, is used for such purposes E. No sign or display of products be visible from the streets; F. No more than one person not a resident of said dwelling is employed in connection with the home occupation. G. The home occupation shall be operated by a resident of the dwelling. H. Storage of goods and materials associated with the home occupation must be completely within an enclosed structure. I. Parking must be provided so as not to create hazards or street congestion. J. All parking associated with the home shall be accommodated off-street or in spaces directly in front of the residence. K. No generation of dust, odors, noise, vibration or electrical interference or fluctuation shall be perceptible beyond the property line. 3.05.3 RESTRICTED PERSONAL CARE SERVICES A. Such facilities shall be at least 1,000 feet from a religious institution, school or playground or another such facility and shall be a minimum of 500 feet road frontage spacing from residential uses in a residential zoned district. B. The facility shall be open to the public only between the hours of 8:00 a.m. and 11:00 p.m. 3.05.4 VETERINARY SERVICES Only animals in veterinary care may stay overnight. No kennels or storage of animals shall be permitted outside unless otherwise permitted in the district in which it is located. Town of Lillington, NC Unified Development Ordinance III-7 Section 3.06 COMMERCIAL AND ENTERTAINMENT – SUPPLEMENTAL USE STANDARDS 3.06.1 ADULT ESTABLISHMENTS A. Some special entertainment uses because of their very nature can have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances can produce deleterious secondary effects on adjacent areas and the community at large, including increased transients, increased crime, disruptive conduct, financial instability and negative influences on children and the surrounding populace. B. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood due to the deleterious secondary effects listed above. C. Avoiding concentration of these uses, separating these uses from other uses and screening these uses can reduce the deleterious secondary effects listed above. D. These special regulations are itemized in this section. The primary control or regulation is the purpose of preventing a concentration of these uses in any one area (i.e., not more than one (1) such use within two thousand (2,000) feet of each other which would create such adverse effects): 1. Adult Bookstores; 2. Adult Motion Picture Theaters housed in a permanent indoor structure; 3. Clubs and other places of entertainment operated as a commercial enterprise providing nude or semi-nude entertainment such as "topless" dancing; 4. Eating and drinking establishments including drive-in curb service providing nude or semi-nude entertainment such as "topless" dancing; 5. Any Physical Culture establishment, masseur, massage parlor, health salon or club not otherwise defined in this UDO. 6. Adult Motels and Hotels. E. Location of uses. 1. No use regulated under this section may be located within two thousand (2,000) feet of another use permitted under this section which will be measured from the exterior walls of the building(s) containing such regulated use. 2. No use permitted under this section may be located within one thousand feet (1000) of any area zoned for residential use or from the property line of any residential dwelling. 3. One thousand five hundred feet (1,500) of any religious institutions, day care center (child/adult) or public or private schools, public park, library or theater open to the general public in any zoning districts. 4. Measurements of distance separation shall be in a straight line from the closest points of the building at which the adult uses are located. 5. No use regulated under this section may be located in any designated Highway Overlay District. Town of Lillington, NC Unified Development Ordinance III-8 F. Signs 1. Signage is limited to one (1) wall sign per premise. 2. The maximum Sign area shall be 10 square feet. G. Hours of Operation. No adult establishment shall operate before 4:00 p.m. or after 12:00 midnight. 3.06.2 DRIVE-IN THEATER A. Outdoor theaters shall be buffered from adjoining residential uses with a 50- foot buffer as set forth in Article 4 – Design Standards. B. The performance and audience areas for any outdoor theater shall be located a minimum of 200 feet from any adjacent residentially zoned property. C. Primary access to all outdoor theaters shall be to a collector or higher order street. D. Lights shall be shielded and positioned so as not to shine onto adjacent properties. 3.06.3 DRIVE-THROUGH FACILITIES A. Traffic queues will not interfere with pedestrian movement along public sidewalks or create a traffic hazard. B. Use of the drive-through service will not interfere with the use, enjoyment or operations of adjacent properties. C. Drive-through lanes or loading spaces shall not be located any closer than thirty- five (35) feet to a residential zoning district. D. If a speaker box faces a residential zoning district, there shall be a 50-foot buffer or sound wall between the speaker box and the residential district. E. Stacking Lane Requirements 1. All uses and facilities providing drive-up or drive-through service shall provide the at least the minimum required vehicle stacking spaces established below. 2. Stacking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet long. 3. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces. 4. A solid faced brick, masonry or wooden wall or fence shall be provided along a property line abutting Lots or Parcels zoned residential purposes to block lights from vehicles in the stacking lanes or drive through facility. Activity Minimum Required Stacking Spaces Measured From Bank teller lane 4 Teller or Window Restaurant, drive- through 6 Order Box to Beginning of Drive Through Lane Car wash 4 Stall Entrance Town of Lillington, NC Unified Development Ordinance III-9 3.06.4 GAS/FUELING STATION A. Canopies/Pumps 1. Must be located to the side or rear of the principal building. 2. Pump canopies must be located at least 50 feet from any interior side or rear property line that adjoins residentially developed property. 3. Must be buffered from adjoining residential uses with a 20-foot buffer in accordance with Article 4 – Design Standards. 4. The maximum number of pumps permitted at a single gas/fueling station shall be 12. 5. A conforming principal building is required and shall be a minimum of 1,600 square feet. B. Lighting All lighting must be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Article 4 – Design Standards. 3.06.5 OPEN AIR RETAIL A. The use shall be conducted behind the prevailing setback line for the district. B. Sidewalk Kiosks, Vendor Carts, Concession Stands, etc: Such uses shall be permitted to operate within the right-of-way provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet) and the automobile and bicycle travel way is clear of obstructions. C. No permanent parking is required but the use must accommodate reasonable vehicular circulation and parking to preclude off-site impacts as determined by the Administrator. 3.06.6 OUTSIDE SALES A. Outside sales must be clearly secondary to the primary use within the associated permanent structure and shall generally be located to the side or rear of the principal structure. Display of merchandise for sale outdoors in the front yard shall not exceed a maximum of 12 feet from the front face of the building. B. Displays on public sidewalks: Merchandise for sale may be placed on the public sidewalk in front of the shop where the building is directly adjacent to the sidewalk provided that adequate pedestrian clearance on the sidewalk is maintained (minimum of 5 feet). Such sales may also be subject to other town ordinances, ADA requirements, etc. C. Merchandise for sale may be located outside the primary use between the hours of 7:00 AM – 7:00 PM (this provision does not apply to primary uses for Automobile, Vehicles or Equipment Sales ). 3.06.7 PAWN SHOPS Pawn shop facilities shall be at least 1,000 feet from a religious institution, school or playground or another pawn shop and shall have a minimum of 500 feet road frontage spacing from residential uses in a residential zoned district. 3.06.8 SHOOTING RANGE, OUTDOOR A. Outdoor shooting ranges shall be buffered from adjoining properties with a 50- foot buffer as set forth in Article 4 – Design Standards. Town of Lillington, NC Unified Development Ordinance III-10 B. Outdoor shooting ranges shall be located no closer than 1,000 feet to any religious institution, school or residential dwelling. 3.06.9 THEATER, OUTDOOR A. Outdoor theaters shall be buffered from adjoining residential uses with a 50-foot buffer as set forth in Article 4 – Design Standards. B. Primary access to all outdoor theaters shall be to a collector or higher order street. C. Lights shall be shielded and positioned so as not to shine onto adjacent properties. 3.06.10 VEHICLE RENTAL (MOVING TRUCKS) A. Vehicles must be stored in an area that is screened from the public right-of-way and adjacent residential neighborhoods by a 50-foot buffer in accordance with Article 4 – Design Standards. B. When vehicle rental is an accessory use, the storage of vehicles shall not occupy more than the minimum number of required spaces. C. All parking areas shall be placed in accordance within the provisions of Article 4 – Design Standards and shall be accessory to an otherwise conforming building. 3.06.11 VEHICLE SERVICES – MINOR MAINTENANCE/REPAIR A. All outdoor storage areas shall be screened by a 50-foot buffer in accordance with Article 4 – Design Standards. B. Vehicle bays shall be set perpendicular to the street or otherwise screened from direct view by landscaping. Section 3.07 MANUFACTURING, INDUSTRIAL AND WHOLESALE TRADE – SUPPLEMENTAL USE STANDARDS 3.07.1 LIGHT INDUSTRY USES A. No generation of dust, odors, noise, vibration or electrical interference or fluctuation shall be perceptible beyond the property line. B. All establishments shall be maintained so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans. C. Vehicular access to the site shall be provided on a thoroughfare of suitable industrial capacity as determined by the Administrator and/or any required Transportation Impact Analysis. 3.07.2 HEAVY INDUSTRY USE A. All such uses must be located a minimum distance of 500 feet from the RS-20, RS-15, RS-10, RMF, RMX and CB districts and any parallel conditional zoning district to those districts. B. All establishments shall be maintained so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans. C. Vehicular access to the site shall be provided on a thoroughfare of suitable industrial capacity as determined by the Administrator and/or any required Transportation Impact Analysis. Town of Lillington, NC Unified Development Ordinance III-11 3.07.3 MATERIAL RECOVERY & WASTE TRANSFER FACILITIES A. All such uses must be located a minimum distance of 500 feet from the RS-20, RS-15, RS-10, RMF, RMX and CB districts and any parallel conditional zoning district to those districts. B. All establishments shall be maintained so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans. C. Vehicular access to the site shall be provided on a thoroughfare of suitable industrial capacity as determined by the Administrator and/or any required Transportation Impact Analysis. D. A minimum 150-foot buffer area is required along all property lines and public rights-of-way. No materials recovery and waste transfer activities, including parking, access roads, buildings, or disposal shall occur in the buffer area. Roads for access to the site may cross the 100-foot area, and monitoring wells may be located within the 100-foot area. All existing trees within the buffer area shall be preserved, except to allow for construction of necessary road crossings and monitoring wells. E. A 50-foot buffer shall be required in the buffer area along all property lines and public rights-of-way regardless of the adjacent zoning. Existing plant material may be included in the computation of the required plantings, with approval of the Administrator. 3.07.3 MATERIAL RECOVERY & WASTE TRANSFER FACILITIES A. All such uses must be located a minimum distance of 500 feet from the RS-20, RS-15, RS-10, RMF, RMX and CB districts and any parallel conditional zoning district to those districts. B. All establishments shall be maintained so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans. C. Vehicular access to the site shall be provided on a thoroughfare of suitable industrial capacity as determined by the Administrator and/or any required Transportation Impact Analysis. D. A minimum 150-foot buffer area is required along all property lines and public rights-of-way. No materials recovery and waste transfer activities, including parking, access roads, buildings, or disposal shall occur in the buffer area. Roads for access to the site may cross the 100-foot area, and monitoring wells may be located within the 100-foot area. All existing trees within the buffer area shall be preserved, except to allow for construction of necessary road crossings and monitoring wells. Town of Lillington, NC Unified Development Ordinance III-12 E. A 50-foot buffer shall be required in the buffer area along all property lines and public rights-of-way regardless of the adjacent zoning. Existing plant material may be included in the computation of the required plantings, with approval of the Administrator. 