NCS000430_GENERAL ORDINANCES_20211111

CODE OF GENERAL ORDINANCES
TOWN OF MONTREAT
NORTH CAROLINA
Recommended by the Planning Board on March 24, 1999
Adopted May 13, 1999 by the Board of Commissioners
Revised:
September 13, 2001
June 24, 2002
February 13, 2003
July 10, 2003
February 12, 2004
June 10, 2004
June 9, 2005
October 12, 2006
March 8, 2007
June 14, 2007
April 10, 2008
August 14, 2008
March 12, 2009
June 11, 2009
July 9, 2009
October 8, 2009
November 30, 2009
February 11, 2010
March 11, 2010
April 8, 2010
June 10, 2010
August 12, 2010
October 14, 2010
December 9, 2010
March 8, 2012
May 10, 2012
January 10, 2013
February 11, 2016
November 11, 2021
Prepared with Assistance from the
Land -of -Sky Regional Council

TABLE OF CONTENTS
Town of Montreat
Code of General Ordinances
Last Revised: November 11, 2021
CHAPTER A - GENERAL PROVISIONS AND ADMINISTRATION .............................................. 1
ARTICLE I: DEFINITIONS OF WORDS AND PHRASES..................................................................................1
ARTICLE II: LEGISLATIVE...........................................................................................................................7
ARTICLE III: ORDINANCES........................................................................................................................8
ARTICLE IV: OFFICERS AND EMPLOYEES..................................................................................................9
ARTICLE V: FINANCES AND PURCHASING..............................................................................................11
CHAPTER B - POLICE..........................................................................................................................12
CHAPTER C - FIRE PROTECTION AND PREVENTION..............................................................13
ARTICLE I: FIRE PREVENTION CODE.......................................................................................................13
CHAPTER D - STREETS AND PUBLIC WALKWAYS....................................................................22
ARTICLE I: DAMAGE TO STREETS AND PUBLIC WALKWAYS.................................................................... 22
ARTICLE II: OBSTRUCTING STREETS AND PUBLIC WALKWAYS................................................................ 26
ARTICLE III: USE AND CLEANLINESS....................................................................................................... 27
ARTICLE IV: STREET STANDARDS........................................................................................................... 28
CHAPTER E - UTILITIES.....................................................................................................................38
ARTICLE I: WATER & WASTEWATER......................................................................................................38
ARTICLE II: WATER CONSERVATION ORDINANCE..................................................................................41

CHAPTER F - TRAFFIC........................................................................................................................53
ARTICLE I: REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS AND POLICE OFFICERS ............................ 53
ARTICLE II: OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES.......................................................... 55
ARTICLE III: STOPPING, STANDING, AND PARKING................................................................................ 56
ARTICLE IV: OPERATION OF VEHICLES................................................................................................... 63
CHAPTER G - HEALTH PROTECTION AND DISEASE PREVENTION.....................................65
ARTICLE I: GENERAL REGULATIONS.......................................................................................................65
ARTICLE II: SOLID WASTE DISPOSAL AND REFUSE COLLECTION.............................................................67
ARTICLE III: SMOKING POLLUTION CONTROL........................................................................................70
ARTICLE IV: DERELICT VEHICLE ORDINANCE.......................................................................................... 75
CHAPTER H - BUSINESS AND TRADES.......................................................................................... 78
ARTICLE I: PRIVILEGE LICENSES..............................................................................................................78
ARTICLE II: RENTALS.............................................................................................................................. 79
CHAPTER I - DISORDERLY CONDUCT AND PUBLIC NUISANCES..........................................80
ARTICLE I: DISORDERLY CONDUCT.........................................................................................................80
ARTICLE II: NOISE CONTROL.................................................................................................................. 81
ARTICLE III: DOGS.................................................................................................................................. 84
ARTICLE IV: OTHER ANIMALS.................................................................................................................86
ARTICLE V: FIREARMS............................................................................................................................87
CHAPTER J - BUILDING CODES........................................................................................................90
ARTICLE I: GENERAL BUILDING REGULATIONS.......................................................................................90
ARTICLE II: MINIMUM HOUSING REGULATIONS....................................................................................93
ARTICLE III: NON-RESIDENTIAL BUILDINGS..........................................................................................111
ARTICLE IV: GENERAL PROVISIONS......................................................................................................121

CHAPTER K - ENVIRONMENT.......................................................................................................122
ARTICLE I: FLOOD DAMAGE PREVENTION ORDINANCE........................................................................122
ARTICLE II: SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE............................................157
ARTICLE III: STORMWATER MANAGEMENT.........................................................................................158
ARTICLE IV: HILLSIDE DEVELOPMENT..................................................................................................186
ArticleV: TREES...................................................................................................................................202
CHAPTER L - PENALTIES............................................................................................................... 213
CHAPTER M - EXTENSIONS OF PUBLIC UTILITIES AND STREETS .................................... 216
RATIFICATION AND ADOPTION.................................................................................................. 228

MONTREAT GENERAL ORDINANCES
CHAPTER A - GENERAL PROVISIONS AND ADMINISTRATION
ARTICLE I: DEFINITIONS OF WORDS AND PHRASES
(Revised 211312003)
Section 1. Word Interpretation: Except as specifically defined herein, all words used in this
Code of General Ordinances shall have their customary dictionary definitions. For the purposes
of this Code of General Ordinances, certain words or terms used herein are defined as follows:
The words "Code" and "Code of General Ordinances" shall mean the Code of General
Ordinances of the Town of Montreat, North Carolina.
The word "Town" shall mean the Town of Montreat, North Carolina.
The word "Board" shall mean the Board of Commissioners of the Town of Montreat,
North Carolina.
The words "Board of Adjustment" shall mean the Town of Montreat Zoning Board of
Adjustment.
The words "Planning Board" shall mean the Town of Montreat Planning and Zoning
Commission.
The words "Police Department" shall mean the Town of Montreat Police Department.
The word "may" is permissive.
The word "shall" is mandatory.
Section 2. Definitions
Abandoned Motor Vehicle: A Vehicle which is:
a) left on public grounds or Town owned property in violation of a law or ordinance
prohibiting parking;
b) left for longer than twenty-four (24) hours on property owned or operated by the Town;
c) left for longer than two (2) hours on private property without the consent of the owner,
occupant, or lessee of the property; or
d) left for longer than seven (7) days on public grounds.

Montreat General Ordinances
Chapter A — General Administration
Article I: Definition of Words and Phrases
At Large: An animal shall be deemed to be at large when it is off the owner's property and
not under the control of the owner or a responsible Person, either by leash, cord, or chain.
Authorized Emergency Vehicle: Vehicles of the Fire Department and Police Department
and such ambulances designated or authorized by the Chief of Police.
Bar: An area which is devoted to the serving of alcoholic beverages for consumption by
guests on the premises and in which the serving of food is only incidental to the consumption of
such beverages. Although a Restaurant may contain a bar, the term "bar" shall not include the
Restaurant dining area.
Business: Any sole proprietorship, partnership, joint venture, corporation or other
business entity formed for profit -making purposes, including retail establishments where goods
or services are sold as well as professional corporations and other entities where legal, medical,
dental, engineering, architectural or other professional services are delivered.
Block: A unit of land bounded by Streets or by a combination of Streets and public land,
waterways, or any other barrier to the continuity of development.
Child Care Facility: Any licensed nursery, day care center, preschool, or other facility that
provides care for children.
Crosswalk: That portion of a Roadway ordinarily included within the prolongation or
connection of the lateral lines of Sidewalks at Intersections. Any portion of a Roadway
distinctly indicated for Pedestrian crossing by lines or other markings on the surface.
Derelict Vehicle: A Motor Vehicle:
a) Whose certificate of registration has expired and the registered and legal owner no
longer resides at the address listed on the last certificate of registration on record with
the North Carolina Department of Transportation; or
b) Whose major parts have been removed so as to render the Vehicle inoperable and
incapable of passing inspection as required under existing standards; or
c) Whose manufacturer's serial plates, Vehicle identification numbers, license plates and
any other means of identification have been removed so as to nullify efforts to locate or
identify the registered legal owner; or
d) Whose registered and legal owner of record disclaims ownership or releases his/her
rights thereto; or
e) Which is more than 12 years old and does not bear current license as required by the
Department of Motor Vehicles.
2

Montreat General Ordinances
Chapter A — General Administration
Article I: Definition of Words and Phrases
EXCEPTION: A Vehicle that is on private property and is being stored, repaired or restored
by the owner will not be considered a Derelict Vehicle. This exception holds true even if the
Vehicle is not registered, is partially stripped and will not pass inspection, or is more than 12
years old. If the Vehicle is on private property and is claimed by the owner, it is not
Abandoned or Derelict.
Driver: Every Person who drives or is in actual physical control of a Vehicle.
Employee: Any Person who is employed by any Employer in the consideration for direct or
indirect monetary wages or profit, and any Person who volunteers his or her services for a non-
profit entity.
Employer: Any Person or Entity, including a municipal corporation or non-profit entity, who
employs the services of one or more individual Persons.
Enclosed Area: All space between a floor and ceiling which is enclosed on all sides by
solid walls or windows (exclusive of door or passage ways) which extend from the floor to the
ceiling, including all space therein screened by partitions which do not extend to the ceiling or
are not solid, "office landscaping" or similar structures.
Entity: Any firm, partnership, corporation, limited liability company or any other type of
business association.
Fiscal Year: The period beginning with the 1st day of July and ending with the following 30th
day of June.
Health Care Facility: Any public or private facility principally engaged in providing services for
health maintenance and the treatment of mental and physical conditions, including but not
limited to laboratories, hospitals and doctors' offices.
Intersection: The area where two or more Roadways cross or join at grade.
Junked Motor Vehicle: An Abandoned Motor Vehicle that also:
a) is partially dismantled or wrecked; or
b) cannot be self-propelled or moved in the manner in which it originally was intended to
move; or
c) is more than five (5) years old and appears to be worth less than one hundred dollars
($100); or
d) does not display a current license plate.
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Montreat General Ordinances
Chapter A — General Administration
Article I: Definition of Words and Phrases
Motor Vehicle: Every Vehicle which is self-propelled by some kind of motor (e.g.
gasoline, diesel, electric).
Officer: A Police Officer of the Town or any other agent of the Town that is authorized by
the Board to implement ordinances and procedures of the Town.
Official Traffic Control Devices: All signs, signals, markings, mirrors and devices not
inconsistent with this Code of Ordinances placed or erected by authority of the governing body
or official having jurisdiction, for the purpose of regulating, warning, or guiding Traffic.
Park: To bring a Vehicle, whether occupied or not, to a stop and keep Standing other than
temporarily for the purpose of and while actually engaged in loading or unloading.
Pedestrian: Any Person afoot.
Person: Every natural Person.
Place of Employment: Any Enclosed Area under the control of a public or private employer
which Employees normally frequent during the course of employment, including but not limited
to work areas, Employee lounges and restrooms, conference and class rooms, Employee
cafeterias and hallways. A private residence is not a "place of employment" unless it is used as
a Child Care or Health Care Facility.
Police Officer: Every Officer of the municipal police department or any Officer authorized to
direct or regulate Traffic or to make arrests for violation of traffic regulations.
Private Road or Driveway: Every road or driveway not open to the use of the public for
purposes of vehicular travel.
Public Place: Any enclosed area to which the public is invited or in which the public is
permitted, including, but not limited to, banks, educational facilities, health facilities,
Laundromats, public transportation facilities, reception areas, Restaurants, retail food
production and marketing establishments, retail service establishments, retail stores, theaters
and waiting rooms. A private residence is not a "public place."
Public Walkway: A cleared way or path for pedestrians located on public grounds that may
or may not be paved or otherwise improved. A Sidewalk is a type of Public Walkway.
Recyclable Materials: Newspaper, magazine, cardboard, telephone books, loose paper, glass
containers, designated plastic containers, steel or aluminum cans and scraps, reusable clothing.
11

Montreat General Ordinances
Chapter A — General Administration
Article I: Definition of Words and Phrases
Refuse: All discarded household and yard items, such as appliances, furniture,
equipment, leaves, clippings, branches, etc.
Residential Yard Waste: Bagged leaves and brush and trimmings which measure shorter
than four feet (4') in length and less than six inches (6") in diameter. Lawn grass clippings are
excluded from pick-up.
Residential White Goods/Bulk Goods: Appliances, stoves, refrigerators, water heaters,
furniture, carpet, window air conditioners, items other than household garbage, recyclables,
building materials, hazardous waste, tires.
Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria
and any other eating establishment which gives or offers food for sale to the public, guests, or
Employees, as well as kitchens in which food is prepared on the premises for serving elsewhere,
including catering facilities. The term "Restaurant" shall not include a cocktail lounge or tavern
if said cocktail lounge or tavern is a "Bar" as defined above.
Right-of-way: The privilege of the immediate use of the Roadway.
Roadway: That portion of a Street that is improved, designed, or ordinarily used for
vehicular travel.
Safety Zone: The area or space officially set apart within a Roadway for the exclusive use of
Pedestrians and which is protected or is so marked or indicated by adequate signs as to be
plainly visible at all times while set apart as a Safety Zone.
Service Line: Any indoor line at which one (1) or more Persons are waiting for or receiving
service of any kind, whether or not such service involves the exchange of money.
Sidewalk: A paved, surfaced or leveled area, paralleling and usually separated from the
Street, intended for use as a Pedestrian walkway.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or
other combustible substance in any manner or in any form.
9

Montreat General Ordinances
Chapter A — General Administration
Article I: Definition of Words and Phrases
Smoking Materials: All items, paraphernalia, and equipment associated with the act of
Smoking, including but not limited to: cigars, cigarettes, pipes, pipe tobacco, weeds, plants
(whether lighted or unlighted); matches, lighters, lighter fluid, butane -type lighter fillers; and all
containers, wrappers, and packaging associated therewith.
Solid Waste (garbage): Unwanted or discarded animal and vegetable matter, small cans,
glassware, crockery, paper and plastic products, and other small containers in which animal and
vegetable matter has been left or stored.
Sports Arena: Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller
and ice rinks, bowling alleys and other similar places where members of the general public
assemble either to engage in physical exercise, participate in athletic competition, or witness
sports events.
Standing: Any stopping of a Vehicle, whether occupied or not.
Stop or Stopping: When prohibited, means any stopping of a Vehicle except when
necessary to avoid conflict with other Traffic or in compliance with the direction of a Police
Officer or traffic control sign or signal.
Street or Highway: The entire width between property lines of every way or place of
whatever nature when any part thereof is open to the use of the public, as a matter of right, for
purpose of vehicular traffic.
Traffic: Pedestrians, ridden animals, Vehicles and other conveyances either singly or
together while using any Street for purposes of travel.
Vehicle: Every device in, upon, or by which any Person or property is or may be
transported or drawn upon a Street, except devices moved by human power or used exclusively
upon stationary rails or tracks; provided, that for the purpose of this Ordinance, a bicycle or a
ridden animal shall be deemed a Vehicle.
Section 3. Official Time Standard. Whenever certain hours are named herein they
shall mean standard time or daylight saving time as may be in current use in the Town.
3

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER A - GENERAL PROVISIONS AND ADMINISTRATION
ARTICLE II: LEGISLATIVE
Section 1. Regular Meetings. The regular meetings of the Mayor and Board of the Town
shall be held on the second Thursday of each month, at 7:30 p.m. in the Allen Building, unless
otherwise designated by the Board. The regular meeting begins at the public hearing starting
time in those months when a public hearing is scheduled before the regular monthly meeting,
as announced during the prior month's meeting.
Section 2. Special Meetings. Special meetings of the Board may be held upon the call of
the Mayor or upon written request of any two members of the Board. Notice of the time and
purposes of said special meetings shall be posted, and due notice shall be given to the Mayor
and Board of the time and purposes of such meetings.
Section 3. Quorum. A majority of the members of the Board shall constitute a quorum
and no official business of the Town shall be transacted by the Board unless a quorum is
present.
Section 4. Minutes. It shall be the duty of the Town Clerk to be present at all meetings
of said Town Board and to keep in a book provided for that purpose a record of all the
proceedings of the Board.
Section 5. Mayor to Preside. The Mayor shall preside at all meetings of the Board and in
his/her absence the Mayor Pro Tempore shall preside.
Section 6. Mayor Not to Vote. The Mayor shall not vote on any question before the
Board except in the case of a tie vote deadlocking a decision of the Board.
Section 7. Committees. The Mayor and Commissioners may create such committees of
the Board for special purposes as they deem best.
7

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER A - GENERAL PROVISIONS AND ADMINISTRATION
ARTICLE III: ORDINANCES
Section 1. Effective Date. All ordinances shall be effective after the ratification
thereof except ordinances specifying some other effective date or ordinances required by state
law to be effective only after having met specific date requirements.
Section 2. Ordinance Confined to One Subject. All ordinances shall be confined to one
subject except appropriation ordinances which shall be confined to the subject of appropriation
only.
Section 3. Official Copy. A true copy of an ordinance, which has been duly enacted by
the Board, signed by the Mayor, and attested to by the Town Clerk shall be known as an official
copy of any ordinance for the Town. The official copy of all ordinances shall be kept at the
Town office. All ordinances or a true copy thereof shall be inserted in this Code in the proper
chapter.
Section 4. Ordinances Appropriating Money. No appropriation ordinance or an ordinance
to alter or repeal an appropriation ordinance shall be enacted at any meeting other than a
regular meeting except by a unanimous vote of the entire Board.
Section 5. Public Education. The Board shall engage in a continuing program to explain
and clarify the purposes and requirements of the ordinances contained in this Code to citizens
affected by it, and to guide owners, operators and managers in their compliance with them.
Such program may include publication of brochures explaining the provisions of the ordinances.
Section 6. Severability. Should any Section or provision of this Code be declared by a
court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect
the validity of the Code of General Ordinances as a whole or any part thereof other than the
part so declared to be unconstitutional or invalid.

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER A - GENERAL PROVISIONS AND ADMINISTRATION
ARTICLE IV: OFFICERS AND EMPLOYEES
Section 1. Office of Mayor. It shall be the duty of the Mayor to cause all ordinances of
the Town to be enforced and to attend and preside over all meetings of the Board. It shall
further be the duty of the Mayor to, within thirty days after the close of each year, require a
report to the Board from the various departments of the Town government for the previous
year and recommend such adjustments as he/she may see fit. The Mayor shall perform such
other duties as the Board may from time to time require. The Mayor shall be the chief
executive Officer of the Town.
Section 2. Offices of the Town Administrator and Finance Officer. The Town Administrator
and Finance Officer shall be appointed by the Board at the first meeting in each year.
a) It shall be the duty of the Finance Officer, under supervision of the Town Administrator,
to keep true, accurate and just books of accounts of the dealings and transactions of the
Town. These books shall show at all times the true condition of the Town, its resources
and liabilities and the disposition and use of the moneys coming under the control of
the Town.
b) The Town Administrator shall keep or cause to be kept in a safe place all moneys,
records, and accounts.
c) The Finance Officer shall disburse funds for the various purposes of the Town only when
an appropriation for such purpose has been made in the annual budget and the
disbursement is authorized by the Town Administrator.
d) The Town Administrator shall perform such other duties as the Board may from time to
time require.
Section 3. Office of the Town Clerk. The Town Clerk shall attend all meetings of the
Board and shall regularly and fairly record all their proceedings. He/she shall also keep a bound
book of the Code of Ordinances, in which he/she shall fairly and correctly transcribe all
ordinances which are enacted by the Board.
Section 4. Office of the Zoning Official. The Zoning Official has the responsibilities of
administering and enforcing the Town's Zoning Ordinance, under the supervision of the Board.
The Zoning Official shall be appointed by the Board at the first meeting in each year.

Montreat General Ordinances
Chapter A - General Administration
Article IV: Officers and Employees
Section 5. Director of Public Works. The Director of Public Works shall direct and
coordinate the functions, activities and personnel of the Public Works Section and perform
related work as required, under the supervision of the Town Administrator. The Town's public
works operations include street maintenance and repair, street sign installation and
maintenance, construction and repair of water distribution system, water wells, landscaping
and installation and repair of storm drainage facilities. The Director of Public Works shall be
appointed by the Board at the first meeting in each year.
Section 6. Other Officers and Employees. Such other Officers and Employees that are
deemed necessary shall be appointed by the Board.
Section 7. Employees' Bonds. The Town Administrator and other Officers or Employees
required by the Board shall, before entering upon their duties, post bond in amounts specified
by the Board. All bond premiums shall be paid from Town funds. Provided that, when two
offices are combined, such as Town Administrator and Tax Collector, only one bond shall be
required.
10

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER A - GENERAL PROVISIONS AND ADMINISTRATION
ARTICLE V: FINANCES AND PURCHASING
Section 1. Disbursement of Funds. No money shall be disbursed from the Town
treasury except for items that have been provided for in the annual budget, or in the case of an
extreme emergency. All checks shall be signed by the Finance Officer and one Commissioner or
Mayor.
Section 2. Purchasing.
a) Before any order is given for items to be paid by the Town or any purchase made by any
Town Employee, a purchasing order must first be obtained from the Town
Administrator.
b) Any Town Employee purchasing goods without a purchase order from the Town
Administrator shall be held responsible for the cost of same.
11

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER B - POLICE
(Revised 611012004)
Section 1. Organization. The Police Department of the Town shall consist of a Chief and as
many Officers as the Board shall deem necessary. The Board may establish within the Police
Department, as a division thereof, an auxiliary police division. The auxiliary police division shall
be a volunteer organization whose members shall serve without compensation.
Section 2. Control. The Town Administrator shall have general supervision over the
Police Department. The Board may suspend, for cause, any member of the Police Department
until the next regular meeting at which time final disposition shall be made.
Section 3. Uniforms. All Police Officers shall wear uniforms as shall be provided by the
Town and shall surrender all uniforms and equipment upon leaving the police service of the
Town if such uniforms and equipment were furnished by the Town.
Section 4. Duties of Police. The members of the Police Department shall carry out all
orders of the Board, enforce all laws and ordinances of the Town and the State of North
Carolina, and at all times preserve the peace and protect the property and the safety of the
citizens of Montreat.
Section 5. Chief of Police. The Chief shall have control over the Police Department
under the supervision of the Town Administrator. The Chief shall keep the Board informed of
the department's activities and make such reports that the Board may from time to time
require, and he/she shall perform such other duties as may be required of him/her by the
Board.
12

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER C - FIRE PROTECTION AND PREVENTION
(Revised 0612412002)
(Revised 0611012010)
ARTICLE I: FIRE PREVENTION CODE
AN ORDINANCE FOR ADOPTION OF THE CURRENT EFFECTIVE EDITION INTERNATIONAL FIRE
CODE AS AMENDED BY THE STATE OF NORTH CAROLINA AND THE TOWN OF MONTREAT.
An Ordinance of the Town of Montreat adopting the current effective North Carolina Edition of
the International Fire Code, including the Appendix Chapters as amended, regulating and
governing the safeguarding of life and property from fire and explosion hazards arising from the
storage, handling and use of hazardous substances, materials and devices, and from conditions
hazardous to life or property in the occupancy of buildings and premises in the Town of
Montreat; providing for the issuance of permits for hazardous uses or operations; repealing
Chapter C, Entitled "Fire Protection and Prevention" and all other ordinances and parts of the
ordinances in conflict therewith.
The Town of Montreat does ordain as follows:
NC Building Code, Volume 5, Fire Prevention and Protection, is hereby repealed in its entirety
and replaced as set out with these new provisions as a new Chapter C, Entitled "Fire Protection
and Prevention".
Section 1. Fire Prevention Code Adopted. That a certain document, not less than one
(1) copy on file at the Fire Inspections Office, and not less than (1) copy on file at the Building
Inspections Office, being marked and designated as the current effective North Carolina Edition
of the International Fire Code, including the Appendix Chapters as amended, be and is hereby
adopted as the code of the Town of Montreat for regulating and governing the safeguarding of
life and property from fire and explosion hazards arising from the storage, handling and use of
hazardous substances, materials and devices, and from conditions hazardous to life or property
in the occupancy of buildings and premises and providing for the issuance of permits for
hazardous uses or operations; and each and all of the regulations, provisions, conditions and
terms of such Fire Code are hereby referred to, adopted and made a part hereof as if fully set
out in this ordinance.
The North Carolina State Building Code Council may revise and amend the North Carolina State
Fire Prevention Code, either on its own motion or upon application from any citizen, state
agency or political subdivision of the State. In adopting any amendment, the Council shall
comply with the same procedural requirements and standards set forth in N.C.G.S. §143-138
13

Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
for adoption of the Code, and such adoption shall be the current effective edition of the Code
establishing fire prevention and safety guidelines for the Town, except as modified or amended
in this Chapter.
In the event of conflicts with current effective North Carolina Edition of the International Fire
Code and this chapter, the more restrictive provisions shall prevail.
Section 2. Fire Chief's Responsibilities. The Fire Prevention Division is established within
the Town of Black Mountain under the direction of the Fire Chief. The function of the division
with respect to this code shall be to provide support and coordinate fire response and
protection services for the Town of Montreat. .
Section 3. Enforcement of Fire Code. The Code Administrator for the Town of Montreat or
other designee appointed by the Town Board of Commissioners shall serve as Fire Code Official,
and is hereby authorized to enforce the provisions of this code and shall have the authority to
render interpretations of this code, and to adopt policies, procedures, rules and regulations in
order to clarify the application of its provisions. Such interpretations, policies, procedures, rules
and regulations shall be in compliance with the intent and purpose of this code and shall not
have the effect of waiving requirements specifically provided for in this code.
Section 4. Liability. The code official, officer or employee charged with the enforcement of
this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and
is hereby relieved from all personal liability for any damage accruing to persons or property as a
result of an act required or permitted in the discharge of official duties.
Section 5. Legal Defense. Any suit instituted against any officer or employee because of an
act performed by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The code official or any subordinate shall not be liable for
costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this
code; and any officer of the department of fire prevention, acting in good faith and without
malice, shall be free from liability for acts performed under any of its provisions or by reason of
any act or omission in the performance of official duties in connection therewith.
Section 6. Applications and Permits. The fire code official is authorized to receive
applications, review construction documents and issue permits for construction regulated by
the fire code, issue permits for operations regulated by the fire code, inspect the premises for
which such permits have been issued and enforce compliance with the provisions of this code.
14

Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
Section 7. Investigation of Fires. The fire chief or his designee shall coordinate with the fire
code official investigations of the cause, origin, and circumstances of every fire occurring in the
Town of Montreat, by which property has been destroyed or damaged. Such investigations shall
begin immediately upon the occurrence of such a fire. This is in accordance with North Carolina
General Statutes that address this responsibility.
Section 8. Authority at Fires and Other Emergencies. The fire chief or officer of the fire
department in charge at the scene of a fire or other emergency involving the protection of life
or property or any part thereof, shall have the authority to direct such operation as necessary
to extinguish or control any fire, perform any rescue operation, investigate the existence of
suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any
other action necessary in the reasonable performance of duty. In the exercise of such power,
the fire chief or officer of the fire department is authorized to prohibit any person, vehicle,
vessel or thing from approaching the scene and is authorized to remove, or cause to be
removed or kept away from the scene, any vehicle, vessel or thing which could impede or
interfere with the operations of the fire department and, in the judgment of the fire chief, any
person not actually and usefully employed in the extinguishing of such fire or in the
preservation of property in the vicinity thereof.
Section 9. Barricades. The fire chief or officer of the fire department in charge at the scene
of an emergency is authorized to place ropes, guards, barricades or other obstructions across
any street, alley, place or private property in the vicinity of such operation so as to prevent
accidents or interference with the lawful efforts of the fire department to manage and control
the situation and to handle fire apparatus.
Section 10. Obstructing Operations. No person shall obstruct the operations of the fire
department in connection with extinguishment or control of any fire, or actions relative to
other emergencies, or disobey any lawful command of the fire chief or officer of the fire
department in charge of the emergency, or any part thereof, or any lawful order of a police
officer assisting the fire department.
Section 11. Systems and Devices. No person shall render a system or device inoperative
during an emergency unless by direction of the fire chief or fire department official in charge of
the incident.
In addition to the requirements found in the North Carolina Fire Code and Administration and
Enforcement Code, the Town of Montreat adopts these sections by ordinance:
Section 12. Permits. Permits shall be in accordance with Section 105 of the 2002 North
Carolina Edition of the 2000 International Fire Code.
15

Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
a) Permits Required. Permits required by the fire code shall be obtained from the
fire code official. Permit fees shall be established as set forth in the Fee Schedule
for the Town and paid prior to issuance of the permit. Issued permits shall be
kept on the premises designated therein at all times and shall be readily
available for inspection by the fire code official.
b) Types of Permits. There shall be two types of permits as follows:
1) Operational Permit. An operational permit allows the applicant to
conduct an operation or a business for which a permit is required by
105.6 for either:
1.1 A prescribed period.
1.2 Until renewed or revoked.
2) Construction Permits. A construction permit allows the applicant to
install or modify systems and equipment for which a permit is required
by 105.6.
c) Permits for the Same Location. When more than one operational permit is
required for the same location, the code official is authorized to consolidate such
permits into a single permit provided that each provision is listed in the permit.
d) Application. Application for a permit required by this code shall be made to the
code official in such form and detail as prescribed by the code official.
Applications for permits shall be accompanied by such plans as prescribed by the
code official.
e) Refusal to Issue Permit. If the application for a permit describes a use that does
not conform to the requirements of this code and other pertinent laws and
ordinances, the code official shall not issue a permit, but shall return the
application to the applicant with the refusal to issue such permit. Such refusal
shall, when requested, be in writing and shall contain the reasons for refusal.
f) Inspection Authorized. Before a new operational permit is approved, the
code official is authorized to inspect the receptacles, vehicles, buildings, devices,
premises, storage spaces or areas to be used to determine compliance with this
code or any operational constraints required.
Section 13. Violations.
a) Unlawful Acts. It shall be unlawful for a person, firm or corporation to erect,
construct, alter, repair, remove, demolish, or utilize a building, occupancy,
16

Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
premises, or system regulated by this code, or cause same to be done, in conflict
with or in violation of any of the provisions of this code.
b) Notice of Violation. When the code official finds a building, premises, vehicle,
storage facility, or outdoor area that is in violation of this code, the code official
is authorized to prepare a written notice of violation describing the conditions
deemed unsafe and, when compliance is not immediate, specifying a time for
compliance.
c) Service. A notice of violation issued pursuant to this code shall be served upon
the owner, operator, occupant, or other person responsible for the condition or
violation, either by personal service, mail, or by delivering the same to, and
leaving it with, some person of responsibility upon the premises. For unattended
or abandoned locations, a copy of such notice of violation shall be posted on the
premises in a conspicuous place at or near the entrance to such premises and
the notice of violation shall be mailed by certified mail with return receipt
requested or a certificate of mailing, to the last known address of the owner,
occupant or both.
d) Compliance with Orders and Notices. The owner, operator, occupant or other
person responsible for the condition or violation to which the notice of violation
pertains, shall comply with a notice of violation issued or served as provided by
this code.
e) Prosecution of Violations. If the notice of violation is not complied with
promptly, the code official is authorized to request the Attorney of the Town of
Montreat to institute the appropriate legal proceedings at law or in equity to
restrain, correct or abate such violation or to require removal or termination of
the unlawful occupancy of the structure in violation of the provisions of this code
or of the order or direction made pursuant thereto.
f) Unauthorized Tampering. Signs, tags or seals posted or affixed by the code
official shall not be mutilated, destroyed, tampered with, or removed without
authorization from the code official.
Section 14. Violation Penalties. Any person, firm, corporation or their assigns, agent or
executor who violates a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the code official, or of a permit or certificate
used under provisions of this code, shall be deemed in violation of this code. Each calendar
day, or lesser time period as specified in a written notice, that a violation continues after due
notice has been served shall be deemed a separate offense. Violators of this code may be
assessed a civil monetary penalty based upon the class of violation and the fee schedule of civil
penalties as adopted by the Town of Montreat.
17

Montreat General Ordinances
Chapter C — Fire Protection and Prevention
Article I: Fire Prevention Code
Section 15. Classes of Violations. Violations of this code shall be assigned a violation
classification as defined in this section. Determination of the class of violation shall be at the
sole discretion of code officials of the Black Mountain Fire Department who are charged with
enforcement of this code.
Class D. A violation of the provisions of this code shall be deemed a Class D
violation.
Class C. A violation of the provisions of this code, which causes an increase of the
hazard or menace of fire, explosion, or other hazardous condition or may
delay, hinder, or interfere with the operations of the fire department,
shall be deemed a Class C violation.
Class B. A violation of the provisions of this code which may delay, hinder, or
prevent the egress of the occupants in the event of a fire and/or other
emergency or acts which may prevent the operation of fire and/or life
safety devices and/or systems shall be deemed a Class B violation.
Class A. A violation of the provisions of this code that delayed, hindered, or
prevented the egress of the occupants during an emergency or caused a
fire or increased the severity of a fire or acts that prevented the
operation of a fire and/or life safety system or device during an
emergency shall be deemed a Class A violation.
Note: Civil fines are Class D: $50.00, Class C: $75.00, Class B: $150.00, and Class A: $300.00.
Section 16. Abatement of Violation. In addition to the imposition of the civil penalties
herein described, the code official is authorized to institute appropriate action to prevent
unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy
of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a
structure on or about any premises in accordance with N.0 General Statutes.
In addition to the requirements found in the North Carolina Fire Code and Administration and
Enforcement Code, the Town of Montreat adopts these sections by ordinance:
Section 17. Hazard Categories. Adoption of Appendix E - Hazard Categories, in order to
provide limits and definition for the enforcement of Chapter 27 of the International Fire Code.
Section 18. Constitutionality. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be unconstitutional; such decision shall not affect the
validity of the remaining portions of this ordinance. The Town of Montreat hereby declares that
it would have passed this ordinance, and each section, subsection, clause or phrase thereof,

Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
Section 19. Adoption. That this ordinance and the rules, regulations, provisions,
requirements, orders and matters established and adopted hereby shall take effect and be in
full force and effect January 1, 2002 from and after the date of its final passage and adoption.
Permits and Schedules
(Note: This document is included for informational purposes and is NOT part of the ordinance)
Two types of permits are identified:
1) Operational. Issued for a prescribed period or until renewed or revoked
2) Construction. Allows the applicant to install and/or modify systems and
equipment
[CONTINUED ON FOLLOWING PAGE]
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Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
Operational Permits
Optional
Mandatory
Aerosol Products
Amusement Buildings
Aviation Facilities
Carnivals & Fairs
Battery Systems
Covered Mall Buildings
Cellulose Nitrate Film
Exhibits & Trade Shows
Combustible Dust Producing Operations
Explosives
Compressed Gasses
Flammable & Combustible Liquids*
Cryogenic Fluids
Fumigation and Insect Fogging
Cutting & Welding
Liquid or Gas Fueled Vehicles inside Assembly
Dry Cleaning Plants
Spraying or Dipping
Fire Hydrants & Valves
Temporary Membrane Structures
Flammable & Combustible Liquids*
Floor Finishing
Fruit & Crop Ripening
Hazardous Materials & Facilities
High Piled Storage
Hot Work
Industrial Ovens
Lumber & Woodworking Plants
LP Gas
Magnesium
Miscellaneous Combustible Storage
Open Burning
Open Flames and Candles
Organic Coatings
Places of Assembly
Private Fire Hydrants
Pyrotechnic Effects
Pyroxylin Plastics
Refrigeration Equipment
Repair Garages / Service Stations
Rooftop Heliports
Storage of Scrap Tires and Byproducts
Tire Rebuilding
Waste Handling
Wood Products (Chips, Plywood, Lumber, Storage
> 200 Cubic feet)
*Change, Replace, or Abandon Tanks, Operate Bulk Storage, Transport, or Dispensing Facility
Dispense into fuel tanks.
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Montreat General Ordinances
Chapter C - Fire Protection and Prevention
Article I: Fire Prevention Code
Construction Permits
Optional
Mandatory
LP Gas
Automatic Fire -Extinguishing Systems
Compressed Gasses
Fire Alarm / Detection Systems (& related)
Fire Pumps & Related Equipment
Flammable & Combustible Liquids
Hazardous Materials
Industrial Ovens
Private Fire Hydrants
Spraying or Dipping
Standpipe Systems
Temporary Membrane Structures
Schedule of Inspections, NCGS Mandated:
Once Every Year
Hazardous, Institutional, High Rise, Assembly,
Residential*
Once Every Two Years
Industrial and Educational
Once Every Three Years
Business, Mercantile, Storage, Churches, and
Synagogues
*Excludes one and two family dwellings, and includes interior common areas of dwelling
units of multi -family occupancies
21

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER D - STREETS AND PUBLIC WALKWAYS
ARTICLE I: DAMAGE TO STREETS AND PUBLIC WALKWAYS
(Revised 310812012)
Section 1. Permit Required. No person or entity shall cut into any street, sidewalk,
walkway, alley or other public right-of-way for any purpose, including but not limited to
installation of and repair to utility systems, or disturb the right-of-way by removing any dirt,
sod, sand or paving material therefrom or otherwise disturb the right-of-way, without first
obtaining a cut permit from the Town Building Inspector/Code Enforcement Officer. If trees in
the right-of-way are to be removed or if work is to be performed within the drip -line of trees in
the right-of-way, no cut permit shall be issued until the permittee meets the requirements of
Section 625 of the Montreat Zoning Ordinance.
Section 2. Public Walkway Construction. No Public Walkway of any description shall
be built by any Person or Entity of brick, wood, asphalt, concrete or any other material without
a written permit from the Town Building Inspector/Code Enforcement Officer.
Section 3. Permit Armlication and Fee.
a) Each application for a cut permit shall be accompanied by the required permit fee as
set forth in the Town's Fee Schedule. All fees for cuts within the public rights -of -way
shall be set forth in the Town's Fee Schedule.
b) If the cut work extends beyond ten working days, excluding weather days, a penalty
as set forth in the Town's Fee Schedule shall be assessed in addition to the regular
permit fee. A permit may be extended without penalty if extenuating circumstances
are encountered. Extenuating circumstances may consist of but not be limited to
circumstances that could not be planned for nor reasonably anticipated and beyond
the control of the permittee. Provided, however, extenuating circumstance shall not
consist of failure of a subcontractor to perform. The Building Inspector/Code
Enforcement Officer may grant extensions provided the extension is requested in
writing at least 48 hours prior to the permit deadline. All extensions must be
approved in writing. A weather day shall include the following: (i) when the
temperature drops below 32 degrees Fahrenheit between the hours of 9 a.m. and 6
p.m.; or (ii) any day that the 24 hour rain accumulation for that day exceeds 0.25
inches; or (iii) any other similarly situated circumstance as determined by the Town
Building Inspector/Code Enforcement Officer.
c) If a project is scheduled to last more than ten working days, the permittee shall
submit detailed information that defines the scope of the project, a map or sketch
22

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article I: Damage to Streets and Public Walkways
showing the precise location of the project, the name of the contact person who will
be on site at all times, etc., prior to obtaining a cut permit.
d) Any person who cuts into a public right-of-way without first obtaining the cut permit
required by this section, shall be charged a civil penalty as outlined in Chapter L —
Penalties of the Montreat Code of General Ordinances. Emergency repair cuts to an
existing utility may be made without a permit in hand provided the permit is
obtained by the close of the next business day after the cut is made. In the event
the emergency work cut permit is not obtained within the time period set forth
herein, the penalty as well as the regular permit fee shall apply.
e) Any person/permittee who fails to pay permit cost, including permit fees and
penalties shall not be granted any further permits for new construction or
installation until the outstanding fees/penalties are paid.
f) It shall remain the sole responsibility of the permittee to provide traffic control per
the manual of uniform traffic control devices, located in the Town's Public Work
Director's office.
Section 4. Street Restoration and Repair.
a) Any person or entity who shall cut into any street, sidewalk, walkway, alley or other
public right-of-way within the town limits shall restore the cut in accordance with
the standards and specifications set forth in the Town's standards specifications and
detail manual as that manual is interpreted by the Town's Public Works Director and
Building Inspector. In any event, the final cut must be rectangular or square in
shape. L- or T-shaped cuts are prohibited. Cuts into town streets shall have a full
width overlay for any cuts that extend beyond one travel lane or for those streets
that have been resurfaced within three years prior to the date of the permit. The
total length of the overlay must be a minimum of 35 feet in length. Projects shall be
designed to the extent possible, so as not to locate utility poles, hydrants, valves and
manholes on sidewalks or walkways.
b) The Public Works Director and/or the Building Inspector shall be responsible for
conducting periodic inspections of the project during the progress of the work. The
permittee shall notify the Public Works Director and/or the Building Inspector when
work has been completed and request a final inspection. The Building Inspector
shall make the final inspection to determine that streets, sidewalks, walkways, alleys
or other public rights -of -way are restored to town standards, and that all debris,
materials, tools and equipment are removed therefrom. All cuts shall be warranted
by the person, corporation or company making the cut for a period of two years
from the date of final approval which warranty shall include an indemnification
clause, agreeing to indemnify and hold harmless the Town from any such claims
during the two-year warranty period.
23

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article I: Damage to Streets and Public Walkways
c) The permittee or person causing the cut shall remain solely responsible for any and
all costs incurred in restoring the street, sidewalk, walkway or public right-of-way to
town standards.
d) Upon the failure of any person to restore a town street, sidewalk, walkway, alley or
other public right-of-way to town standards, the Town will:
1) Provide written notice that the cut is not acceptable.
2) Allow ten days for the person to repair the cut; and
3) Perform a reinspection after ten days. If the work is not completed to town
standards, the Building Inspector will order the completion of the work by
the Town and recover 120 percent of the actual cost to restore the cut from
the permittee in addition to permit fees and penalties already incurred
and/or take such other legal action as is necessary to correct the violation.
Section 5. Permit Exclusions.
a) Buried service lines perpendicular to the street resulting in a trench width of six
inches or less which do not involve the cutting of the sidewalk, walkway, street, or
other street appurtenance;
b) Pole placement and removals which do not involve the cutting of the sidewalk,
walkway , street or other street appurtenances; and
c) Installation of replacement poles.
Section 6. Appeal Process. In the event that an applicant or permittee disagrees with
a fee or penalty that is assessed, notice must first be given to the Building Inspector in writing
within ten working days of the fee or penalty being assessed, setting forth the basis of the
disagreement. If the response received from the Building Inspector is not satisfactory, an
appeal may be taken to the Town Administrator within ten days of receipt of the Building
Inspector's written response. The Town Administrator may establish an advisory committee
made up of town staff to provide an advisory opinion. The Town Administrator's decision shall
be final.
Section 7. Leaving Excavations Unprotected. It shall be unlawful for any Person or Entity
making any excavation for any purpose whatsoever in any of the Streets, public alleys or Public
Walkways in the Town to fail to securely cover such excavations with planks, place ropes
around the same three feet from the ground, or place a sufficient number of amber lights
around such excavation to prevent injury to any Person using the Street, public alley or Public
Walkway.
24

Montreat General Ordinances
Chapter D - Streets and Public Walkways
Article I: Damage to Streets and Public Walkways
Section 8. Streets and Public Walkways Not to be Damaged. It shall be unlawful for any
Person or Entity to drag or run or cause to be dragged or run any harrow or other implement,
engine, machine or tool upon any Street, public alley or Public Walkway of the Town which shall
injure or cut the surface thereof.
Section 9. House Moving. No Person or Entity shall move any house or building upon
or across the Streets, public alleys or Public Walkways without the written consent of the Board
and the deposit of a bond to the Town Administrator in the sum of five thousand dollars
($5,000.00) to cover damage done to such Street, alley or Public Walkway or to any public or
private property.
Section 10. Damage to Bridges and Culverts. No Person or Entity shall injure or misplace
any part of any bridge, culvert, ditch and drain or other property belonging to or used by the
Town. No Person or Entity shall place any obstruction in any culvert, ditch or drain, to prevent
the free flow of water on or over the Streets of the Town. Footbridges that cross creeks must
be approved in writing by the Town Building Inspector.
Section 11. Damage to Lights and Signs. No Person or Entity shall injure, tamper with,
remove, paint upon or deface any sign, sign post, street light, traffic signal, bulletin board or
other municipal property, except Employees of the Town in performance of their duties.
25

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER D - STREETS AND PUBLIC WALKWAYS
ARTICLE II: OBSTRUCTING STREETS AND PUBLIC WALKWAYS
Section 1. Assembly on Public Walkways. All Persons are forbidden from assembling
or collecting so as to obstruct any Public Walkway or Street and all Persons so collecting and
standing shall disperse and move upon the demand of any Police Officer.
Section 2. Display of Goods Prohibited. No Person shall place for display or sale any goods,
wares or merchandise of any kind upon any of the Sidewalks or other Public Walkways of the
Town.
Section 3. Placing Objects on Street and Public Walkways. No brick, stone, wood or
other substances obstructing the free passage of Persons and Vehicles shall be placed in any of
the alley, Streets, Public Walkways or other routes of the Town. No Person or Entity shall place
on or in any of the alleys, Streets or Public Walkways of the Town any boxes, crates, casks, or
barrels of any description, or any other obstruction of any kind. However, any Person erecting
a building or other structure, may, with permission from the Town Administrator, place building
material for immediate use on the Streets in such a way as to not interfere with the usual
traffic.
Section 4. Construction Near Public Walkway. Before building or remodeling is begun in
close proximity to a Public Walkway, a passageway shall be constructed so as to leave the
Public Walkway unobstructed and to provide safe and easy passage.
26

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER D - STREETS AND PUBLIC WALKWAYS
ARTICLE III: USE AND CLEANLINESS
Section 1. Throwing Trash Prohibited. No trash of any kind shall be thrown or swept upon
any Public Walkway, Street or other public property in the Town.
Section 2. Tree Trimmings. It shall be unlawful for any Person to place or allow to be
placed any tree trimmings or shrubbery on any Street or Public Walkway, except as designated
by Chapter G, Article II, "Solid Waste Disposal and Refuse Collection."
27

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER D - STREETS AND PUBLIC WALKWAYS
ARTICLE IV: STREET STANDARDS
(Adopted 710912009), (Revised 311112010) (Revised 11111121)
Section 1. Town Streets. The following regulations and design standards are
intended to provide safe and necessary access to both public and residential areas of the Town of
Montreat, and to ensure preservation of the unique character of this community. In the interest
of accommodating projected future growth and enabling residents to maintain needed
connectivity, town streets will be designed to encourage use by pedestrians, automotive, and
alternative transportation.
Section 2. General Requirements. All streets to be built within the planning
jurisdiction of the Town shall be constructed as described in this ordinance and shall meet the
minimum street construction standards for the Town so that said streets, when completed,
may be accepted by resolution of the Board of Commissioners in accordance with G.S. 160A-
374. No private streets will be platted within the existing corporate limits of the Town.
Section 3. General Design Principles — Streets. The Comprehensive Plan for the Town
encourages development of a balanced network of streets, pathways and trails that
accommodate the mobility needs of its residents, visitors and students whether they travel by
vehicle, bicycle or foot, while providing safe access to the properties in the community. Equally
important, the Plan encourages a highly interconnected system of non -vehicular circulation
routes to provide connectivity to community destinations with minimal disturbance to
vegetation. Off-street parking is encouraged throughout the Town wherever practicable.
a) Streets shall interconnect within a development and with adjoining development.
Streets within a new development shall connect to existing streets and rights -of -
way. Street stubs shall be provided to the property line to provide for future
development. Streets shall be planned with due regard to the designated circulation
system as guided by the Comprehensive Plan and any other applicable approved
plans.
b) Streets shall be designed as the main public space of the Town and shall be arranged
so as to encourage pedestrian traffic as well as other alternate forms of
transportation.
c) Newly constructed thoroughfares or local streets shall be bordered by sidewalks or
walking paths on one or both sides as determined by the Comprehensive Pedestrian
Master Plan.
INJ

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
d) Streets shall be designed with street trees planted in a manner appropriate to their
function. When used, street trees shall compliment the face of the buildings and
shade the sidewalk. Street trees should allow the free movement of emergency
vehicles.
e) Wherever possible, streets should be designed to fit the contours of the land and
should minimize removal of significant trees.
f) All streets, shall be constructed in accordance with the design and construction
standards in this code and shall be maintained for public access whether by
easement or by public dedication. Closed, guarded, or gated streets are strictly
prohibited.
g) The use of traffic calming devices such as raised intersections, lateral shifts, and
roundabouts may be encouraged as alternatives to conventional traffic control
measures with approval of the Town Administrator and Public Works Director.
Section 4. Street Classifications.
a) Thoroughfares. Major streets which serve as collectors of traffic from local streets,
carrying it within and out of the Town's jurisdiction.
b) Local Streets. Streets which primarily provide access to abutting property, may
provide direct connection to a thoroughfare and serve more than ten (10) dwelling
units.
c) Lane. Minor streets which are primarily pedestrian -oriented and residential in
nature, but do not serve more than ten (10) dwelling units.
d) "Green" Street. A local street or lane demonstrating a combination of interrelated
Low Impact Development (LID) elements designed to retain and treat stormwater
runoff, which may provide integral traffic -calming features, that promotes the use of
sustainable materials and achieves an overall reduction in environmental impact.
e) Cul-de-sacs. A local street or lane having one end open to traffic and the other end
permanently terminated by a vehicular turnaround. Cul-de-sacs shall be designed to
maintain adequate dimensional access for emergency service equipment as
contained in current North Carolina State Fire Code.
29

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
Section 5. Street Engineering and Design Specifications. Street designs shall permit
the comfortable use of the street by cars, bicyclists, and pedestrians. Pavement widths, design
speeds, and the number of vehicle lanes should be minimized. The specific design of any given
street must consider the building types which front on the street and the relationship of the
street to the Town's street network. New development that adjoins existing publicly
maintained streets or adjoins existing platted roads shall in either case be required to upgrade
those streets to meet the standards of this Section and the Ordinance Regulating the Extension
of Public Utilities and Streets. The services of a professional engineer or consultant engaged by
the Town may be required to provide recommendations regarding the plans for any proposed
street system to be dedicated to the public. Any and all fees associated with additional
technical review services retained by the Town concerning the proposed project are the sole
responsibility of the applicant. The following specifications shall apply to public infrastructure
design:
5.1 Street Materials. Portland cement concrete for curb and gutter, driveways,
and sidewalks shall have a minimum 28 day compressive strength of 4,000 psi, a non -
vibrated slump between 2.5 and 4 inches, minimum cement content of 564 pounds per
cubic yard, an air entrainment of 5-7 %, and a maximum water -cement ratio of 0.532.
Joint filler shall be a non -extruding joint material conforming to ASTM C1751.
Concrete Curing Agents shall be free from any impurities which may be detrimental to
the concrete and meet Section 1026 of the North Carolina Department of
Transportation (NCDOT) Standard Specifications for Roads and Structures.
Aggregate for Portland cement concrete shall meet the requirements for fine and
course aggregate of Section 1014 of the NCDOT Standard Specifications for Roads and
Structures.
Portland cement and admixtures shall meet the requirements of Section 1000 of the
NCDOT Standard Specifications for Roads and Structures.
Water for mixing or curing the concrete shall be free from injurious amounts of oil, salt,
acid, or other products injurious to the finished product.
Aggregate Base Course (ABC) shall consist of an approved coarse aggregate produced in
accordance with the requirements indicated in Section 520 of the NCDOT Standard
Specifications for Roads and Structures.
30

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
Bituminous Base Course, Type 1325.013 mixture shall conform to Table 2 in Section 4.6 of
the latest edition of the Superpave Hot Mix Asphalt/Quality Management System of the
NCDOT Pavement Construction Section.
Bituminous Intermediate Course, Type 1 19.013 mixture shall conform to Table 2 in
Section 4.6 of the latest edition of the Superpave Hot Mix Asphalt/Quality Management
System of the NCDOT Pavement Construction Section.
Bituminous Surface Course SF 9.5A and S 9.513 mixture shall conform to Table 2 in
Section 4.6 of the latest edition of the Superpave Hot Mix Asphalt/Quality Management
System of the NCDOT Pavement Construction Section.
Tack Coat shall conform to Section 9.31 of the latest edition of the Superpave Hot Mix
Asphalt/Quality Management System of the NCDOT Pavement Construction System.
Concrete Pavement shall meet Section 700 of NCDOT Standard Specifications for Roads
and Structures.
Geotextile Fabric may be used to stabilize a roadway, subgrades, slopes, and for other
uses as necessary. At least one week prior to using this fabric, a sample and its
associated engineering data shall be submitted to the Town for approval. Areas
stabilized with fabric shall be indicated on "as -built" drawings with the manufacturer
name and type fabric indicated.
Sidewalk material may vary according to the overall design and character of the
development but must be approved by the Town Administrator and Public Works
Director.
5.2 Street Signs and Traffic Control Sins. All street and traffic control signs
shall be installed by the developer prior to the issuance of any certificates of occupancy.
These signs will be maintained by the Town and shall be consistent with the Manual on
Uniform Traffic Control Devices (MUTCD). All specialty traffic control and street name
signs and posts must comply with appropriate standards for size, reflectivity, location,
etc.
5.3 Sidewalks. Sidewalks or walking paths shall be constructed within the street
right of way and along one side of all thoroughfares and local streets as determined by
the Comprehensive Pedestrian Master Plan.
Sidewalks shall be a minimum of five (5) feet in width. The minimum thickness of a
sidewalk constructed of concrete or asphalt shall be four (4) inches. At locations where
a driveway crosses a sidewalk, a six (6) inch depth is required. A minimum depth of four
(4) inches of ABC is required under all sidewalks. Sidewalks shall have a uniform slope
31

Montreat General Ordinances
Chapter D - Streets and Public Walkways
Article IV: Street Standards
toward the roadway of % inch per foot. The utility strip between the sidewalk and the
back of curb shall not be less than % inch per foot nor greater than % inch per foot
toward the roadway unless approved by the Public Works Director and the engineering
firm hired by the Town to review the street and sidewalk design. Where no curb and
gutter exists on a road that requires sidewalks, the Public Works Director may require
curb and gutter installation in addition to the installation of the sidewalk. Sidewalks
should be constructed with an adequate planting strip where practical.
A sidewalk may be constructed so as to provide a gradual meander and to facilitate the
installation of landscape material, vegetated stormwater management features, or to
avoid existing obstacles such as power poles, fire hydrants, street lights, etc. The design
of the sidewalk shall be such that pedestrian safety is provided and the usability of the
sidewalk is not affected. The Town is receptive to reviewing alternate designs relative
to the provision of pedestrian facilities not outlined herein. Such alternate designs may
include greenways or a combination of sidewalks and greenways. The requirement for a
sidewalk may be waived by the Public Works Director and Town Administrator.
All new sidewalks shall be constructed of either concrete, asphalt or other approved
material. Alternative type materials may be presented to the Public Works Director for
consideration. Pervious materials not meeting ADA requirements shall not be allowed
due to concerns for pedestrian accessibility/usability and maintenance costs.
Pipes, drains, flumes or other concentrated stormwater devices shall not discharge
across a sidewalk, but shall rather be piped or flumed under the sidewalk.
5.4 Bike Paths. All new developments within the existing town limits may be
required to include bike lanes at the direction of Town Council upon recommendation
by the Town Administrator and Public Works Director. Bike paths shall be a minimum of
four (4) feet in width unless otherwise permitted. Bike lanes and bike paths shall be
designed according to the North Carolina Bicycle Facilities Planning and Design
Guidelines, published by NCDOT.
32

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
5.5 Cul-de-sacs. Cul-de-sacs may be permitted only where topographic conditions
and/or exterior lot line configurations offer no practical alternatives for connection or
through traffic. If permitted, a cul-de-sac radius shall be at least forty (40) feet or as
approved by the Public Works Director and Town Administrator. Alternative
termination designs may be submitted for consideration by the Public Works Director
and Town Administrator. All alternative designs shall require evaluation for emergency
vehicle accessibility by the Fire Chief providing fire protection service for the Town.
Q
40-foot radius
Cul-de-sac
with landscaped
turnaround
40-foot radius T-shaped Loop road
Cul-de-sac
without
landscaped
island
Hammerhead
Four alternative turnarounds for residential streets
5.6 Intersections. All new streets shall intersect as nearly as possible at right angles
and no street shall intersect at less than sixty (60) degrees.
(150) feet apart measured from centerline to centerline, except lanes. Where a
centerline offset occurs at an intersection, the distance between centerlines of the
intersecting streets shall not be less than sixty (60) feet.
Curb radii at street intersections shall be rounded with a minimum radius of fifteen (15)
feet. At an angle of intersection of less than 90 degrees, a greater radius may be
required. Curb radii shall be designed to reduce pedestrian crossing times along all
streets. In general, curb radii should not exceed twenty five (25) feet.
Proper sight lines shall be maintained at all intersections of streets to permit adequate
sight distance.
Street trees shall be held twenty (20) feet from intersections to allow turning radius of
emergency vehicles.
33

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
5.7 Utility Location. All newly installed utilities shall be located underground in
either the right-of-way or a public utility easement.
5.8 Curbs and Drainage. Standard curbing is required along all streets with marked
on -street parking and around all required landscaping areas and parking lots. Valley curb
and gutter shall not be allowed where road grades exceed five percent (5%). Twenty-
four (24) inch curb and gutter is required along streets; Eighteen (18) inch curb and
gutter is allowed in parking areas. Drainage shall be provided using closed curb and
gutter systems or open swales depending on approval of the Public Works Director. All
storm drainage systems shall be designed in compliance with the requirements of
"Article III - Stormwater Management" for the Town of Montreat. All streets proposed
for dedication to the Town shall be designed with minimum storm drainage capacity for
runoff from the twenty five (25) year storm event. In areas where bridges or major
culverts are constructed, or in areas subject to flooding, streets shall be designed with
storm drainage capacity for runoff from the fifty (50) year storm event. All drainage
grates must be safe for bicyclists. Bicycle -safe drainage grates are Types E, F, and G
approved by the NCDOT (Standard Detail 840.03 — Frames, Grates and Hood —for use on
Standard Catch Basin).
5.9 Minimum Width of Shoulder or Berm. The minimum width of a shoulder
on a street proposed for dedication to the Town shall be as set forth in "Table 1. Town
Street Standards" contained in this Section.
5.10 Centerline Radius. A minimum radius of ninety (90) feet and a minimum
tangent of fifty (50) feet shall be provided between reverse curves on all streets.
Centerlines may be varied upon approval of the Public Works Director.
5.11 Pedestrian Crosswalks. Where deemed necessary by the Public Works
Director, a pedestrian crosswalk at least ten (10) feet in width may be required to
provide convenient public access to a public area such as a park, greenway, or place of
assembly, or to a water area such as a stream, river, or lake. The pedestrian crosswalks
shall be designated as a crosswalk with pavement marking and signage in accordance
with the MUTCD and must be approved by the Public Works Director prior to
installation. The use of pervious paving materials shall be encouraged for construction
of pedestrian crosswalks, wherever practicable, as a Low Impact Design (LID) measure.
5.12 Posted Speed Limits. The Town wide speed limit shall be a maximum of twenty
(20) miles per hour unless otherwise posted.
34

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
5.13 Specific Requirements. Horizontal Curves - All streets proposed for
dedication to the Town where a total center line deflection angle of more than ten
degrees (102) occurs, shall have a circular curve introduced.
Paving: All streets proposed for dedication to the Town shall either be improved
gravel roads or shall be paved in accordance with the following minimum standards of
the Town Public Works Department hereinafter referred to as the Public Works
Department:
1) Earth Cuts and Fills: All earth fills within street right-of-way shall be
placed with tested and controlled compaction methods. Compaction must be at
least 100% in accordance with the standard (not modified) Proctor Test. Graded
area of cut within the street right of way shall be tested to be sure that they are
also within the 100% compaction requirements for fills. Where found deficient,
the top twelve inches (12") shall be removed and replaced using proper
compaction methods and equipment to achieve the required 100% compaction
requirement. No stone base shall be placed until the Town Street Department
has inspected and approved the subgrade. Independent testing laboratory
samples will be required to show that tests have been made and the results
meet the requirements.
2) Pavement or Stone Base: Crushed stone aggregate base material shall
meet the North Carolina Department of Transportation specifications for
stabilized stone base and shall have a minimum compacted thickness of eight (8)
inches.
35

Figure 1. Paving Specifications
Montreat General Ordinances
Chapter D - Streets and Public Walkways
Article IV: Street Standards
Two Inch (2") SF9.5A Surface
\ Tackcoat
Two Inch (2") 119.013 Intermediate
Course *
Two Inch (2") B 25.013 Base *
Eight Inch (8") Compacted ABC
Compacted subgrade
3) Paving Surface Course: Asphalt paving material shall meet North
Carolina Department of Transportation specifications and shall have a minimum
compacted thickness of two (2") inches. More stringent requirements may be
imposed by the Town Public Works Department for pavement base and surface
course where load bearing characteristics of the soil are unstable or otherwise
deficient.
4) Pervious Pavement, Pervious Concrete and Other Engineered Pervious
Roadway Systems: Designs utilizing alternative paving materials may be
submitted to the Town Public Works Director for consideration and approval.
Corroborative engineering data must be provided illustrating comparable
strength and durability of the proposed material, design specifications for
underlying storage layer (base) course and associated underdrain design
features.
Private Streets: There shall be no private streets platted within the Town of
Montreat corporate limits.
Conformity to Surrounding Development: The proposed street layout within a
subdivision shall be coordinated with the existing street system of the surrounding area.
Pedestrian Ways: Streets shall be designed or public walkways provided to assure
safe and reasonable access to parks, playgrounds, schools, and other places of public
assembly. Pedestrian Crosswalks may be required by the Public Works Director.
36

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
Street Cross -Section: See "Table 1. Town Street Standards" for cross-section
information.
Shoulders: Where concrete curb and gutter are used, the shoulder may be reduced
to two feet (2') on both sides.
Water and Wastewater: Water and wastewater infrastructure shall be installed
according to provisions contained in Chapter E "Utilities" and the Ordinance Regulating
the Construction and Financing of Public Improvements for the Town. The main
sewerage collector lines must meet the Metropolitan Sewerage District regulations.
Septic systems must meet Buncombe County Health Department Regulations.
Fire Hydrants: Fire Hydrants shall conform to the American Water Works
Association Standard for Dry Barrel Fire Hydrants (AWWAC502). Hydrants shall have at
least three (3) outlets; one outlet shall be a pumper outlet and other outlets shall be at
least two and one-half (2 % ") inch nominal size. The street connection shall be not less
than six (6) inches in diameter. Hose threads on outlets preferably should conform to
National Standard dimensions. A valve shall be provided on connections between
hydrants and street mains. Hydrants that operate in a direction opposite to that of the
majority shall be considered unsatisfactory. Flush hydrants are considered undesirable
because of delay of operation, which is more serious because of the possibility of heavy
snow. At no place on the main or artery lines will there be a distance of more than one
thousand (1,000) feet between hydrants.
Table 1. Town Street Standards
Min.
Min. Pavement or
4
Min. Shoulder
Max.
Sight
Design
Type of Street
R/W
Speed
Gravel Width
Width
Grade
Distance
Width
(MPH)
4 No
3 Curb
Cut
Fill
Curb
Thoroughfare
40'
20'
20'
8'
8'
12%
250'
30
Local Street
30'
18'
18'
4'
4'
16%
100,
20
'Cul-de-sacs
30'
16'
13'
2'
3'
16%
60'
S
Unpaved Road
30'
16'
16'
2'
3'
16%
60'
15
Lane
30'
16'
16'
2'
3'
16%
60'
15
"Green" Street
30'
14'
14'
*2'
*3'
*14%
*60'
*15
NOTE: For all road types, the minimum cross slope from crown of the road shall be one quarter
(1/4) inch per foot.
37

Montreat General Ordinances
Chapter D — Streets and Public Walkways
Article IV: Street Standards
1 Cul-de-sacs shall be terminated by a circular right-of-way of not less than a thirty (30) foot
radius and a circular pavement width of not less than fifteen (15) foot radius. Incorporation of
bioretention areas (rain gardens) in the form of vegetated island depressions within cul-de-sacs
shall be encouraged to promote alternative means of treating stormwater flow from the
pavement.
2 "Green" Street designs allow for utilization of Low Impact Development (LID) concepts
demonstrating such features as:
• Interspersed flow -through infiltration planting and bioretention areas;
• Pervious paving materials
• Vegetated/pervious swales
• Varying width, meandering curbless streets; or
• Other alternative designs implementing proven low impact features that are determines
to provide comparable safety, functionality and that are in keeping with the character
and image of the community
The "Green" Street option is provided to encourage development of a more
environmentally sensitive and sustainable transportation infrastructure throughout the
Town. All proposed designs must first be submitted to Town Administration for
consideration and approval.
*A "Green" Street design may modify required parameters such as minimum shoulder
width, maximum grade, sight distance and design speed from listed tabular values if
specifications submitted by the designer are tenable, and subsequent review by the
Town confirms the variance is justifiable.
3 Where concrete curb and gutter is used, the shoulder may be reduced to two (2) feet on both
sides. Curb cuts shall be incorporated at regular intervals, wherever practicable, to direct
stormwater flow to vegetated swales, sheet flow across grassy filter strips, or into other
structural stormwater treatment features designed to provide infiltration and prevent a
concentrated flow of rainwater.
4 Where concrete curb and gutter is not used, pervious shoulder surfacing materials, such as
permeable interlocking concrete pavement (PICP), grass/gravel pavers, or concrete grid paver
(CGP) systems shall be encouraged when site conditions and topography permit sheet flow of
rainwater off the roadway and low impact design is the intended goal, pervious shoulder
surfacing materials may be required. A reduction of up to three (3) feet in pavement width is
permitted with the application of these pervious systems installed within shoulders at
pavement grade level.