3.07.4 RECYCLING COLLECTION STATIONS (NB, HB, ICD, LI, HI) A. All outdoor storage, collection loading and processing areas must be located a minimum distance of 500 feet from the RS-20, RS-15, RS-10, RMF, RMX and CB districts and any parallel conditional zoning district to those districts. B. All outdoor storage, collection loading and processing areas must be located a minimum distance of 50 feet from the adjacent property line. C. All establishments shall be maintained so as not to create environmental hazards (such as oil or gas leaks or spills) that pose a threat to ground or surface water quality, air quality, wildlife and/or humans. D. Vehicular access to the site shall be provided on a thoroughfare of suitable industrial capacity as determined by the Administrator and/or any required Transportation Impact Analysis. Section 3.08 EDUCATION AND INSTITUTIONS – SUPPLEMENTAL USE STANDARDS 3.08.1 CEMETERY A. A minimum of 3 contiguous acres shall be required to establish a cemetery, columbarium or mausoleum not located on the same tract of land as a religious institution. B. The minimum yard required for all structures, excluding gatehouse, is 50 feet from any exterior property line. Gatehouses shall be excluded from any minimum yard requirement. C. The minimum yard required for mausoleums and columbariums adjacent to a street shall be equal to a principal building front yard in the district. D. The minimum yard required for any grave or burial plot is 50 feet from any exterior property line. This requirement does not apply where the adjacent property contains an existing cemetery. E. The minimum yard required for any grave or burial plot adjacent to a street shall be equal to a principal building front yard in the district provided that, where graves or burial plots are adjacent to streets and closer than 50 feet, a low planted screen shall be provided between the street and the cemetery. Such screen shall be 8 feet wide planted with evergreen shrubbery placed a maximum of 5 feet on center. All shrubs shall achieve a height of 4 feet within 3 years. 3.08.2 CHILD/ADULT DAY CARE CENTER (MORE THAN 8 PERSONS) A. Outdoor play space for Child Care Homes shall be provided in accordance with the regulations of North Carolina Department of Human Resources. B. Outdoor play space shall be enclosed on all sides by building and/or walls or fences in accordance with the standards in ordinance. The minimum height for such fences shall be 4 feet. Town of Lillington, NC Unified Development Ordinance III-13 C. Outdoor play space may not include driveways, parking areas, or land otherwise unsuitable for children's play space. D. Outdoor play space may not be in the established front yard. E. Adult Day Care Centers: Adult Day Care Centers shall meet the requirements of the North Carolina Department of Health and Human Service’s “Adult Day Care and Day Health Services Standards for Certification.” 3.08.3 COMMUNITY SUPPORT FACILITY No such use may be located within 1000 feet of another such use measured as a straight line on a map unless as part of an accessory use to an existing religious institution. 3.08.4 HALFWAY HOUSES No such use may be located within 2500 feet of another such use measured as a straight line on a map. 3.08.5 SCHOOLS – ELEMENTARY & SECONDARY A. Athletic fields and parking areas must be buffered from adjacent residentially zoned property with a 20-foot buffer as set forth in Article 4 – Design Standards. B. Connectivity (vehicular and pedestrian) to surrounding residential areas is required. Where a full vehicular connection is impractical, a multi-use trail connection shall be provided. C. Student pick-up/drop-off areas shall adhere to NCDOT standards for vehicular circulation and stacking. Section 3.09 AGRICULTURE AND FORESTRY – SUPPLEMENTAL USE STANDARDS 3.09.1 AGRITOURISM A. Agritourism, as defined in Article 10 of this ordinance, means any activity carried out on a farm or ranch setting that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, historic, cultural, harvest-your-own activities, fishing, equestrian activities, or natural activities and attractions. B. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, the sales of agricultural and/or plant products, hayrides, horse farms (breeding, boarding, riding lessons, training, buying selling, showing, racing, etc.), corn mazes, tours, class field trips, weddings, receptions, wineries, breweries and an activity involving any animal exhibition at an agricultural fair licensed by the Commissioner of Agriculture pursuant to NCGS 106-520.3. C. The sale of farm or agricultural-related products not produced on-site, shooting ranges, and rides on non-farm recreational equipment, including motorcycles or all-terrain vehicles (ATVs), are prohibited. D. The minimum lot size for agritourism land use shall be 2 acres. E. The minimum size of any structure used for agritourism shall be 1,000 square feet. Town of Lillington, NC Unified Development Ordinance III-14 F. A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that: 1. is owned by a person who holds a qualifying farmer sales tax exemption certificate from the Department of Revenue pursuant to NCGS 105-164.13E(a) or 2. is enrolled in the present-use value program pursuant to NCGS 105-277.3. Formatted: Indent: Left: 1", No bullets or numbering Town of Lillington, NC Unified Development Ordinance III-15 3.09.21 ANIMAL PRODUCTION A. Animal production may only occur on a lot exceeding 2 acres in size. B. Not more than one animal unit shall be kept, maintained or stabled per 6,000 square feet of land. C. All animals shall be fenced so that they are no closer than 100 feet from a dwelling unit on an adjacent property. This provision shall not apply if a dwelling unit is constructed so as to encroach upon an existing animal production use. However, an existing animal production use may not expand towards a newly established residential use. 3.09.32 KENNELS, OUTDOOR A. Any building or pen housing animals shall be located a minimum of 150 feet from any residentially zoned or developed property. B. Areas used for exercising or training of animals shall be securely fenced to prevent the animals from straying. C. All animal refuse and food shall be kept in airtight containers and disposed of on a regular basis. D. Animal wastes shall not be stored within 150 feet of any property line or surface waters unless located indoors. E. All such outdoor kennels and similar animal shelters shall be buffered from any adjoining residentially zoned property with a 50-foot buffer in accordance with Article 4 – Design Standards. 3.09.43 PRODUCE STANDS A. Produce stands shall be permitted by the Administrator to operate on an individual parcel for a period of time not to exceed 90 consecutive days and no more than 2 events per calendar year. B. Hours of operation shall be limited to 7:00 AM – 10:00 PM. 3.09.54 SOLAR ENERGY SYSTEM A. All equipment shall be a minimum of a one hundred feet (100’) from all property lines. B. There shall be a 50-foot buffer area along all property lines. C. The entire site shall be fenced, a minimum of six feet (6’ in height) and secured to reduce/eliminate trespassing. D. A maximum height (not including power lines) for the solar panel arrays shall be no more than fifteen five feet (15’). E. Landscaping including vegetative buffers, security fences and gates shall be maintained for the duration of the solar farm operation, up to and including decommissioning. F. Solar panels shall be constructed so as to minimize glare or reflection onto adjacent properties and roadways. G. The Administrator shall be advised in writing within thirty (30) days by the solar farm operator or property owners (whichever entity/party holds the development and building permits) in the event the project is sold or otherwise transferred to another entity/party and/or the current operator/owner abandons the project. Town of Lillington, NC Unified Development Ordinance III-16 H. At the time of applying for permits the applicant (solar farm developer or property owner) shall include a decommissioning plan with the anticipated life expectancy of the solar farm and the anticipated cost in current dollars, as well as the method (s) of insuring that funds will be available for decommissioning and restoration of the project site to its original, natural condition prior to the solar farm development. I. If the site is damaged, the solar farm operator shall have twelve (12) months to bring the project back to its operational capacity. If for any reason the solar farm is not generating electricity after six (6) months, the operator shall have six (6) months to complete decommissioning of the solar farm. J. In the event of bankruptcy or similar financial default of the solar farm, the property owner of the project site shall bear the decommissioning costs. K. All solar farms shall be in compliance with the requirements of the most current State Building and Electrical Codes, the State of North Carolina and Harnett County. L. Each solar farm shall be required to have the facility inspected annually for three (3) years by the Administrator or his/her designee following the issuance of the permit to verify continued compliance with this ordinance. Section 3.10 COMMUNICATIONS, TRANSPORTATION AND INFRASTRUCTURE – SUPPLEMENTAL USE STANDARDS 3.10.1 AIRSTRIP A. Hangars or open storage shall be screened with a 20-foot buffer from all property lines, except those properties with LI and HI zoning. B. No outdoor public address system shall be permitted which can be heard beyond the boundaries of the property. C. Hours of operation shall be limited from 6 am – 10 pm. 3.10.2 WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER) Maximum height on any co-located structure shall be 40 feet. 3.10.3 WIRELESS TELECOMMUNICATIONS TOWERS A. Transmission towers may be sited on any held tract of land exceeding one-half acre in size. B. The site shall be fenced with an eight-foot high fence, landscaped and buffered. Town of Lillington, NC Unified Development Ordinance III-17 C. Abandoned towers (those not used for a period of six months or more) shall be removed by carriers. D. Should technology changes render the height of the tower excessive, the Administrator may require that the tower be reduced in height, replaced or removed. E. All telecommunication towers must have setbacks from all property lines of at least one foot for every foot of structure height. F. Height of the structure shall be limited to a maximum of 200 feet in all districts. G. Special Use Permit applications shall provide the following information that: 1. Demonstrates the antenna's compliance with State and Federal radio frequency emission standards. 2. Specifies the tower height and design and include a cross-section of the structure. 3. Details any technical, engineering, economic and other pertinent factors governing the selection of the proposed design. 4. Demonstrates the tower's compliance with applicable structural standards, which may include certification that the tower will withstand sustained winds in accordance with local building codes or nationally recognized standards. 5. Describes the failure characteristics of the tower and demonstrates that the site and setbacks are of adequate size to contain debris. 6. Describes the tower's maximum capacity, including the number of antennas that it can accommodate for collection, taking into consideration radio frequency interference, mass, height and other characteristics, as well as options to overcome any problems that these considerations may pose to service delivery. 7. Assesses the environmental impact of the facility siting, including the impact on adjacent structures and districts as well as on historic sites and streetscapes. 8. Determines whether the construction of the tower and its reception and transmission functions will interfere with the usual and customary transmission or reception of radio, television and other services on adjoining properties. 9. Documents the due diligence in seeking and subsequent failure to find space on an existing tower to collocate their antenna(s) (if permission for tower construction is being sought). 10. Documents compliance with or exemption from FCC, FAA, MEPA and any other federal or state regulations applicable to the siting; statements must be issued from the FCC, FAA or the state attesting to the proposed facility's compliance. 11. Includes an agreement between the Town and the tower owners and their successors to allow shared use of the tower if: a) Capacity exists based on existing and planned use; b) A future Applicant for space on the tower agrees in writing c) The potential use is technically compatible Town of Lillington, NC Unified Development Ordinance III-18 12. Documents anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise or safety impacts of such maintenance. 13. Documents liability insurance or bonding where applicable. 14. Includes approval of the site owner, if different from the tower owner, to apply for a permit. Section 3.11 TEMPORARY USES/SPECIAL EVENTS – SUPPLEMENTAL USE STANDARDS Proposed land uses defined as temporary uses shall obtain a zoning permit that outlines the conditions of operations and shall be consistent with the applications of this section. Upon conformance to all requirements of this section, the Administrator has the authority to issue a development permit for temporary uses such as bazaars, festivals, carnivals, produce stands, seasonal outdoor sales, races, construction offices, and similar uses. Such permit shall be issued for a fixed period of time, to be stated in the permit and shall be subject to such limitations as the Administrator may impose to protect the character of the district affected. The Administrator may consider any prior violation of this ordinance by applicant for which the applicant has received citation or notice from the Administrator as grounds for denial of an application. 3.11.1 GENERAL STANDARDS / PERMIT REQUIREMENTS FOR ALL TEMPORARY USE/SPECIAL EVENTS A. All permitted temporary uses listed in this section require a zoning permit for temporary use that shall be reviewed and issued by the Administrator. B. The property on which a temporary use is proposed must contain sufficient space to support the temporary use. C. Parking must be adequate to support the proposed temporary use. D. Restroom facilities, if needed, must be provided. E. All inspections and permits required by the building code, fire marshal, or applicable government agency must be received. F. A temporary use shall last only as long as that time period stated in the development permit but shall not exceed 140 days within a calendar year on any individual lot. Duration of a development permit for temporary use is intended to include days operated, or attended by persons not employed by or volunteering to work at the event and does not include the setup, takedown, clean-up, or rehearsal days of the event. G. The applicant is responsible for fully removing from the site any structures allowed as temporary uses and also any garbage or rubbish resulting from the temporary use within 3 days after the expiration of the zoning permit. Each day after the expiration of the permit in which applicant fails to fully remove a structure or garbage or rubbish shall be deemed a violation of this ordinance. H. Temporary uses shall be limited to a maximum duration of 14 days, unless otherwise specifically authorized or extended by the Administrator. A permittee may request an extension of the approval term in writing before the expiration of the original approval term and the Administrator may approve an extension upon a finding that the special event has substantially complied with all conditions of Town of Lillington, NC Unified Development Ordinance III-19 the original approval, and that the extension will not create substantial adverse impacts on adjacent properties. I. Maximum number of special events per property: within any single calendar year, the same property may host no more than ten special events. The temporary use permits for these special events may be reviewed and approved concurrently. A minimum of 14 days shall lapse between special events on any one property. J. Any temporary use/special event involving usage of a public street/property shall require Board of Commissioner approval. 