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER E - UTILITIES
ARTICLE I: WATER & WASTEWATER
(Revised 311212009) (Revised 11111121)
Section 1. Board to Regulate Water. The water system of the Town shall be under the
control of the Board or its authorized agent, which shall have the duty of prescribing and
enforcing full compliance with all the rules and regulations governing all connections with the
water system.
Section 2. Metropolitan Sewerage District (MSD) to Regulate Sewer. The Town's sewer
system operates under the jurisdiction of the Metropolitan Sewerage District of Buncombe
County, North Carolina (MSD), on behalf of the Town.
Section 3. Permit for Connection Required. No Person or Entity shall connect with the
water system of the Town until he/she/it has made written application for permission to the
Town Administrator for such connection, paid the appropriate application and tap fee and
received approval for such connection. This application shall be made before any part of the
wastewater system of a building or other connection shall be laid or constructed and the
application shall be accompanied by a plan or drawing which states the name of the Street
where the building is located and the name of the Person or Entity and shows the location of
the building and entire proposed connection to a wastewater system through the building to its
terminus and the location of all of the fixtures, traps, ventilating pipes, etc.
Section 4. Separate Connections Required. Each building shall have separate water and
wastewater connections.
Section 5. Water and Wastewater Systems Required. All owners of property within the
Town limits shall, at the time of development permitting, make provision for connecting with
the public water system for water intake purposes, except where a private potable water well is
permitted per NCGS 87-97.2 as amended from time to time. All owners of property within the
Town limits or ETJ shall, at the time of development permitting, make provision for wastewater
systems as required by MSD and/or the Buncombe County Health Department as the case may
be.

Montreat General Ordinances
Chapter E - Utilities
Article I: Water & Wastewater
Section 6. Privies and Septic Systems Regulated.
a) No privy of any kind shall be permitted in the Town.
b) All wastewater septic systems shall comply with and be operated pursuant to all
regulations, requirements and orders of the Buncombe County Health Department.
Section 7. Use of Town Water.
a) No Person or Entity shall supply or sell water to other Persons or entities, nor
shall any Person or Entity take or carry away water from any hydrant, watering
trough, or public fountain.
b) The fire hydrants are for the use of the Fire Department for fighting fires and are
not to be used by an unauthorized Person for any purpose, without written
permission from the Board.
Section 8. Water and Sewer Rates.
a) Water rates and water connection charges shall be determined from time to
time by the Board and shall be kept on file in the office of the Town
Administrator.
b) Sewer rates and connection charges shall be determined by the MSD.
Section 9. Tampering with or Obstructing Water and Sewer Lines Prohibited. No Person
shall touch, tamper, or in any manner manipulate or turn the cut-offs on the water mains
forming a part of the water system of the Town, nor shall any Person tamper with or harm in
any manner whatsoever any water or sewer line, main or any appurtenance thereto. No
Person shall throw or deposit any material or substance in any water or sewer line that will in
any manner obstruct such line.
39

Montreat General Ordinances
Chapter E - Utilities
Article I: Water & Wastewater
Section 10. Private Water Supply Regulated.
a) It shall be unlawful for any Person or Entity to furnish, supply, or provide for gain
or profit, any water from a private well or pump in or to any dwelling house,
boarding house, inn, hotel, cafe or other commercial establishment, or any room
or rooms of the same, when said dwelling house or any room or rooms therein
are rented, or offered for rent to the public, or when said boarding house, inn,
hotel, cafe, or other commercial establishment is open to, or used by, the public,
unless and until an analysis of the water from such private well or pump shall
have first been submitted to and approved by the Building Inspector.
b) The water analysis referred to in Sub -Section (1) hereof shall be made by or
under the direction of the Buncombe County Health Department or the
Department of Public Health of the State of North Carolina.
c) If said water analysis bears the approval of either of the authorities referred to in
Sub -Section (2) hereof, the Building Inspector shall approve the same. If,
however, the analysis shows that the water is contaminated and unfit for human
consumption, the Building Inspector shall not approve said analysis.
Section 11. Director of Public Works. The Director, or his/her assistant, shall at all
reasonable hours have free access to all buildings or structures in the Town for the purpose of
examining hydrants, fixtures or connections on which Town water pressure is maintained.
Section 12. Work on Water System. All work on the water system and all connections
or disconnections thereto shall be performed by authorized Employees of the Town, or by
plumbers approved by the Town. All work shall be performed in accordance with the Plumbing
Code of the State of North Carolina and such amendments thereto that the Board may from
time to time adopt.
.M

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER E - UTILITIES
ARTICLE II: WATER CONSERVATION ORDINANCE
Water Shortage Response Plan (WSRP)
Town of Montreat (PWSID: 01-11-484)
(Revised 410812010)
Section I. Introduction. This plan provides guidelines for the Town of Montreat to manage
water supply and demand in the event of a supply problem or water shortage. Such problems
could include imminent supply disruptions resulting from a major pipeline failure as well as
forecasted water supply shortages due to droughts. The plan enables Montreat to maintain
essential public health and safety and minimize adverse impacts on economic activity,
environmental resources and the area's lifestyle. "Water shortage" as is discussed in this
document means that Montreat will not have the normal amount of water to provide to its
customers. It is extremely improbable that Montreat would ever run out of water. The stages
noted in the plan will be implemented depending on the magnitude of the water shortage. All
water systems purchasing water from the Town of Montreat water system will, at a minimum,
adopt and enforce water use reduction measures contained in this plan or a similar plan as a
condition of water sales.
Section II. Authorization. The Mayor of Montreat is authorized to enact the water shortage
response provisions when the thresholds established in Section VII or Section VIII of this plan
are met. In the Mayor's absence, the Town Administrator will assume this responsibility.
Section III. Notification. The following notification methods will be used to inform water
system employees and customers of a water shortage declaration: employee e-mail
announcements, notices at municipal buildings, notices in water bills and on the Town of
Montreat website at www.townofmontreat.org. Required water shortage response measures
will be communicated through a press release that will be forwarded to the following media
outlets: Black Mountain News [phone], Asheville Citizen -Times [phone], WLOS
News 13 [phone], 570 WWNC [phone], BCTV (Buncombe County Government
Access Channel) [phone], Montreat Conference Center [phone] and Montreat
College [phone]. The Montreat Public Works Director will notify the Asheville Regional
Office of the North Carolina Department of Environment and Natural Resources, Division of
Water Resources [phone].
Section IV. Relationship of Plan to Other Municipalities. The Town of Montreat will
assist and support emergency restriction measures required to manage water demand during
an emergency or water shortage. This plan has been developed in consultation with the Town
of Black Mountain and the City of Asheville based on the premise that an effective demand
management strategy must be regionally consistent. This is based on several considerations:
41

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
1) Public support and cooperation is likely to be higher if actions are equitable, i.e., all water
users are experiencing the same service level and degree of hardship; 2) A unified message and
approach is easier to understand and distribute through the media, which is key in
communicating information to the public; and 3) Consistency makes it easier to forecast
demand reductions, which is essential to effectively manage the system during a water
shortage. The Town of Montreat water system will, at a minimum, adopt, implement and
enforce water use reduction measures contained in this plan and the plan and all subsequent
revisions adopted by the Town of Black Mountain as a condition of water purchased from the
Town of Black Mountain.
Section V. Year -Round Water Conservation Policy in Montreat. The Town of Montreat
Board of Commissioners encourages all municipally supplied water users to use water
efficiently at all times. Montreat's Public Works Director will monitor water demand and the
available supply of water. The findings will be reported to the Town Administrator. In the
event of a declaration of water shortage by the Mayor, the Public Works Director will submit a
weekly report on water supply conditions to the Town Administrator.
Public education and outreach will consist of any or all of the following activities:
• Independent Mailings to Major Users
• Website
• Press Releases or Public Service Announcements
• Flyers/Handouts/Newsletters
• Bill Announcements to all Customers
• Signs and Posters
• Presentations
• Water Audits
Section VI. Montreat Water Use Classification. To aid implementation of this plan the
following classes of water use have been established:
Class I: Essential Potable Water Uses for Montreat
• Domestic - Water to sustain human and domestic pet life; minimum standards of
hygiene and sanitation.
• Patient Care - Patient care and rehabilitation, including swimming pools used for
patient care and rehabilitation.
• Public Use - Firefighting and approved flushing of sewers and hydrants to ensure public
health and safety.
42

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
Class II: Socially/Economically Important Potable Water Uses for Montreat
• Domestic - Minimal use for kitchen, bathroom and laundry. Minimal watering of
vegetable gardens and trees to preserve them.
• Public Use - Filling and operation of public swimming pools.
• Commercial - Commercial Laundromats; restaurants and hotels, minimum amount
required to maintain essential cooling operations.
• Agricultural - Minimum amount required to maintain crops, livestock and associated
activities.
• Institutional - Efficient use by schools, churches and government facilities.
Class III: Non -Essential Potable Water Uses for Montreat
• All - Ornamental uses (i.e. fountains, reflecting pools, artificial waterfalls); Residential
lawn irrigation; Non-commercial washing of motor vehicles; Washdown of impervious
surfaces; Filling and operation of recreational swimming pools.
• Public Use - Gardens, lawns, parks, playing fields and recreational areas.
• Commercial - Serving water in restaurants except by request.
Section VII. Drought Response Triggers and Phased Water Use Reductions. When one of
the following water supply thresholds (triggers) are reached, the Mayor shall initiate the
following Phase reduction measures as outlined under the corresponding Response heading.
For the purpose of this ordinance, Montreat's winter pumping times include the dates from
October 1st through May 31st and summer pumping times include the dates from June 1st
through September 30tn
Phase I: Voluntary Water Use Reduction for Montreat
Triggers
• Twenty percent (20%) increase in normal seasonal pumping times (measured
annually) to maintain storage and meet demand.
• Pumping times required to maintain storage and meet daily demand exceed ten (10)
hours per day in winter and sixteen (16) hours per day in summer.
• Average daily use greater than 250,000 gallons per day for seven (7) consecutive
days.
• Static Water Level (Additional data is needed before an appropriate trigger is
established.)
• Pumping Water Level (Additional data is needed before an appropriate trigger is
established.)
43

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
• Rain Levels (Additional data is needed before an appropriate trigger is established.)
• When voluntary water use reductions have been requested by the Town of Black
Mountain.
Response
• The Mayor shall declare a Water Shortage Advisory.
• Begin public notification as previously outlined and distribute water conservation
tips.
• Request Voluntary Conservation for all users of the Montreat water system as
outlined in distributed information.
• Request Class III non -essential uses to be reevaluated.
• Request individual users reduce water consumption by ten percent (10%).
• Large water users (greater than annual average of 50,000 gallons) are required to
prepare a fifteen percent (15%) Water Use Reduction Plan to be submitted within
thirty (30) days of a water shortage advisory declaration.
Phase II: Mandatory Water Use Reduction Measures for Montreat
Triggers
• Forty percent (40%) increase in normal seasonal pumping times (measured annually)
to maintain storage and meet demand.
• Pumping times required to maintain storage and meet daily demand exceed twelve
(12) hours per day in the winter and eighteen (18) hours per day in the summer.
• Average daily use greater than 275,000 gallons per day for seven (7) consecutive
days.
• Static Water Level (Additional data is needed before an appropriate trigger is
established.)
• Pumping Water Level (Additional data is needed before an appropriate trigger is
established.)
• Rain Levels (Additional data is needed before an appropriate trigger is established.)
• When mandatory water use reduction measures have been requested by the Town
of Black Mountain.
Response
• The Mayor shall declare a Water Shortage Alert.
• All voluntary measures become mandatory measures.

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
• Enforce a system -wide twenty-five percent (25%) water use reduction goal.
• Notify water use customers by any or all methods as previously outlined.
• Non-commercial car washing and residential outdoor watering is limited to two days
per week between 6 p.m. and 8 a.m.
• Ban all non-commercial pressure washing and washdown of impervious surfaces.
• Ban the filling of newly constructed or recently drained pools.
• Public recreational areas are limited to watering on Monday between the hours of 6
p.m. and 8 a.m.
• Institutional automatic toilet flushing systems will operate only during business
hours.
• All non-public hydrant use by permit only.
• Ban ornamental uses (i.e. fountains, reflecting pools, artificial waterfalls).
• May authorize additional water use restrictions or bans to be enforced ten days
after public notification.
Phase III: Emergency Water Use Reduction Measures for Montreat
Triggers
• Sixty percent (60%) increase in normal seasonal pumping times (measured annually)
to maintain storage and meet demand.
• Pumping times required to maintain storage and meet daily demand exceed
fourteen (14) hours per day in winter and twenty (20) hours per day in summer.
• Average daily use greater than 300,000 gallons per day for seven (7) consecutive
days.
• Static Water Level (Additional data is needed before an appropriate trigger is
established.)
• Pumping Water Level (Additional data is needed before an appropriate trigger is
established.)
• Rain Levels (Additional data is needed before an appropriate trigger is established.)
• When emergency water use reduction measures have been requested by the Town
of Black Mountain.
Response
• The Mayor shall declare a Water Shortage Emergency.
• Enforce a system wide fifty percent (50%) water use reduction goal.
45

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
• In addition to the above measures the following measures will also be imposed:
• Notify water use customers by any or all methods as previously outlined.
• Ban Class III non -essential uses.
• Request additional conservation from Class 1 (essential) users as may be possible.
• Enact advanced restriction pricing with fines for overuse.
• Limit garden irrigation to two days per week between 6 p.m. and 8 a.m.
• Ban all landscape irrigation (including greens, public areas, school grounds,
residential lawns).
• Ban all recreational water use including but not limited to wading pools and outdoor
water toys.
• May authorize additional water use restrictions or bans to be enforced ten days
after public notification.
Phase IV: Rationing Measures for Montreat
Whenever the Mayor has declared a Water Shortage Emergency and finds a need to provide for
the equitable distribution of critically -limited treated water or water supplies to ensure that
sufficient treated water is available to preserve public health and safety of the citizens, the
Mayor shall enforce a water rationing policy. Such rationing policy may be developed at the
time of the declaration of the Water Shortage Emergency and should be reflective of the
following criteria:
a) It is imperative that water customers achieve an immediate further reduction in
water use in order to extend existing water supplies and, at the same time, assure
that sufficient water is available to preserve the public health and sanitation and to
provide fire protection service.
b) The policy must provide for equitable reductions in water usage and for equal
sacrifice on the part of each water customer. The success of this policy depends on
the cooperation of all water customers in the emergency area.
c) The policy must ensure that fire protection is maintained. Where possible, tank
trucks shall use non -potable water.
d) The policy shall make it unlawful to fail to act in accordance with the restrictions on
treated water use or to attempt to evade or avoid such water rationing restrictions.
10

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
e) The policy may include additional measures of mandatory conservation controls
such as a percentage reduction in consumption, termination of service to specific
areas in the water system on a rotating basis, prohibition of all institutional uses of
potable water, etc., or whatever is necessary to protect the health and safety of the
customers of the water system.
In addition to other measures authorized by this ordinance, the minimum water rationing policy
will provide as follows:
1. Water Use Rationing for Residential Users - The number of permanent residents in each
dwelling unit (household) will determine the amount of water that each household will
be allowed. Each dwelling unit (household) shall be allotted sixty five (65) gallons per
day for each resident of the household. If it is found that the residential water
allotment provided under this section would create an extraordinary hardship for
individual customers, as in the case of special health -related requirements, a revised
allotment for the particular customer may be established by the Town Administrator
and Public Works Director.
2. Water Use Rationing for Non -Residential Water Users - Non-residential customers
include commercial, industrial, institutional, public and all other such users. Non-
residential water customers shall further reduce their water usage to the lower of (i)
sixty-five (65) gallons per person per day or (ii) to fifty percent (50%) of use levels during
the last metered recording. It is the primary responsibility of each non-residential water
customer to meet the mandate water use reduction goal in whatever manner possible,
including limitation of operating hours or days if necessary. The Town of Montreat will
work with each non-residential customer to establish a water allotment for each service.
If the mandated further reduction in water usage cannot be obtained without imposing
extraordinary hardship which threatens health and safety, the non-residential customer
may apply to the Town of Montreat for a variance. For these purposes, "extraordinary
hardship" means a permanent damage to property or an economic loss which is
substantially more severe than the sacrifices borne by other water users subject to this
water rationing policy. If the further reduction would cause an extraordinary hardship
or threaten health or safety, a variance may be granted by the Board of Commissioners,
and a revised water use reduction requirement for the particular customer may be
established.
The Town of Montreat may implement more restrictive water rationing policies if the
mandated water reduction has failed to sufficiently extend limited water supplies.
Water Use Rationing Enforcement - The Town of Montreat Public Works Department with the
assistance of the Montreat Police Department will have primary responsibility for monitoring
compliance with the water rationing policy. Any residential or non-residential water customer
47

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
who exceeds the allotments established pursuant to this water rationing will be subject to an
excess -use administrative penalty of $100.00 for each violation. Each day a water customer
exceeds its allotment shall be a separate violation. In addition to the excess -use administrative
penalty, non-compliance with the water rationing provisions of this ordinance will result in the
maximum penalties provided for by this ordinance or the North Carolina General Statutes.
Meter reading schedules are authorized to be altered to assure adequate monitoring of
compliance with this ordinance. Any customer or other person aggrieved by a decision or
action imposing an excess -use civil penalty or other remedy for non-compliance with the
requirements of this ordinance may file a letter of appeal to the Board of Commissioners within
ten (10) days of action to rebut the finding of a violation, or provide evidence of circumstances
beyond the customer's control that resulted in the violation. A record of evidence regarding
disputed violation shall be kept and a written notice of the Board's final decision and action in
such cases shall be provided to the customer or aggrieved party within thirty (30) days of the
Town receiving the letter of appeal.
Implementation of Temporary Service Interruptions - In order to effectuate compliance with
this ordinance, the Mayor, or an agent designated by the Mayor is hereby authorized to plan
and implement temporary service interruption to all or part of its water supply system, as may
be deemed appropriate, when any/or all of the following conditions are determined to exist: 1)
the mandated reduction in system -wide water usage has not been achieved; and/or 2) the
mandated reduction in system -wide water usage has been achieved, but has failed to have a
significant impact in extending limited water supplies; and/or 3) temporary service
interruptions are necessary in order to further extend limited and/or dwindling water supplies.
In the event it is determined that temporary service interruptions are necessary, the Town of
Montreat shall notify its customers through the public media listed in Section One of this
ordinance at least one day prior to the temporary service interruptions that a planned,
temporary service interruption is to be imposed. Such notice shall: 1) state the day or days
when the planned, temporary service interruption will occur; 2) state the time(s) when such
planned, temporary service interruptions will commence and the time(s) such interruption will
cease; 3) state whether the planned, temporary service interruptions are to be imposed on the
entire system or part thereof, and, if only part(s) of the system will experience planned,
temporary service interruption , state the part(s) of the system where the planned, temporary
service interruption will occur; and 4) advise all customers within the areas affected by planned,
temporary service interruptions how to treat any water received from the system, for human
consumption, during the period(s) of such interruptions and for such additional time as may be
necessary until full pressure is restored to the system.

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
Summary Responses to Water Use Classes at Different Phases
Voluntary Phase
Mandatory Phase
Emergency Phase
Class 1: Essential
Voluntary Conservation
Voluntary Conservation
Additional Conservation
Class 2: Socially or
Voluntary Conservation
Voluntary Conservation
Mandatory Restrictions
Economically Important
Mandatory Restrictions
Class 3: Non -Essential
Voluntary Conservation
Mandatory Restrictions
Mandatory Restrictions
Section VIII. Civil Emergency Response Triggers and Emergency Rationing Plan. The Town of
Montreat maintains a mutual assistance agreement with other municipalities through the
North Carolina League of Municipalities to share equipment, personnel and supplies in times of
an emergency.
As part of the General Emergency Response Plan, the Water Department's primary objectives in
an emergency is to 1) maintain water service for domestic and firefighting purposes; 2) protect
the water supply from possible contamination; 3) control the loss of water, and; 4) keep the
public informed. This Section of the Ordinance along with the General Emergency Response
Plan describes general actions to be taken to 1) assess situation status and extent of damage to
the water system, 2) prevent contamination and loss of water, and 3) restore water service in
response to the following types of civil emergencies: earthquake, flood, fire, contamination of
water supply, civil disorder, power outage, mechanical failure, damage to distribution water
tanks or booster pumping station, and telecommunications failure.
The civil emergency water rationing plan is intended to preserve treated water supplies in the
event a catastrophe results in impairment of the water system. The civil emergency rationing
plan has two states, which are defined as follows:
a. Serious Shortage: This condition exists when the system is unable to meet
normal demand, but can supply enough water for basic public health and
safety needs. In this situation, not taking swift action to ration water could
jeopardize available water in storage, or could leave the Town vulnerable in
the event of further outages.
b. Critical Shortage: This condition exists when production facilities are
rendered incapable of meeting fifty percent (50%) or less of normal daily
production levels and the current rate of consumption poses an immediate
threat of draining the storage tanks.
. •

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
The restrictions that would be instituted in a serious or critical shortage are summarized below:
Serious Shortage
Prohibited Uses:
Permitted Uses:
1. Watering lawns, gardens or landscaping
1. Normal domestic uses: drinking, cooking (paper
plates and plastic utensils requested)
2. Washing cars, boats, building exteriors
2. Toilet flushing, only when necessary
3. Washing sidewalks, driveways, or any exterior
surfaces
3. Limit showers to three minutes
4. No outdoor use for any reason
4. Bathing only if absolutely necessary (no more
than half full)
5. Car washes closed
5. Minimize clothes and dish washing
6. Filling of swimming pools, hot tubs, decorative
pools, or fountains (must be turned off)
Critical Shortage
Prohibited Uses:
Permitted Uses:
1. Outdoor water use for any reason
1. Water limited to health and safety only: drinking
and cooking (paper plates and plastic utensils
required)
2. Clothes washing and commercial laundering,
2. Toilet flushing for solid waste only
except for health reasons
3. Janitorial cleaning
3. Shower/bathing should be limited to every other
day
4. Businesses and institutions that use water in their
4. Use water only when absolutely necessary
operations may be forced to close or restrict
operations (i.e. restaurants, coffee shops,
laundromats, public and private schools, gyms)
5. No water for construction
6. No water for crop irrigation
50

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
Section IX. Montreat Enforcement Penalties.
Offense
Phase I: Voluntary
Phase II: Mandatory
Phase III: Emergency
First
Notice of Violation
Notice of Violation
$100.00 fine
and $50.00 Fine
Second
Notice of Violation
$100.00 Fine
$350.00 Fine
Water Service
Third
Notice of Violation
$250.00 Fine
Disconnection and
Associated Reconnect Fees
Water Service
Water Service
More than Three
Notice of Violation
Disconnection and
Disconnection and
Offenses
Associated Reconnect Fees
Associated Reconnect Fees
The Town of Montreat Police Department, with assistance from the Public Works Department,
will have responsibility for monitoring compliance and enforcing the requirements of this plan.
Water service disconnection and reconnect fees shall be set by the Board of Commissioners
annually. In the event of continued gross non-compliance of this ordinance, the meter shall be
removed, service shall be discontinued and all tap fees and deposits forfeited. Reconnection
shall only be made by payment of current due amounts and payment of new tap fees and
deposits.
Section X. Montreat Residential and Non -Residential Conservation Rates. Conservation
pricing is an important tool for water conservation. Conservation pricing is a rate structure that
encourages consumers to reduce water use by charging more for increased water use.
Increased water rates have proven to be a strong incentive for water users to reduce excessive
outdoor water use. Conservation pricing is a critical conservation measure that will help to
ensure enough water is available for all our citizens.
Water System Operating Status
Conservation Rates
Normal Conditions or Phase I Advisory
Normal Rate
Declaration of Phase II Alert
2 x Normal Rate
Declaration of Phase III Emergency
4 x Normal Rate
Section XI. Public Comment. Customers will have multiple opportunities to comment
on the provisions of the Water Shortage Response Plan. First, a draft plan will be published on
the Town of Montreat website. A public hearing will be scheduled with notice printed on all
customer water bills to collect comments on the draft. All subsequent revisions to the draft
plan will be published at least 30 days prior to an adoption vote by the Montreat Board of
Commissioners.
51

Montreat General Ordinances
Chapter E - Utilities
Article II: Water Conservation Ordinance
Section XII. Variance Protocols. Applications for water use variance requests are available
from the Town of Montreat website and Town Services Building. All applications must be
submitted to the Public Works Department at the Town Services Building for review. A decision
to approve or deny individual variance requests will be determined within three business days
of submittal after careful consideration of the following criteria: impact on water demand,
expected duration, alternative source options, social and economic importance, purpose (i.e.
necessary use of drinking water) and the prevention of structural damage.
Section XIII. Effectiveness. The effectiveness of the Water Shortage Response Plan will be
determined by comparing the stated water conservation goals with observed water use
reduction data. Other factors to be considered include frequency of plan activation, any
problem periods without activation, total number of violation citations, desired reductions
attained and evaluation of demand reductions compared to the previous year's seasonal data.
In the event of a declaration of water shortage, water use reduction data and a water supply
condition report will be compiled by the Public Works Director and submitted weekly to the
Mayor and Town Administrator.
Section XIV. Revisions. The Water Shortage Response Plan will be reviewed and revised
as needed to adapt to new circumstances affecting water supply and demand, following
implementation of emergency restrictions, and at a minimum of every five years, as required by
the provisions of G.S. 143-355 (1). Further, a water shortage response planning work group will
review procedures following each emergency or rationing stage to recommend any necessary
plan improvements to the Board of Commissioners. The Town of Montreat's Public Works
Director is responsible for initiating all subsequent revisions.
Section XV. Taking Water from Streams. Any person or entity who wishes to draw water
from any river, stream, lake or similar body of water shall only be permitted to do this during
the months of June through September, for a maximum duration of four hours per day, three
days per week and only after receiving authorization from the Town Administrator.
Section XVI. Return to Normal Operations in Montreat. Phase conservation measures and
restriction will expire incrementally when the Mayor, after consultation with the Town
Administrator and Public Works Director, finds that the water supply has returned to normal.
52

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER F - TRAFFIC
ARTICLE I: REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS AND POLICE OFFICERS
Section 1. Required Obedience to Traffic Ordinance. It is a misdemeanor for any Person to
do any act forbidden, or fail to perform any act required, in this Chapter. This Chapter shall be
known as the Traffic Ordinance.
Section 2. Obedience to Police. No Person shall willfully fail or refuse to comply with any
lawful order or direction by a Police Officer.
Section 3. Authority of Police in Special Cases. In the event of a fire or other emergency, or
when necessary to expedite Traffic or safeguard Pedestrians, Police Officers may direct Traffic
as conditions may require, notwithstanding the provisions of this Chapter.
Section 4. Public Employees to Obey Traffic Regulations. The provisions of this Ordinance
shall apply to the Driver of any Vehicle owned by, or used in the service of, the United States
Government, this State, County or Town and it shall be unlawful for any said Driver to violate
any of the provisions of this Ordinance, except as otherwise permitted in this Ordinance, or by
State Statute.
Section 5. Exemptions to Authorized Emergency Vehicles. The provisions of this Ordinance
regulating the operation, Parking and Standing of Vehicles shall apply to authorized emergency
vehicles, except as follows:
1) A Driver when operating such Vehicle in any emergency, except when otherwise
directed by a Police Officer, may:
a) Park or stand, notwithstanding the provisions of this Ordinance;
b) Proceed past a red or stop signal, or stop sign, but only after slowing
down as may be necessary for safe operation;
c) Exceed the posted speed limits so long as he/she does not endanger life
or property;
d) Disregard regulations governing direction of movement or turning in
specified directions, so long as he/she does not endanger life or property;
2) The foregoing exemptions shall not, however, protect the Driver of any such
Vehicle from the consequences of his/her reckless disregard of the safety of
others.
53

Montreat General Ordinances
Chapter F - Traffic
Article I: Required Obedience to Traffic
Regulations and Police Officers
Section 6. Persons Riding Bicycles, Motorcycles or Animals Obey Traffic Regulations. Every
Person propelling any push cart or riding a bicycle or an animal upon a Roadway and every
Person driving any animal -drawn Vehicle, shall be subject to the provisions of this Ordinance
applicable to the Driver of any Vehicle, except those provisions of this Chapter which, by their
very nature, can have no application.
54

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER F - TRAFFIC
ARTICLE II: OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES
Section 1. Obedience to Official Traffic Control Devices. The Driver of any Vehicle
shall obey the directions of any Official Traffic Control Device applicable thereto and placed in
accordance with the Traffic Ordinance, unless otherwise directed by a Police Officer, subject to
the exemptions granted the Driver of an authorized emergency vehicle, in Article I, Section 5, of
this Chapter.
No provision of this Chapter for which signs are required, shall be enforced against an alleged
violator if, at the time and place of the alleged violation, an official sign is not in proper position
and sufficiently legible to an ordinarily observant Person. Whenever a particular Section does
not state that signs are required, such Section shall be effective without signs being placed to
give notice thereof.
Section 2. Obedience to No Turn Signs and Turning Markers. Whenever authorized signs
are placed, erected, or installed to indicate that no right or left or "U" turn is permitted, no
Driver of a Vehicle shall disobey the directions of any such sign, and when authorized markers,
buttons, or other indications are placed within an Intersection indicating the course to be
traveled by Vehicles traversing the Intersection, no Driver of a Vehicle shall disobey the
directions of such indications.
Section 3. Obedience to No Parking Zone and Safety Zone Markers. Whenever authorized
signs or markings are placed, erected or installed indicating no -parking zones or Safety Zones,
no Driver of a Vehicle shall disobey the regulations in connection therewith.
55

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER F -- TRAFFIC
ARTICLE III: STOPPING, STANDING, AND PARKING
(Revised 211212004)
(Revised 811412008)
Section 1. Vehicles Not To Stop In Streets, Exceptions. No Vehicle shall stop in any Street
except for the purpose of parking as prescribed in this Chapter, unless such stop is made
necessary by the approach of fire apparatus, by the approach of a funeral or other procession
which is given the right-of-way by the stopping of public conveyance, by the giving of traffic
signals, by the passing of some other Vehicle or Pedestrian, or by some emergency; and in any
case covered by these exceptions said Vehicles shall stop so as not to obstruct a Public
Walkway, Pedestrian aisle, Safety Zone, Crossing or Street Intersection if such can be avoided.
Section 2. Vehicles Not To Obstruct Passing Of Emergency Apparatus And Other Vehicles.
No Vehicles shall so stand on any Street as to interrupt, or interfere with, the passage of public
conveyances and emergency apparatus. For the purpose of this Section, interrupt or interfere
is defined as parking or placing a Vehicle or other obstruction in such a manner that a twelve
foot wide section of road surface is not maintained for emergency traffic. Vehicles violating this
Section are subject to towing at the owner's expense.
Section 3. Parking Prohibited At All Times In Designated Areas. No Person shall Park
a Vehicle upon any portion of a Street where signs are placed, erected, or installed, giving
notice that the area is a tow -away zone or no parking zone, or where the curbing or edge of
pavement has been painted yellow or white and/or marked NO PARKING by the Town in lieu of
placing signs.
Section 4. Parking Parallel To Edge of Roadway, Unless Otherwise Directed By This Chapter
Or By Parking Lines. Where not prohibited by signs or markings, Vehicle shall Park parallel to
the edge of Roadway leaving no less than twelve feet of Roadway unobstructed for normal
passage of other Vehicles.
Section 5. Parking Within Lines Where Provided. On any Street or shoulder of any
Street, which is marked off with lines indicating the parking spaces for Vehicles, all Vehicles
shall be parked between said lines. In instances where other means are used to denote parking
spaces, all Vehicles shall be parked within those spaces as well.
56

Montreat General Ordinances
Chapter F - Traffic
Article III: Stopping, Standing and Parking
Section 6. Unlawful Parking. No Person shall Stand or Park a Vehicle upon any Street for
the principal purpose of:
1) Displaying a Vehicle for sale;
2) Washing, greasing, or repairing such Vehicle, except repairs necessitated by
emergency;
3) Storage of a Vehicle by a garage, dealer or other Person when such Storage is not
incident to the bona -fide use and operation of such Vehicle; or
4) Storage of any detached trailer, or van, when the towing unit has been
disconnected, or for the purpose of transferring merchandise or freight from one
Vehicle to another. In this case, storage shall mean parking for three
consecutive days. The Police Chief has the authority to grant an exception to the
number of days allowed.
Section 7. Standing Or Parking Vehicles For Primary Purpose Of Advertising Prohibited. No
Person shall Stand or Park on any Street any Vehicle for the primary purpose of advertising.
Section 8. Stopping, Standing, Or Parking Prohibited In Specified Places. No Person shall
stop, Stand, or Park a Vehicle except when necessary to avoid conflict with other Traffic, or in
compliance with the directions of a Police Officer or traffic control device in any of the following
places:
1) On the Sidewalk or Public Walkway;
2) On a Crosswalk;
3) Within thirty feet of any flashing beacon, stop sign, or traffic control signal
located at the side of a Street or Roadway;
4) Alongside or opposite any Street excavation or obstruction, when such Stopping,
Standing, or Parking would obstruct Traffic;
5) Upon any bridge or other elevated structure or within any underpass structure;
6) On the Roadway side of any Vehicle stopped, Standing, or parked at the edge or
curb of a Street.
Section 9. Moving Of Vehicles Of Other Operators Into Restricted Areas Prohibited. No
Person shall move a Vehicle not owned by such Person into any prohibited area or a sufficient
distance from curb to make such parking unlawful under this Chapter.
Section 10. Tow Away Zones. No Person shall Park a Vehicle at any time upon any
portion of a Street where signs are placed, erected, or installed, giving notice that an area is a
57