3.11.2 TEMPORARY EVENTS / USES EXEMPT FROM PERMIT REQUIREMENTS Zoning permits for temporary uses are not required for the following events (this exemption does not exclude any other required permits, such as building permit, ABC license, health department approval, Board of Commissioner approval for usage of a public street/property etc.): A. Private events such as weddings, private parties, funerals, etc.; not open to the general public; and lasting less than 12 hours. B. Government-sponsored events and those governed by the Lillington Code of Ordinances; C. Regularly established permanent places of worship, sports facilities, schools, auditoriums, or other similar permanently established place of assembly for events that do not exceed the maximum capacity of the structure or site where the assembly is held. D. Events which occur on property possessing site plan approval for such activities. E. Indoor promotional events where the size and location of such events shall be reasonably related to the existing building and in no case shall interfere with the day-to-day business operations of on-site or adjacent businesses. F. Natural disaster and emergency offices. 3.11.3 TEMPORARY USES WITH SPECIFIC REQUIREMENTS A. Produce Sales, Seasonal Outdoor Sales & Other Similar Uses: Such temporary uses shall not exceed 90 consecutive days and no more than 2 events per calendar year. Hours of operation shall be limited to 7:00 AM – 10:00 PM. B. Contractor’s Office and Equipment/Storage Sheds: Contractor's office and/or equipment/storage sheds may be placed in any district temporarily on the site of construction of a development for which plans have been approved. All such equipment shall be removed upon completion of development. C. Real Estate Office in a Construction Trailer or Temporary Modular Unit: One temporary structure, such as a construction trailer or temporary modular unit may be used as a real estate sales office in any new construction project in any district. Such a temporary structure shall be used for the sale of units within that project only. Temporary real estate offices in construction trailers or temporary modular units may remain on the site until the development completion date. D. Real Estate Office in a Model Home: A model dwelling may be used as a real estate sales office in a new residential development in any District. Such a Town of Lillington, NC Unified Development Ordinance III-20 model home/sales office may be used for the sale of units within that project only. E. Large Events (Bazaars, Festivals, Carnivals, Fairs, Circuses, Concerts & Similar Outdoor Gatherings with the total anticipated assembly of 3,000 or more people and duration of 2 or more days per calendar year on an individual parcel or site). The following information is required as part of the application process a minimum of 30 days prior to the planned event: 1. Anticipated attendance, including previous attendance figures; 2. Anticipated number of days needed to prepare location for use; 3. Means of activity containment (i.e. fencing, security, etc.); 4. Event security, crowd control and traffic safety measures. Provisions for these must be approved by the Lillington Police Department; 5. Location of temporary signage; 6. Existing land uses of all adjacent properties; 7. Location of restroom facilities; 8. Method and location of garbage impoundment and means of removal; 9. Location and method of site lighting; 10. Adequate access for emergency vehicles; 11. Applicant is responsible for obtaining all other applicable permits, such as building permits, ABC licenses, and health department approval. Proof of application for these permits must be submitted with the zoning permit application. Section 3.12 SATELLITE DISH ANTENNAS – SUPPLEMENTAL USE STANDARDS A. The provisions of this section shall apply to satellite dish antennas that are greater than twenty-four (24) inches in diameter. B. Only one satellite dish antenna shall be allowed per premises, except for display models as provided in this section. C. In the RR and RS-20 zoning districts, a ground-mounted satellite dish antenna may be installed only in a side or rear yard and shall not be located within any required building setback. D. In all nonresidential zoning districts: 1. A satellite dish antenna may be installed at any location on the Lot except within ten (10) feet of either a public street right-of-way or a side or rear yard Lot line that abuts a residentially zoned district. 2. A satellite dish antenna may be installed on the roof of the Principal Structure provided it is anchored to a rafter, girder or other superstructure member of the building so as to be structurally secure. Town of Lillington, NC Unified Development Ordinance III-21 E. A dish antenna shall be permanently ground or roof mounted (where permitted) and no antenna shall be installed on a portable or moveable structure except to transport an antenna to a permanent site or to provide a temporary on-site antenna for testing purposes not to exceed seven (7) days in duration. F. A dish antenna shall be painted with a dull, non-glossy finish. No lettering, numerals or pattern shall be permitted on the dish surface other than the name of the manufacturer in letters not to exceed six (6) inches in height. G. No antenna shall exceed an overall diameter of twelve (12) feet or an overall height of seventeen (17) feet above existing grade when located on the ground. H. When located on the roof of a building in a non-residential district, no antenna shall exceed the building height limitation for the district in which it is located by more than ten (10) feet. I. Inoperative satellite dish antennas, not to exceed two (2) in number, may be stored outside of commercial establishments in districts in which satellite dish retail sales are permitted. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com TOWN OF LILLINGTON ORDINANCE FY2024-27 AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes §160A-174; and BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that Lillington Unified Development Ordinance is amended as follows: ARTICLE III. USE STANDARDS SECTION 3.09 AGRICULTURE AND FORESTRY – SUPPLEMENTAL USE STANDARS 3.09.1 AGRITOURISIM A. Agritourism, as defined in Article 10 of this ordinance, means any activity carried out on a farm or ranch setting that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, historic, cultural, harvest-your-own activities, fishing, equestrian activities, or natural activities and attractions. B. A building or structure used for agritourism includes any building or structure used for public or private events, including, but not limited to, the sales of agricultural and/or plant products, hayrides, horse farms (breeding, boarding, riding lessons, training, buying selling, showing, racing, etc.), corn mazes, tours, class field trips, weddings, receptions, wineries, breweries and an activity involving any animal exhibition at an agricultural fair licensed by the Commissioner of Agriculture pursuant to NCGS 106-520.3. C. The sale of farm or agricultural-related products not produced on-site, shooting ranges, and rides on non-farm recreational equipment, including motorcycles or all-terrain vehicles (ATVs), are prohibited. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com D.The minimum lot size for agritourism land use shall be 2 acres. E.The minimum size of any structure used for agritourism shall be 1,000 square feet. F.A building or structure that is used for agritourism is a bona fide farm purpose if the building or structure is located on a property that: 1.is owned by a person who holds a qualifying farmer sales tax exemption certificate from the Department of Revenue pursuant to NCGS 105-164.13E(a) or 2.is enrolled in the present-use value program pursuant to NCGS 105-277.3. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 11th day of June, 2024 __________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: June 11, 2024 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article X of the Lillington Unified Development Ordinance ITEM SUMMARY Consideration of Approval of the Text Amendment to Article X of the Lillington Unified Development Ordinance RECOMMENDED ACTION Approve Text Amendment to Article X of the Lillington Unified Development Ordinance as presented. AGENDA ITEM #14-14A Text Amendments Summary: Three individual text amendments to three sections of the UDO. Article I (1) GENERAL PROVISIONS FOR APPLICABILITY: We are proposing adding Agritourism authority within the incorporated areas of the Town. Article III (3) USE STANDARDS: Article X (10) USE STANDARDS: Summary: The Planning Department was asked to consider adding the ability for bona fide farms as defined under NCGS to be able to conduct Agritourism activities as defined by same. We have added a definition of these activities, limitations of use via the supplemental regulations, and amended the jurisdiction section of the UDO to allow the Town to place restrictions on Agritourism style uses. Town of Lillington, NC Unified Development Ordinance X-1 DEFINITIONS AND INTERPRETATIONS Section 10.01 WORD INTERPRETATION 10.01.1 GENERALLY The text within the UDO shall control where there is any conflict between text within the UDO and any caption, illustration or graphic presentation. Unless prohibited by context, reference to any article, section or paragraph shall include all portions of that article, section or paragraph. 10.01.2 RULES OF CONSTRUCTION A. Words used in the present tense shall include the future tense; words used in the singular number shall include the plural number; and words used in the plural number shall include the singular number. B. In computing any period of time prescribed or allowed by the UDO, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event, the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than ten (10) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. C. A word importing the masculine gender only shall extend and be applied to female persons and to firms, partnerships and corporations, as well as to male persons. D. The words "may" and “should” are always permissive and never mandatory. E. The word "shall" is always mandatory and not merely permissive. F. The word "month" shall mean thirty (30) calendar days. G. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate, as well as to individuals. H. Whenever the UDO refers to a specific portion of the Code of Ordinances or the UDO itself, that reference shall include any subsequent amendment to the referenced portion or any subsequent provision superseding the provision. I. The terms "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied"; the term "existing" as applied to any use, structure, or development includes the words "existing on the effective date of this UDO." 10.01.3 RESPONSIBILITY FOR INTERPRETATIONS All interpretations shall be the responsibility of the Administrator. Town of Lillington, NC Unified Development Ordinance X-2 Section 10.02 ABBREVIATIONS As used in this UDO, the following abbreviations shall have the meanings assigned to them in this section. A. BMP: Best Management Practices B. DBH: Diameter at breast height, which is the diameter of a tree measured four and one-half (4 ½) feet above grade. C. DENR: North Carolina Department of Environment and Natural Resources. D. IESNA: The Illuminating Engineering Society of North America. E. NCDOT: North Carolina Department of Transportation F. TIA: Traffic Impact Analysis G. TRC: Technical Review Committee H. NCGS: North Carolina General Statues I. UDO: Unified Development Ordinance Section 10.03 DEFINITIONS (GENERAL) As used in the UDO, the following terms shall have the meanings assigned to them in this section. When one or more defined terms are used together, their meanings shall also be combined as the context shall require or permit. All terms not specifically defined shall carry their usual and customary meanings. Undefined terms indigenous to a trade, industry or profession shall be defined when used in such context in accordance with their usual and customary understanding in the trade, industry or profession to which they apply. ABUTTING. Having property or district lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a street or alley. ACCESS. A way of approaching or entering a property. Access also includes ingress, the right to enter and egress, the right to leave. ACTIVE CONSTRUCTION. Activities that contribute directly to the building of facilities including land-disturbing activities for roads, parking lots, footings, etc. ADMINISTRATIVE DECISION. Decisions made in the implementation, administration, or enforcement of development regulations that involves the determinations the determination of facts and the application of objective standards set forth in NCGS 160D or local government development regulations. These are sometimes referred to as “ministerial” decisions or “administrative determinations.” ADMINISTRATIVE HEARING. A proceeding to gather facts needed to make an administrative decision. ADMINISTRATOR. The person designated to carry out the responsibilities established in this UDO or their designee. ADULT BOOKSTORE. An establishment having as a substantial or Significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Area", or an establishment with a segment or section devoted to the sale or display of such material. ADULT ESTABLISHMENT. Any establishment having a substantial portion of materials or entertainment characterized by an emphasis on sexual activities, anatomical genital areas, or the female breast as listed and defined in NCGS, Section 14.210.10 (or any successor thereto). ADULT MOTELS AND HOTELS. A place where motion pictures not previously submitted to or not rated by the Motion Picture Association of America are shown in rooms designed primarily for Town of Lillington, NC Unified Development Ordinance X-2 lodging, which said motion pictures have as the dominator primary theme matters depicting, describing or relating to Specified Sexual activities. ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, for observation by patrons therein. AGRITOURISM. Any activity carried out on a farm or ranch setting that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, historic, cultural, harvest-your-own activities, fishing, equestrian activities, or natural activities and attractions. AIRSTRIP. A surface used for take-off and landing of aircraft. ALCOHOLIC BEVERAGE SALES STORE. The retail sales of beer, wine, and/or other alcoholic beverages for off-premise consumption as a primary use. APPLICANT. A person, including any governmental entity, seeking development approval. AMUSEMENTS, INDOOR. Establishments that provide commercial recreation activities completely within an enclosed structure such as video arcades, skating rinks, roller rinks, shooting ranges, bowling alleys, and billiards/pool halls. AMUSEMENTS, OUTDOOR. Establishments that provide commercial recreation activities primarily outdoors such as miniature golf establishments; go-cart facility; theme parks, carnivals, fairgrounds, and midways; paintball parks; and water rides. ANIMAL PRODUCTION. Industries in the Animal Production subsector raise or fatten animals for the sale of animals or animal products. The subsector comprises establishments, such as ranches, farms, and feedlots primarily engaged in keeping, grazing, breeding, or feeding animals. These animals are kept for the products they produce or for eventual sale. The animals are generally raised in various environments, from total confinement or captivity to feeding on an open range pasture. Establishments primarily engaged in the farm raising and production of aquatic animals or plants in controlled or selected aquatic environments are included in this subsector. ATM. Computerized, self-service machines used by banking customers for financial institutions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations. AUTOMOBILE/VEHICLE SALES, RENTAL, SERVICE & REPAIR. Establishments which may have showrooms or open lots for selling, renting or leasing automobiles, light trucks, motorcycles, and ATVs. BANKS, CREDIT UNIONS, FINANCIAL SERVICES. Establishments that engage in financial transactions that create, liquidate, or change ownership of financial services. Banks, credit unions, and savings institutions may perform central banking functions, accept deposits, and lend funds from these deposits. In addition to banks and credit unions, financial services institutions may include: credit agencies, trust companies, holding companies, savings and loan institutions, check cashing services, securities/commodity contract brokers and dealers, security and commodity exchanges, vehicle finance (equity) leasing agencies, and investment companies. BAR/TAVERN. A business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery and other beverage tasting facilities. BED AND BREAKFAST ESTABLISHMENT. A private home of not more than 8 guest rooms that offers bed and breakfast accommodations, and that: 1) No more than eight (8) guest rooms that offers bed and breakfast accommodations may be provided on each private residence; 2) Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial, 10 pt Town of Lillington, NC Unified Development Ordinance X-3 Serves only the breakfast meal, and that meal is served to overnight guests of the business; 3) An owner/manager of a bed and breakfast home shall reside on the property. BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. 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. BONA FIDE FARM PURPOSES. Includes the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture as defined in NCGS 106-581.1 and all other purposes described in NCGS 160D-903. BUFFER. A combination of physical space and vertical elements, such as plantings or fencing, used to separate and screen incompatible land uses form each other. BUFFERYARD. The area of a required buffer in which plantings or other screening elements are to be located. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING, ACCESSORY OR ACCESSORY STRUCTURE. A building or structure that is located on the same Lot as a Principal Building or Structure, used incidentally to a Principal Building or used for purposes that are secondary the Principal Use of the site. For example, a storage shed is considered an Accessory Building when located on a Lot with a Single- Family dwelling. BUILDING, PRINCIPAL OR PRINCIPAL STRUCTURE. The building or structure on a Lot that houses the Principal Use. For example, in the example for the previous definition, the Single-Family home would be the Principal Building BUILDING FLOOR AREA. The gross floor area of an individual structure built for support, shelter or enclosure for any occupancy or storage. BUILDING FRONT OR FRONTAGE. The length of that side of the principal building that faces the street. For corner Lots, the front shall be determined by the Administrator based on other development along the faces of the block on which the corner Lot is located. BUILDING HEIGHT. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest, to the highest point of the building. BUILDING STORY. A story is a habitable level within a building of no more than 14 feet in height from finished floor to finished ceiling. Unoccupied attics less than 7 feet in height and raised basements less than 6 feet in height (as measured from the average grade of the fronting sidewalk) are not considered stories for the purposes of determining building height. A mezzanine shall be considered a story if it is contiguous with at least 60% of the building’s front façade, is designed to be occupiable, and maintains an average depth of at least 16 feet. The under-roof area with dormers does not count as a story. 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. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) CAMPS & CAMPING ESTABLISHMENTS. Sites where the main operation is to accommodate campers and their equipment, provide overnight recreational camps, may provide cabins, food services, washrooms, trailer parks, etc. CANOPY TREE. Large-growing, shade- producing trees with an expected mature height of 40 feet or greater and an expected mature crown spread of 30 feet or greater. CEMETERY. A parcel of land used for internment of the dead in the ground or in mausoleums. CHEMICAL, MEDALS, MACHINERY & ELECTRONIC MANUFACTURING. Manufacturing facility that transforms or refine chemicals or metals, and manufacture products from chemicals or metals. CO-LOCATION. The use of an approved telecommunications structure to support Town of Lillington, NC Unified Development Ordinance X-4 antenna for the provision of wireless services. CHANGE OF USE. For the purposes of this UDO only this term shall mean any alteration in the use of a lot or structure which, in the determination of the Administrator, changes the primary use such lot or property from one use type listed in the Use Table in Article 3 to another use type. CHILD/ADULT DAY CARE CENTER (MORE THAN 8 PERSONS). An individual, agency, or organization providing supervision or care on a regular basis for children or adults who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults; and who are not residents in the center; designed and approved to accommodate more than 8 children or adults at a time based on State regulations; not an accessory to residential use. CHILD/ADULT DAY CARE HOME (8 OR LESS PERSONS). Supervision or care provided on a regular basis as an accessory use within a principal residential dwelling unit, by a resident of the dwelling, for no more than 8 children (no more than 5 of which may be of pre-school age). CERTIFICATE OF OCCUPANCY. Official certification that a structure conforms to provisions of the UDO (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, a structure cannot be occupied or used. CIRCULATION AREA. That portion of the vehicle use area used for access to parking or loading areas or other facilities on the lot. CORNER LOT. A lot which abuts the right-of- way of two streets at their intersection. COLLEGE/UNIVERSITY. Junior colleges, colleges, universities, and professional schools with physical structures (excluding online and remote programs). These establishments furnish academic or technical courses and grant degrees, certificates, or diplomas at the associate, baccalaureate, or graduate levels in a campus setting in more than one building. COMMUNITY SUPPORT FACILITY. A permanent, stand-alone support facility providing personal assistance to individuals in need; such assistance to individuals may include temporary shelter, food services provisions, counseling, instruction, medical services, and other incidental services. This definition does not include emergency/hazard shelters or clothing/food collection centers as accessory uses. COMBINATION USE. A use consisting of a combination on one lot of two or more principal uses separately. COMPLETION OF CONSTRUCTION OR DEVELOPMENT. No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. COMPATIBLE/COMPATIBILITY. A condition in which land uses or conditions can coexist in a relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Compatibility does not require homogeneity, but does consider the relative scale, design and intensity of nearby structures, uses and activities. CONDITIONAL ZONING. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment. CONFERENCE/CONVENTION FACILITY. A commercial facility for public assembly including, but not limited to auditoriums, conference facilities, convention centers, exhibition halls, and the like. COMMUNITY GARDEN. An exterior area for the small-scale production of vegetables and flowering plants for personal or small commercial use. This definition includes community and private gardens. CORRECTIONAL INSTITUTION. Government establishments generally designed for the confinement, correction, and rehabilitation of offenders sentenced by a court. CONSERVATION EASEMENT. The grant of a property right or interest from the property owner to a unit of government or nonprofit conservation organization stipulating that the described land shall either remain in its natural, scenic, open or wooded state; or be used for agricultural Town of Lillington, NC Unified Development Ordinance X-5 purposes authorized specifically authorized by the easement. CRITICAL ROOT ZONE. The circular area of ground surrounding a tree extending from the center of tree to the greater of 1.5 feet per caliper inch DBH of the tree or the dripline (furthest extent of tree canopy). CUTOFF FIXTURE. An outdoor light fixture shielded or constructed in such a manner that no more than two and one half (2½) percent of the total light emitted by the fixture is projected above the horizontal plane of the fixture. DEDICATION. A gift, by the owner, or a right to use 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. DEVELOPMENT FLOOR AREA. The total building floor area of any construction projects simultaneously developed by a single developer. DEVELOPMENT. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; excavation, grading, filling, clearing or alteration of land; the subdivision of land; the initiation or substantial change in the use of land or the intensity of use of land. DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to NCGS 160D that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include but are not limited to zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to NCGS 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued. DEVELOPMENT CONDITIONS. The written development program, dimensional standards, special conditions and restrictions on development submitted with the application for zoning approval. DEVELOPMENT ENVELOPE. Area within which grading, lawns, pavement and buildings will be located. DEVELOPMENT PATTERN. A type of development described in this UDO or otherwise established that is characterized by a mix of uses, intensities of development or specific design characteristics. DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to NCGS 160D or a local act or charter that regulates land use or development. DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts. DRAINAGE EASEMENT. A 20’ wide minimum strip of land reserved for conveyance of stormwater required when the total drainage area exceeds 4 lots or 4 acres, whichever is less, generally located along rear or side lot lines, but may cross lots at such points that will not pose a hazard to persons or property. DRAINAGEWAY. A natural or artificial stream or depression that conveys surface water. DRIVE-THRU/DRIVE-IN FACILITY. A primary or accessory facility where goods or services may be obtained by motorists without leaving their vehicles. These facilities include drive- through bank teller windows, dry cleaners, fast- food restaurants, drive-through coffee, photo stores, pharmacies, etc. Does not include: Automated Teller Machines (ATMs), gas stations or other vehicle services, which are separately defined. DRIVE-IN THEATER. A specialized outdoor theater for showing movies or motion pictures on a projection screen where patrons view movies from their vehicles. DRIPLINE. A vertical line extending from the outer edge of a tree canopy to the ground. DRY CLEANING & LAUNDRY SERVICES. Coin operated laundries, dry cleaning pick-up stores without dry cleaning equipment, or dry Town of Lillington, NC Unified Development Ordinance X-6 cleaning stores that do not provide cleaning services to other collection stations or stores. DWELLING. Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that for purposes of NCGS 160D it does not include any manufactured home, mobile home, or recreational vehicle, if solely used for a seasonal vacation purpose. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation. DWELLING, ACCESSORY. A dwelling unit either detached or attached, such as a garage apartment or cottage, located on a lot with an existing single-family dwelling. DWELLING, MULTI-FAMILY. A building including three (3) or more dwelling units vertically arranged (generally) and with parking located below or behind the buildings. Units may be for rental or for sale in condominium ownership or may be designed as continuing care facilities. The ground floor may be available for commercial uses. The uses permitted within the building are determined by the District in which the building is located. DWELLING, MULTI-FAMILY CONVERSION. A multi-family dwelling containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of Gross Floor Area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence. DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOME). A multi-family dwelling in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance and each dwelling unit is conveyed through a subdivision plat. DWELLING-SINGLE FAMILY DETACHED. A free standing building designed for and/or occupied by one household. These residences may be individually owned as residences or residences owned by rental or management companies. Also includes factory-built, modular housing units that comply with NC State Building Code. DWELLING, TWO-FAMILY OR DUPLEX. A two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance. EASEMENT. A grant of one or more of the property rights by the property owner for limited use of private land for a public or quasi- public purpose and within which the owner of the property shall not erect any permanent structures except when authorized by the town. ELECTRONIC GAMING OPERATIONS. Any business activity, whether as a principal or accessory use, in which patrons use electronic or mechanical machines, including, but not limited to, computers and gaming terminals, to conduct or stimulate games of chance, including the use of the machines to reveal the pre-determined value of an entry, and where cash, merchandise or other items of value are redeemed or otherwise distributed, whether the value is determined by the machines or by pre-determined odds. Gaming Operations do not include any Lottery approved by the State of North Carolina or any nonprofit activity otherwise lawful under state law. EMERGENCY/HAZARD SHELTERS. A shelter intended to protect occupants from temporary emergencies and hazards. ENGINEERED (OR STRUCTURAL) STORM- WATER CONTROLS. A structural best management practice (BMP) used to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals. EROSION. The wearing away of land surface by the action of the wind, water, gravity, or any combination thereof. ESTABLISHED FARM. Means an ongoing Town of Lillington, NC Unified Development Ordinance X-7 agricultural operation including all such operations that qualify for the agricultural use value tax rate. EVIDENTIARY HEARING. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under NCGS 160D. 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 ordinance. EXTRATERRITORIAL PLANNING JURISDICTION (ETJ). That portion of the Town's Planning Jurisdiction that lies outside the corporate limits of the Town. FACADE. That portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation. FAMILY. One or more persons living together as a single housekeeping unit. FAMILY CARE HOME (6 OR FEWER RESIDENTS). A home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than 6 resident handicapped persons and is certified by the State of North Carolina. (NCGS 168-21) FINISHED GRADE. The grade after construction, exclusive of any filling, berming, mounting, or excavating. FLOOR. The top surface of an enclosed area in a building (including basement), i.e. top of slab in concrete slab construction or top of wood flooring in a frame construction. The term does not include the floor of a garage used solely for parking vehicles. FRONTAGE. All property abutting a street line measured along the street line. FUNERAL HOMES/CREMATORIUMS. Establishments for preparing the dead for burial or internment and conducting funerals (i.e. providing facilities for wakes, arranging transportation for the dead, and selling caskets and related merchandise). GROSS FLOOR AREA. The sum of the enclosed area on all floors of a building measured from the outside faces of the exterior walls. It includes any below grade floor areas used for habitation or storage. GAS / FUELING STATION. Establishment that primarily retails automotive fuels. These establishments may further provide services such as automotive repair, automotive oils, and/or replacement parts and accessories. Gas stations include structures that are specialized for selling gasoline with storage tanks, often underground or hidden. The sale of food and other items as well as car washes shall be incidental to the gas station. GENERAL COMMERCIAL. A place of business providing the sale and display of goods or sale of services directly to the consumer, with goods available for immediate purchase and removal from the premises by the purchaser. GENERAL COMMERCIAL – GREATER THAN 25,000 SF. A use category allowing general commercial premises greater than 25,000 square feet in gross leasable area to be available for the commercial sale of merchandise and prepared foods, but excluding manufacturing. GREENWAY. A linear natural preserve available for free and unstructured recreation to the general public. This term is not meant to be inclusive of required pedestrian/bicycle connections from adjacent development to greenways. GROSS FLOOR AREA. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. GROSS LEASABLE FLOOR AREA. The total floor area designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper floors. It is measured from the center line of joint partitions and from outside wall faces. GROUND COVER. Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion. HALFWAY HOUSE. A home for not more than nine persons who have demonstrated a tendency toward alcoholism, drug abuse, mental Town of Lillington, NC Unified Development Ordinance X-8 illness (as defined in NCGS 122C-3. (14), or anti-social or criminal conduct, together with not more than two persons providing supervision and other services to such persons, all of whom live together as a single housekeeping unit. HEAVY EQUIPMENT/MANUFACTURED HOME RENTAL/SALES. Establishments which may have showrooms or open lots for selling, renting or leasing heavy equipment such as buses, trucks, manufactured homes, construction equipment, or boats or marine craft. HOME OCCUPATION. Any occupation or profession carried on entirely within a dwelling by one or more occupants thereof, provided that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. HOSPITAL. A health care facility and related facilities the purpose of which is to provide for care, treatment, testing for physical, emotional, or mental injury, illness, or disability, and overnight boarding of patients, either on a for profit or not-for-profit basis; but not including group homes. HOTEL/MOTEL/INN. Establishments providing lodging and short-term accommodations for travelers. They may offer a wide range of services including, overnight sleeping space, food services, convention hosting services, and/or laundry services. Entertainment and recreation activities may also be included. Extended-stay hotels are included in this category. ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA (IES OR IESNA). The professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting. IMPERVIOUS SURFACE. Impervious surface area includes any material which reduces and/or prevents absorption of storm water. This includes but is not limited to, buildings, roads, pavement, gravel surfaces, etc. INDUSTRY, HEAVY. A non-residential use that requires a National Pollutant Discharge Elimination System (NPDES) permit for an industrial or stormwater discharge; or that involves the use or storage of any hazardous materials or substances; or that is used for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity; or that involves the mining or extraction of any minerals, ore, fossil fuels, or other materials from beneath the surface of the earth. Typically, the largest facilities in a community, these structures house complex operations, some of which might be continuous (operated 24 hours a day, 7 days a week). INDUSTRY, LIGHT. A non-residential use that involves the manufacturing, assembling, finishing, cleaning or developing any product or commodity. Facilities are typically designed to look and generate impacts like a typical office building, but rely on special power, water, or waste disposal systems for operation. Noise, odor, dust, and glare of each operation are completely confined within an enclosed building, insofar as practical. This includes medical and testing laboratories. This definition also includes facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Also included are laundry/dry cleaning plants as principal uses engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry- cleaning and garment pressing; and commercial laundries. KENNELS, OUTDOOR. A use or structure intended and used for the breeding or accommodation of small domestic animals for sale or for the training or overnight boarding of animals for persons other than the owner of the lot, but not including a veterinary clinic in which the overnight boarding of animals is necessary for or accessory to the testing and medical treatment of the physical disorders of animals. LAND-DISTURBING ACTIVITY. Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause Town of Lillington, NC Unified Development Ordinance X-9 or contribute to sedimentation. LANDFILL. A disposal facility for hazardous or nonhazardous solid waste. These establishments also manage recycling and resource recovery facilities that operate in conjunction with landfills. LANDSCAPE PLAN. A plan illustrating the design and specifications for the preservation of existing vegetation; the placement of any live plant materials such as trees, shrubs, grasses, ground covers, etc.; and the location and design of built features such as berms, fencing, walls, etc. LIGHT MANUFACTURING WORKSHOPS. The assembly, fabrication, production or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building and are visually undifferentiated from an office building or a residentially-scaled garage. These typically involve the work of artisans or craftsman. May also include beer brewing or other similar facilities as part of a microbrewery and other beverage tasting facilities. LIGHT POLLUTION. Any adverse effect of manmade light including, but not limited to, Light Trespass, up-lighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky; often used to denote urban sky glow. LIVE-WORK UNITS. An attached residential building type with a small commercial enterprise on the ground floor and a residential unit above or behind with a common tenant in both spaces (no dual occupancy is permitted). LOT. A parcel of land having frontage on a public street or other officially approved means of access. LOT FRONTAGE. The lot width measured at the street right-of-way line from which the lot obtains access. LOW IMPACT DEVELOPMENT. A method of site development and stormwater management that mimics the natural hydrologic functions of infiltration, runoff, and evapotranspiration on a site before development occurs. MANUFACTURED HOME. A dwelling unit that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site. MANUFACTURED HOME, CLASS A. A dwelling unit constructed with one or more components which are pre-fabricated and hauled to the site that are capable of producing a dwelling which is indistinguishable from conventionally built homes and which meets the construction requirements of the North Carolina Residential Building Code as amended. MANUFACTURED HOME, CLASS B. A dwelling unit that: (1) Is not constructed in accordance with the requirements of the North Carolina Uniform Residential Building Code as amended; and (2) Is composed of two or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site; and (3) Meets or exceeds the construction standards of the U.S. Department of Housing and Urban Development. MANUFACTURED HOME, CLASS C. Any manufactured home that does not meet the definition criteria of a Class A or Class B manufactured home but which, at a minimum, exceeds 32 feet in length and 8 feet in width. MANUFACTURED HOME PARK. A residential use in which more than one Class B or Class C manufactured home is located on a single Lot. MAJOR SUBDIVISION. Any subdivision of land into six (6) or more lots, or which requires the dedication of public utilities, public easements and/or public streets. MATERIALS RECOVERY & WASTE TRANSFER FACILITIES. This industry comprises establishments primarily engaged in a) operating facilities for separating and sorting recyclable materials from nonhazardous waste streams (i.e., garbage) and/or b) operating facilities where commingled recyclable materials, such as paper, plastics, used beverage cans, and metals, are sorted into distinct categories. MECHANICAL UTILITY. Any piece of machinery or equipment with moving parts, Town of Lillington, NC Unified Development Ordinance X-10 generates noise, or causes any kind of environmental disturbance or creates emission of any kind, including air movement. Said machinery or equipment is generally functional or utilitarian in nature. MEDICAL CLINIC. Medical service facilities that provide outpatient ambulatory or outpatient health care such as emergency medical clinics; ambulatory surgical centers; dialysis centers; outpatient family planning services; community health centers and clinics; blood and organ banks; and medical services such as physician’s and dentist’s offices. MINOR SUBDIVISION. Any subdivision of land into five (5) or fewer lots of which does not require the dedication of public utilities, public easements and/or public streets. MULTI-USE TRAIL. A trail designed for compatible and safe concurrent use by pedestrians and bicyclists. MUSEUM/CULTURAL FACILITIES. Facilities designed to promote cultural advancement and serve the community such as occasional live theater, dance, or music establishments; art galleries, studios and museums; non-profit civic or fraternal organizations; museums, exhibition, or similar facility; and libraries. NEIGHBORHOOD PARKS. Improved space set aside for public use and recreation that is comprised of one or more of the following: Greenway, Green, Square, Playground, or Community Garden. NIGHT CLUB. A business that operates primarily in the evening hours that principally provides entertainment such as live music, and/or dancing, comedy, etc. NON-CONFORMING PROJECT. Any structure, development or undertaking that is incomplete at the effective date of this UDO and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned. NURSERIES & GARDEN CENTERS. Any establishment that provides activities related to growing crops mainly for commercial food and fiber. Establishments, such as farms, orchards, groves, greenhouses, and nurseries, which are primarily engaged in the commercial production of crops, plants, vines, or trees and their seeds should be included in this category. OFFICIAL MAPS OR PLANS. Any maps or plans officially adopted by the Lillington Board of Commissioners as a guide to the development of the Town of Lillington. OPEN AIR RETAIL. A retail sales establishment operated primarily in the open air including, but not limited to: farmers market, flea markets, sidewalk kiosks and the like. Uses not included are: car sales, equipment sales, boats sales, and home and garden supplies and equipment. OPEN SPACE. Those areas set aside and protected from development which may be left in a generally unimproved state. OUTPARCEL. A parcel of real property having access to at least one public street, private roadway or private drive that is part of a larger commercial development, but that may be sold or leased without further subdivision. OUTSIDE OR DISPLAY SALES. The sale of goods and products outside of a permanent structure that are clearly related to the function contained in that structure. This includes, but is not limited to, landscape materials, lawn and garden supplies, and produce. OWNER. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. “Owner” shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of “owner” under another description in this definition, such as a management entity. PARCEL. An area of land not dedicated for public or common use capable of being described with such definiteness that its location and boundaries may be established and includes but is not limited to lots. Town of Lillington, NC Unified Development Ordinance X-11 PARKING LOT/STRUCTURE – PRINCIPAL USE. A stand-alone parking lot or structure (deck/garage) that is available for public or private use, but that is not accessory to another use. PARKING AREA AISLES. That portion of the vehicle use area consisting of lanes providing access to parking spaces. PAWNSHOPS. Premises operated by a pawnbroker who is engaged in the business of lending money on the security of pledged goods and who may also purchase merchandise for resale from dealers and traders. (Subject to NCGS, Chapter 91A) PERMIT ISSUING AUTHORITY. A person or entity authorized by this UDO to grant development approval, whether discretionary or ministerial. PERSONAL CARE SERVICES. Cosmetic services such as hair and nail salons, barber shops, clothing alterations, shoe repair, weight loss centers and non-permanent makeup services. PERSONAL CARE SERVICES (RESTRICTED). A personal service establishment that may tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to be dispersed from other similar uses to minimize its adverse impacts, including check-cashing services and tattooing, piercing, tobacco & vape stores, and similar services. These uses may also include accessory retail sales of products related to the services provided. PLANNING JURISDICTION. The area within the Town limits as well as the area beyond the Town limits within which the Town is authorized to plan for and regulate development, as set forth in this UDO. PLAT. A map or plan of a parcel of land which is to be, or has been subdivided. POST OFFICE. Establishments conducting operations of the United States Postal Service including permanent, contract, and lease stations. PROFESSIONAL SERVICES. Services provided that make available the knowledge and skills of their employees to sell expertise and perform professional, scientific, and technical services to others such as legal services; accounting, tax, bookkeeping, and payroll services; architectural, engineering, and related services; graphic, industrial, and interior design services; consulting services; research and development services; advertising, media, and photography services; real estate services; investment banking, securities, brokerages; and insurance-related services. PRODUCE STANDS. A temporary open air stand or place for the seasonal selling of agricultural produce by an individual (excludes Open Air Retail). PUBLIC SAFETY STATION. Facilities for federal, state and local law enforcement and fire protection agencies, and their accessory uses including office space, temporary holding cells, equipment and evidence storage facilities, and vehicle garages. This definition is not intended to be inclusive of vehicle impoundment lots or state prison facilities. PUBLIC ADMINISTRATION/ CIVIC MEETING FACILITY. Not-for-profit membership organizations such as alumni associations, booster clubs, scouting organizations, ethnic associations, social clubs, fraternal lodge and veterans' membership organizations primarily engaged in promoting the civic and social interests of their members. The uses often include meeting and storage facilities. QUASI-JUDICIAL DECISION. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. Quasi- judicial decisions include but are not limited to decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only on whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards Town of Lillington, NC Unified Development Ordinance X-12 requiring a discretionary decision on the findings to be made by the decision-making board. RACETRACK. An outdoor course prepared for horse, dog, automobile, or other vehicle racing. RECREATION FACILITIES, INDOOR. Uses or structures for active recreation including gymnasiums, natatoriums, fitness center, athletic equipment, indoor running tracks, climbing facilities, court facilities and their customary accessory uses. This definition is inclusive of both non-profit and for-profit operations. RECREATION FACILITIES, OUTDOOR. Parks and other open space used for active or passive recreation such as ball fields, batting cages, skateboard parks, playgrounds, greenway trails, driving ranges, and tennis courts and their customary accessory uses including, but not limited to, maintenance sheds, clubhouses (with or without food service), pools, restrooms, and picnic shelters. RECYCLING COLLECTION STATIONS. A center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. REDEVELOPMENT. Any rebuilding activity other than a rebuilding activity that results in no net increase in built- upon area and provides equal or greater stormwater control than the previous development. RESIDENTIAL CARE FACILITIES. A staffed premises (not a single-family dwelling) with paid or volunteer staff that provides full-time care to more than 6 individuals. Residential care facilities include group homes (NCGS §131D), nursing homes (NCGS § 131E-101), residential child-care facilities (NCGS § 131D-10.2), assisted living residences (NCGS § 131D-2), adult care homes (NCGS §131D-2), retirement housing, congregate living services, assisted living services, continuing care retirement centers, skilled nursing services and orphanages. This term excludes family care homes and halfway houses. RELIGIOUS INSTITUTION. Any facility such as a church, temple, monastery, synagogues, or mosque used for worship by a non-profit organization and their customary related uses for education (pre-schools, religious education, etc.), recreation (gymnasiums, activity rooms, ball fields, etc.), housing (rectory, parsonage, elderly or disabled housing, etc.) and accessory uses such as cemeteries, mausoleums, offices, soup kitchens, and bookstores. RESTAURANT. A retail business selling ready- to-eat food and/or beverages for on or off- premise consumption. Customers may be served from an ordering counter (i.e. cafeteria or limited service restaurant); at their tables (full- service restaurant); and, at exclusively pedestrian oriented facilities that serve from a walk-up ordering counter (snack and/or nonalcoholic bars). To qualify as a restaurant, an establishment's gross receipts from food and nonalcoholic beverages shall be not less than 30% of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages. RETENTION POND. A pond that has a permanent pool and which also collects storm water runoff, filters the water and releases it slowly over a period of days. RIDING STABLES. An establishment where horses are boarded and cared for, and where instruction in riding, jumping and showing and/or the hiring of horses for riding is offered. RIGHT-OF-WAY. An interest in land to the Town, County or State that provides for the perpetual right and privilege of the Town, its agents, franchise holders, successors, and assigns to construct, install, improve, reconstruct, remove, replace, inspect, repair, maintain, and use a public street, including related and customary uses of street rights-of- way such as sidewalks, bike paths, landscaping, mass transit facilities, traffic control, traffic control devices and Signage, sanitary sewer, stormwater drainage, water supply, cable television, electric power, gas, and telephone transmission and related purposes in, upon, over, below, and across the rights-of- way. ROOMING AND BOARDING HOUSE. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented out or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is Town of Lillington, NC Unified Development Ordinance X-13 distinguished from a tourist home in that the former is designed to be occupied by longer- term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. SCHOOLS – ELEMENTARY & SECONDARY. A public or private institution for education or learning including athletic or recreational facilities, which does not include lodging. This institution includes any school licensed by the state and that meets the state requirements for elementary and secondary education. SEDIMENT. The solids particulate matter both mineral and organic that has been or is being transported by water, air, gravity or ice from its site of origin. SEDIMENTATION. The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse. SEEDING. Seed, straw and tack, hydro-seed, sod, or other approved seeding method. SETBACK (MINIMUM). 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. SHOOTING RANGE, OUTDOOR. A permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment. Shooting range exclude any area for the exclusive use of archery or air guns or enclosed indoor facility that is designed to offer a totally controlled shooting environment and that includes impenetrable walls, floor and ceiling, adequate ventilation, lighting systems and acoustical treatment for sound attenuation suitable for the range's approved use. SHOPPING CENTER. A collection of commercial businesses located in one or more buildings on a site that is under common ownership or management. Shopping Centers may include outparcels. SIGN. Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems, devices, design, trade names or trademarks by which anything is made known, such as the designation of an individual, firm, association, profession, business commodity or product, which are visible from any public way and used to attract attention. SIGN, AREA. (1) The surface area of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign including latticework, wall work and individual letters and spaces between letters comprising part(s) of the sign. (2) Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle of greater than 60 degrees, the surface of both sides of the sign shall be included in the computation of area. SIGN, AWNING/CANOPY. Signs integrated into traditional storefront awnings or canopies that may project over a sidewalk from the building façade. SIGN, DIRECTIONAL/IDENTIFICATION. Public purpose signs designed to identify parking areas, control traffic, and provide guidance to special areas and to announce one’s arrival into the heart of the community. These signs are solely for the purpose of navigation and do not contain commercial messages. SIGN, ELECTRONIC MESSAGE BOARD. An electronically generated changeable copy message within a sign frame which does not incorporate any mechanical movement of the sign itself. SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and/or color at all times when such is in use. For the purpose of this ordinance, any moving, illuminated sign shall be considered a flashing sign. Such signs shall not be deemed to include time and temperature signs or public message displays using electronic switching. SIGN, FREESTANDING. (1) A sign that is attached to, erected on or supported by some structure (such as a pole, mast, frame or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. (2) A sign that stands without supporting Town of Lillington, NC Unified Development Ordinance X-14 elements, such as a “sandwich sign,” is also a freestanding sign. SIGN, IDENTIFICATION. A sign used to display only the name, address, crest or trademark of the business, individual, family, organization or enterprise occupying the premises, the profession of the occupant or the name of the building on which the sign is displayed; or a permanent sign announcing the name of a subdivision, shopping center, park, or public or quasi-public structure, facility or development and the name of the owners or developers. SIGN, MONUMENT. A freestanding sign where the base of the sign is on the ground and is supported by solid structural features other than support poles. The width of the top of the sign structure can be no more than 120%. SIGN, NONCONFORMING. A sign legally established prior to the effective date of this ordinance or subsequent amendment thereto, that does not conform to the sign regulations found herein. SIGN, OFF-PREMISES (BILLBOARDS). A sign that draws attention to or communicates information about a business, establishment, service, commodity, accommodation, attraction, entertainment or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located. SIGN, POLE. A freestanding sign that is affixed, attached or erected on a pole. SIGN, PORTABLE. Any sign not exceeding 32 square feet in billboard area and not permanently attached to the property on which it is located. SIGN, PROJECTING. A sign attached to a wall and projecting away from that wall more than 12 inches, but not more than five feet. SIGN, ROOF. A sign which is displayed above the eaves of a building. SIGN, TEMPORARY. A display, informational sign, banner or other advertising device constructed of cloth, canvas, fabric, wood or other temporary material, with or without a structural frame (including banners), and intended for a limited period of display, including decorative displays for holidays or public demonstrations. SIGN, WALL. A sign attached to a wall and not projecting away from the wall more than 12 inches. SIGN, WINDOW/DOOR. Signs Flat signs or letters which are painted or attached to the window of a building or structure. SILTATION. Sediment resulting from accelerated erosion which can be settled or removed by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. 