Montreat General Ordinances
Chapter F - Traffic
Article III: Stopping, Standing and Parking
tow away zone. The Police Department is hereby authorized to ticket, immobilize, or tow any
Vehicle parked in violation of this Section and to remove any other form of obstruction from
the public Streets. The procedure for determining whether a Vehicle is to be ticketed,
immobilized or towed can be found in the Policy and Procedure Manual of the Police
Department. The Police Department shall use reasonable diligence to notify the owner of the
removal and storage of a Vehicle.
Section 11. Impoundment Of Vehicles. Whenever a Police Officer finds a Motor Vehicle or
other Vehicle that falls into one or more of the following categories, the Officer may have the
Vehicle removed by a properly licensed wrecker to the storage lot or garage operated by such
wrecker:
1) Vehicle Abandoned, Junked or wrecked on the Streets of the Town or on Town
property;
2) Vehicle involved in a hit-and-run accident;
3) Vehicle subject of a theft;
4) Vehicle used in the commission of a felony;
5) Vehicle operated by a Driver who does not have a driver's license or who was
under the influence of any impairing substance;
6) Vehicle parked in violation of a state statute or a Town Ordinance, except an
ordinance against overtime parking.
When any Vehicle is so removed and impounded, the Police Officer towing and impounding the
Vehicle shall notify the owner of the Vehicle as stated in the Policy and Procedure Manual for
towing of Vehicles. If the owner of the Vehicle or a responsible representative cannot be
notified or determined, the Police Department will advertise the impounding of the Vehicle.
The owner may redeem and recover the Vehicle by exhibiting proof of ownership to the Police
Department and by paying all expenses incident to the impounding of the Vehicle. Nothing in
this Section shall be construed to abridge the power and authority of the Police Department to
remove any obstruction from the Streets or other Public Places of the Town or to excuse or
exempt any Person from any fine or penalty provided for the violation of any Traffic law or
ordinance.
Section 12. Immobilization Of Vehicles.
1) Installation Of Boot. Whenever a Police Officer finds a Vehicle that falls into
one or more of the following categories, the Officer may have the Vehicle
immobilized using an immobilization device called an auto -boot:
a) When a Vehicle is parked on any Street that is designated a No Parking-
MIJ

Montreat General Ordinances
Chapter F - Traffic
Article III: Stopping, Standing and Parking
Tow Away Zone pursuant to this Chapter and the Vehicle is not blocking
the safe flow of Traffic. If the Vehicle is blocking the safe flow of Traffic,
the Vehicle is to be towed, not immobilized;
b) When a Vehicle is parked in violation of any parking ordinance and has
one or more delinquent previous parking citations;
c) When a Vehicle is parked in violation of a parking ordinance and the
owner is considered a habitual violator of the parking ordinances. For
the purpose of this Section a habitual violator is one who has been
charged two previous times for a similar offense within a three year
period.
For the purpose of determining whether an illegally parked Vehicle has had issued against it an
outstanding unpaid and overdue parking ticket, it shall be sufficient if the license plate number
of the illegally parked Vehicle and the license plate number of the Vehicle having received the
tickets are the same.
2) Application And Notification Of Immobilization. When an immobilization
device is attached to a Vehicle:
a) The manufacturer's directions for installation of the device shall be
followed;
b) A notice shall be affixed to the windshield or other part of the Vehicle so
as to be readily visible;
c) The notice shall warn that the Vehicle has been immobilized and that any
attempt to move the Vehicle may result in damage thereto. The Town
shall not be responsible for any damage to an immobilized illegally
parked Vehicle resulting from unauthorized attempts to free or move
that Vehicle;
d) An immobilization fee as set forth in the Town of Montreat Fee Schedule
shall be charged for the removal of the immobilization device. The notice
shall state that all outstanding parking notices of infraction and the
charge for immobilization must be paid in full prior to the removal of the
immobilization device; and
e) The address and telephone number to be contacted to pay the charges to
have the immobilization device removed shall also be listed on the
notice.
3) Towing Of Immobilized Vehicle. If the penalties due and the immobilization
are not paid, or satisfactory arrangements in lieu thereof are not made, within
59

Montreat General Ordinances
Chapter F - Traffic
Article III: Stopping, Standing and Parking
48 hours of the attachment of the immobilization device, such Vehicle may be
towed and impounded by, or at the direction of, the Town Administrator or
Police Department, to any private impoundment lot. If a private contractor tows
and stores such Vehicle, there shall be imposed against the Vehicle the private
contractor's actual charges for towing and storing such Vehicle. Once a Vehicle
has been impounded the Police Department shall mail, or cause to have mailed,
by certified mail, return receipt requested, a notice of impoundment to the
registered owner at the address or addresses on record at the North Carolina
Department of Motor Vehicles. Copies of this certified mail will be provided also
to the Mayor and Town Administrator.
4) Release From Impoundment. Upon payment of all penalties and fines for unpaid
and overdue parking tickets issued for a Vehicle and all other applicable charges
authorized by this Ordinance, including immobilization, towing, and storage fees,
the Vehicle shall be released from impoundment to the owner or any other
Person entitled to claim possession of the Vehicle.
5) Failure To Claim Impounded Vehicle. If a Vehicle has been impounded and stored
by the Town and remains in the impound facility for a period of time that
exceeds 30 days and the registered owner cannot be contacted, then the
wrecker service may sell the Vehicle to recover towing and storage expenses in a
manner that meets the requirements of N.C. G.S. § 20-114. In the event that this
situation occurs the Town will not attempt to collect penalties and fines from the
wrecker service or new owner.
6) Hearing. The registered owner, or Person entitled to possession, of any
Vehicle which has been immobilized or impounded pursuant to this Section may
submit a request for a hearing to the Mayor of the Town by certified mail within
seven calendar days from the date the notice of immobilization is affixed, as set
forth in Section 12.2 above, or the date of receipt of the notice of towing, as
provided for in Section 12.3 above, whichever is applicable. If a request for a
hearing is not made within the allocated time, the right to a hearing shall have
been waived.
If a hearing is requested, the Mayor or his/her designee, shall send a statement
to such Person to inform them of the time and place for the hearing, of the basis
for the Vehicle's immobilization and/or impoundment, of the opportunity to
present evidence as to why such Vehicle should not have been immobilized,
towed, and/or impounded, and of the right to have counsel present at the
hearing. The hearing shall be held within five business days of the Town's
receipt of a request for a hearing, unless a longer time period is requested by the
Person asking for the hearing.

Montreat General Ordinances
Chapter F - Traffic
Article III: Stopping, Standing and Parking
The Mayor, or his/her designee, shall serve as the hearing officer, shall conduct a
hearing and shall prepare a written report within three business days of the
hearing stating his/her conclusion as to whether the Vehicle was properly
immobilized, towed, and/or impounded, pursuant to this Section, and the
reasons and evidence underlying his/her conclusion. If it is concluded that the
Vehicle should not have been immobilized, towed, and/or impounded, any
improper charge(s) shall be canceled, or if paid, rebated.
7) Penalty For Removal, Damage, Or Destruction To Immobilization Device. It shall
be unlawful for any Person or Entity to remove from a wheel an immobilization
device placed thereon pursuant to this Section or to remove from impoundment
any Vehicle placed therein pursuant to this Section without all penalties and
fines applicable having first been paid. It shall be unlawful for any Person or
Entity to damage or destroy an immobilization device placed on a Vehicle
pursuant to this Section.
Section 13. Enforcement Of Parking Violations. Any Police Officer employed by the Town
shall have the authority to enforce the various provisions of this Chapter F of Article III. The
enforcement of parking ordinances by citation shall be made by attaching to any Vehicle
violating the provisions of the parking ordinance a notice to the owner or operator thereof that
such a Vehicle has been parked in violation of the provisions of the ordinances of the Town and
that such violation subjects the offender to a criminal penalty in the amount stated in the
notice and in Section 14 of this Article. More serious or repeat violations of parking ordinances
will be enforced by immobilization, impounding, and/or towing in addition to the written
parking citation.
Section 14. Parking Penalties. The owner or operator of any Vehicle that has been found
to be in violation of a Section of this Article will be subject to the following criminal penalties
and/or actions:
1) Parking Citation. The issuance of a parking citation to a Person will subject
the violator to a fine as provided for in the Town of Montreat Fee Schedule. If
the fine is not paid within 15 days from the issuance date it will be overdue and
an additional penalty will be imposed as provided for in the Town of Montreat
Fee Schedule. If the citation is not paid within 30 days, it will be considered
delinquent and the Police Department will notify the violator with a final notice
that he/she has failed to comply with the citation and if the citation is not paid
within 20 days of the issuance of the final notification the Town will obtain the
necessary papers to take the matter to District Court.
61

Montreat General Ordinances
Chapter F - Traffic
Article III: Stopping, Standing and Parking
2) Immobilization. The immobilization of a Vehicle will subject the owner or
operator to payment of all outstanding parking citations and for the applicable
immobilization fee of $20.00. If the Vehicle that is immobilized is not claimed
within 48 hours, then the Vehicle may be removed from the Street and
impounded. If this occurs the owner or operator shall also be responsible for
towing and impound charges in addition to the fees listed for citations and
immobilization fees.
Section 15. Parking for Special Events. Any ticketed event must apply for a special event
parking permit. The Chief of Police or his/her designee is hereby assigned to issue permits for
any ticketed event that requires traffic and parking control.
62

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER F - TRAFFIC
ARTICLE IV: OPERATION OF VEHICLES
Section 1. Stop Before Entering Certain Street Intersections. Where stop signs are placed,
erected, or installed at Intersections every Driver of a Vehicle shall stop in obedience to such
signs before entering the Intersection, and shall not proceed into, or across the Street until
he/she has first determined that no conflict will be involved.
Section 2. Stop When Traffic Obstructed. No Driver shall enter an Intersection or a
marked Crosswalk, unless there is sufficient space on the other side of the Intersection or
Crosswalk, to accommodate the Vehicle he/she is operating without obstructing the passage of
other Vehicles, or pedestrians, notwithstanding any traffic control signal indication to proceed.
Section 3. One -Way Streets. Where signs are placed, erected, or installed designating
one-way travel, vehicular traffic shall move only in the direction indicated on the sign.
Section 4. Emerging From Alley Or Private Driveway. The Driver of a Vehicle emerging
from an alley, driveway, or building shall stop such Vehicle immediately prior to driving onto a
Public Walkway, or into the Public Walkway areas extending across any alleyway, and upon
entering the Roadway he/she shall yield the right-of-way to all Vehicles approaching on said
Roadway.
Section 5. Vehicles Shall Not Be Driven On A Public Walkway. The Driver of a Vehicle shall
not drive on any Public Walkway.
Section 6. Clinging To Moving Vehicles. Any Person riding upon any bicycle, motorcycle,
coaster, sled, roller-skates, or any toy vehicle, shall not attach the same, or him/herself, to any
public conveyance or moving Vehicle upon any Roadway.
Section 7. Riding On Handle -Bars Prohibited. The operator of motorcycle or bicycle,
when upon a Street, shall not carry any Person upon the handle bar, frame, or tank of any such
Vehicle, nor shall any Person so ride upon any such Vehicle.
Section 8. Riding On Public Walkways Without Hands On Handlebars Prohibited. No Person
shall ride a bicycle or motorcycle on any Street or Public Walkway without having his/her hands
upon the handlebars.
Section 9. Use Of Coaster, Roller -Skates, Skateboards And Similar Devices Restricted. No
Person upon roller-skates, skateboard, or riding in, or by means of, any coaster, toy vehicle, or
similar device shall be on any Roadway, unless it be while crossing a Street at a Crosswalk or
Intersection; except upon Streets designated by the Board as "play streets."
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Montreat General Ordinances
Chapter F - Traffic
Article IV: Operation of Vehicles
Section 10. Speed -Limit. A Vehicle may be operated on any Street of the Town, at a rate of
speed not exceeding twenty miles per hour, except where clearly posted according to North
Carolina state law. However, at no time shall the speed be greater than is reasonable and
prudent under the existing conditions.
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MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER G - HEALTH PROTECTION AND DISEASE PREVENTION
ARTICLE I: GENERAL REGULATIONS
Section 1. Enforcement of this Chapter Under Supervision of County Health Officer. The
enforcement of this Chapter shall be under the supervision of the Buncombe County Health
Officer.
Section 2. Unlawful to Hinder Health Officer or Assistants. It shall be unlawful for any
Person to hinder, obstruct, or delay the Health Officer or any of his/her assistants in the lawful
discharge of their duties.
Section 3. Right to Enter. The Health Officer or any of his/her assistants shall have the
right to enter at any reasonable time any premises for the purpose of making the inspections or
investigations as required by this Chapter.
Section 4. Property Kept Clean. Owners or Occupants of Premises Required to Keep the
Same Clean. Every Person owning or occupying any premises in the corporate limits shall keep
the premises free from noxious weeds, trash, and all forms of animal or vegetable Refuse which
may be dangerous or prejudicial to the public health or which may constitute a public nuisance.
No owner or occupant of any premises shall bury therein any animal or vegetable matter which,
upon decaying, may become dangerous or prejudicial to the public health or may constitute a
nuisance.
Section 5. Persons Violating Section to be Notified. If any Person shall violate the
provisions of the preceding Section it shall be the duty of the Chief of Police or the Town
Administrator or his/her associates to give notice to the owner or Person in possession of such
premises, that within 15 days from the date of such notice, all weeds, trash and offensive
animal or vegetable matter be removed from the premises. Should any owner or occupant fail
to comply with notice, the Chief of Police shall proceed to have such matter removed, and the
owner or occupant shall be responsible to the Town for the cost of removal.
Section 6. Human Waste. No Person shall urinate or deposit any human waste of
any kind in the Town, except in approved sanitary facilities.
Section 7. Stagnant Water. No Person or occupant of any property shall allow
stagnant water to accumulate or remain anywhere on his/her property.
Section 8. Sale of Food -- Eating Establishments. All Persons or Entities selling food of
any kind or serving prepared meals shall comply with all applicable requirements of the North
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Montreat General Ordinances
Chapter G - Health Protection & Disease Prevention
Article I: General Regulations
Carolina State Board of Health.
Section 9. Debris from New Construction. All lumber and construction materials
remaining from the erection and completion of any new building or new construction to an
existing building, shall be removed by the property owner within ten (10) days from the
completion date of such building. For the purposes of this Ordinance, the completion date shall
be the date that the final approval or "green tag" is issued by the Building Inspector.
M

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER G - HEALTH PROTECTION AND DISEASE PREVENTION
ARTICLE II: SOLID WASTE DISPOSAL AND REFUSE COLLECTION
(Revised 211312003), (Revised 1011412010), (Revised 511012012)
Section 1. Requirements. Solid Waste, except recyclable items, must be kept in paper or
plastic bags and placed in metal or rigid plastic containers of not over forty (40) gallon capacity
with proper lids. All cans are to be marked with house number legible for easy viewing.
An adequate number of garbage cans shall be required for any building to fully hold all solid
waste generated. (If additional solid waste is placed outside of cans and cans are full then
owner does not have adequate cans.)
Secure garbage cans (as defined in Section 1 of this Article) may be placed at roadside only on
the morning of scheduled pick-up and shall be removed from the street by the following
morning. Property owners or occupants who leave Solid Waste for collection on any day other
than the scheduled pick-up day must place such Solid Waste in a bear -proof container. All
bear -proof containers located in Town right of way shall be approved by the Town
Administrator and Code Administrator in accordance with the guidelines listed below:
1) Containers manufactured by vendors using metal construction are approved as
bear -proof when firmly anchored to the ground or other permanent object.
2) Containers that are not constructed as described above may be granted
conditional approval subject to the following conditions:
i. The construction of the container must be of a solid, sturdy material on
all sides and hinged openings must have secure latches.
ii. Containers must be securely anchored to the ground or other permanent
object in a manner that will prevent tipping.
iii. If conditional approval is given and the container is broken into by bears,
the owner will be notified immediately by the Town. The owner shall
have thirty (30) days to either remove or replace the container with an
approved metal container.
3) The location of the container shall be of sufficient distance from traveled
roadway to minimize traffic hazards.
4) The container shall be located within the property owner's projected lines. If
this is not possible due to terrain or other obstacles, the owner shall obtain and
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Montreat General Ordinances
Chapter G — Health Protection & Disease Prevention
Article II: Solid Waste Disposal and Refuse Collection
provide to the Town a copy of written permission from another property owner
to locate the container within that owner's projected property lines.
5) Property owners with containers meeting the above requirements must apply
for and receive written permission from the Town Administrator and Code
Administrator to locate the container on public rights -of -way. A site plan, survey
or some other type of accurate graphic representation indicating the specific
location of the proposed container shall be provided along with the completed
form: Application to Locate a Bear -Proof Garbage Container in the Public Right -
of -Way. Since the containers are not considered structures, a Certificate of
Zoning Compliance is not required.
Any containers located in Town rights -of -way that are not bear -proof or have not received
proper approval shall be removed by the property owner.
No person shall throw, place or deposit any solid waste of any kind in any place or on any public
or private property, except in his or her own container(s).
Section 2. Burning or Burying of Solid Waste and Refuse. It shall be unlawful to burn
or bury solid waste for the purpose of disposal.
Section 3. Accumulation of Solid Waste and Refuse Prohibited. All solid waste shall
be kept in proper containers as required by Section 1, and it shall be unlawful for any person to
permit solid waste to accumulate or remain unsecured on any premises beyond the time of
scheduled removal. A schedule for collection of both Solid Waste and recyclables is available in
the Town Services Office.
Section 4. Solid Waste Collection. The Town provides weekly pick-ups year-round,
and twice -weekly pick-ups as scheduled each summer. The Town will pick up garbage
scattered around cans that have been upset or where the tops have been torn. However, if the
Public Works Director or the investigating Police Officer determines that this resulted from
failing to comply with the requirements of this Ordinance, the owner of the property shall be
cited, required to purchase a bear proof container, inform the Town Administrator as to the
approximate time of the container placement, and be subject to the penalties as found in
Chapter L.
Section 5. Yard Waste Collection. The Town provides residential yard waste
collection weekly placed next to the streets in accordance with the collection schedule. Brush
and tree limbs must be cut into six (6) feet lengths and must not exceed six (6) inches in
diameter. Yard waste may be placed in loose piles of up to three (3) cubic yards at one time.
Three cubic yards is about the size of one small pickup truck load. Yard waste in excess of three
cubic yards will be collected at the curb upon request. A fee for excess yard waste will be
w9c,

Montreat General Ordinances
Chapter G - Health Protection & Disease Prevention
Article II: Solid Waste Disposal and Refuse Collection
charged in accordance with the Town of Montreat Fee Schedule. Commercially cut brush or
yard waste, lot clearing, and yard waste deposited by private contractors, landscapers or tree
companies will not be collected by the Town.
Leaves will be collected weekly from October through December, and twice monthly
throughout the remainder of the year. Leaves may be collected at other times during the year
by contacting the Town Services Office and paying the required fees as set forth in the Town of
Montreat Fee Schedule. Leaves must be bagged in "ecofriendly" biodegradable paper bags.
The Town will not collect leaves placed in plastic bags or leaves collected and bagged by private
contractors, landscaping contractors or tree companies.
Section 6. White Goods and Bulk Items Waste Collection. The Town provides white
goods and bulk item waste collection twice per year free of charge. White Goods and Bulk
Items Waste may be collected at other times during the year by contacting the Town Services
Office and paying the required fees as set forth in the Town of Montreat Fee Schedule.
Section 7. Recyclable Materials. The Town provides recycling collection weekly in
accordance with the collection schedule. Recyclables should be placed in a blue or clear
transparent bag. All recyclable materials shall be separated from Solid Waste and placed at the
curb alongside the Solid Waste containers.
Section 8. New Construction and Remodeling. The holder of any building permit
issued by the Town shall be responsible for maintaining the corresponding construction site
free of rubbish, hazards, and unsightly conditions from the beginning of construction until
occupancy.
Section 9. Owner Responsible for Actions of Occupants. The owner of each structure
in the Town is responsible for compliance with this Sanitation Ordinance whether the structure
is occupied or operated by the owner or by a visitor, renter, lessee, or any other Person. The
owner shall take all actions necessary to inform occupants of the structure of the requirements
of this sanitation ordinance. In any case, the owner is responsible for compliance with this
Sanitation Ordinance and shall be subject to the penalties for violations set forth in Chapter L.
Section 10. Effective Date. This Ordinance shall become effective on October 1, 2012.

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER G - HEALTH PROTECTION AND DISEASE PREVENTION
ARTICLE III: SMOKING POLLUTION CONTROL
Section 1. Findings and Purpose. The Board does hereby find that:
1) The Environmental Protection Agency has labeled environmental tobacco smoke
as a Class A Carcinogen in its January 7, 1993 report. Numerous other studies
have found that tobacco smoke is a major contributor to indoor air pollution,
and that breathing secondhand smoke is a cause of disease, including lung
cancer, in nonsmokers. At special risk are children, pregnant women, elderly
people, individuals with cardiovascular disease, and individuals with impaired
respiratory function, including asthmatics and those with obstructive airway
disease; and
2) Health hazards induced by breathing secondhand smoke include lung cancer,
heart disease, respiratory infection, decreased respiratory function,
bronchoconstriction and bronchospasm.
Accordingly, the Board finds and declares that the purposes of this Article are: (1) to protect the
public health and welfare by prohibiting Smoking in Public Places where the public must go and
places of employment; (2) to guarantee the right of merchants and landlords of private
businesses where the public can choose to go or not, to designate their businesses as smoke -
free or Smoking; and (3) to guarantee the right of nonsmokers to breathe smoke -free air and to
recognize that the need to breathe smoke -free air shall have priority over the desire to smoke.
Section 2. Application of Article to Town -Owned Facilities. All enclosed facilities owned by
the Town shall be subject to the provisions of this Article.
Section 3. Prohibition of Smoking in Public Places. Smoking shall be prohibited in all
enclosed Public Places within the Town, including but not limited to the following places:
1) Elevators;
2) Buses, taxicabs, and other means of public transit under the authority of the
Town, and ticket, boarding, and waiting areas of public transit depots;
3) Restrooms;
4) Service Lines;
5) Retail stores available to and customarily used by the general public for
sustenance and maintenance of daily living, including but not limited to grocery
stores and other food stores, clothing stores, discount department stores and
furniture stores;
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Montreat General Ordinances
Chapter G — Health Protection & Disease Prevention
Article III: Smoking Pollution Control
6) All areas available to and customarily used by the general public in all businesses
and non-profit entities patronized by the public including but not limited to
attorneys' offices and other offices, banks, laundromats, hotels and motels;
7) Restaurants which are limited to one room;
8) Public areas of aquariums, galleries, libraries and museums when open to the
public;
9) Any facility which is primarily used for exhibiting any motion picture, stage
drama, lecture, musical recital or other similar performance;
10) Sports Arenas and convention halls;
11) Every room, chamber, place of meeting or public assembly, including school
buildings under the control of any board, council, commission, committee,
including joint committees, or agencies of the Town or any political subdivision
of the State during such time as a public meeting is in progress, to the extent
such place is subject to the jurisdiction of the Town;
12) Waiting rooms, hallways, wards and semiprivate rooms of health facilities,
including but not limited to, hospitals, clinics, physical therapy facilities, doctors'
offices, and dentists' offices;
13) Lobbies, hallways, and other common areas in apartment buildings,
condominiums, retirement facilities, nursing homes, and other multiple -unit
residential facilities;
14) Lobbies, hallways, and other common areas in multiple -unit commercial
facilities;
15) Polling places.
Notwithstanding any other provision of this Section, any owner, operator, manager or other
Person who controls any establishment or facility may declare that entire establishment or
facility as a nonsmoking establishment.
Section 4. Regulation of Smoking in Places of Employment. It shall be the responsibility
of Employers to provide a smoke -free workplace for all Employees, but Employers are not
required to incur any expense to make structural or other physical modifications.
Within 60 days of the effective date of this Article, each Employer having an enclosed Place of
Employment located within the Town shall adopt, implement, make known and maintain a
written smoking policy which shall contain the following requirement:
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Montreat General Ordinances
Chapter G — Health Protection & Disease Prevention
Article III: Smoking Pollution Control
Smoking shall be prohibited in all enclosed facilities within a Place of Employment without
exception. This includes common work areas, auditoriums, classrooms, conference and meeting
rooms, private offices, elevators, hallways, medical facilities, cafeterias, Employee lounges,
stairs, restrooms, Vehicles and all other enclosed facilities.
The smoking policy shall be communicated to all Employees within three (3) weeks of its
adoption.
All Employers shall supply a written copy of the smoking policy upon request to any existing or
prospective Employee.
Section 5. Regulation of Smoking in Eating Establishments. All eating establishments
with a seating capacity of 30 or more patrons shall designate non-smoking areas. The seating
capacity of any Bar located within the dining area of an eating establishment shall be included
in the calculation of the total capacity of the eating establishment.
Eating establishments with a seating capacity of 30 or more patrons shall have posted a
conspicuous sign or signs clearly stating that a nonsmoking area is available.
The nonsmoking area shall be separate and contiguous, containing at all times one-half (1/2) or
more of the seating capacity of the dining area.
Eating establishments with a seating capacity of fewer than 30 patrons seated in the same
room shall designate the entire facility as nonsmoking and post signage to that effect at the
patron entrance.
Notwithstanding any other provision of this Ordinance, any owner, operator, manager or other
Person who controls any eating establishment described in this Ordinance may declare the
entire eating establishment as a nonsmoking eating establishment.
Section 6. Where Smoking Not Regulated. Notwithstanding any other provision of this Article
to the contrary, the following areas shall not be subject to the Smoking restrictions of this
Article:
1) Bars;
2) Private residences, except when used as a child-care or health-care facility;
3) Restaurants, hotel and motel conference or meeting rooms and public and
private assembly rooms while these places are being used for private functions.
72

Montreat General Ordinances
Chapter G — Health Protection & Disease Prevention
Article III: Smoking Pollution Control
Notwithstanding any other provision of this Section, any owner, operator, manager or other
Person who controls any establishment described in this Section may declare that entire
establishment as a nonsmoking establishment.
Section 7. Posting of Signs. "No Smoking" signs or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building
or other place where Smoking is regulated by this Article, by the owner, operator, manager or
other Person having control of such building or other place.
Every one -room Restaurant shall have posted at every entrance a conspicuous sign clearly
stating that Smoking is prohibited.
Section 8. Enforcement. Any citizen who desires to register a complaint under this Chapter
may initiate enforcement with the property owner, then if necessary the Police Department.
The Fire Department or the Buncombe County Health Department shall require, while an
establishment is undergoing otherwise mandated inspections, a "self -certification" from the
owner, manager, operator or other Person having control of such establishment that all
requirements of this Article have been complied with.
Any owner, manager, operator or Employee of any establishment regulated by this Article may
inform Persons violating this article of the appropriate provisions thereof.
Notwithstanding any other provision of this Article, a private citizen may bring legal action to
enforce this Article.
Section 9. Violations and Penalties. It shall be unlawful for any Person who owns,
manages, operates or otherwise controls the use of any premises subject to regulation under
this Article to fail to comply with any of its provisions.
It shall be unlawful for any Person to smoke in any area where Smoking is prohibited by the
provisions of this Article.
Any Person who violates any provision of this Article shall be guilty of an infraction, punishable
by:
1) A fine not exceeding one hundred dollars ($100) for a first violation;
2) A fine not exceeding two hundred dollars ($200) for a second violation of this
Article within one (1) year;
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Montreat General Ordinances
Chapter G — Health Protection & Disease Prevention
Article III: Smoking Pollution Control
3) A fine not exceeding five hundred dollars ($500) for each additional violation of
this Article within one (1) year.
Section 10. Non -retaliation. No Person or Employer shall discharge, refuse to hire or in
any manner retaliate against any Employee or applicant for employment because such
Employee or applicant exercises any right to a smoke -free environment afforded by this Article.
Section 11. Other Applicable Laws. This Article shall not be interpreted or construed to
permit Smoking where it is otherwise restricted by other applicable laws.
Section 12. Severability. If any provision, clause, sentence or paragraph of this Article or
the application thereof to any Person or circumstances shall be held invalid, such invalidity shall
not affect the other provisions of this Article which can be given effect without the invalid
provision or application, and to this end the provisions of this Article are declared to be
severable.
Section 13. Disposal of Smoking Materials. Because of the fire hazards associated
therewith, the disposal and discarding of Smoking Materials in public/open areas is prohibited.
These areas include, but are not limited to, lawns, grounds, landscaped areas, undeveloped
areas, paths, trails, Sidewalks, roads, Streets, and any trash/garbage receptacles which are
located in these areas. Owners, operators, and managers of facilities in which Smoking has
been authorized are responsible for providing ash trays, "butt cans," and other fire -proof
disposal receptacles for the use of smokers.
Section 14. Conflict of Laws. If any portion of this Ordinance or the enforcement
thereof is found to be preempted by state or federal law, such preemption shall not operate to
invalidate the rest of the Ordinance and the same shall remain in full force and effect. All
ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Section 15. Exemptions. Independent entities shall be eligible, upon application to the
Town Administrator, for an exemption for a maximum of twenty percent (20%) of the total
square footage of any dorm, hotel, or Restaurant. The application for the exemption shall
specify the buildings to be covered and the percent of the total square footage of each building
to be exempt.
Section 16. Effective Date.This Article shall be effective October 14, 1993, and shall be
reviewed within one year of its effective date.
74

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER G - HEALTH PROTECTION AND DISEASE PREVENTION
ARTICLE IV: DERELICT VEHICLE ORDINANCE
Section 1. Purpose. Abandoned and Junked Motor Vehicles constitute a hazard to the
health and welfare of the people of the Town in that such Vehicles can harbor noxious diseases,
furnish shelter and breeding places for vermin, and present physical dangers to the safety and
well-being of children and other citizens. It is therefore in the public interest that the present
accumulation of Abandoned and Derelict Motor Vehicles be eliminated and that future
abandonment of such Vehicles be prevented.
Section 2. Removal of Abandoned Motor Vehicles. The Town may remove to a storage
garage or area an Abandoned Motor Vehicle from Town or public property.
The Town may remove an Abandoned Motor Vehicle from private property only with the
written approval of the owner, lessee, or occupant of the property.
When an Abandoned Motor Vehicle is removed as provided for in Subsection 2.1, the Town
shall promptly give written notice of the removal to the registered owner at his/her address
according to the latest registration certificate of title on file with the appropriate state Division
of Motor Vehicles. The notice shall inform the owner of the possible sale or other disposition
that may be made of the Vehicle under this Ordinance. The owner may regain possession of
the Vehicle by paying to the Town all reasonable costs incidental to the removal and storage of
the Vehicle. If the Vehicle does not display a current license plate and Vehicle identification
numbers have been removed or defaced so as to be illegible, the Town need not give notice to
the Vehicle's registered owner.
Section 3. Disposal of Abandoned Motor Vehicles. After holding an Abandoned Motor
Vehicle for thirty (30) days after the day the Vehicle is removed, the Town may sell or dispose
of it as provided in this Section.
If the Vehicle appears to be worth less than one hundred dollars ($100), the Town may dispose
of it as a Junked Motor Vehicle as provided by Section 4 of this Ordinance. If the Vehicle
appears to be worth one hundred ($100) dollars or more, it shall be sold at public auction. The
Town shall give twenty (20) days written notice of the sale to the registered owner at his/her
last known address, to each holder of a lien of record of the Vehicle and to the Division of
Motor Vehicles. Any Person having an interest in the Vehicle may redeem it at any time before
the sale by paying all costs accrued to date. The proceeds of the sale shall be paid to the Town
Clerk, who shall pay the appropriate Officers or Persons the cost of removal, storage,
investigation, sale and liens, in that order. The remainder of the proceeds of sale, if any, shall
be paid over to the registered owner, or held by the Town for sixty (60) days if the registered
owner cannot be located with reasonable diligence. If the owner does not claim the remainder
75

Montreat General Ordinances
Chapter G - Health Protection & Disease Prevention
Article IV: Derelict Vehicle Ordinance
of the proceeds within sixty (60) days after the day of sale, the funds shall be deposited in the
Town's general fund and owner's rights to the Vehicle are extinguished.
Section 4. Removal of Junked Motor Vehicles. The Town may remove from Town or public
property to a storage garage or area a Junked Motor Vehicle.
The Town may remove to a storage garage or area a Junked Motor Vehicle that is left for longer
than two (2) hours on private property without the written consent of the owner, lessee, or
occupant of the premises. The Town may remove a Junked Motor Vehicle to a storage garage
or area without the consent of the owner, lessee, or occupant of the property when the Vehicle
is a health or safety hazard. A Junked or other Motor Vehicle may be declared a health or
safety hazard when it is found to be:
1) A breeding ground or harbor for mosquitoes or other insects, snakes, rats, or
other pest; or
2) A point of collection for pools or ponds or water; or
3) A point of concentration of gasoline, oil, or other flammable or explosive
materials; or
4) So located that there is a danger of a Vehicle falling or turning over; or
5) A source of danger for children through entrapment in areas of confinement that
cannot be opened from the inside or from exposed surfaces of metal, glass or
other rigid materials.
Appropriate Town Officers and Employers have a right, upon presentation of proper
credentials, to enter on any premises within the Town's jurisdiction if any Vehicles are health or
safety hazard.
When a Junked or other Motor Vehicle is found to be a health or safety hazard, the Town
Authority responsible for the removal of such Vehicle shall notify the owner of the property
upon which the Vehicle is located at the address as shown by the records of the Buncombe
County Tax Office that the Vehicle is a health or safety hazard and will be removed after fifteen
(15) days from the posting of the notice and disposed of as provided for in Section 5. Notice
shall be made by registered mail and by affixing a notice to the motor Vehicle in such a way that
it will be conspicuous, within the fifteen (15) day period the owner, occupant or lessee of the
property may appeal the finding that the Vehicle is a health or safety hazard to the Board. The
filing of an appeal shall stay removal proceedings until the Board acts on the appeal.
Section 5. Disposal of Junked Motor Vehicles. After holding a Junked Motor Vehicle for
fifteen (15) days (or fifteen (15) days after the Town has served notice of its intention to
remove and dispose of the Vehicle as provided for in Subsection 4.5, the Town may destroy (or
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Montreat General Ordinances
Chapter G — Health Protection & Disease Prevention
Article IV: Derelict Vehicle Ordinance
remove and destroy) a Junked Motor Vehicle or sell it at a private sale as junk. Within fifteen
(15) days after final disposition of a Junked Motor Vehicle, the Town shall notify the Division of
Motor Vehicles that the Vehicle has been determined to be a Junked Motor Vehicle and has
been disposed of as such. The notice shall contain as full and accurate a description of the
Vehicle as can be reasonable determined. The proceeds of the sale of a Junked Motor Vehicle
shall be paid to the Town Clerk who shall pay to the appropriate Officers or Persons the cost of
removal, storage, investigation, sale, and liens, in that order. The remainder of the proceeds of
sale, if any, shall be held by the Town for thirty (30) days after the Vehicle is disposed of, the
funds shall be deposited in the Town's general fund and the owner's rights in the Vehicle are
extinguished. If a Junked Motor Vehicle does not display a current license plate and the Vehicle
identification numbers have been removed or defaced so as to be illegible, the Town may
dispose of it under this Section. The Town may destroy the Vehicle or sell it at private sale
(without regard to value), after having held the Vehicle for forty-eight (48) hours. The proceeds
shall be placed in the Town's general fund.
Section 6. No Liability. No Person nor any town or county may be held to answer in a civil
or criminal action to any owner or other Person legally entitled to the possession of an
Abandoned, Junked, lost, or stolen motor Vehicle for disposing of the Vehicle as provided in this
Ordinance.
Section 7. Exceptions. This Ordinance does not apply to any Vehicle in an enclosed
building, to any Vehicle on the premises of a Business enterprise being operated in a lawful
place and manner if the Vehicle is necessary to the operation of the enterprise, or to any
Vehicle in an appropriate storage place or depository maintained in a lawful place and manner
by the Town.
Section 8. Severability. If any provision of this Ordinance or its application to any Person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the Ordinance which can be given effect without the invalid provision or application. The
provisions of this Ordinance are declared to be severable.
77

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER H - BUSINESS AND TRADES
ARTICLE I: PRIVILEGE LICENSES
(Revised 310812007)
Section 1. Repeal of Privilege License Tax. In accordance with N.C.G.S. § 160A-211,
privilege license taxes for the Town of Montreat are hereby repealed in their entirety effective
July 1, 2007. This repeal does not affect the rights or liabilities of the Town, a taxpayer, or
another person arising under ordinance regulations in effect prior to this date; nor does it affect
the right to any refund or credit of a tax accrued under the previous regulations before the
effective date of this repeal.
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MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER H - BUSINESS AND TRADES
ARTICLE II: RENTALS
(Revised 1011212006), (Revised 211112010), (Repealed 111012013)
Section 1. Repeal. Effective January 10, 2013, this Article is hereby repealed in its
entirety.
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MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER I - DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE I: DISORDERLY CONDUCT
Section 1. General. No occupant of any building shall permit the building to be kept in
an indecent or offensive or disorderly manner or permit loafers or idle Persons to congregate
therein or in front of same to the annoyance of Persons passing by or living in the vicinity.
Section 2. Vagrants. Any and all tramps, vagrants, Persons under suspicion, who shall
be found with no visible means of support, either male or female, shall not be allowed on the
Streets or other Public Places.
Section 3. Profanity and Boisterous Conduct. It shall be unlawful for any Person to use
loud and boisterous language so as to become a nuisance or use any form of profanity or
indecent language on the Street or in a gathering or audience or assembly, or in any Public
Place whatsoever, or to indecently expose themselves within the corporate limits.
Section 4. Public Drunkenness. It shall be unlawful for any intoxicated Person to be on or
upon any public Street or other Public Place.
Section 5. Drinking in Public. No Person shall consume, serve, or drink wine, beer,
whiskey, or alcoholic beverages of any kind on the public Streets, alleys or walkways or in public
hearings.

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER I - DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE II: NOISE CONTROL
(Revised 611012004), (Revised 811212010), (Revised 71912015)
Section 1. It shall be unlawful for any Person or Entity to create or assist in creating, permit,
continue, or permit the continuance of any unreasonably loud, disturbing and unnecessary
noise in the Town. Noise of such character, intensity and duration as to be detrimental to the
life and health of any individual is prohibited. The production or emission of noises or amplified
speech, music or other sounds that tend to annoy, disturb or frighten citizens of the Town is
also prohibited (Ref. N.C.G.S. § 160A-184.)
Section 2. Noise - Specific Prohibitions. The following acts, among others, are declared to
be loud, disturbing, and unnecessary noises in violation of Chapter I, Article II, Section 1, but
this list is not exclusive and does not limit the Town's authority to prohibit other noises.
a) The playing of any radio, phonograph, musical instrument, or sound amplification
system in such a manner or with such volume from 11:00 p.m. - 7:00 a.m. so as to
annoy or disturb the quiet, comfort or repose of any Person in any dwelling, hotel or
other residence or vehicle. For the purpose of this Section any sound coming from
these sources that can be heard at the property lines of the complainant during
these hours shall be deemed excessive, unreasonably loud, disturbing and
unnecessary noise and shall constitute a violation of this Section.
b) The use of a speaker or amplifier at any time from 7:00 a.m. - 11:00 p.m., so that
said sound measured with a decibel meter at the property line and determined to be
in excess of those sound levels referenced in Table I shall be deemed excessive,
unreasonably loud, disturbing and unnecessary noise and shall constitute a violation
of this Section. This however does not apply to a personal radio, TV, or other sound
producing device that is used on private property and at a level that the sound does
not travel beyond the property lines of the private property where the device is
being used.
c) The operation of a Motor Vehicle with defective or modified engine sound muffling
system so as to produce engine noise that exceeds the normal noise produced by
automobiles operated in the Town; for the purpose of this Section the normal noise
produced shall be as stated in the Sound Level Table II, titled "Motor Vehicle &
Motorcycle Sound Limits," attached hereto and incorporated herein by reference.
d) The keeping of any animal or bird which by causing frequent, incessant or repetitive
noise shall disturb the comfort and repose of any Person in the vicinity.
e) The erection (including excavating), demolition, alteration or repair of any building
or the operation of a chainsaw or other power lawn maintenance tool in a
81

Montreat General Ordinances
Chapter I — Disorderly Conduct & Public Nuisances
Article II: Noise Control
residential, business or institutional district other than between the hours of 7:00
a.m. and 7:00 p.m. Monday through Saturday and on Sundays between the hours of
1:00 p.m. and 6:00 p.m. except in the case of urgent necessity in the interest of
public safety and then only with permission from the Building Inspector or a
member of the Police Department.
f) The discharge of a gun in the Town except by written permission from the Chief of
Police.
g) It shall be unlawful for any person or entity to use or cause to be discharged any
fireworks and/or pyrotechnics as defined in N.C.G.S. 14-414.
h) Constant/Pure Tone. When a constant or pure tone is produced, whether by
mechanical equipment or other methods, the maximum decibel level shall be 60
decibels as measured at the property line of the complainant. When a constant or
pure tone is produced, whether by mechanical equipment or other methods, the
above maximum decibel levels are reduced by 5 dBA. In the case of a pure or
constant tone it does not matter if the sound is amplified or not.
Section 3. Exemptions. The following activities and events shall be exempt from the
provisions of Section 2 above and the maximum noise level shall be 80 decibels or as approved
by the Chief of Police or his designated representative, using a common sense rule that applies
to the specific circumstances of the event. All private activities will comply with the provisions
of Section 2 above.
a) Town and permitted activities associated with the Town's celebration of the July 4tn
national holiday.
b) Noises of safety signals, warning devices, emergency pressure relief valves, all
church bells.
c) All noises coming from the normal operations or properly equipped aircraft (not
including scale model aircraft.)
d) Emergency work necessary to maintain public safety, or to restore property to a safe
condition following an accident or natural disaster, or to protect persons or property
from an imminent danger.
e) Noises resulting from the provision of government services necessary to maintain
the public infrastructure.
f) Noises resulting from the provision of sanitation and recycling services between the
hours of 5:30 a.m. and 11:00 p.m.
82

Montreat General Ordinances
Chapter I - Disorderly Conduct & Public Nuisances
Article II: Noise Control
SOUND LEVEL TABLE I
AMPLIFIED SOUND LIMITS
(Measured at Property Line)
MAXIMUM SOUND
LAND USE CATEGORY
TIME
LEVEL LIMITS IN
DECIBELS
(dBA)
Residential R-1, R-2 &
R-3
7:00 a.m. —11:00 p.m.
60 dBA
Residential R-1, R-2, &
R-3
11:00 p.m. — 7:00 a.m.
NOT ALLOWED M
Institutional/Residential
7:00 a.m. — 11:00 p.m.
80 dBa
Institutional/Residential
11:00 p.m. — 7:00 a.m.
NOT ALLOWED 111
Conservation District
7:00 a.m. —11:00 p.m.
80 dBA
Conservation District
11:00 p.m. — 7:00 a.m.
NOT ALLOWED 111
Woodland
District
7:00 a.m. —11:00 p.m.
60 dBA
Woodland
District
11:00 a.m. — 7:00 a.m.
NOT ALLOWED (11
Institutional Zone
7:00 a.m. — 11:00 p.m.
80 dBA
Institutional Zone
11:00 p.m. — 7:00 a.m.
NOT ALLOWED M
PIK

Montreat General Ordinances
Chapter I - Disorderly Conduct & Public Nuisances
Article II: Noise Control
SOUND LEVEL TABLE II
MOTOR VEHICLE AND MOTORCYCLE SOUND WITS
(Decibels (dBA) measured 50 feet from Vehicle)
VEHICLE CLASS
SPEED LIMIT 35 MPH
STATIONARY RUN-UP
OR LESS
Motor carrier Vehicle
86 dBA
88 dBA
engaged in
interstate
commerce with
GVWR of
GCWR 10,000
lbs. or more
All other Motor
84 dBA
86 dBA
Vehicles with
GVWR or
GCWR of 6,000
lbs. or more
Any Motorcycle
82 dBA
84 dBA
Any other Motor
78 dBA
88 dBA
Vehicle or any
combination of
Vehicles towed
by any Motor
Vehicle
REFERENCE: These decibel levels were taken from the SBCCI standard produced by the
Southern Building Code Congress International (SSTD-8-87.)

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER I - DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE III: DOGS
Section 1. Dog Control.
a) Collar and Tags. No Person or Entity shall own or keep any dog over the
age of six (6) months in the Town unless that Person has provided a collar and
tags for each dog as herein provided. The collar shall contain a current rabies
vaccination tag and an identification tag with the owner's name and telephone
number imprinted upon it.
b) Vaccination. It shall be unlawful for the owner of any dog to keep the dog
unless it is vaccinated by a licensed veterinary surgeon with anti -rabies vaccine
as required by the General Statutes of North Carolina. Proof of rabies
inoculation must be attached to the collar of the dog.
c) Restraint. The owner or custodian of a dog shall keep the dog under
restraint at all times and shall not permit the dog to be At Large.
d) Impoundment. Any dog not displaying the proper tags as required in this
Ordinance or any dog found running At Large shall be taken up by the Animal
Control Officer, or authorized representative thereof, or a Montreat police
officer, and impounded in the Black Mountain Animal Shelter or other animal
shelter designated by the Town Administrator. All dogs not claimed within
twenty-four (24) hours shall be turned over the Buncombe County Animal
Shelter. Upon arrival at the Buncombe County Animal Shelter, dogs not claimed
within seven (7) days may be put up for adoption or humanely euthanized.
e) Notice to Owner. As soon as a dog has been impounded, the Town will
attempt to notify the owner by telephone and inform the owner of the dog's
impoundment and how custody of the dog may be regained.
f) Impoundment Fees. An owner may reclaim an impounded dog by paying the
necessary impoundment fees at the temporary animal shelter in the Town of
Black Mountain. If the dog has been turned over to Buncombe County officials,
the owner must first pay the Town's impoundment fee at the temporary animal
shelter in the Town of Black Mountain, obtain a release for the dog from the
Town of Black Mountain, and then pay the required Buncombe County fees at
the County shelter. Dogs will not be released from the Buncombe County shelter
unless a release slip has been issued by the Town of Black Mountain showing
that the appropriate Black Mountain fees have been paid.

Montreat General Ordinances
Chapter I - Disorderly Conduct & Public Nuisances
Article III: Dogs
g) Records. Animal control personnel shall keep, or cause to be kept, accurate
and detailed records of the licensing, impoundment, and disposition of all dogs
that come into their custody. Records shall also be kept of all moneys collected
under this Section.
Section 2. Records. All previous ordinances relating to the keeping, licensing, and
restraining of dogs are hereby repealed. All other ordinances in conflict herewith are repealed
to the extent of such conflict.

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER I - DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE IV: OTHER ANIMALS
Section 1. Animals At Large. All animals caught running At Large shall be impounded by
the Police and unless claimed within four days shall be disposed of as the Town shall deem best.
Section 2. Hog, Pigs, Goats and Livestock Prohibited. No Person shall be permitted to
keep or maintain any hog, pig or goat pen, or keep any hogs, pigs, goats or livestock within the
Town's corporate limits.
Section 3. Chickens Prohibited. No Person shall maintain a chicken house or other
enclosure for chickens, or keep any chickens, within the Town's corporate limits.

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER I - DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE V: FIREARMS
(Adopted 811212010)
Section 1. General. In accordance with North Carolina General Statute 160A-189, a
town may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or
place within the town except when used in the defense of person or property or pursuant to
lawful directions of law enforcement officers, and may regulate the display of firearms on the
streets, sidewalks, alleys, or other public property.
Section 2. Discharge of Firearms. No person shall shoot or discharge, within the
corporate limits of the town, any firearm, gun, rifle, pistol, air rifle, spring gun or compressed
air rifle or pistol or other similar device or weapon which impels or discharges with force any
bullet, shot or pellet of any kind, including arrows with metallic tips or sharp tips of any nature,
designed to penetrate and propelled by a bow or spring device. This section shall not apply to
any law enforcement officer of any governmental agency or body charged with the duties of
protecting life or property or enforcing laws and regulations while engaged in the performance
of their official duty. This section shall not apply in defending one's self or property or the
safety and property of others.
Section 3. Seizure of Firearms or Weapons. The Chief of Police or any member of the
Police Department is hereby authorized to seize, hold and confiscate, subject to order of the
court, any firearm, weapon, air rifle or similar device described in Section 2 which is shot or
discharged within the town in violation of this article.
Section 4. Penalty for Violation of Article. Any violation of the provisions of this article
shall constitute a Class 3 misdemeanor punishable, upon conviction, as provided in G.S. 160A-
175 and G.S. 14-4 or as specified in Chapter L of the Town of Montreat Code of General
Ordinances.
Section 5. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of such conflict.
Section 6. Separability. If any section, subsection, paragraph, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed severable and such holding shall not
affect the validity of the remaining portions hereof.
EX

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER J - BUILDING CODES
ARTICLE I: GENERAL BUILDING REGULATIONS
(Revised 1010812009), (Revised 1210912010)
Section 1. Building Inspector. The Building Inspector shall be appointed by the Board of
Commissioners and shall possess all the powers conferred and perform all the duties prescribed
by N.C. G.S. § 160A-412 and other applicable statutes. The Inspector shall possess such further
powers and perform such further duties as may be prescribed by this Chapter. The Inspector
shall receive the fees allowed by statute and prescribed under the Town Fee Schedule. The
Inspector or his/her deputy shall have the right to enter, at all reasonable times, any building or
structure within the Town, for the purpose of inspecting or in the performance of his/her
duties. The Inspector shall make, or cause to be made, such inspection of all chimneys, flues,
and steam and fire openings within the Town. The Inspector may, when occasion requires,
appoint a deputy or deputies, to perform any part of his/her duties.
Section 2. Building Permit Required. It shall be unlawful for any Person or Entity to
hereafter erect, construct, build, structurally repair, replace or alter or cause or authorize the
same any building or structure on any lot or parcel of land within the Town or within the
unincorporated portion of Buncombe County inside the extraterritorial jurisdiction of Montreat,
until such Person or Entity has obtained a building permit in accordance with this article. The
applicant shall submit to the Building Inspector a duly signed and completed application for a
building permit. The application shall be accompanied by plans and specifications for the
proposed building or structure, the material to be used, the proposed location thereof, the
purposes for which the building or structure is to be used, the estimated cost of the project,
and any other information that will enable the Building Inspector to properly evaluate the
application. No permit shall be required for repairs to a single-family residence with
construction costs less than $5,000 unless the work involves: the addition, repair or
replacement of load -bearing structures; the addition, repair, replacement or change in the
design of plumbing systems; the addition, repair or replacement of heating, air conditioning or
electrical wiring, devices, appliances or equipment; the use of materials not permitted by
currently adopted North Carolina Residential Code; or the addition (excluding replacement, up
to the $5,000 limit as provided herein, of like -grade fire resistance) of roofing.
Section 3. State Building Code Adopted. All rules and regulations adopted by the
State of North Carolina as the current effective edition of North Carolina State Building Code as
referenced by the North Carolina Department of Insurance — Office of State Fire Marshall for
the proper construction and erection of all buildings and as provided in N.C.G.S. § 143-136
through 143-143.2, are hereby adopted by reference and shall control general construction the
same as if set out at length herein, except as amended or modified in this Chapter. The North

Montreat General Ordinances
Chapter J — Building Codes
Article I: General Building Regulations
Carolina State Building Code includes: NC Administrative Code and Policies, NC Building Code,
NC Residential Code, 2009 NC Rehabilitation Code, 1995 Existing Buildings Code; accessibility
provisions contained in current NC Building Code, Chapter 11 and Appendix E and 2003 ANSI
A117.1„ NC Electrical Code (current edition NFPA 70 — National Electrical Code), NC Energy
Conservation Code, State of North Carolina Regulations for Manufactured Homes, and NC Fire
Code. The North Carolina State Building Code Council may revise and amend the North Carolina
State Building Code, either on its own motion or upon application from any citizen, state agency
or political subdivision of the State. In adopting any amendment, the Council shall comply with
the same procedural requirements and standards set forth in N.C.G.S. §143-138 for adoption of
the Code, and such adoption shall be the current effective edition of the Code regulating
general construction for the Town, except as modified or amended in this Chapter.
Section 4. Green Building Incentive. Applicants for a building permit may provide
documentation that the proposed design(s) and construction practices will pursue Leadership in
Energy and Environmental Design (LEED) certification as approved by the U. S. Green Building
Council, a one Globe or higher rating under the Green Globes program standards adopted by
the Green Building Initiative, EarthCraft House certification, National Association of Home
Builders (NAHB) Green Home certification, or equivalent nationally or state recognized
certification or rating system with third -party verification of sustainable building practices.
Such applications are eligible for a partial rebate of permit fees dependent upon the level of
certification achieved and/or extent of sustainable practices utilized.
Proof of LEED certification shall result in a partial rebate of associated permit fees. The rebates
increase proportionate to the level of certification achieved:
• 10% Rebate for LEED Certified
• 15% Rebate for LEED Silver
• 20% Rebate for LEED Gold
• 25% Rebate for LEED Platinum
Incentives exist for other measures utilized as follows:
The total per -trade inspection fee(s) associated with the following shall be waived in the
form of a refund offered to applicants providing as -built verification of:
• Installation and approval of Geothermal Heat Pump Systems
• Installation and approval of Solar Energy Systems (Either Photovoltaic (PV) or Hot
Water)
• Installation and approval of Vertical -Axis Wind Turbines
• Installation and approval of Stormwater or Graywater Collection/Recycling Systems
91

Montreat General Ordinances
Chapter J — Building Codes
Article I: General Building Regulations
A 10% reduction in associated permit fees for construction projects shall be approved by the
Building Inspector if utilizing:
• Approved Clear Water Contractors
• HealthyBuilt Home Certification
• Mountain Council for Accountable Development (MCAD) Certified Developers
• Low Impact Development (LID) Design Concepts
Projects providing proof of equivalent nationally or state recognized certification or rating
systems with third -party verification of sustainable building practices may also be eligible for
comparable rebates proportionate to level of certification. Regular fees shall be paid in full
upon approval and rebated following certification. The use of developers or builders with
multiple, or overlapping, areas of training and credentials does not entitle an applicant to
accrue cumulative rebates. The applicant must specify the desired rebate or fee reduction in
writing during application for permit(s).
Section 5. Fuel Storage Tank. Any storage tank for gasoline, oil or other combustible or
inflammable materials shall meet the requirements of the North Carolina Building Code and
NFPA standards. The time frame to bring existing tanks into compliance with this Ordinance is
five years from the date of adoption of this Ordinance.
W

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER J - BUILDING CODES
ARTICLE II: MINIMUM HOUSING REGULATIONS
(Revised 1210912010)
Section 1. Authority, Purpose, and Scope.
(A) Pursuant to G.S. 160A-441, it is hereby found and declared that there exist in the
Town of Montreat dwellings which are unfit for human habitation due to dilapidation or defects
increasing the hazards of fire, accidents and other calamities, due to lack of ventilation, light
and sanitary facilities, and due to other conditions rendering the dwellings unsafe or
unsanitary, dangerous and detrimental to the health, safety and morals, and otherwise inimical
to the welfare of the residents of the Town, and that a public necessity exists to exercise the
police powers of the Town to repair, close or demolish such dwellings in accordance with the
procedure set out in this Chapter.
(B) In order to protect the health, safety and welfare of the residents of the Town as
authorized by Part 6 of Article 19, Chapter 160A of the General Statutes, it is the purpose of this
article to establish minimum standards of fitness for the initial and continued occupancy of all
buildings used for human habitation, as expressly authorized by G.S. 160A-444.
(C) The provisions of this article apply to all existing dwellings and all dwellings
hereafter constructed within the Town of Montreat, which are used or intended to be used for
human habitation.
(D) The provisions of this article also provide for the repair, closing or demolition of any
abandoned structure which the Board of Commissioners finds to be a health or safety hazard as
a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous
conditions constituting a threat to children or frequent use by vagrants as living quarters in the
absence of sanitary facilities.
Section 2. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article:
(A) Basement shall mean a portion of a building which is located partly underground,
having direct access to light and air from windows located above the level of the adjoining
ground.
(B) Boarding house shall mean a dwelling unit or part thereof where, for compensation,
lodging and meals are provided.
(C) Cellar shall mean a portion of a building located partly or wholly underground having
an inadequate access to light and air from windows located partly or wholly below the level of
the adjoining ground.
(D) Deteriorated shall mean that a dwelling is unfit for human habitation but can be
repaired, altered or improved to comply with all of the minimum standards established by this
article, at a cost not in excess of 50 percent of the current value of the dwelling, as determined
by finding of the Inspector.
93

Montreat General Ordinances
Chapter J — Building Codes
Article II: Minimum Housing Regulations
(E) Dilapidated shall mean that a dwelling is unfit for human habitation and cannot be
repaired, altered or improved to comply with all of the minimum standards established by this
article at a cost not in excess of 50 percent of the current value of the dwelling, as determined
by finding of the Inspector.
(F) Dwelling shall mean any Building, or portion thereof, which is designed for living
and/or sleeping purposes for one or more families, including but not limited to all dwelling
units and rooming units.
(G) Dwelling, Single -Family shall mean a detached dwelling unit, designed for or occupied
exclusively by one family including Vacation/Conference Rentals as allowed in Chapter H, Article II
of the General Ordinances of the Town of Montreat.
1) Dwelling, Two -Family shall mean a detached Building including two individual
dwelling units.
2) Dwelling, Multi -Family shall mean a dwelling intended or used for occupancy by
three or more families living independently of each other, with the number of families
in residence not exceeding the number of dwelling units provided.
(H) Dwelling Unit shall mean a single unit providing complete, independent living
facilities for one or more persons including permanent facilities for living, sleeping, eating,
cooking, and sanitation.
(1) Extermination shall mean the control and elimination of insects, rodents or other
pests by eliminating their harborage places: by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, or trapping or by any other
recognized and legal pest elimination methods approved by the Inspector.
0) Garbage shall mean the animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
(K) Habitable room shall mean a room or enclosed floor space used or intended to be
used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet
compartments, laundries, heater rooms, foyers, communicating corridors, closets and storage
spaces.
(L) Infestation shall mean the presence, within or around a dwelling, of any insects,
rodents or other pests in such number as to constitute a menace to the health, safety or
welfare of the occupants or the public.
(M) Inspector shall mean a Building Inspector of the Town or any agent of the Inspector
who is authorized by the Inspector.
(N) Let shall mean to rent to another for money or other valuable consideration.
(0) Net Free Ventilation Area shall mean the combined product of unobstructed clear
opening dimensions that permit the free flow of required ventilation air.
(P) Occupant shall mean any person living, sleeping, cooking or eating in, or having
actual possession of, a dwelling unit or rooming unit.

Montreat General Ordinances
Chapter J - Building Codes
Article II: Minimum Housing Regulations
(Q) Operator shall mean any person who has charge, care or control of a building, or
part thereof, in which dwelling units or rooming units are let.
(R) Owner shall mean any person who alone, jointly, or severally with others:
(i) Shall have title to any dwelling or dwelling unit, with or without accompanying
actual possession thereof; or
(ii) Shall have charge, care or control of any dwelling or dwelling unit, as owner or
agent of the owner, or as executor, administrator, trustee or guardian of the estate of
the owner. Any such person representing the actual owner in any capacity shall be
bound to comply with the provisions of this article, and of rules and regulations adopted
pursuant thereto, to the same extent as the owner.
(S) Plumbing shall mean and include all of the following supplied facilities and
equipment: Gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units
(mechanical sink grinder), waste pipes, water closets, sinks, installed dishwashers, lavatories,
bath tubs, shower baths, installed clothes washing machines, catch basin, drains, vents and any
other similar supplied fixtures, together with all connections to water, sewer or gas lines.
95

Montreat General Ordinances
Chapter J - Building Codes
Article II: Minimum Housing Regulations
(T) Public Authority shall mean the Town Board of Commissioners or any officer who is
in charge of any department or branch of the government of the Town or of Buncombe County
or the State of North Carolina relating to health, fire, building regulations or other activities
concerning dwellings in the Town.
(U) Rooming unit shall mean any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking or eating purposes.
(V) Rubbish shall mean combustible and noncombustible waste materials, except
garbage and ashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery
and dust.
(W) Supplied shall mean paid for, furnished, or provided by, or under the control of, the
owner or operator.
(X) Temporary housing shall mean any tent, trailer or other structure used for human
shelter which is designed to be transportable and which is not attached to the ground, to
another structure, or to any utilities system on the same premises for more than 30 consecutive
days.
(Y) Unfit for human habitation shall mean that conditions exist in a dwelling which
violate safety standards for sanitary condition or structural integrity or which pose a fire
hazardous condition or do not comply with the minimum standards of fitness of this article.
(Z) Meaning of certain words. Whenever the words "dwelling, dwelling unit, rooming
house, rooming unit, premises" are used in this article, they shall be construed as though they
were followed by the words "or any part thereof."
Section 3. Minimum Standards of Fitness. The Building Inspector may determine that a
dwelling is unfit for human habitation if he/she finds that conditions exist in the dwelling that
render it dangerous or injurious to the health, safety or morals of the occupants of the
dwelling, the occupants of neighboring dwellings, or other residents of the Town. Examples of
defective conditions could include, but are not limited to, defects that increase the likelihood of
fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation; structural defects; and uncleanliness. Without excluding other methods of
determining whether a dwelling is unfit for human habitation, the Building Inspector shall apply
the minimum standards set forth in Sections 4, 5, 6, 7, 8, 9, and 10 in determining whether a
dwelling is unfit. No person shall occupy a dwelling which does not meet the minimum
standards of fitness set forth in this article.
Section 4. Minimum Standards for Structural Condition.
(A) Walls, partitions or supporting members, sills, joists, rafters or other structural
members shall not list, lean or buckle and shall not be rotted, substantially deteriorated, or
damaged.
(B) Floors or roofs shall have adequate supporting members and strength to be
reasonably safe for the purpose used.
E

Montreat General Ordinances
Chapter J — Building Codes
Article II: Minimum Housing Regulations
(C) Foundations, foundation walls, piers or other foundation supports shall not be
substantially deteriorated or damaged.
(D) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained
in such condition that they will not fall or collapse.
(E) Adequate facilities for egress in case of fire or panic shall be provided.
(F) Interior walls and ceilings of all rooms, closets and hallways shall be finished of
suitable materials, which will, by use of reasonable household methods, promote sanitation
and cleanliness and shall be maintained in such a manner so as to enable the occupants to
maintain reasonable privacy between various spaces.
(G) The roof, flashings, exterior walls, basement walls, floors, and all doors and windows
exposed to the weather shall be constructed and maintained so as to be substantially weather
and watertight.
(H) There shall be no chimneys or parts thereof which are defective, deteriorated or in
danger of falling, or in such condition or location as to constitute a fire hazard. Chimneys that
do not meet these standards shall either be repaired or sealed so as to prevent unsafe
operation as a fuel -burning appliance.
(1) There shall be no use of the ground for floors, or wood floors on the ground.
Section 5. Minimum Standards for Basic Equipment and Facilities.
(A) Plumbing system.
(i) Each dwelling unit shall be connected to a potable water supply and to the
public sewer or other approved sewage disposal system.
97