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. SITE PLAN. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include, but is not limited to, site-specific details such as building areas, building height and floor areas, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities, that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely on application of objective standards is an administrative decision, and a site plan approval based in whole or in part upon the application of standards involving judgement and discretion is a quasi-judicial decision, A site plan may also be approved as part of a conditional zoning decision. SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. SOLAR ENERGY SYSTEM. The following defines a Solar Energy System (also known as a Solar Farm): the components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the Town of Lillington, NC Unified Development Ordinance X-15 system includes all the land inside the perimeter of the system, which extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems. SPECIAL EVENTS CENTER. A venue to allow for various gatherings such as weddings, receptions, arts and crafts shows, corporate meetings, etc. and which can be indoor or outdoor or a combination thereof. SPECIAL EVENTS: Temporary, organized events that: 1) Run no longer than two weeks; 2) Are intended to or likely to attract substantial crowds; and 3) Are unlike the customary or usual activities generally associated with the property where the special event is to be located. SPECIFIED ANATOMICAL AREAS: For the purpose of this UDO, "Specified Anatomical Areas" is defined as: 1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and 2) Human male genitals in a discernibly turgid state even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES. For the purposes of this UDO, "Specified Sexual Activities" is defined as: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; or 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. STABILIZATION. The process of restoring a site with ground cover or armor to resist soil erosion from the forces of air, wind, or water. STATE MANDATE. The minimum rules adopted by the Environmental Management Commission (EMC) for application to state’s water supply watersheds, as required by the Water Supply Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph is “…to protect and enhance the quality of the state’s surface water supplies by establishing a cooperative program of water supply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission (EMC).” STORMWATER RUNOFF. The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. STREAM. An intermittent or perennial surface water subject to US Army Corps of Engineers (Corps) and/or NC Division of Water Resources (DWR) 404/401 jurisdiction. To confirm jurisdictional status, a formal Corps and/or DWQ response is required (e.g. Jurisdictional Determination). STOP WORK ORDER. A written order to stop work, issued by the Administrator, upon determining that work is being conducted in violation of this ordinance. STORAGE-OUTDOOR STORAGE YARD. The storage of various materials outside of a structure, as a principal use. This includes salvage yards used for the storage and/or collection of any type of equipment. STORAGE – SELF-SERVICE. A building containing separate enclosed storage spaces of varying sizes leased or rented on an individual basis. STORAGE-WAREHOUSE, INDOOR STORAGE. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public; warehouse facilities primarily used for wholesaling and distribution; or terminal facilities for handling freight. STORM DRAINAGE FACILITIES. The system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area. STORMWATER BEST MANAGEMENT PRACTICE MANUAL. The Stormwater Best Management Practice Manual approved for use in Phase II jurisdictions by the N.C. Division of Water Resources and certified by this jurisdiction is at least as stringent as the Stormwater Best Management Practice Manual approved for use in Phase II jurisdictions the proper implementation of the requirements of the federal Phase II stormwater program. All Town of Lillington, NC Unified Development Ordinance X-16 references herein to the Stormwater Best Management Practice Manual are to the latest published edition or revision. STREAM CLASSIFICATION. The existing or contemplated best usage of streams, pursuant to 15A NCAC 02B .0300, and/or subsequent clarifications, modifications, and addenda. STREAM 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 runoff and filtering of pollutants. The stream buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers. STREET. A dedicated and accepted public right- of-way for vehicular and pedestrian traffic which affords the principal means of access to abutting property: (1) ALLEY. A minor right-of-way privately or publicly owned, primarily for the service access to the back or side of properties. (2) ARTERIAL OR MAJOR STREET. A traffic artery designed primarily to carry heavy volumes of local vehicular traffic from the intersecting minor streets. (3) COLLECTOR STREET. A street designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting minor streets. (4) CUL-DE-SAC. A street intersecting another street at one end and permanently terminated by a vehicular turnaround at the other. (5) LOCAL OR MINOR STREET. A street, the principal purpose of which is to provide vehicular access to the properties abutting it. (6) MARGINAL ACCESS STREET. A local or minor (service) street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic and control of intersections with major traffic streets. STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on land or attachment to something having permanent location on the land. STUDIO – ART, DANCE, MARTIAL ARTS, MUSIC. Small facilities for individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics, yoga, and similar instruction; and aerobics and gymnastics studios with no other fitness facilities or equipment. SUBDIVIDER. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. SUBDIVISION. The division of land for purposes of sale or development as specified in NCGS 160D-802. SUBSTANTIAL PROGRESS. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. “Substantial progress” for purposes of determining whether an approved plan is null and void is not necessarily the same as “substantial expenditures” used for determining vested rights pursuant to applicable law. THEATER, INDOOR MOVIE OR LIVE PERFORMANCE. A specialized theater for showing movies or motion pictures on a projection screen or a stage for live performances. This category also includes cineplexes and megaplexes, complex structures with multiple movie theaters, each theater capable of an independent performance. THEATER, OUTDOOR. An establishment for the performing arts with open-air seating for audiences. TOP OF BANK. The points in a cross-section where the stream channel makes a transition to flood plain. Top of bank can be identified by a change in the slope of the land, a transition Town of Lillington, NC Unified Development Ordinance X-17 from terrestrial to riparian vegetation, and/or changes in the composition of substrate materials. TOWER. Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal. TRACT. All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. TRAFFIC VISIBILITY ZONE. A sight triangle at intersections of two public streets or a public street and private driveway with the triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and side lot lines and connecting the points so established to form a sight triangle one the area of the lot adjacent to the street intersections. UNDERSTORY TREE. Small-growing trees with an expected mature height of 20 to 40 feet. USE, ACCESSORY. A use incidental to and customarily associated with a specific Principal Use located on the same Lot, Tract or Parcel. USE, PRINCIPAL. The primary or main use of land or structures, as distinguished from a secondary or accessory use. UTILITIES. Publicly or privately owned facilities or systems for the distribution of gas, electricity, steam, or water, the collection, treatment and disposal of sewage or refuse; the transmission of communications; of similar functions necessary for the provision of public services. Radio transmission facilities less than 180 feet in height for use by ham radio operators or two- way radio facilities for business or governmental communications shall be deemed accessory uses and not utilities. Utilities are divided into 3 classes: (1) CLASS 1: Transmission and collection lines (above and below ground) including electrical, natural, gas, waste water collection/transmission, and water distribution lines; pumping stations, lift stations, and telephone switching facilities (up to 200 sq. ft.). (2) CLASS 2: Elevated water storage tanks; water and wastewater package treatment plants, telephone switching facilities (over 200 sq. ft.), substations, or other similar facilities in connection with telephone, electric, steam, and water facilities. (3) CLASS 3: Generation, production, or treatment facilities such as power plants, water and sewage plants (greater than 0.3 mgd), and landfills. VEHICLE USE AREA. That portion of a lot or parcel that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas and parking areas (spaces and aisles). VETERINARY SERVICES. Establishments that include services by licensed practitioners of veterinary medicine, dentistry, or surgery for animals; boarding services for pets; and grooming. VEHICLE RENTAL/LEASING/SALES. Establishments which may have showrooms or open lots for selling, renting or leasing automobiles, light trucks, motorcycles, and ATVs. VEHICLE RENTAL/LEASING – MOVING TRUCKS. Establishments exclusively for renting or leasing trucks, vans, and trailers for moving furniture and other goods. VEHICLE SERVICES – MAJOR REPAIR/BODY WORK. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, large appliances, commercial and industrial equipment and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes major repair and body work which encompasses towing, collision repair, other body work and painting services, and tire recapping. VEHICLE SERVICES – MINOR MAINTENANCE/REPAIR. The repair, servicing, alteration, restoration, towing painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Minor facilities providing limited repair and maintenance services. Examples include: car washes, attended and self-service; car stereo and alarm system installers; detailing services; Town of Lillington, NC Unified Development Ordinance X-18 muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping). WETLANDS. Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. This definition of wetlands is used by the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) since the 1970s for regulatory purposes in Section 404 of the Clean Water Act. WHOLESALING AND DISTRIBUTION. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. This does not include selling to the public. Examples of these establishments include: 1) Agents, merchandise or commodity brokers, and commission merchants; 2) Assemblers, buyers and associations engaged in the cooperative marketing of farm products; 3) Merchant wholesalers; 4) Stores primarily selling electrical plumbing, heating, and air conditioning supplies and equipment. WIRELESS TELECOMMUNICATIONS TOWER. A structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types, kinds and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment, including but not limited to cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or any form or type of wireless communications or service, including but not limited to commercial radio, television, cellular, SMR, paging, 911, Personal Communications Services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC. WIRELESS TELECOMMUNICATIONS FACILITY (NON-TOWER) A Wireless Telecommunication Facility not located on a structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal. YARD. The area between a building and the property line. YARD, FRONT. The area between the Building Front and the front property line. YARD, SIDE. The area between the side of a building and the side property line that extends from the building front to the rear-most part of the building. YARD, REAR. The area between the rear of a building and the rear property line. ZONING MAP AMENDMENT. An amendment to a zoning regulation to change the zoning district that is applied to a specific property or properties. It does not include the initial adoption of a zoning map by local government or the repeal of a zoning map and readoption of a new zoning map for the entire planning and development regulation jurisdiction. It does not include updating the zoning map to incorporate amendments to the names of the zoning districts made by zoning text amendments where there are no changes in the boundaries of the zoning district or land uses permitted in the district. It does include the initial application of zoning when land is added to the territorial jurisdiction of a local government that has previously adopted zoning regulations. It does include the application of an overlay zoning district or a conditional zoning district. Town of Lillington, NC Unified Development Ordinance X-19 Section 10.04 Definitions (Specific) The following definitions include those applicable to both the Flood Damage Prevention and Water Supply Watershed regulations of this ordinance. ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure located on the same Parcel of property as the Principal Structure and the use of which is incidental to the use of the Principal Structure. Garages, carports and storage sheds are common urban Accessory Structures. Pole barns, hay sheds and the like qualify as Accessory Structures on farms, and may or may not be located on the same Parcel as the farm dwelling or shop building. ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or height of a building or structure. ADMINISTRATOR. The individual appointed to administer and enforce the floodplain management regulations of this article. APPEAL. A request for a review of the floodplain administrator’s interpretation of any provision of Article 10 of this ordinance. AREA OF SHALLOW FLOODING. A designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD. See “Special Flood Hazard Area (SFHA)”. BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE). A determination of the water surface elevations of the base flood as published in the Flood Insurance Study. When the BFE has not been provided in a “Special Flood Hazard Area”, it may be obtained from engineering studies available from a federal, state, or other source using FEMA approved engineering methodologies. This elevation, when combined with the “Freeboard”, establishes the “Regulatory Flood Protection Elevation”. BASEMENT. Any area of the building having its floor sub-grade (below ground level) on all sides. BUFFER. For purposes of the Water Supply Watershed Regulations of this Ordinance, “buffer” shall mean 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 runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers. BUILDING. See “Structure”. 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. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. CLUSTER DEVELOPMENT. For purposes of the Water Supply Watershed Regulations of this Ordinance, “cluster development” shall mean the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single- family residential subdivision and multifamily developments that do not involve the subdivision of land. Any development with 15 percent (15%) or greater amount of natural open space. CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one- half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such Town of Lillington, NC Unified Development Ordinance X-20 as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile. DEVELOPMENT (FLOOD DAMAGE PREVENTION). Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. DEVELOPMENT (WATER SUPPLY WATERSHED). For purposes of the Water Supply Watershed Regulations of this Ordinance, “development” shall mean 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 (WATER SUPPLY WATERSHED). For projects that do not require a State permit, existing development shall mean a project that, at a minimum, has established a vested right under North Carolina zoning law as of the effective date of the Water Supply Watershed regulations of this Ordinance based on at least one (1) of the following criteria: A) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or B) Having an outstanding valid building permit as authorized by the North Carolina General Statutes (GS 153A-344.1); or C) Having an approved site specific or phased development plan as authorized by the North Carolina General Statutes. DISPOSAL. As defined in G.S. § 130A- 290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including ground waters. ELEVATED BUILDING. A non-basement building which has its lowest elevated Floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the Lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the original effective date of the floodplain management regulations adopted by the community. FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from: A) The overflow of inland or tidal waters; and/or B) The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). FLOOD HAZARD AREA. The minimum area of the flood plain that, on the average, is likely to be flooded once every 100 years (i.e., that has a one percent (1%) chance of being flooded each year) as identified by the federal insurance administration on flood hazard area boundary maps. FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. FLOOD INSURANCE. The insurance coverage provided under the National Flood Insurance Program. Town of Lillington, NC Unified Development Ordinance X-21 FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study Report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published. FLOOD PRONE AREA. See “Floodplain”. FLOOD ZONE. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area. FLOODPLAIN. Any land area susceptible to being inundated by water from any source. FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit (zoning or Special Use Permit) that is required in conformance with the provisions of this article prior to the commencement of any development activity. FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. FLOODPLAIN MANAGEMENT REGULATIONS. This article and other land development ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. FLOODPLAIN REGULATIONS. The regulations contained in Article X of this Ordinance, any other Section of this Ordinance, local or State building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood- prone areas. This term describes Federal, State or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents. FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. FREEBOARD. The height added to the Base Flood Elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the Watershed. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation”. FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. HAZARDOUS WASTE FACILITY. As defined in N.C.G.S. Ch. 130A, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure. HISTORIC STRUCTURE. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Town of Lillington, NC Unified Development Ordinance X-22 Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical Significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program”; or (d) Certified as contributing to the historical Significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”. Certified Local Government (CLG) Programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980. LANDFILL. A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility, or a surface storage facility in accordance with NCGS 130A-290. For the purpose of the Water Supply Watershed regulations of this Ordinance this term does not include composting facilities. LOT. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory building together with such yards, open spaces, lot width, and lot area is required. LOT (EXISTING LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds prior to the adoption of the Water Supply Watershed regulations of this Ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of the Water Supply Watershed regulations of this Ordinance. LOWEST ADJACENT GRADE (LAG). The elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building. LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term “Manufactured Home” does not include a “Recreational Vehicle”. MANUFACTURED HOME PARK OR SUBDIVISION. A Parcel (or contiguous Parcels) of land divided into two or more manufactured home Lots for rent or sale. MARKET VALUE. The building value, not including the land value and that of any Accessory Structures or other improvements on the Lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values. MEAN SEA LEVEL. For purposes of this article, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. NEW CONSTRUCTION. Structures for which the “start of construction” commenced on or after the effective date of the original version of the community's Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded prior to the effective date of the Water Supply Town of Lillington, NC Unified Development Ordinance X-23 Watershed regulations of this Ordinance (or its amendments) that does not meet the minimum lot size or other development requirements of Article X of this Ordinance. NON-ENCROACHMENT AREA. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study Report. NONRESIDENTIAL DEVELOPMENT. All development other than residential development, agriculture, and silviculture. POST-FIRM. Construction or other development for which the “start of construction” occurred on or after the effective date of the initial Flood Insurance Rate Map for the area. PRE-FIRM. Construction or other development for which the “start of construction” occurred before the effective date of the initial Flood Insurance Rate Map for the area. PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure is above ground. PROTECTED AREA. The area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed. PUBLIC SAFETY AND/OR NUISANCE. Anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. RECREATIONAL VEHICLE (RV). A vehicle, which is: A) Built on a single chassis; B) Four hundred square feet or less when measured at the largest horizontal projection; C) Designed to be self-propelled or permanently towable by a light duty truck; and D) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. REFERENCE LEVEL. The portion of a structure or other development that shall be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas designated as Zone A1-A30, AE, A, A99, or AO, the reference level is the top of the lowest floor or bottom of lowest attendant utility including ductwork, whichever is lower. REGULATORY FLOOD PROTECTION ELEVATION. The “Base Flood Elevation” plus the “Freeboard”. In “Special Flood Hazard Areas” where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In “Special Flood Hazard Areas” where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade. REMEDY A VIOLATION. To bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. REPETITIVE LOSS. Flood-related damages sustained by a structure on two (2) or more separate occasions during any 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent (25%) of the market value of the structure before the damage occurred. RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, gazebos, and customary home occupations. RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like. Town of Lillington, NC Unified Development Ordinance X-24 SALVAGE YARD. Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery. SOLID WASTE DISPOSAL FACILITY. As defined in G.S. 130A-290(a) (35), any facility involved in the disposal of solid waste. SOLID WASTE DISPOSAL SITE. As defined in G.S. 130A-290(a) (36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method. SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year. START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. Permanent construction does not include: A) Land preparation, such as clearing, grading, and filling; B) The installation of streets and/or walkways; C) Excavation for a basement, footings, piers or foundations, or the erection of temporary forms; and/or D) The installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. STRUCTURE (FLOOD DAMAGE PREVENTION). For purposes of the Flood Damage Prevention Regulations of this Ordinance, “Structure” shall include but is not limited to a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground. For floodplain management purposes, principally above ground means that at least 51 percent (51%) of the actual cash value of the structure is above ground. STRUCTURE (WATER SUPPLY WATERSHED). Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any one- year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. See definition of “Substantial Improvement”. SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include either: A) Any correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or B) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. SURFACE WATER. Surface water is present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Town of Lillington, NC Unified Development Ordinance X-25 TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth), or physical deformities in such organisms or their off spring, or other adverse health effects. VARIANCE (WATER SUPPLY WATERSHED). For purposes of the Water Supply Watershed Regulations of this ordinance, “variance” shall mean 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. 1) VARIANCE (MAJOR). For purposes of the Water Supply Watershed regulations of this Ordinance, “major variance” shall mean a variance from the minimum state wide water supply watershed protection rules that results in any one (1) or more of the following: A) The relaxation, by a factor of more than 10 percent (10%), of any management requirement that takes the form of a numerical standard; and/or B) Petitions to increase built upon percentage greater than 10 percent (10%). 2) VARIANCE (MINOR). For purposes of the Water Supply Watershed regulations of this Ordinance, “minor variance” shall mean petitions for the reduction of any standard by a factor of less than ten percent (10%), including residential density or built upon percentage. VIOLATION. For purposes of the Flood Damage Prevention Regulations of this ordinance, “violation” shall mean the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to, proximity to, or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures. VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Article 6 is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of riverine areas. WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. “Watercourse” includes specifically designated areas in which substantial flood damage may occur. WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake). 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com TOWN OF LILLINGTON ORDINANCE FY2024-28 AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect the health, safety, and welfare of its citizens under the North Carolina General Statutes §160A-174; and BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that Lillington Unified Development Ordinance is amended as follows: ARTICLE X. DEFINITIONS AND INTERPRETATIONS SECTION 10.03 DEFINITIONS – GENERAL As used in the UDO, the following terms shall have the meanings assigned to them in this section. When one or more defined terms are used together, their meanings shall also be combined as the context shall require or permit. All terms not specifically defined shall carry their usual and customary meanings. Undefined terms indigenous to a trade, industry or profession shall be defined when used in such context in accordance with their usual and customary understanding in the trade, industry or profession to which they apply. AGRITOURISM. Any activity carried out on a farm or ranch setting that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, historic, cultural, harvest-your-own activities, fishing, equestrian activities, or natural activities and attractions. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 11th day of June, 2024 __________________________ Glenn McFadden, Mayor Attest: Lindsey B. Lucas, Town Clerk