Montreat General Ordinances
Chapter J — Building Codes
Article II: Minimum Housing Regulations
(ii) Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or
shower, water closet, and adequate supply of both cold water and hot water. All
water shall be supplied through an approved pipe distribution system connected to
a potable water supply.
(iii) All plumbing fixtures shall meet the standards of the N.C. Plumbing Code in
effect at the time of installation and shall be maintained in a state of good repair
and in good working order.
(iv) All required plumbing fixtures shall be located within the dwelling unit and
be accessible to the occupants of same. The water closet and tub or shower shall be
located in a room or rooms affording privacy to the user.
(B) Heating system. Every dwelling and dwelling unit utilized year-round and
properties let for rent utilized during the months of November through March shall have
facilities for providing heat in accordance with either (i) or (ii) below:
(i) Central and electric heating systems. Every central or electric heating system
shall be of sufficient capacity so as to maintain all habitable rooms, bathrooms and
water closet compartments in every dwelling unit to which it is connected at a
minimum temperature of 68 degrees Fahrenheit measured at a point three (3) feet
above the floor and two (2) feet from exterior walls during ordinary winter
conditions.
(ii) Other heating facilities. Where a central or electric heating system is not
provided, each dwelling and dwelling unit shall be provided with sufficient
fireplaces, chimneys, flues or gas vents whereby heating appliances may be
connected so as to maintain at least one habitable room at a minimum temperature
of 68 degrees Fahrenheit measured three (3) feet above the floor and two (2) feet
from exterior walls during ordinary winter conditions.
(C) Electrical system.
(i) Every dwelling and dwelling unit shall be wired for electric lights and
convenience receptacles. Every habitable room shall contain at least two (2) floor or
wall -type electric convenience receptacles, connected in such manner as prescribed
by the National Electrical Code ((NEC) - Volume IV of the N.C. State Building Code).
There shall be installed in every bathroom, water closet room, laundry room and
furnace room at least one (1) supplied ceiling or wall -type electric light fixture. In the
event wall or ceiling light fixtures are not provided in any habitable room, then each
such habitable room shall contain at least three (3) floor or wall -type electric
convenience receptacles.
(ii) Every public hall and stairway in every multi -family dwelling shall be
adequately lighted by electric lights at all times when natural daylight is not
sufficient.
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(iii) All fixtures, receptacles, equipment and wiring shall be maintained in a state
of good repair, safe, capable of being used and installed in accordance with the
National Electrical Code.
Dwelling units let as Vacation/Conference Rentals are required to comply with
additional Fire and Safety Code regulations detailed in Chapter H of Montreat General
Code of Ordinances, including Ground Fault Circuit Interrupter (GFCI) receptacle outlets
in all locations as prescribed by the NEC.
Section 6. Minimum Standards for Ventilation.
(A) General. Every habitable room with one or more exterior walls shall have at least
one (1) window or skylight facing directly to the outdoors which can easily be opened, or such
other device or means as will adequately ventilate the room. The total (aggregate) glazing area
of habitable rooms where provided as the means of ventilation shall be at least eight (8)
percent of the floor area of such rooms. Whenever walls or other portions of structures face a
window or any room and the light -obstructing structures are located less than five (5) feet from
the window and extend to a level above that of the ceiling of the room, such a window shall not
be deemed to face directly to the outdoors and shall not be included as contributing to the
required minimum total window area. Whenever a skylight or multiple skylights are the only
window(s) in a room, the total window area of the skylight(s) shall equal at least 15 percent of
the total floor area of the room.
(B) Habitable rooms. Every habitable room shall have at least one (1) window, skylight
or other comparable exterior opening which can easily be opened, or such other device or
means as will adequately ventilate the room. Habitable rooms with no exterior walls shall be
considered to meet the ventilation requirement if two doorways, windows or other adequately -
sized openings provide cross ventilation from connecting spaces with windows or skylights
opening to the outside. If natural light is not provided by means of a window or skylight, an
adequate source of artificial light shall be provided to meet this requirement. The minimum
aggregate net free ventilation area, measured between stops and sill to sash or from threshold
to header and jamb -to -jamb, for every habitable room shall be four (4) percent of the floor area
of the room. The total openable window area in every habitable room shall be equal to at least
45 percent of the minimum window area size or minimum skylight -type window size as
required, or shall have other approved, equivalent ventilation. In habitable sleeping rooms let
for rent, in no case shall the number of required openings, net clear openable area(s) and
dimensional requirement(s) be less than that specified in N.C. Residential Code (Volume VII of
the N.C. State Building Code) for emergency escape and rescue.
(C) Bathroom and water closet rooms. Every bathroom and water closet compartment
shall comply with the light and ventilation requirements for habitable rooms except that no
window or skylight shall be required in adequately ventilated bathrooms and water closet
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Section 7. Minimum Standards for Space, Use and Location.
(A) Room sizes. Every dwelling unit shall contain at least one habitable room with the
minimum room size as required by the N.C. Residential Code.
(i) Every dwelling unit shall contain at least 120 square feet of habitable floor
area for the first occupant, at least 100 square feet of additional habitable area for
each of the next three (3) occupants, and at least 75 square feet of additional
habitable floor area for each additional occupant.
(ii) In every dwelling unit and in every rooming unit, every room occupied for
sleeping purposes by one (1) occupant shall contain at least 70 square feet of floor
area, and every room occupied for sleeping purposes by more than one (1) occupant
shall contain at least 50 square feet of floor area for each occupant 12 years of age
and over and at least 35 square feet of floor area for each occupant under 12 years
of age.
(B) Ceiling height. Habitable rooms shall have a ceiling height of at least seven (7)
feet. At least one-half (1/2) of the floor area of every habitable room with sloped ceilings shall
have a ceiling height of at least seven (7) feet. Ceilings in basements may project to within six
(6) feet eight (8) inches of the finished floor; and beams, girders, ducts or other obstructions
may project to within six (6) feet four (4) inches of the finished floor. Attic spaces occupied for
sleeping purposes shall provide the required emergency escape and rescue opening in addition
to meeting the other dimensional requirements in order to be considered a habitable room.
(C) Floor area calculation. Floor area shall be calculated on the basis of habitable
room area. The floor area of any part of any room where the ceiling height is less than five (5)
feet shall not be considered as part of the required floor area contributing toward total area of
the room to determine maximum permissible occupancy.
(D) Cellar. No cellar shall be used for living purposes.
(E) Basements. No basement shall be used for living purposes unless:
(i) The floor and walls are substantially watertight;
(ii) The total window area and total openable window area within sleeping
rooms are at least the minimum required for emergency escape and rescue, and
ceiling height is equal to that required for habitable rooms;
(iii) The required minimum window area of every habitable room is entirely
above the grade adjoining the window area, except where the window or windows
face a stairwell, window well, or accessway.
Section 8. Minimum Standards for Safe and Sanitary Maintenance.
(A) Exterior foundation, walls and roofs. Foundation walls, exterior walls, and
exterior roofs shall be substantially weathertight and rodent proof; shall be kept in sound
condition and good repair; shall be capable of affording privacy; and shall be safe to use and
capable of supporting the load which normal use may cause to be placed thereon. Exterior
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walls shall be protected with paint or other protective covering to prevent the entrance or
penetration of moisture or the weather.
(B) Interior floors, walls and ceilings. The floors, interior walls and ceilings shall be
substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe
to use and capable of supporting the load which normal use may cause to be placed thereon.
(C) Windows and doors. The windows, exterior doors, basement or cellar doors,
and hatchways shall be substantially weathertight, watertight, and rodent proof and shall be
kept in sound working condition and good repair.
(D) Stairs, porches, and appurtenances. The outside and inside stairs, porches, and
any appurtenance thereto shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition and good repair.
(E) Bathroom floors. The bathroom floor surfaces and water closet compartment floor
surfaces shall be constructed and maintained so as to be reasonably impervious to water and so
as to permit the floor to be easily kept in a clean and sanitary condition.
(F) Supplied facilities. The supplied facilities, pieces of equipment, or utilities which
are required under this article shall be so constructed or installed that they will function safely
and effectively and shall be maintained in satisfactory working condition.
(G) Drainage. Yards shall be properly graded so as to drain thoroughly and so as to
prevent the accumulation of stagnant water.
(H) Egress. Every dwelling unit shall be provided with adequate means of egress as
required by N.C. Residential Code.
Section 9. Minimum Standards for Control of Insects, Rodents and
Infestations.
(A) Rodent control. Basement or cellar windows used or intended to be used for
ventilation, and other openings to a basement which might provide an entry for rodents, shall
be supplied with screens installed or such other approved device as will effectively prevent
their entrance.
(B) Infestation. Every occupant of a dwelling containing a single dwelling unit shall be
responsible for the extermination of any insects, rodents, or other pests therein or on the
premises; and every occupant of a dwelling unit in a dwelling containing more than one (1)
dwelling unit shall be responsible for such extermination whenever the occupant's dwelling unit
is the only one infested. Whenever infestation is caused by failure of the owner to maintain a.
dwelling in a rodent -proof or reasonably insect -proof condition, extermination shall be the
responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units
in any dwelling or in the shared or public parts of any dwelling containing two (2) or more
dwelling units, extermination shall be the responsibility of the owner.
Section 10. Minimum Standards Applicable to Boarding Houses; Exceptions.
All of the minimum standards and requirements and other provisions of this article shall be
applicable to boarding houses, and to every person who operates a boarding house or who
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occupies or lets to another for occupancy any rooming unit in any boarding house, except as
provided in the following subsections:
(A) Water closet, hand lavatory and bath facilities. At least one (1) water closet,
lavatory basin, and bathtub or shower, properly connected to an approved water and sewer
system and in good working condition, shall be supplied for each four (4) rooms within a
boarding house wherever the facilities are shared. All the facilities shall be located within the
residence building served and shall be directly accessible from a common hall or passageway
and shall be not more than one (1) story removed from any of the persons sharing the facilities.
Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all
times. The required facilities shall not be located in a cellar.
(6) Minimum floor area for sleeping purposes. Every room occupied for sleeping
purposes by one (1) occupant shall contain at least 70 square feet of floor area, and every room
occupied for sleeping purposes by more than one (1) occupant shall contain at least 50 square
feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor
area for each occupant under 12 years of age.
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(C) Sanitary conditions. The operator of every boarding house shall be responsible for
(i) the sanitary maintenance of all walls, floors and ceilings, (ii) the sanitary maintenance of
every other part of the boarding house; and (iii) the sanitary maintenance of the entire
premises where the boarding house is located.
(D) Sanitary facilities. Every water closet, flush urinal, lavatory basin, and bathtub or
shower required by subsection (1) of this section shall be located within the boarding house
and within a room or rooms which afford privacy and are separate from the habitable rooms,
and which are accessible from a common hall without going outside the boarding house or
through any other room therein.
Section 11. Responsibilities of Owners and Occupants.
(A) Public areas. Every owner of a dwelling containing two (2) or more dwelling units
shall be responsible for maintaining in a clean and sanitary condition the shared or public areas
of the dwelling and premises thereof.
(B) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and
sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he
occupies and controls.
(C) Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose
of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied
storage facilities. In all cases the owner shall be responsible for the availability of rubbish and
garbage storage facilities.
(D) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all
supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for
the exercise of reasonable care in the proper use and operation of same.
(E) Care of facilities, equipment and structure. No occupant shall willfully destroy,
deface, or impair any of the facilities or equipment, or any part of the structure of a dwelling or
dwelling unit.
Section 12. Duties of Building Inspector.
The Board of Commissioners designates the Building Inspector to exercise the powers and
duties prescribed by this Chapter and to enforce the provisions of this article. It shall be the
duty of the Building Inspector:
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(A) To investigate the dwelling conditions and to inspect dwellings and dwelling units
located in the Town, in order to determine which dwellings and dwelling units are unfit for
human habitation, and for the purpose of carrying out the objectives of this article with respect
to the dwellings and dwelling units;
(B) To take such action, together with other appropriate departments and agencies,
public and private, as may be necessary to effect rehabilitation of housing which is
deteriorated;
(C) To keep a record of the results of inspections made under this article and an inventory
of those dwellings that do not meet the minimum standards of fitness herein prescribed; and
(D) To perform such other duties as may be herein prescribed.
Section 13. Powers of Building Inspector.
The Building Inspector is authorized to exercise such powers as may be necessary or
convenient to carry out and effectuate the purpose and provisions of this article, including the
following powers in addition to others herein granted:
(A) To administer oaths and affirmations, examine witnesses and receive evidence;
(B) To enter upon premises for the purpose of making examinations and inspections;
provided, such entries shall be made in accordance with law and in such manner as to cause the
least possible inconvenience to the persons in possession; and
(C) To appoint and fix the duties of the officers, agents, and employees as the Building
Inspector deems necessary to carry out the purposes of this article.
Section 14. Inspections.
(A) Inspections Authorized. The Building Inspector shall make periodic inspections
according to the policy established by the Board of Commissioners for unsafe, unsanitary, or
otherwise hazardous and unlawful conditions in structures within the Town. In addition, the
Building Inspector shall make inspections when he/she has reason to believe that such
conditions exist in a particular structure. In exercising this power, the Building Inspector shall
have the right to enter any premises within the Town at all reasonable hours for the purposes
of inspection or other enforcement action, upon presentation of proper credentials. Upon
refusal after proper notice, the Building Inspector shall have the right to inspect pursuant to the
provisions of Article 4A, Chapter 15 of the North Carolina General Statutes.
(B) Duty of Owners and Occupants. The owner or occupant of every dwelling, dwelling
unit, or rooming unit, or the person in charge thereof, shall give the Building Inspector free
access to the dwelling, dwelling unit, or rooming unit, and its premises at all reasonable times
for the purposes of the inspection, examination and survey. Every occupant of a dwelling or
dwelling unit shall give the owner thereof, or their agent or employee, access to any part of the
dwelling or dwelling unit and its premises, at all reasonable times for the purpose of making the
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repairs or alterations as are necessary to effect compliance with the provisions of this article or
with any lawful order issued pursuant to the provisions of this article
Section 15. Procedure for Enforcement.
(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the
Building Inspector by a Public Authority or by at least five (5) residents of the Town charging
that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the
Building Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human
habitation the Building Inspector shall, if a preliminary investigation discloses a basis for the
charges, issue and cause to be served upon the owner of and parties in interest in such dwelling
or dwelling unit a complaint stating the charges and containing a notice that a hearing will be
held before the Building Inspector at a place in the Town therein fixed, not less than 10 nor
more than 30 days after the serving of the complaint. The owner or any party in interest shall
have the right to file an answer to the complaint and to appear in person or otherwise, and give
testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given
to at least one (1) of the persons signing a petition relating to the dwelling. Any person desiring
to do so may attend the hearing and give evidence relevant to the matter being heard. The
rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before
the Building Inspector.
(B) Procedure after hearing. After the notice and hearing, the Building Inspector shall
state in writing a determination as to whether such dwelling or dwelling unit is unfit for human
habitation, and, if so, whether it is deteriorated or dilapidated.
(i) If the Building Inspector determines that the dwelling or dwelling unit is
deteriorated, s/he shall state in writing findings of fact in support of the
determination. The Building Inspector shall issue and cause to be served upon the
owner thereof an order directing and requiring the owner to repair, alter, or
improve such dwelling or dwelling unit to comply with the minimum standards of
fitness established by this article within a specified period of time, not to exceed 90
days. The order may also direct and require the owner to vacate and close the
dwelling or dwelling unit until the repairs, alterations and improvements have been
made only if continued occupancy during the time allowed for repair will present a
significant threat of bodily harm, taking into account the nature of the necessary
repairs, alternations or improvements; the current state of the property; and any
additional risks due to the presence and capacity of minors under the age of 18 or
occupants with physical or mental disabilities. The order shall state that the failure
to make timely repairs as directed in the order shall make the dwelling subject to
the issuance of an unfit order under Section 15(c).
(ii) If the Building Inspector determines that the dwelling or dwelling unit is
dilapidated, s/he shall state in writing findings of fact to support the determination.
The Building Inspector shall issue and cause to be served upon the owner thereof an
order directing and requiring the owner to either repair, alter and improve such
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dwelling or dwelling unit to comply with the minimum standards of fitness
established by this article, or else vacate and remove or demolish the dwelling
within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(i) If the owner of any deteriorated or dilapidated dwelling or dwelling unit shall fail
to comply with an order of the Building Inspector to repair, alter or improve or to vacate
and close the dwelling within the time specified therein, the Building Inspector may
cause the dwelling to be repaired, altered or improved or to be vacated and closed in
accordance with the requirements of this article. The Building Inspector may cause to
be posted on the main entrance of any dwelling so closed, a placard with the following
words: "This building is unfit for human habitation; the use or occupation of this
building for human habitation is prohibited and unlawful." Occupation of a building so
posted shall constitute a Class 1 misdemeanor.
(ii) If the owner of a dilapidated dwelling shall fail to comply with an order of the
Building Inspector to remove or demolish the dwelling within the time specified therein,
the Building Inspector may cause the dwelling to be removed or demolished in
accordance with the requirements of this article.
(iii) The Building Inspector shall not exercise the duties set forth in the section until
the Board of Commissioners shall have by ordinance ordered the Building Inspector to
proceed to effectuate the purpose of this article. After failure of an owner of a
deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the
Building Inspector within the time specified therein, the Building Inspector shall submit
to the Board an ordinance ordering the Building Inspector to cause the dwelling or
dwelling unit which the Building Inspector has found to be unfit for human habitation to
be repaired, altered, and improved or vacated and closed or removed or demolished, as
provided in the original order of the Building Inspector. Upon adoption by the Board of
Commissioners, this ordinance shall be recorded in the Office of the Register of Deeds of
the county in which the dwelling is located and shall be indexed in the name of the
property owner in the grantor index. No ordinance shall be adopted to require
demolition of a dwelling until the owner has first been given a reasonable opportunity
to bring it into conformity with this article.
(iv) If the Board of Commissioners shall have adopted an ordinance ordering the
Building Inspector to cause a dwelling to be repaired, altered or improved or to be
vacated or closed or if the Building Inspector shall have issued an order ordering a
dwelling to be repaired or vacated and closed and if the dwelling has been vacated or
closed for a period of one year pursuant to the ordinance or order, then the Board of
Commissioners may, after the expiration of such one-year period, enact an ordinance if
the Board of Commissioners has found that the owner has abandoned the intent and
purpose to repair, alter or improve the dwelling in order to render it fit for human
habitation and that the continuation of the dwelling in its vacated and closed status
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would be inimical to the health, safety, morals and welfare of the Town in that the
dwelling would continue to deteriorate, would create a fire and safety hazard, would be
a threat to children and vagrants, would attract persons intent on criminal activities,
would cause or contribute to blight and the deterioration of property values in the area,
and would render unavailable property and a dwelling which might otherwise have been
made available to ease the persistent shortage of decent and affordable housing in
North Carolina. The Board of Commissioners shall serve such ordinance on the owner of
the dwelling. If the repair of the dwelling to render it fit for human habitation can be
made at a cost not exceeding fifty percent of the then current value of the dwelling, the
ordinance shall require that the owner either repair or demolish and remove the
dwelling within 90 days. If the repair of the dwelling to render it fit for human
habitation cannot be made at a cost not exceeding fifty percent of the then current
value of the dwelling, the ordinance shall require the owner to demolish and remove
the dwelling within 90 days. The ordinance shall be recorded in the Office of the
Register of Deeds in the county where the property is located and shall be indexed in
the name of the property owner in the grantor index. If the owner fails to comply with
this ordinance, the Building Inspector shall effectuate the purpose of the ordinance.
(v) If any occupant fails to comply with an order to vacate a dwelling, the Building
Inspector may file a civil action in the name of the Town to remove such occupant in
accordance with the requirements of G.S. Section 160A-443(7).
(vi) Whenever a determination has been made that a dwelling must be vacated
and closed or removed or demolished under provisions of this article, notice of the
order shall be given by first-class mail to any organization involved in providing or
restoring dwellings for affordable housing that has filed a written request for such
notices. The notice shall be given in accordance with the requirements of G.S. Section
160A-443(8).
(D) If any dwelling is erected, constructed, altered, repaired, converted, maintained, or
used in violation of this section or of any valid order or decision of the Building Inspector of the
Board made pursuant to this section, the Building Inspector or Board may institute any
appropriate action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration or use, to restrain, correct or abate the violation, to prevent the
occupancy of the dwelling, or to prevent any illegal act, conduct or use in or about the premises
of the dwelling.
Section 16. Methods of Service of Complaints or Orders.
Complaints or orders issued by the Building Inspector under this article shall be served upon
persons either personally or by registered or certified mail, but if the whereabouts of such
persons or the identities of the owners are unknown and cannot be ascertained by the
Inspector in the exercise of reasonable diligence, the Building Inspector shall make an affidavit
to that effect, and the serving of the complaint or order upon such person may be made by
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publication in a newspaper having general circulation in the Town at least once no later than
the time at which personal service would be required under the provisions of this article.
Where service is made by publication, a notice of the pending proceedings shall be posted in a
conspicuous place on the premises affected by the complaint or order.
Section 17. Costs, a Lien on Premises.
As provided by G.S. 160A-443(6), the amount of the cost of any repairs, alterations, or
improvements, or vacating and closing, or removal or demolition, caused to be made or done
by the Building Inspector pursuant to section 15(C) of this article shall be a lien against the real
property upon which the cost was incurred. The lien shall be filed, have the same priority, and
be collected as the lien for special assessment as provided by Article 10, Chapter 160A of the
General Statutes.
If the real property upon which the cost was incurred is located in the Town, then the amount
of the cost is also a lien on any other real property of the owner located within the Town limits
or one mile thereof, except for the owner's primary residence. This lien is inferior to all prior
liens and shall be collected as a money judgment.
If the dwelling is removed or demolished by the Building Inspector, he/she shall sell the
materials of the dwelling and any personal property, fixtures or appurtenances found in or
attached to the dwelling. The Building Inspector shall credit the proceeds of the sale against
the cost of the removal or demolition. The Building Inspector shall deposit any remaining
balance in the superior court, secured in a manner directed the court, and distributed by the
court to the persons found to be entitled thereto by final order or decree of the court. Nothing
in this section shall be construed to impair or limit in any way the power of the Town to define
and declare nuisances and cause their removal or abatement by summary proceedings or
otherwise.
Section 18. Appeals from Orders of Inspector.
(A) An appeal from any decision or order of the Building Inspector may be taken by any
person aggrieved thereby or by any officer or board of the Town. Any appeal from the Building
Inspector shall be taken within 10 days from the rendering of the decision or service of the
order and shall be taken by filing with the Building Inspector and with the Zoning Board of
Adjustment (the "Board") a notice of appeal which shall specify the grounds upon which the
appeal is based. Upon the filing of any notice of appeal, the Building Inspector shall forthwith
transmit to the Board all the papers constituting the record upon which the decision appealed
from was made. When appeal is from a decision of the Building Inspector refusing to allow the
person aggrieved thereby to do any act, his decision shall remain in force until modified or
reversed. When any appeal is from a decision of the Building Inspector requiring the person
aggrieved to do any act, the appeal shall have the effect of suspending the requirement until
the hearing by the Board, unless the Building Inspector certifies to the Board, after the notice of
appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which
shall be furnished the appellant), a suspension of this requirement would cause imminent peril
to life or property, in which case the requirement shall not be suspended except by a
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restraining order, which may be granted for due cause shown upon not less than one (1) day's
written notice to the Building Inspector, by the Board, or by a court of record upon petition
made pursuant to G.S. 160A-446(f) and subsection (5) of this section.
(B) Hearing of Appeals. The Board shall fix a reasonable time for the hearing of
all appeals, shall give due notice to all the parties, and shall render its decision within a
reasonable time. Any party may appear in person or by agent or attorney. The Board may
reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may
make such decision and order as in its opinion ought to be made in the matter, and to
that end it shall have all the powers of the Building Inspector; but the concurring vote of four
(4) members of the Board shall be necessary to reverse or modify any decision or order of the
Building Inspector. The Board shall have power also in passing upon appeals, when practical
difficulties or unnecessary hardships would result from carrying out the strict letter of the
ordinance, to adapt the application of the ordinance to the necessities of the case to the end
that the spirit of the ordinance shall be observed, public safety and welfare secured, and
substantial justice done.
(C) Every decision of the Board shall be subject to review by proceedings in the nature of
certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(D) Petition to superior court by owner. Any person aggrieved by an order issued by the
Building Inspector or a decision rendered by the Board shall have the right, within 30 days after
issuance of the order or rendering of the decision, to petition the superior court for a
temporary injunction restraining the Building Inspector pending a final disposition of the cause,
as provided by G.S. 160A-446(f).
Section 19. Alternative Remedies.
Neither this article nor any of its provisions shall be construed to impair or limit in any way
the power of the Town to define and declare nuisances and to cause their abatement by
summary action or otherwise, or to enforce this ordinance by criminal process as authorized by
G.S. 14-4 and section 22 of this article, and the enforcement of any remedy provided herein
shall not prevent the enforcement of any other remedy or remedies provided herein or in other
ordinances or laws.
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ARTICLE III: NON-RESIDENTIAL BUILDINGS
(Revised 1210912010)
Section 1. Authority, Purpose, and Scope.
(A) Pursuant to G.S. 160A-439, if the Board of Commissioners of the Town of Montreat
finds that any nonresidential building or structure fails to meet minimum standards of
maintenance, sanitation and safety due to conditions that are dangerous or injurious to public
health, safety, and welfare as defined herein, then it may determine that a public necessity
exists to exercise the police powers of the Town to repair, close or demolish such buildings or
structures in accordance with the procedure set out in this Chapter.
(B) In order to protect the health, safety and welfare of the residents of the Town as
authorized by Part 5 of Article 19, Chapter 160A of the General Statutes, it is the purpose of this
article to establish minimum standards of maintenance, sanitation and safety for the initial and
continued occupancy and use of all nonresidential buildings within the corporate limits of the
Town, as expressly authorized by G.S. 160A-439.
(C) The provisions of this article shall apply to all existing nonresidential buildings or
structures used or intended for supporting or sheltering any use or occupancy, and any
nonresidential building or structure hereafter constructed within the Town of Montreat.
Section 2. Definitions.
Note: The following definitions are understood to be a supplement to those contained in
the foregoing Article II: Minimum Housing Regulations and all terms shall apply in the
interpretation and enforcement of this article in their entirety:
(A) Accessory Building shall mean a building that: (i) is clearly incidental to and customarily
found in connection with a principal building; (ii) is subordinate to and serves a principal
building; (iii) is subordinate in area, extent, or purpose to the principal building served; (iv)
contributes to the comfort, convenience, or necessity of occupants in the principal building
served; and (v) is located on the same lot as the principal building served.
(B) Building shall mean any Structure, fully or partially enclosed, and isolated by exterior
walls constructed, used or intended for supporting or sheltering any use or occupancy,
including tents, trailers, mobile homes, and similar Structures whether stationary or movable.
(C) Historic Building shall mean buildings that are listed in or eligible for listing in the
National Register of Historic Places, or designated as historic under an appropriate state or local
law.
(D) Parties in Interest shall mean all individuals, associations, and corporations who have
interests of record in a nonresidential building or structure and any who are in possession
thereof.
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(E) Principal Building shall mean a Building in which is conducted the principle use of the
parcel on which it is situated.
(F) Structure shall mean anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a permanent location
on the ground, including fences, business signs, and billboards.
(G) Trailer shall mean any vehicle or structure capable of moving or being moved, over
street and highways on its own wheels or on flat beds or other carriers, which is designed to be
utilized to:
(i) Provide temporary quarters for the conduct of business, profession, trade or
occupation; or
(ii) Serve as a carrier of people, new or used goods, products, or equipment.
(H) Use shall mean the purpose or activity for which land or Buildings are designed,
arranged, or intended or for which land or Buildings are occupied or maintained.
Section 3. Duties of Building Inspector.
The Board of Commissioners designates the Building Inspector to exercise the powers and
duties prescribed by this Chapter and to enforce the provisions of this article. It shall be the
duty of the Building Inspector:
(A) To investigate and to inspect nonresidential buildings and structures located in the
Town, in order to determine which fail to meet the minimum standards described in this
Chapter, and for the purpose of carrying out the objectives of this article with respect to
nonresidential buildings and structures;
(B) To take such action, together with other appropriate departments and agencies,
public and private, as may be necessary to effect rehabilitation of nonresidential buildings and
structures which are defective;
(C) To keep a record of the results of inspections made under this article and an inventory
of those structures that do not meet the minimum standards of maintenance, sanitation and
safety herein prescribed; and
(D) To perform such other duties as may be herein prescribed.
Section 4. Powers of Building Inspector.
The Building Inspector is authorized to exercise such powers as may be necessary or
convenient to carry out and effectuate the purpose and provisions of this article, including the
following powers in addition to others herein granted:
(A) To administer oaths and affirmations, examine witnesses and receive evidence;
(B) To enter upon premises for the purpose of making examinations and inspections;
provided, such entries shall be made in accordance with law and in such manner as to cause the
least possible inconvenience to the persons in possession; and
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(C) To appoint and fix the duties of the officers, agents, and employees as the Building
Inspector deems necessary to carry out the purposes of this article.
Section 5. Minimum Standards of Fitness.
The Building Inspector may determine that a nonresidential building or structure is unfit for
occupancy or use if he/she finds that conditions exist that render it dangerous or injurious to
the health or safety of the occupants of the building, the occupants of neighboring buildings, or
other residents of the Town. Examples of defective conditions could include, but are not
limited to, defects that increase the likelihood of fire, accident, or other calamities; dilapidation;
structural defects; and uncleanliness. Without excluding other methods of determining
whether a nonresidential building or structure is unfit for occupancy or use, the Building
Inspector shall apply the minimum standards set forth in Sections 6, 7, 8, and 9 in determining
whether a structure is unfit. No person shall occupy or use a nonresidential building or
structure which does not meet the minimum standards of fitness set forth in this article.
Section 6. Minimum Standards for Structural Condition.
(A) Walls, partitions or supporting members, sills, joists, rafters or other structural
members shall not list, lean or buckle and shall not be rotted, substantially deteriorated, or
damaged.
(B) Floors or roofs shall have adequate supporting members and strength to be reasonably
safe for the purpose used.
(C) Foundations, foundation walls, piers or other foundation supports shall not be
substantially deteriorated or damaged.
(D) Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in
such condition that they will not fall or collapse.
(E) Adequate facilities for egress in case of fire or panic shall be provided.
(F) There shall be no chimneys or parts thereof which are defective, deteriorated or in
danger of falling, or in such condition or location as to constitute a fire hazard. Chimneys that
do not meet these standards shall either be repaired or sealed so as to prevent unsafe
operation as a fuel -burning appliance.
Section 7. Minimum Standards for Basic Equipment and Facilities.
(A) Plumbing system.
(i) Occupied buildings with installed plumbing shall be connected to a potable
water supply consisting of the public water system and the public sewer unless
otherwise approved.
(ii) All water shall be supplied through an approved pipe distribution system
connected to a potable water supply.
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(iii) All plumbing fixtures shall meet the standards of the N.C. Plumbing Code in
effect at the time of installation and shall be maintained in a state of good repair and in
good working order.
(iv) All required plumbing fixtures shall be located within the building and be
accessible to the occupants of same.
(B) Electrical system. Occupied building required to provide electric lights,
convenience receptacles, or other related systems shall do so as prescribed by the National
Electrical Code ((NEC) - Volume IV of the N. C. State Building Code), and all fixtures, receptacles,
equipment and wiring shall be maintained in a state of good repair, safe, capable of being used
and installed in accordance with the NEC.
Section 8. Minimum Standards for Safe and Sanitary Maintenance.
(A) Exterior foundation, walls and roofs. Foundation walls, exterior walls, and
exterior roofs shall be substantially weathertight and rodent proof; shall be kept in sound
condition and good repair; and shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon.
(B) Interior floors, walls and ceilings. The floors, interior walls and ceilings shall be
substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe
to use and capable of supporting the load which normal use may cause to be placed thereon.
(C) Windows and doors. The windows, exterior doors, basement or cellar doors,
and hatchways shall be substantially weathertight, watertight, and rodent proof and shall be
kept in sound working condition and good repair.
(D) Stairs, porches, and appurtenances. The outside and inside stairs, porches, and
any appurtenance thereto shall be safe to use and capable of supporting the load that normal
use may cause to be placed thereon and shall be kept in sound condition and good repair.
(E) Bathroom floors. The bathroom floor surfaces and water closet compartment floor
surfaces shall be constructed and maintained so as to be reasonably impervious to water and so
as to permit the floor to be easily kept in a clean and sanitary condition.
(F) Supplied facilities. The supplied facilities, pieces of equipment, or utilities which
are required under this article and/or any adopted requirements in effect at the time of
construction, shall be so constructed or installed that they will function safely and effectively
and shall be maintained in satisfactory working condition.
(G) Egress. Every building shall be provided with adequate means of egress as
required by N.C. Building Code.
Section 9. Minimum Standards for Control of Insects, Rodents and
Infestations.
(A) Rodent control. Basement or cellar windows used or intended to be used for
ventilation, and other openings to a basement which might provide an entry for rodents, shall
be supplied with screens installed or such other approved device as will effectively prevent
their entrance.
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(B) Infestation. Every occupant of a nonresidential building or structure shall be
responsible for the extermination of any insects, rodents, or other pests therein or on the
premises; and every occupant of a nonresidential building containing more than one (1)
occupied unit shall be responsible for such extermination whenever the occupant's unit is the
only one infested. Whenever infestation is caused by failure of the owner to maintain a
nonresidential building or structure in a rodent -proof or reasonably insect -proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or
more of the units in any nonresidential building or structure or in the shared or public parts of
said occupancy containing two (2) or more units, extermination shall be the responsibility of the
owner.
Section 10. Procedure for Enforcement.
(A) Preliminary investigation; notice; hearing. Whenever it appears to the Building
Inspector that any nonresidential building or structure has not been properly maintained so
that the safety or health of its occupants or members of the general public are jeopardized for
failure of the property to meet the minimum standards established herein, the Building
Inspector shall conduct a preliminary investigation. If the preliminary investigation discloses
evidence of a violation of the minimum standards, the Building Inspector shall issue and cause
to be served upon the owner of and parties in interest in such nonresidential building or
structure a complaint stating the charges and containing a notice that a hearing will be held
before the Building Inspector at a place in the Town therein fixed, not less than 10 nor more
than 30 days after the serving of the complaint. The owner or any party in interest shall have
the right to file an answer to the complaint and to appear in person or otherwise, and give
testimony at the place and time fixed in the complaint. Any person desiring to do so may attend
the hearing and give evidence relevant to the matter being heard. The rules of evidence
prevailing in courts of law or equity shall not be controlling in hearings before the Building
Inspector.
(B) Procedure after hearing. After the notice and hearing, the Building Inspector shall
state in writing a determination as to whether such nonresidential building or structure is unfit
for occupancy or use, and, if so, shall issue and cause to be served an order to the property
owner of and parties in interest in the nonresidential building or structure to take remedial
action, within the time specified herein, subject to the procedures and limitations as follows:
(i) The Building Inspector may issue an order that the nonresidential building or
structure be repaired, altered, or improved in order to bring it into compliance with the
minimum standards established herein, or to vacate or close the nonresidential building
or structure for any use, if evidence is provided that the cost of repairs does not exceed
fifty percent (50%) of the current value.
(ii) If evidence is provided to the Building Inspector that the cost of repair,
alteration, or improvement of the nonresidential building or structure is in excess of fifty
percent (50%) of its current value, he/she may require the owner or parties in interest
to remove or demolish said building or structure. Notwithstanding any other provision
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of law, if the nonresidential building or structure is designated as a local historic
landmark, listed in the National Register of Historic Places, or located in a locally
designated G.S. 160A-439 Page 2 historic district or in a historic district listed in the
National Register of Historic Places and the Board of Commissioners determines, after a
public hearing as provided by ordinance, that the nonresidential building or structure is
of individual significance or contributes to maintaining the character of the district, and
the nonresidential building or structure has not been condemned as unsafe, the order
may require that the nonresidential building or structure be vacated and closed until it is
brought into compliance with the minimum standards established by the governing
body.
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(C) Failure to comply with order.
(i) If the owner of any defective nonresidential building or structure shall fail to
comply with an order of the Building Inspector to repair, alter or improve or to vacate
and close the nonresidential building or structure within the time specified therein, the
Board of Commissioners may adopt an ordinance ordering the Building Inspector to
effectuate the purpose of this section with respect to the particular property or
properties found to be jeopardizing the health or safety of its occupants or members of
the general public. The property or properties shall be described in the ordinance. The
ordinance shall be recorded in the office of the register of deeds and shall be indexed in
the name of property owner or owners in the grantor index. Following adoption of the
ordinance, the Building Inspector may cause the building or structure to be repaired,
altered or improved or to be vacated and closed. The Building Inspector may cause to
be posted on the main entrance of any nonresidential building or structure so closed, a
placard with the following words: "This building is unfit for any use; the use or
occupation of this building for any purpose is prohibited and unlawful." Any person
who occupies or knowingly allows the occupancy of a building so posted shall be guilty
of a Class 3 misdemeanor.
(ii) If the owner fails to comply with an order of the Building Inspector to remove or
demolish the nonresidential building or structure within the time specified therein, the
Board of Commissioners may adopt an ordinance ordering the Building Inspector to
effectuate the purpose of this section with respect to the particular property or
properties found to be jeopardizing the health or safety of its occupants or members of
the general public. No ordinance shall be adopted to require demolition of a
nonresidential building or structure until the owner has first been given a reasonable
opportunity to bring it into conformity with the minimum standards established herein.
The property or properties shall be described in the ordinance. The ordinance shall be
recorded in the office of the register of deeds and shall be indexed in the name of
property owner or owners in the grantor index. Following adoption of the ordinance,
the Building Inspector may cause the building or structure to be removed or
demolished.
(iii) If the Board of Commissioners shall have adopted an ordinance ordering the
Building Inspector to cause a nonresidential building or structure to be repaired, altered
or improved or to be vacated or closed or if the Building Inspector shall have issued an
order ordering a nonresidential building or structure to be repaired or vacated and
closed and if the nonresidential building or structure has been vacated or closed for a
period of two years pursuant to the ordinance or order, then the Board of
Commissioners may, after the expiration of such two-year period, enact an ordinance if
the Board of Commissioners has found that the owner has abandoned the intent and
purpose to repair, alter or improve the nonresidential building or structure in order to
render it fit for occupancy or use and that the continuation of the nonresidential
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building or structure in its vacated and closed status would be inimical to the health,
safety and welfare of the Town in that the nonresidential building or structure would
continue to deteriorate, would create a fire and safety hazard, would be a threat to
children and vagrants, would attract persons intent on criminal activities, would cause
or contribute to blight and the deterioration of property values in the area. The Board
of Commissioners shall serve such ordinance on the owner of the nonresidential
building or structure. If the repair of the nonresidential building or structure to render it
fit for occupancy or use can be made at a cost not exceeding fifty percent of the then
current value, the ordinance shall require that the owner either repair or demolish and
remove the nonresidential building or structure within 90 days. If the repair of the
nonresidential building or structure to render it fit for occupancy or use cannot be made
at a cost not exceeding fifty percent of the then current value, the ordinance shall
require the owner to demolish and remove the nonresidential building or structure
within 90 days. The ordinance shall be recorded in the Office of the Register of Deeds in
the county where the property is located and shall be indexed in the name of the
property owner in the grantor index. If the owner fails to comply with this ordinance,
the Building Inspector shall effectuate the purpose of the ordinance.
(iv) Complaints or orders issued by the Building Inspector pursuant to an ordinance
adopted under this section shall be served upon persons either personally or by
registered or certified mail so long as the means used are reasonably designed to
achieve actual notice. When service is made by registered or certified mail, a copy of
the complaint or order may also be sent by regular mail. Service shall be deemed
sufficient if the registered or certified mail is refused, but the regular mail is not
returned within 10 days after mailing. If regular mail is used, a notice of the pending
proceedings shall be posted in a conspicuous place on the premises affected. If the
identities of any owners is or the whereabouts of persons are unknown and cannot be
ascertained by the Building Inspector in the exercise of reasonable diligence, and the
Building Inspector makes an affidavit to that effect, the serving of the complaint or
order upon the owners or other persons may be made by publication in a newspaper
having general circulation in the city at least once no later than the time that personal
service would be required under this section. When service is made by publication, a
notice of the pending proceedings shall be posted in a conspicuous place on the
premises affected.
(v) If any occupant fails to comply with an order to vacate a nonresidential
building or structure, the Building Inspector may file a civil action in the name of the
Town to remove such occupant in accordance with the requirements of G.S. Section
160A-439(j).
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(vi) The Board of Commissioners may impose civil penalties against any
person or entity that fails to comply with an order entered pursuant to this section.
However, the imposition of civil penalties shall not limit the use of any other lawful
remedies available to the Board for the enforcement of any ordinances adopted
pursuant to this section.
(D) Costs, a Lien on Premises. As provided by G.S. 160A-439(i), the amount of the
cost of any repairs, alterations, or improvements, or vacating and closing, or removal or
demolition, caused to be made or done by the Building Inspector pursuant to section 8(C) of
this article shall be a lien against the real property upon which the cost was incurred. The lien
shall be filed, have the same priority, and be collected as the lien for special assessment as
provided by Article 10, Chapter 160A of the General Statutes.
If the real property upon which the cost was incurred is located in the Town, then the amount
of the cost is also a lien on any other real property of the owner located within the Town limits
except for the owner's primary residence. This lien is inferior to all prior liens and shall be
collected as a money judgment.
If the nonresidential building or structure is removed or demolished by the Building Inspector,
he/she shall sell the resulting materials and any personal property, fixtures or appurtenances
found therein or attached thereto. The Building Inspector shall credit the proceeds of the sale
against the cost of the removal or demolition. The Building Inspector shall deposit any
remaining balance in the superior court, secured in a manner directed the court, and
distributed by the court to the persons found to be entitled thereto by final order or decree of
the court. Nothing in this section shall be construed to impair or limit in any way the power of
the Town to define and declare nuisances and cause their removal or abatement by summary
proceedings or otherwise.
(E) Appeals. Any appeals may be taken from any decision or order of the Building
Inspector to the Zoning Board of Adjustment. Any person aggrieved by a decision or order of
the Building Inspector shall have the remedies provided in G.S. 160A-446.
(F) Violations; Penalty_
(i) It shall be unlawful for the owner of any non-residential building or structure to
fail, neglect, refuse to repair, alter, or improve the same, or to vacate and close, or to
remove or demolish the same, upon order of the Building Inspector duly made and
served as herein provided, within the time specified in the order; and each day that any
such failure, neglect, or refusal to comply with the order continues shall constitute a
separate and distinct offense. It shall be unlawful for the owner of any non-residential
building or structure with respect to which an order has been issued pursuant to section
15 of this article, to occupy or permit the occupancy or use of the same after the time
prescribed in the order for its repair, alteration, improvement or its vacation and
closing; and each day that the occupancy or use continues after the prescribed time
shall constitute a separate and distinct offense.
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(ii) The violation of any provision of this article shall constitute a misdemeanor, as
provided by G.S. 14-4.
(G) Funding. The Board of Commissioners is authorized to make appropriations from
its revenues necessary to carry out the purposes of this section and may accept and apply
grants or donations to assist in carrying out the provisions of the ordinances adopted by the
Boa rd
(H) No Effect on Just Compensation for Taking by Eminent Domain. Nothing in this
section shall be construed as preventing the owner or owners of any property from receiving
just compensation for the taking of property by the power of eminent domain under the laws
of this State, nor as permitting any property to be condemned or destroyed except in
accordance with the police power of the State.
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CHAPTER J - BUILDING CODES
ARTICLE IV: GENERAL PROVISIONS
(Revised 1210912010)
Section 1. Conflict with Other Provisions.
In the event any provision, standard, or requirement of this article is found to be in conflict
with any provision of any other ordinance or code of the Town, the provision which establishes
the higher standard or more stringent requirement for the promotion and protection of the
health and safety of the residents of the Town shall prevail.
Section 2. Severability.
If any provision of this article is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, the provision shall be deemed a separate, independent
provision and the holding shall not affect the validity of any other provision hereof, and to that
end, the provisions of this article are hereby declared to be severable.
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CHAPTER K - ENVIRONMENT
ARTICLE I: FLOOD DAMAGE PREVENTION ORDINANCE
(Revised 1113012009)
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
That pursuant to authority granted by the Legislature of the State of North Carolina as
contained in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A;
and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local
governmental units the responsibility to adopt regulations designed to promote the public
health, safety, and general welfare.
Therefore, the Board of Commissioners of the Town of Montreat, North Carolina, does ordain
as follows:
SECTION B. FINDINGS OF FACT.
(1) The flood prone areas within the jurisdiction of the Town of Montreat are subject to
periodic inundation which results in loss of life, property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
of flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities and by the occupancy in flood prone
areas of uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by
provisions designed to:
(1) restrict or prohibit uses that are dangerous to health, safety, and property due to water
or erosion hazards or that result in damaging increases in erosion, flood heights or
velocities;
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(2) require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
(4) control filling, grading, dredging, and all other development that may increase erosion
or flood damage; and
(5) prevent or regulate the construction of flood barriers that will unnaturally divert flood
waters or which may increase flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are to:
(1) protect human life, safety, and health;
(2) minimize expenditure of public money for costly flood control projects;
(3) minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) minimize prolonged business losses and interruptions;
(5) minimize damage to public facilities and utilities (i.e. water and gas mains, electric,
telephone, cable and sewer lines, streets, and bridges) that are located in flood prone
areas;
(6) help maintain a stable tax base by providing for the sound use and development of flood
prone areas; and
(7) ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
ARTICLE 2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted
so as to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
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"Accessory Structure (Appurtenant Structure)" means 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)" means an extension or increase in the floor area or height of
a building or structure.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any
provision of this ordinance.
"Area of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)".
"Basement" means any area of the building having its floor subgrade (below ground level) on all
sides.
"Base Flood" means the flood having a one (1) percent chance of being equaled or exceeded in
any given year.
"Base Flood Elevation (BFE)" means 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".
"Building" see "Structure".
"Chemical Storage Facility" means a building, portion of a building, or exterior area adjacent to
a building used for the storage of any chemical or chemically reactive products.
"Development" means 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.
"Disposal" means, as defined in NCGS 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 groundwaters.
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"Elevated Building" means 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" means 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" means 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 initial effective date of the floodplain management regulations adopted
by the community.
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters; and/or
(2) the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood Insurance" means the insurance coverage provided under the National Flood Insurance
Program.
"Flood Insurance Rate Map (FIRM)" means 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)" means 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.
"Floodplain" means any land area susceptible to being inundated by water from any source.
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain
management regulations.
"Floodplain Development Permit" means any type of permit that is required in conformance
with the provisions of this ordinance, prior to the commencement of any development activity.
"Floodplain Management" means the operation of an overall program of corrective and
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Article I: Flood Damage Prevention Ordinance
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" means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances, and
other applications of police power. This term describes Federal, State or local regulations, in
any combination thereof, which provide standards for preventing and reducing flood loss and
damage.
"Flood proofing" means 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" means 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.
"Flood Zone" means 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.
"Freeboard" means 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, blockage of bridge openings,
and the hydrological effect of urbanization of the watershed. The Base Flood Elevation plus the
freeboard establishes the "Regulatory Flood Protection Elevation".
"Functionally Dependent Facility" means a facility which cannot be used for its intended
purpose unless it is located in close proximity to water, limited to 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 Management Facility" means a facility, as defined in NCGS 130A, Article 9,
for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous
waste.
"Highest Adjacent Grade (HAG)" means the highest natural elevation of the ground surface,
prior to construction, immediately next to the proposed walls of the structure.
"Historic Structure" means any structure that is:
(a) listed individually in the National Register of Historic Places (a listing maintained
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by the US Department of Interior) or preliminarily determined by the Secretary
of Interior as meeting the requirements for individual listing on the National
Register;
(b) certified or preliminarily determined by the Secretary of 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 US 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.
"Lowest Adjacent Grade (LAG)" means the elevation of the ground, sidewalk or patio slab
immediately next to the building, or deck support, after completion of the building.
"Lowest Floor" means 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 ordinance.
"Manufactured Home" means 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" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Market Value" means 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.
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"Mean Sea Level" means, for purposes of this ordinance, 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" means structures for which the "start of construction" commenced on or
after the effective date of the initial floodplain management regulations and includes any
subsequent improvements to such structures.
"Non -Encroachment Area" means 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 as designated in the Flood
Insurance Study report.
"Person" means an individual, corporation, business trust, estate, partnership, limited liability
company, association, joint venture, government, governmental subdivision, agency or
instrumentality, public corporation or any other legal or commercial entity.
"Post -FIRM" means construction or other development for which the "start of construction"
occurred on or after the effective date of the initial Flood Insurance Rate Map.
"Pre -FIRM" means construction or other development for which the "start of construction"
occurred before the effective date of the initial Flood Insurance Rate Map.
"Principally Above Ground" means that at least 51% of the actual cash value of the structure is
above ground.
"Public Safety" and/or "Nuisance" means 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)" means a vehicle, which is:
(a) built on a single chassis;
(b) 400 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.
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"Reference Level" is the bottom of the lowest horizontal structural member of the lowest floor
for structures within all Special Flood Hazard Areas. Designated as Zone Al-A30, AE, A, A99 or
AO.
"Regulatory Flood Protection Elevation" means 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 (2) feet of freeboard. In "Special Flood
Hazard Areas" where no BFE has been established, this elevation shall be at least two (2) feet
above the highest adjacent grade.
"Remedy a Violation" means 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.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
"Salvage Yard" means 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" means any facility involved in the disposal of solid waste, as
defined in NCGS 130A-290(a)(35).
"Solid Waste Disposal Site" means, as defined in NCGS 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)" means the land in the floodplain subject to a one percent
(1%) or greater chance of being flooded in any given year as determined in Article 3, Section B
of this ordinance.
"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 other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
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preparation, such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include 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. 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.
"Structure" means a walled and roofed building, a manufactured home, or a gas, liquid, or
liquefied gas storage tank that is principally above ground.
"Substantial Damage" means 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 50 percent of the market value of the structure before the damage occurred. See
definition of "substantial improvement". Substantial damage also means flood -related damage
sustained by a structure on two separate occasions during a 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 of
the market value of the structure before the damage occurred
"Substantial Improvement" means 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 percent 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.
"Variance" is a grant of relief from the requirements of this ordinance.
"Violation" means 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
Articles 4 and 5 is presumed to be in violation until such time as that documentation is
provided.
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"Watercourse" means 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.
"Water Surface Elevation (WSE)" means the height, in relation to mean sea level, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Zone A" designates the flood hazard area without base flood elevations established.
"Zone AE" is the 1% annual chance (100-year) floodplain with base flood elevations established.
"Zone X- Shaded" is the 0.2% annual chance (500-year) floodplain.
"Zone X- Unshaded" designates areas outside the 500-year floodplain.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES.
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of the Town
of Montreat and the unincorporated areas of Buncombe County located within the
extraterritorial jurisdiction of Montreat.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its Flood insurance Study (FIS) and
its accompanying Flood Insurance Rate Maps (FIRM), for Buncombe County dated January 6,
2010, which are adopted by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A Floodplain Development Permit shall be required in conformance with the provisions of this
ordinance prior to the commencement of any development activities within Special Flood
Hazard Areas determined in accordance with the provisions of Article 3, Section B of this
ordinance.
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SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, altered, or developed in
any way without full compliance with the terms of this ordinance and other applicable
regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the governing body; and
(c) deemed neither to limit nor repeal any other powers granted under State
statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger floods can
and will occur. Actual flood heights may be increased by man-made or natural causes. This
ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted
within such areas will be free from flooding or flood damages. This ordinance shall not create
liability on the part of the Town of Montreat or by any officer or employee thereof for any flood
damages that result from reliance on this ordinance or any administrative decision lawfully
made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
(1) Violation of the provisions of this ordinance or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall constitute a misdemeanor. Any person
who violates this ordinance or fails to comply with any of its requirements shall, upon
conviction thereof, be fined not more than $50.00 or imprisoned for not more than thirty
(30) days, or both. Each day such violation continues shall be considered a separate
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offense. Nothing herein contained shall prevent the Town of Montreat from taking such
other lawful action as is necessary to prevent or remedy any violation.
(2) In addition to revoking or refusing to issue a Floodplain Development Permit, the
Floodplain Administrator or other authorized agent may refuse or cause to be refused a
certificate of occupancy for any building or other improvements constructed or being
constructed on the site in question, or cause the Town permitting office to refuse to issue
any permit that has been applied for, or cause the Town permitting office to freeze (or
suspend) active permits and inspections until the applicant has taken the corrective
procedures set forth in the notice and cured the violations described therein.
(3) Failure to remove any artificial obstruction or enlargement or replacement thereof, that
violates this Ordinance or the provision of any permit issued under the authority of this
Ordinance may subject the person in violation of this Ordinance to a fine of not more than
$5,000 per day, and such fine shall constitute a separate violation of this Ordinance for
each day that the failure continues after written notice from the Town Board of
Commissioners. Any fine imposed hereunder shall be a civil penalty which may be
recovered by the Town in a civil action in the nature of a debt.
(4) In addition to or in lieu of other remedies, the Town Board of Commissioners may, by and
through its Floodplain Administrator or other authorized agent, institute any appropriate
action or proceeding to restrain or prevent any violation of this Ordinance or of the
provisions of any permit issued under the authority of this Ordinance, or to require any
person, firm or corporation that has committed a violation to remove a violating
obstruction or restore the conditions existing before the placement of the obstruction by
any manner or means available at law or in equity.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Code Administrator, hereinafter referred to as the "Floodplain Administrator", is hereby
appointed to administer and implement the provisions of this ordinance.
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT
AND CERTIFICATION REQUIREMENTS.
(1) Application Requirements. Application for a Floodplain Development Permit shall be
made to the Floodplain Administrator prior to any development activities located within
Special Flood Hazard Areas. The following items shall be presented to the Floodplain
Administrator to apply for a floodplain development permit:
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(a) A plot plan drawn to scale which shall include, but shall not be limited to, the
following specific details of the proposed floodplain development:
(i) the nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility systems,
grading/pavement areas, fill materials, storage areas, drainage facilities, and other
development;
(ii) the boundary of the Special Flood Hazard Area as delineated on the FIRM
or other flood map as determined in Article 3, Section B, or a statement
that the entire lot is within the Special Flood Hazard Area;
(iii) flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map as determined in Article 3,
Section B;
(iv) the boundary of the floodway(s) or non -encroachment area(s) as
determined in Article 3, Section B;
(v) the Base Flood Elevation (BFE) where provided as set forth in Article 3,
Section B; Article 4, Section C; or Article 5, Section D;
(vi) the old and new location of any watercourse that will be altered or
relocated as a result of proposed development;
(b) Proposed elevation, and method thereof, of all development within a Special
Flood Hazard Area including but not limited to:
(i) Elevation in relation to mean sea level of the proposed reference level
(including basement) of all structures;
(ii) Elevation in relation to mean sea level to which any non-residential
structure in Zone AE, A or AO will be flood -proofed; and
(iii) Elevation in relation to mean sea level to which any proposed utility
systems will be elevated or floodproofed;
(c) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting
data and an operational plan that includes, but is not limited to, installation,
exercise, and maintenance of floodproofing measures.
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(d) A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this ordinance are met. These
details include but are not limited to:
(i) The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls); and
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces
on walls in accordance with Article 5, Section B(4)(c) when solid
foundation perimeter walls are used in Zones A, AO, AE, and A1-30;
(e) Usage details of any enclosed areas below the lowest floor.
(f) Plans and/or details for the protection of public utilities and facilities such as
sewer, gas, electrical, and water systems to be located and constructed to
minimize flood damage;
(g) Certification that all other Local, State and Federal permits required prior to
floodplain development permit issuance have been received.
(h) Documentation for placement of Recreational Vehicles and/or Temporary
Structures, when applicable, to ensure that the provisions of Article 5, Section B,
subsections (6) and (7) of this ordinance are met.
(i) A description of proposed watercourse alteration or relocation, when applicable,
including an engineering report on the effects of the proposed project on the
flood -carrying capacity of the watercourse and the effects to properties located
both upstream and downstream; and a map (if not shown on plot plan) showing
the location of the proposed watercourse alteration or relocation.
(2) Permit Requirements. The Floodplain Development Permit shall include, but not be
limited to:
(a) A description of the development to be permitted under the floodplain
development permit.
(b) The Special Flood Hazard Area determination for the proposed development per
available data specified in Article 3, Section B.
(c) The regulatory flood protection elevation required for the reference level and all
attendant utilities.
(d) The regulatory flood protection elevation required for the protection of all public
utilities.
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(e) All certification submittal requirements with timelines.
(f) A statement that no fill material or other development shall encroach into the
floodway or non -encroachment area of any watercourse, if applicable.
(g) The flood openings requirements, if in Zones A, AO, AE or Al-30.
(h) Limitations of below BFE enclosure uses, if applicable. (i.e., parking, building
access and limited storage only).
(3) Certification Requirements.
(a) Elevation Certificates
(i) An Elevation Certificate (FEMA Form 81-31) is recommended prior to the
actual start of any new construction. It shall be the duty of the permit
holder to have established an elevation reference level, prior to
construction. The Floodplain Administrator can review the certificate
data submitted. Deficiencies detected by such review shall be corrected
by the permit holder prior to the beginning of construction. Failure to
submit the certification or failure to make required corrections shall be
cause to deny a floodplain development permit.
(ii) A final as -built Elevation Certificate (FEMA Form 81-31) is required after
construction is completed and prior to Certificate of
Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final
as -built construction of the elevation of the reference level and all
attendant utilities. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as -built construction.
Failure to submit the certification or failure to make required corrections
shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(b) Floodproofing Certificate. If non-residential floodproofing is used to meet the
regulatory flood protection elevation requirements, a Floodproofing Certificate
(FEMA Form 81-65), with supporting data, an operational plan, and an inspection
and maintenance plan are required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the floodproofed design elevation of
the reference level and all attendant utilities, in relation to mean sea level.
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Floodproofing certification shall be prepared by or under the direct supervision
of a professional engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan, and the
inspection and maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to permit approval. Failure to submit the
certification or failure to make required corrections shall be cause to deny a
floodplain development permit. Failure to construct in accordance with the
certified design shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(c) If a manufactured home is placed within Zone A, AO, AE, or Al-30 and the
elevation of the chassis is more than 36 inches in height above grade, an
engineered foundation certification is required in accordance with the
provisions of Article 5, Section 13(3)(b).
(d) If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; a professional engineer's certified report
on the effects of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream and
downstream; and a map showing the location of the proposed watercourse
alteration or relocation shall all be submitted by the permit applicant prior to
issuance of a floodplain development permit.
(e) Certification Exemptions. The following structures, if located within Zone A, AO,
AE or Al-30, are exempt from the elevation/floodproof ing certification
requirements specified in items (a) and (b) of this subsection:
(i) Recreational Vehicles meeting requirements of Article 5, Section 13(6)(a);
(ii) Temporary Structures meeting requirements of Article 5, Section 13(7);
and
(iii) Accessory Structures less than 150 square feet meeting requirements of
Article 5, Section 13(8).
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator shall perform , but not be limited to, the following duties:
(1) Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of this
ordinance have been satisfied.
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(2) Review all proposed development within Special Flood Hazard Areas to assure that all
necessary Local, State and Federal permits have been received.
(3) Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the National
Flood Insurance Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency
(FEMA).
(4) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood -carrying capacity is maintained.
(5) Prevent encroachments into floodways and non -encroachment areas unless the
certification and flood hazard reduction provisions of Article 5, Section F are met.
(6) Obtain actual elevation (in relation to mean sea level) of the reference level (including
basement) of all attendant utilities of all new and substantially improved structures, in
accordance with Article 4, Section B(3).
(7) Obtain actual elevation (in relation to mean sea level) to which all new and
substantially improved structures and utilities have been floodproofed, in accordance
with the provisions of Article 4, Section B(3).
(8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance
with the provisions of Article 4, Section B(3).
(9) When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with the provisions of Article
4, Section B(3) and Article 5, Section B(2).
(10) Where interpretation is needed as to the exact location of boundaries of the Special
Flood Hazard Areas, floodways, or non -encroachment areas, (for example where there
appears to be a conflict between a mapped boundary and actual field conditions), make
the necessary interpretation. The person contesting the location of the boundary shall
be given a reasonable opportunity to appeal the interpretation as provided in this
article.
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(11) When Base Flood Elevation (BFE) data has not been provided in accordance with Article
3, Section B, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data,
along with floodway data or non -encroachment area data available from a Federal,
State, or other source, including data developed pursuant to Article 5, Section D(2)(b), in
order to administer the provisions of this ordinance.
(12) When Base Flood Elevation (BFE) data is provided but no floodway or non -
encroachment area data has been provided in accordance with Article 3, Section B,
obtain, review, and reasonably utilize any floodway data or non -encroachment area
data available from a Federal, State, or other source in order to administer the
provisions of this ordinance.
(13) Permanently maintain all records that pertain to the administration of this ordinance
and make these records available for public inspection, recognizing that such
information may be subject to the Privacy Act of 1974, as amended.
(14) Make on -site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the floodplain administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In
exercising this power, the floodplain administrator has a right, upon presentation of
proper credentials, to enter on any premises within the jurisdiction of the community at
any reasonable hour for the purposes of inspection or other enforcement action.
(15) Issue stop -work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this ordinance, the
Floodplain Administrator may order the work to be immediately stopped. The stop -
work order shall be in writing and directed to the person doing or in charge of the work.
The stop -work order shall state the specific work to be stopped, the specific reason(s)
for the stoppage, and the condition(s) under which the work may be resumed. Violation
of a stop -work order constitutes a misdemeanor.
(16) Revoke floodplain development permits as required. The Floodplain Administrator may
revoke and require the return of the floodplain development permit by notifying the
permit holder in writing stating the reason(s) for the revocation. Permits shall be
revoked for any substantial departure from the approved application, plans, and
specifications; for refusal or failure to comply with the requirements of State or local
laws; or for false statements or misrepresentations made in securing the permit. Any
floodplain development permit mistakenly issued in violation of an applicable State or
local law may also be revoked.
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(17) May refuse or cause to be refused a certificate of occupancy for any building or other
improvements constructed or being constructed on the site in question, or cause the
Town permitting office to refuse to issue any permit that has been applied for, or cause
the Town permitting office to freeze (or suspend) active permits and inspections.
(18) Make periodic inspections throughout the Special Flood Hazard Areas within the
jurisdiction of the community. The Floodplain Administrator and each member of his or
her inspections department shall have a right, upon presentation of proper credentials,
to enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
(19) Follow through with corrective procedures of Article 4, Section D.
(20) Review, provide input, and make recommendations for variance requests.
(21) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM
and other official flood maps and studies adopted in accordance with Article 3, Section B
of this ordinance, including any revisions thereto including Letters of Map Change,
issued by FEMA. Notify State and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMS, including Letters of Map Revision Based
on Fill (LOMR-F) and Letters of Map Revision (LOMR).
(23) Apply and enforce any and all provisions of this Ordinance. In determining the amount
of any penalty ordered under authority of this Ordinance the Floodplain Administrator
shall give due consideration to the appropriateness of the penalty with respect to the
size of the business of the person being charged, the gravity of the violation, the
good faith of the person, the record of previous violations, and, in general, the
facts and circumstances surrounding the violation.
SECTION D. CORRECTIVE PROCEDURES.
(1) Violations to be Corrected: When the Floodplain Administrator finds violations of
applicable State and local laws, it shall be his or her duty to notify the owner or occupant
of the building of the violation. The owner or occupant shall immediately remedy each of
the violations of law cited in such notification.
(2) Actions in Event of Failure to Take Corrective Action: If the owner of a building or
property shall fail to take prompt corrective action, the Floodplain Administrator shall give
the owner written notice, by certified or registered mail to the owner's last known
address or by personal service, stating:
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(a) that the building or property is in violation of the floodplain management
regulations;
(b) that a hearing will be held before the floodplain administrator at a designated
place and time, not later than ten (10) days after the date of the notice, at which
time the owner shall be entitled to be heard in person or by counsel and to
present arguments and evidence pertaining to the matter; and
(c) that following the hearing, the Floodplain Administrator may issue an order
affirming, modifying or rescinding the original finding or may enter such other
finding or order as the Floodplain Administrator may deem just and proper
consistent with the provisions of this Ordinance including, but not limited to
order to alter, vacate, or demolish the building; or to remove fill as applicable.
(3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed
above, the Floodplain Administrator shall find that the building or development is in
violation of the Flood Damage Prevention Ordinance, He/she shall issue an order in
writing to the owner, requiring the owner to remedy the violation within a specified time
period, not less than sixty (60) calendar days, nor more than one -hundred eighty (180)
calendar days. Where the Floodplain Administrator finds that there is imminent danger to
life or other property, they may order that corrective action be taken in such lesser period
as may be feasible.
(4) Appeal: Any owner who has received an order to take corrective action may appeal the
order to the Board of Adjustment by giving notice of appeal in writing to the Floodplain
Administrator within ten (10) days following issuance of the final order. In the absence of
an appeal, the order of the Floodplain Administrator shall be final. The Board of
Adjustment shall hear an appeal within a reasonable time and may affirm, modify and
affirm, or revoke the order.
Any order, requirement, decision, or determination made by the Floodplain Administrator
may be appealed to the Board of Adjustment pursuant to the procedure found in Section
F. Appeals below.
(5) Failure to Comply with Order: If the owner of a building or property fails to comply with
an order to take corrective action for which no appeal has been made or fails to comply
with an order of the governing body following an appeal, the owner shall be guilty of a
misdemeanor and shall be punished at the discretion of the court.
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SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by the Town of Montreat, hereinafter referred
to as the "appeal board", shall hear and decide requests for variances from the
requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board may appeal such decision to
the Court, as provided in Chapter 7A of the North Carolina General Statutes.
(3) Variances may be issued for:
(a) the repair or rehabilitation of historic structures upon the determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and that the variance is the minimum
necessary to preserve the historic character and design of the structure;
(b) functionally dependent facilities if determined to meet the definition as stated in
Article 2 of this ordinance, provided provisions of Article 4, Section E(9)(b), (c),
and (e) have been satisfied, and such facilities are protected by methods that
minimize flood damages during the base flood and create no additional threats
to public safety; or
(c) any other type of development, provided it meets the requirements of this
Section.
(4) In passing upon variances, the appeal board shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this ordinance, and:
(a) the danger that materials may be swept onto other lands to the injury of others;
(b) the danger to life and property due to flooding or erosion damage;
(c) the susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(d) the importance of the services provided by the proposed facility to the
community;
(e) the necessity to the facility of a waterfront location as defined under Article 2 of
this ordinance as a functionally dependent facility, where applicable;
(f) the availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
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(g) the compatibility of the proposed use with existing and anticipated
development;
(h) the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(j) the expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the
site; and
(k) the costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges.
(5) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(6) Upon consideration of the factors listed above and the purposes of this ordinance, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purposes and objectives of this ordinance.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the
structure is to be built and that such construction below the Base Flood Elevation
increases risks to life and property, and that the issuance of a variance to construct a
structure below the Base Flood Elevation will result in increased premium rates for flood
insurance up to $25 per $100 of insurance coverage. Such notification shall be
maintained with a record of all variance actions, including justification for their issuance.
(8) The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the Federal Emergency Management Agency and the State of North
Carolina upon request.
(9) Conditions for Variances:
(a) Variances shall not be issued when the variance will make the structure in
violation of other Federal, State, or local laws, regulations, or ordinances.
(b) Variances shall not be issued within any designated floodway or non -
encroachment area if the variance would result in any increase in flood levels
during the base flood discharge.
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(c) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued prior to development permit approval.
(e) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in
exceptional hardship; and
(iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(10) A variance may be issued for solid waste disposal facilities or sites, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located in
Special Flood Hazard Areas provided that all of the following conditions are met:
(a) The use serves a critical need in the community.
(b) No feasible location exists for the use outside the Special Flood Hazard Area.
(c) The reference level of any structure is elevated or floodproofed to at least the
regulatory flood protection elevation.
(d) The use complies with all other applicable Federal, State and local laws.
(e) The Town of Montreat has notified the Secretary of the North Carolina
Department of Crime Control and Public Safety of its intention to grant a
variance at least thirty (30) calendar days prior to granting the variance.
SECTION F. APPEALS
(a) Types of appeals. The Board of Adjustment shall hear and decide all appeals from any
order, requirement, decision, or determination made by the Floodplain Administrator.
In deciding appeals, it may hear both those based upon an allegedly improper or
erroneous interpretation of this Ordinance and those based upon alleged hardship
resulting from strict interpretation of this Ordinance.
(b) Procedure for filing appeals. No appeal shall be heard by the Board of Adjustment
unless notice thereof is filed within 30 days after the interested party receives notice of
the order, requirement, decision or determination by the Floodplain Administrator. The
applicant must file his application for a hearing with the Floodplain Administrator, who
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shall act as clerk for the Board of Adjustment in receiving this notice. All applications
shall be made upon the form specified for that purpose, and all information required
thereon shall be complete before an appeal shall be considered as having been filed.
(c) Hearings. Hearings shall be conducted as follows:
(1) Time. After receipt of notice of appeal, the board chairperson shall schedule the
time for a hearing, which shall be at a regular or special meeting within 31 days
from the filing of such notice of appeal.
(2) Notice of hearing. The Board of Adjustment shall mail notices of the hearing to
the affected parties to the action appealed from, and to such other persons as
the Floodplain Administrator shall direct, at least five days prior to the hearing.
Such notice shall state the location of the building or lot, the general nature of
the question involved in the appeal, and the time and place of the hearing.
(3) Conduct of hearing. Any party may appear in person or by agent or by attorney
at the hearing. The order of business for the hearing shall be as follows:
a. The chairperson, or such person as he shall direct, shall give a preliminary
statement of the case.
b. The applicant shall present the argument in support of his application.
C. Persons opposed to granting the application shall present the argument
against the application.
d. Both sides will be permitted to present rebuttals to opposing testimony.
e. The chairperson shall summarize the evidence, which has been
presented, giving the parties opportunity to make objections or
corrections.
Witnesses may be called and factual evidence may be submitted, but the Board of Adjustment
shall not be limited to consideration of only such evidence as would be admissible in a court of
law. The Board of Adjustment may view the premises before arriving at a decision. All witnesses
before the Board of Adjustment shall be placed under oath and the opposing party may cross
examine them.
(4) Rehearings. An application for a rehearing may be made in the same manner as
provided for an original hearing. Evidence in support of the application shall
initially be limited to that which is necessary to enable the Board of Adjustment
to determine whether there has been a substantial change in the facts, evidence,
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or conditions in the case. The application for rehearing shall be denied by the
Board of Adjustment if, from the record, it finds that there has been no
substantial change in facts, evidence or conditions. If the Board of Adjustment
finds that there has been a change, it shall thereupon treat the request in the
same manner as any other application.
(d) Decisions. Decisions shall be made in the following manner:
(1) Time. A decision by the Board of Adjustment shall be made within 30 days from the
time of hearing.
(2) Form. Written notice by certified or registered mail of the decision in a case shall
be given to the applicant by the Floodplain Administrator as soon as practical
after the case is decided. Also, written notice shall be given to owners of the
subject property, if not the applicant, and to other persons who have made
written request for such notice. The final decision of the Board of Adjustment
shall be shown in the record of the case as entered in the minutes of the Board
of Adjustment and signed by the Floodplain Administrator and the chairperson
upon approval of the minutes of the Board of Adjustment. Such record shall
show the reasons for the determination, with summary of the evidence
introduced and the findings of fact made by the Board of Adjustment. Where a
variance is granted, the record shall state in detail any exceptional difficulty or
unnecessary hardship upon which the appeal was based and which the Board of
Adjustment finds to exist. The decision may reverse or affirm, wholly or partly, or
modify the order, requirement, decision or determination appealed from. The
record shall state in detail what, if any, conditions and safeguards are imposed
by the Board of Adjustment in connection with the granting of a variance.
(3) Expiration of permits. Unless otherwise specified, any order or decision of the
Board of Adjustment granting a variance shall expire if a Floodplain Development
Permit, building permit or certificate of occupancy for such use is not obtained
by the applicant within one year from the date of the decision.
(4) Voting. The concurring vote of four -fifths of the members of the Board of
Adjustment shall be necessary to reverse any order, requirement, decision or
determination of the Floodplain Administrator; to decide in favor of the
applicant any matter upon which the Board of Adjustment is required by this
article to pass; or to grant a variance from the provisions of this article.
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(5) Public record of decisions. The decisions of the Board of Adjustment, as filed in
its minutes, shall be a public record, available for inspection at all reasonable
times.
(e) Appeals from decision of Board of Adjustment.
(1) Appeals from the Board of Adjustment may be taken to the courts pursuant to
G.S. §160A-388 as same is effective on and after January 1, 2010 in accordance
(2) Every final decision granting or denying a permit under this Part shall be subject
to review by the superior court of the county, with the right of jury trial at the
election of the party seeking review. The time and manner of election of a jury
trial shall be governed by G.S. 1A-1, Rule 38(b) of the Rules of Civil Procedure.
Pending the final disposition of an appeal, no action shall be taken that would be
unlawful in the absence of a permit issued under this Part.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas the following provisions are required:
(1) All new construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, and lateral movement of the
structure.
(2) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(3) All new construction and substantial improvements shall be constructed by methods and
practices that minimize flood damages.
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding to the Regulatory
Flood Protection Elevation. These include, but are not limited to, HVAC equipment, water
softener units, bath/kitchen fixtures, ductwork, electric / gas meter panels /boxes,
utility/cable boxes, hot water heaters, and electric outlets/switches.
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(5) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into flood
waters.
(7) On -site waste disposal systems shall be located and constructed to avoid impairment from
them or contamination from them during flooding.
(8) Any alteration, repair, reconstruction, or improvements to a structure, which is in
compliance with the provisions of this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
(9) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located totally or
partially within the floodway, non -encroachment area, or stream setback, provided there
is no additional encroachment below the Regulatory Flood Protection Elevation in the
floodway, non -encroachment area, or stream setback, and provided that such repair,
reconstruction, or replacement meets all of the other requirements of this ordinance.
(10) New solid waste disposal facilities and sites, hazardous waste management facilities,
salvage yards, and chemical storage facilities shall not be permitted, except by variance as
specified in Article 4, Section E (9). A structure or tank for chemical or fuel storage
incidental to an allowed use or to the operation of a water treatment plant or wastewater
treatment facility may be located in a Special Flood Hazard Area only if the structure or
tank is either elevated or floodproofed to at least the regulatory flood protection
elevation and in accordance with the provisions of Article 4, Section B(3).
(11) All subdivision proposals and other development proposals shall be consistent with the
need to minimize flood damage.
(12) All subdivision proposals and other development proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located and constructed to
minimize flood damage.
(13) All subdivision proposals and other development proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
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(14) All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is required by
Federal or State law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
(15) When a structure is partially located in a Special Flood Hazard Area, the entire structure
shall meet the requirements for new construction and substantial improvements.
(16) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone
with multiple base flood elevations, the provisions for the more restrictive flood hazard
risk zone and the highest base flood elevation shall apply.
(17) No vegetative debris such as wood piles, downed trees or branches, mulch or other
materials which could cause blockage of culverts or bridges or which could otherwise
create a hazard during a flood event shall be permitted to accumulate within the Special
Flood Hazard Area.
(18) No discarded items such as abandoned vehicles, white goods, tires, or other trash or
debris shall be allowed to accumulate within the Special Flood Hazard Area.
SECTION B. SPECIFIC STANDARDS.
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as
set forth in Article 3, Section B, or Article 5, Section D, the following provisions, in addition to
the provisions of Article 5, Section A, are required:
(1) Residential Construction. New construction and substantial improvement of any
residential structure (including manufactured homes) shall have the reference level,
including basement, elevated no lower than the Regulatory Flood Protection Elevation,
as defined in Article 2 of this ordinance.
(2) Non -Residential Construction. New construction and substantial improvement of any
commercial, industrial, or other non-residential structure shall have the reference level,
including basement, elevated no lower than the regulatory flood protection elevation,
as defined in Article 2 of this ordinance. Structures located in A, AE, AO, and Al-30
Zones may be floodproofed to the Regulatory Flood Protection Elevation in lieu of
elevation provided that all areas of the structure, together with attendant utility and
sanitary facilities, below the regulatory flood protection elevation are watertight with
walls substantially impermeable to the passage of water, using structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the effect of
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buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with Article
5, Section G(2). A registered professional engineer or architect shall certify that the
standards of this subsection are met. Such certification shall be provided to the
Floodplain Administrator as set forth in Article 4, Section B(3) , along with the
operational plan and the inspection and maintenance plan plans.
(3) Manufactured Homes.
(a) New and replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the regulatory flood
protection elevation, as defined in Article 2 of this ordinance.
(b) Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement, either by certified
engineered foundation system, or in accordance with the most current edition of
the State of North Carolina Regulations for Manufactured Homes adopted by the
Commissioner of Insurance pursuant to NCGS 143-143.15. Additionally, when
the elevation would be met by an elevation of the chassis thirty-six (36) inches or
less above the grade at the site, the chassis shall be supported by reinforced
piers or engineered foundation. When the elevation of the chassis is above
thirty-six (36) inches in height, an engineering certification is required.
(c) All enclosures or skirting shall meet the requirements of Article 5, Section B(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be filed with and
approved by the Floodplain Administrator and the local Emergency Management
Coordinator.
(4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved
structures, which is below the lowest floor:
(a) shall not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access, or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles (garage door) or
limited storage of maintenance equipment (standard exterior door), or entry to
the living area (stairway or elevator). The interior portion of such enclosed area
shall not be finished or partitioned into separate rooms, except to enclose
storage areas;
(b) shall be constructed entirely of flood resistant materials at least to the
regulatory flood protection elevation; and
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(c) shall include, in Zones A, AO, AE, and Al-30, flood openings to automatically
equalize hydrostatic flood forces on walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the openings must either be certified by
a professional engineer or architect or meet or exceed the following minimum
design criteria:
(i) A minimum of two flood openings on different sides of each enclosed
area subject to flooding;
(ii) The total net area of all flood openings must be at least one (1) square
inch for each square foot of enclosed area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must
have flood openings to allow floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1)
foot above the adjacent grade;
(v) Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions; and
(vi) Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires flood openings as outlined above.
(5) Additions/Improvements.
(a) Additions and/or improvements to pre -FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
(i) not a substantial improvement, the addition and/or improvements must
be designed to minimize flood damages and must not be any more non-
conforming than the existing structure.
(ii) a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
(b) Additions to post -FIRM structures with no modifications to the existing structure
other than a standard door in the common wall shall require only the addition to
comply with the standards for new construction.
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(c) Additions and/or improvements to post -FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
(i) not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction.
(ii) a substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
(6) Recreational Vehicles. Recreational vehicles shall either:
(a) be on site for fewer than 180 consecutive days and be fully licensed and ready
for highway use (a recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type
utilities, and has no permanently attached additions); or
(b) meet all the requirements for new construction.
(7) Temporary Non -Residential Structures. Prior to the issuance of a floodplain development
permit for a temporary structure, the applicant must submit to the Floodplain
Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash
flood or other type of flood warning notification. The following information shall be
submitted in writing to the Floodplain Administrator for review and written approval:
(a) a specified time period for which the temporary use will be permitted. Time
specified may not exceed three (3) months, renewable up to one (1) year;
(b) the name, address, and phone number of the individual responsible for the
removal of the temporary structure;
(c) the time frame prior to the event at which a structure will be removed (i.e.,
minimum of 72 hours before landfall of a hurricane or immediately upon flood
warning notification);
(d) a copy of the contract or other suitable instrument with the entity responsible
for physical removal of the structure; and
(e) designation, accompanied by documentation, of a location outside the Special
Flood Hazard Area, to which the temporary structure will be moved.
(8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to
be placed within a Special Flood Hazard Area, the following criteria shall be met:
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(a) Accessory structures shall not be used for human habitation (including working,
sleeping, living, cooking or restroom areas);
(b) Accessory structures shall not be temperature -controlled;
(c) Accessory structures shall be designed to have low flood damage potential;
(d) Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in accordance with the provisions
of Article 5, Section A(1);
(f) All service facilities such as electrical shall be installed in accordance with the
provisions of Article 5, Section A(4); and
(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces
shall be provided below regulatory flood protection elevation in conformance
with the provisions of Article 5, Section B(4)(c).
An accessory structure with a footprint less than 150 square feet that satisfies the criteria
outlined above does not require an elevation or floodproofing certificate. Elevation or
floodproofing certifications are required for all other accessory structures in accordance with
Article 4, Section B(3).
SECTION C. RESERVED.
SECTIOND. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED
BASE FLOOD ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in
Article 3, Section B, where no Base Flood Elevation (BFE) data has been provided by FEMA, the
following provisions, in addition to the provisions of Article 5, Section A, shall apply:
(1) No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of thirty (30) feet each side from top
of bank or five times the width of the stream, whichever is greater, unless certification
with supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
(2) The BFE used in determining the Regulatory Flood Protection Elevation shall be
determined based on the following criteria:
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(a) When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also comply
with all applicable provisions of this ordinance and shall be elevated or
floodproofed in accordance with standards in Article 5, Sections A and B.
(b) When floodway data is available from a Federal, State, or other source, all new
construction and substantial improvements within floodway areas shall also
comply with the requirements of Article 5, Sections B and F.
(c) All subdivision, manufactured home park and other development proposals shall
provide Base Flood Elevation (BFE) data if development is greater than five (5)
acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood
Elevation (BFE) data shall be adopted by reference in accordance with Article 3,
Section B and utilized in implementing this ordinance.
(d) When Base Flood Elevation (BFE) data is not available from a Federal, State, or
other source as outlined above, the reference level shall be elevated or
floodproofed (nonresidential) to or above the Regulatory Flood Protection
Elevation, as defined in Article 2. All other applicable provisions of Article 5,
Section B shall also apply.
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT
ESTABLISHED FLOODWAYS OR NON -ENCROACHMENT AREAS.
Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is
available from another source but neither floodway nor non -encroachment areas are identified
for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements
shall apply to all development within such areas:
(1) Standards of Article 5, Sections A and B; and
(2) Until a regulatory floodway or non -encroachment area is designated, no
encroachments, including fill, new construction, substantial improvements, or other
development, shall be permitted unless certification with supporting technical data by a
registered professional engineer is provided demonstrating that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one (1) foot at any point within the community.
SECTION F. FLOODWAYS AND NON -ENCROACHMENT AREAS.
Areas designated as floodways or non -encroachment areas are located within the Special Flood
Hazard Areas established in Article 3, Section B. The floodways and non -encroachment areas
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are extremely hazardous areas due to the velocity of floodwaters that have erosion potential
and carry debris and potential projectiles. The following provisions, in addition to standards
outlined in Article 5, Sections A and B, shall apply to all development within such areas:
(1) No encroachments, including fill, new construction, substantial improvements and other
developments shall be permitted unless:
(a) it is demonstrated that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood, based on
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice and presented to the Floodplain Administrator prior to
issuance of floodplain development permit, or
(b) a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A
Letter of Map Revision (LOMR) must also be obtained upon completion of the
proposed encroachment.
(2) If Article 5, Section F(1) is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this ordinance.
(3) No new manufactured homes shall be permitted. Replacement manufactured homes in
an existing manufactured home park or subdivision may be permitted, provided the
following provisions are met:
(a) the anchoring and the elevation standards of Article 5, Section B(3); and
(b) the no encroachment standard of Article 5, Section F(1).
(4) No new habitable structures, including structures used for working, sleeping, living,
cooking, or restroom facilities, shall be permitted in floodways and non -encroachment
areas.
ARTICLE 6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVENTION ORDINANCE.
This ordinance in part comes forward by re-enactment of some of the provisions of the flood
damage prevention ordinance enacted February 10, 2005, as amended, and it is not the
intention to repeal but rather to re-enact and continue to enforce without interruption of such
existing provisions, so that all rights and liabilities that have accrued thereunder are reserved
and may be enforced. The enactment of this ordinance shall not affect any action, suit or
proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of
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Article I: Flood Damage Prevention Ordinance
the Town of Montreat enacted on February 10, 2005, as amended, which are not reenacted
herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for Buncombe County is August 1,
1980.
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain development
permit has been granted by the floodplain administrator or his or her authorized agents before
the time of passage of this ordinance; provided, however, that when construction is not begun
under such outstanding permit within a period of six (6) months subsequent to the date of
issuance of the outstanding permit, construction or use shall be in conformity with the
provisions of this ordinance.
SECTION C. SEVERABILITY.
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portions of this Ordinance.
SECTION D. EFFECTIVE DATE.
This ordinance shall become effective on January 6, 2010.
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MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER K - ENVIRONMENT
ARTICLE II: SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE
(Refers to the most updated version of the "Buncombe County
Soil Erosion and Sedimentation Control Ordinance.")
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CHAPTER K - ENVIRONMENT
ARTICLE III: STORMWATER MANAGEMENT
(Revised 611112009), (Revised 211112010)
300. General Provisions
1. Purpose. The stormwater management regulations of this article shall protect,
maintain and enhance the public health, safety, environment and general welfare by
establishing minimum requirements and procedures to control the adverse effects of
stormwater runoff associated with new development. Proper management of
stormwater runoff will protect property, control stream channel erosion, prevent
increased flooding associated with new development, protect floodplains, wetlands,
water resources, riparian and aquatic ecosystems, and otherwise provide for
environmentally sound use of the town's natural resources.
2. Scope. Except as otherwise expressly stated, the stormwater management
regulations of this article apply to all development within Montreat and the
unincorporated Buncombe County inside the extraterritorial jurisdiction of Montreat.
Additional requirements regulating development on steeply -sloping sites (>_40%) are
detailed in Montreat Code of General Ordinances, Chapter K—Environment, Article IV:
Hillside Development.
3. Applicability and Exemptions.The stormwater management regulations of this article do
not apply to any of the following development activities:
a) Activities including the breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to humans,
including but not limited to:
• Forages and sod crops, grains and feed crops, tobacco, cotton and
peanuts.
• Dairy animals and apiary products.
• Poultry and poultry products.
• Livestock, including beef cattle, sheep, swine, horses, ponies, mules and
goats.
• Bees and dairy products.
• Fur producing animals.
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b) Activities undertaken on forestland for the production or harvesting of timber
and timber products and conducted in accordance with best management
practices as set out in Forest Practice Guidelines Relayed to Water Quality
referenced as follows:
http://www.ncforestry.org/docs/Landowners/regulations/mgmt practices.htm
c) Activities for which a permit is required under the mining act, G.S. 74-46 et. seq.
http://www.dlr.enr.state.nc.us/pages/miningprogram.html
d) Any development in which the owner has accrued a vested right. For the
purposes of this Chapter K only, a vested right is recognized if either (1) a
preliminary plan has been approved by the Planning and Zoning Commission that
meets the required specifications and standards of the Town of Montreat
ordinances, Buncombe County ordinances, or (ii) a Land Disturbing Permit has
been issued pursuant to the Buncombe County Soil Erosion and Sedimentation
Control ordinance in effect on or before the effective date of this ordinance, and
that such plan or permit remains unexpired.
A party in interest to a particular plan found to have no vested right to construct or develop on
or before the effective date of this ordinance may appeal to the Town of Montreat Board of
Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the
issue of whether the landowner has a vested right to construct or develop their site under plans
submitted prior to the effective date of this ordinance.
Redevelopment or expansion to uses included in the above categories are not subject to the
stormwater requirements unless it qualifies by having disturbed area of 5,000 square feet or
greater; at least 24% total lot area developed to include impervious cover; or addition of 2,500
square feet or more impervious surface, unless exempt pursuant to this ordinance.
301. Interpretations and Definitions
1. Meaning and Intent. If a different or more specific meaning is given for a term defined
elsewhere in the Town of Montreat Code, the meaning and application of the term in
this ordinance shall control for purposes of application of this ordinance.
2. Text Controls in Event of Conflict. In the event of a conflict or inconsistency between the
text of this ordinance and any heading, caption, figure, illustration, table, or map, the
text shall control.
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3. Authority for Interpretation. The Stormwater Administrator has authority to determine
the interpretation of this ordinance. Any person may request an interpretation by
submitting a written request to the Administrator who shall respond in writing within
30 days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this ordinance.
4. References to Statutes, Regulations, and Documents. Whenever reference is made to a
resolution, ordinance, statute, regulation, manual or document, it shall be construed as
a reference to the most recent edition of such that has been finalized and published
with due provision for notice and comment, unless otherwise specifically stated.
5. Word Usage.
a) The term "Town" shall herein refer to the Town of Montreat.
b) The term "Administrator" shall herein refer to the Stormwater Administrator of
the Town of Montreat.
c) The term "Department" shall herein refer to the NC Department of Environment
and Natural Resources (NCDENR).
d) The term "Division" shall herein refer to the NC Division of Water Quality
(NCDWQ).
e) "Design Manual" shall herein refer to the most current edition of the
Stormwater Best Management Practice Manual approved by NCDWQ.
Development projects, or qualified redevelopment projects, less than 10,000
square feet may use the Community Conservation Assistance Program (CCAP)
Stormwater Best Management Practice Design Manual prepared by the
Biological and Agricultural Engineering Department of NCSU approved by
NCDENR.
f) Lot area refers to the amount of horizontal land area contained inside the lot
lines of a lot or site.
6. When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate otherwise.
Applicant: An owner or developer of a site who executes the Stormwater Permit
Application pursuant to Town of Montreat Stormwater Ordinance.
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Best Management Practices (BMP's):Best Management Practices (BMP's) are effective,
practical, structural or nonstructural methods which prevent or reduce the movement of
sediment, nutrients, pesticides and other pollutants from the land to surface or ground water,
or which otherwise protect water quality from potential adverse effects of silvicultural
activities.
Built -upon Area(BUA): The portion of a development project that is covered by
impervious or partially impervious surface including, but not limited to, buildings; pavement
and gravel areas such as roads, parking lots and paths; and recreation facilities such as tennis
courts. "Built -upon area" does not include a wooden slatted deck, the water area of a
swimming pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
Connection: Any ditch, pipe, or other device for the diversion or transmission of storm
drainage, which will in any way affect the operation or maintenance of the drainage ways.
Conveyance: Any feature of the landscape or earth, manmade or natural that carries water in
a concentrated flow.
Detain: To store and slowly release stormwater runoff following precipitation by means
of a surface depression or tank and an outlet structure.
Develop: Conversion of land to new service or purpose so as to make use of its resources,
or to use the land for residential or commercial purposes.
Development: Any land disturbing activity which adds to or changes the amount of
impervious or partially pervious cover on a land area or which otherwise decreases the
infiltration of precipitation into the soil, other than a rebuilding activity that does not qualify as
redevelopment.
Disturbed area: The portions of a development project that include graded areas
disturbed so as to remove the natural cover in conjunction with development activities; both
pervious and impervious surfaces installed and/or constructed including, but not limited to,
buildings; concrete/asphalt pavement and gravel areas such as parking lots, patios,
roads, and paths; lawns and artificially surfaced (e.g. recycled rubber mulch, crushed brick, etc.)
areas; retention structures including, but not limited to, timber, stone and masonry walls;
installation of septic/sewage systems, buried tanks or cisterns, etc.
Drainage structures: Shall include swales, channels, storm sewers, curb inlets, yard inlets,
culverts, and other structures designed or used to convey stormwater.
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Impervious surface: Any surface that, in whole or in part, restricts or prevents the natural
absorption of water into the ground. Such surfaces may include, but are not limited to, gravel,
concrete, asphalt or other paving material, and all areas covered by the footprint of buildings or
structures.
Land disturbing activity: Any use of, or operations on, the land by any person in residential,
industrial, educational, institutional, or commercial development, including road construction
and maintenance, that results in a change in the natural cover or topography.
Low Impact Development (LID): A term used in the United States to describe a land planning and
engineering design approach to managing stormwater runoff. LID emphasizes conservation and
use of on -site natural features to protect water quality.
Municipal Separate Storm Sewer Systems (MS4s): An MS4 is a conveyance or system of
conveyances that is:
• Owned by a state, city, town, village, or other public entity that discharges to
waters of the U.S.;
• Designed or used to collect or convey stormwater (including storm drains, pipes,
ditches, etc.);
• Not a combined sewer; and
• Not part of a Publicly Owned Treatment Works (sewage treatment plant).
National Pollutant Discharge Elimination System (NPDES): The U.S. Environmental Protection
Agency (EPA) administers this stormwater permitting program that regulates stormwater
discharges from three potential sources: municipal separate storm sewer systems (MS4s),
construction activities, and industrial activities.
Non-structural methods: Non-structural BMPs are designed to limit the amount of
pollutants available in the environment that would potentially end up in stormwater runoff.
Non-structural BMPs can be achieved through such things as education, management and
development practices. Examples include ordinances and practices associated with land use
and comprehensive site planning.
One-year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of intensity
expected to be equaled or exceeded, on average, once in 12 months and with duration of 24-
hours.
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Redevelopment: Any new construction on a site with pre-existing uses involving either
partial or full demolition of existing structures, establishing new use(s) with a corresponding
increase in impervious or partially pervious surface, or which otherwise decreases the
infiltration of precipitation into the soil.
Retain: To capture and hold stormwater runoff following precipitation by means of
surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic
and pollution impacts downstream.
Structural methods: Physical systems installed to control pollutants and subsequent transport
in stormwater. Many structural BMPs are designs based on natural systems and rely upon
vegetation and soil mechanisms in order to perform as intended, such as wet ponds, green
roofs, and stormwater wetlands; other, more conventional engineered solutions include
bioretention areas, dry detention, permeable pavement, sand filters, and underground
detention.
Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from rainfall
events.
Stream: A watercourse that collects surface runoff.
Total Suspended Solids (TSS): A water quality indicator illustrating the particulates present in a
water sample, typically expressed as weight per volume (milligrams per litre or mg/1). The value
is calculated from dry -weight of particles trapped by a filter, typically of a specified pore size, in
the volume of water filtered. It is listed as a conventional pollutant in the U.S. Clean Water Act.
Velocity: The average rate of flow through the cross section of the main channel at the
peak flow of the storm of interest.
302. Effective Date and Transitional Provisions
This Ordinance shall take effect on February 11, 2010. All development and redevelopment
projects for which complete and full applications were submitted and approved by the Town of
Montreat, or for which conditional use permits have been issued, prior to the effective date of
this ordinance shall be exempt from complying with provisions of this ordinance dealing with
the control and/or management of post -construction runoff, but shall be required to comply
with all other applicable provisions.
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Article III: Stormwater Management
Any violation of provisions existing on the effective date of this ordinance shall continue to be a
violation under this ordinance and be subject to penalties and enforcement under this
ordinance unless the use, development, construction, or other activity complies with the
provisions of this ordinance.
303. Administration and Procedures.
1. Administration of this Ordinance. All questions arising in connection with this
Ordinance shall be presented first to the Stormwater Administrator who shall be
responsible for the day-to-day administration of this Ordinance. The Board of
Adjustment shall have the authority to rule on matters of interpretation of
this Ordinance and consider appeals from the decisions of the Stormwater
Administrator. Any appeal from a decision of the Board of Adjustment shall be to the
courts as provided by law. Where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than other environmental or
land use codes for the Town of Montreat, then the requirements of this ordinance
shall govern.
2. Stormwater Administrator. The Codes Administrator shall serve as the
Stormwater Administrator by designation of the Board of Commissioners. The
Stormwater Administrator shall have the following powers and duties under this
ordinance:
a) To review and approve, approve with conditions, or disapprove applications
for approval of plans pursuant to this ordinance;
b) To make determinations and render interpretations of this ordinance;
c) To establish application requirements and schedules for submittal and review
of applications and appeals, to review and make recommendations to the
Planning and Zoning Commission and/or Zoning Board of Adjustment on
applications for development or redevelopment approvals;
d) To enforce the provisions of this ordinance in accordance with its
enforcement provisions;
e) To maintain records, maps, and official materials as relate to the adoption,
amendment, enforcement, or administration of this ordinance;
f) To provide expertise and technical assistance upon request;
g) To take any other action necessary to administer the provisions of this
ordinance.
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3. Review and Appeals Procedure.
a) A Stormwater Control Permit is required for all development and qualified
redevelopment on lots with:
• Disturbed area of 5,000 square feet or greater; or
• At least 24% total lot area developed to include impervious cover;
• Or addition of 2,500 square feet or more impervious surface, unless
exempt pursuant to this ordinance.
A building permit shall not be issued for any development project until the required Stormwater
Control Permit has been issued.
b) Two (2) copies of the completed stormwater plan submittal shall be
submitted to the Stormwater Administrator for review.
c) A site plan which includes orientation referencing north meridian; scale of
drawing; boundaries and acreage of the parcel; adjacent streets and any
easements; existing and/or proposed structures including setbacks;
structure dimensions and separation distance(s); contour interval; existing
and proposed contours; and clear graphic indication of any proposed
alterations, additions, or details showing location of any systems of
stormwater control, retention and treatment.
4. Application and permit review fees shall be established by the Montreat Board of
Commissioners, and may amend and update fees and policies when needed. Current
application fees are posted in the fee schedule for town services. Development
projects less than 10,000 SF disturbed area, which are not part of a larger plan and
meet the criteria detailed in 3(a) above, are eligible for reduced stormwater fees
contingent upon extent of BMP's utilized. The Administrator shall grant a fifty -
percent (50%) reduction in permit fees if it is determined project stormwater
measures achieve greatest practicable treatment of post -construction runoff. LEED,
Green Globe, NC Healthy Built Home, Clear Water Contractor, and other
programs/certifications recognized at the national or state level to be consistent with
LID project goals shall receive consideration as positively impacting overall
stormwater treatment. Reduced building permit fees may also be granted by the
Building Inspector for "Green" building practices/materials used, and will supplement
any fee reductions granted under this ordinance.
5. Plan review fees shall be double posted amount when land disturbing activity begins
before a required Stormwater Control Permit is issued by the Town.
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6. The Administrator shall review the submittal for completeness and for compliance
with the requirements of this ordinance. An incomplete or nonconforming permit
application will be returned to the applicant within two business days with an
explanation of issues requiring resolution before plan review can be initiated.
7. Within thirty (30) days of receipt of complete application for development approval,
the Administrator shall take action on the plan.
8. Approval, approval with modifications, or denial of the proposed stormwater control
measures shall be in writing. In the case of denial, the reasons for denial shall be
clearly stated. The applicant may appeal the decision of the Administrator to the
Board of Adjustment. In the event a Stop Work Order has been issued for any
violation of this ordinance, the party seeking to challenge the Order may request a
special meeting of the Board of Adjustment to ensure a timely resolution of the
matter.
9. Upon appeal, the Montreat Board of Adjustment will conduct a hearing in the nature
of a quasi-judicial proceeding with all findings of fact supported by material evidence.
10. Decisions appealing the final decision by the Board of Adjustment may be filed in
Buncombe County Superior Court, to be reviewed by proceedings in the nature of
certiorari, within thirty (30) days of the final decision of the Board of Adjustment.
11. The Administrator shall take action on revisions to a stormwater control application
which has been previously denied, within fifteen (15) days of receipt of the revised
plan application for approval.
12. If a revised application is not re -submitted within sixty (60) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and a
new submittal for the same or substantially the same project shall be required along
with the appropriate fee and pursuant to the then current standards.
13. Application for an amendment to an approved Stormwater Control Plan in written
and graphic form may be made at any time. Until such time as an amendment is
approved by the Administrator, it shall be unlawful to deviate from the approved
plan.
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14. A Stormwater Control Permit shall become null and void if the applicant has failed to
make substantial progress within the prescribed timeframe as defined in this
ordinance. The Administrator may grant a single, one -month extension of this time
limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
304. Permit Application and Plans.
The stormwater permit application shall describe in detail how post -development stormwater
run-off will be controlled and managed, the design of all stormwater facilities and practices,
and how the proposed project will meet the requirements of this ordinance. The following
information should also be included in the submittal:
1. Existing Conditions / Proposed Site Plans. Existing conditions and proposed
site layout sketch plans, which illustrate at a minimum: existing and proposed
topography; perennial and intermittent streams; mapping of predominant soils
from soil surveys (when available); boundaries of existing predominant
vegetation and proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other impervious
surfaces.
2. Natural Resources Inventory: A written or graphic inventory of the
natural resources at the site and surrounding area as it exists prior to the
commencement of the project. This description should include a discussion of
soil conditions, forest cover, geologic features, topography, wetlands, and native
vegetative areas on the site, as well as the location and boundaries of other
natural feature protection and conservation areas such as lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development.
3. Stormwater Management System Plan. A written or graphic concept plan of
the proposed post -development stormwater management system including:
preliminary selection and location of proposed structural Stormwater controls;
low impact design elements; location of existing and proposed conveyance
systems such as grass channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of proposed stream channel
modifications, such as bridge or culvert crossings.
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4. Area -Based Requirements.
a) Larger Development Projects:All stormwater management plans relating
to subdivisions or development or redevelopment plans on lots equal to
or greater than one acre, or on lots less than an acre with at least 10,000
square feet disturbed area, or which are part of a larger common plan of
development or sale, including a subdivision, Planned Unit Development,
or other Special Use shall be prepared by a qualified registered North
Carolina professional engineer, environmental scientist or landscape
architect, and the consulting professional shall perform services only in
their area of competence. The Administrator shall determine if the
consulting professional may verify that the design of all stormwater
management facilities and practices meets submittal requirements for
complete applications, and that the designs and plans are sufficient to
comply with this ordinance.
b) Smaller Projects: Stormwater management plans relating to
development or qualifying redevelopment on lots less than 10,000
square feet disturbed area in size shall meet the minimum permit
application requirements of Section 304. 1-3, and applicants shall provide
designs demonstrating adequate stormwater management measures
selected from a list of approved BMP's as follows:
• Diffuse or Directed Flow Designs
• Rain Gardens
• Backyard Wetland
• Stormwater Collection (Cistern) and Reuse Systems
• Vegetated Swales
• Impervious Removal
• Permeable Pavement*
*Due to the higher clay content and low permeability of many soils in our region, permeable
pavement's usefulness is limited to detention as a stormwater management tool in Western
North Carolina.
Detailed information regarding the design, installation and maintenance of the stormwater
management BMP's listed above are contained in the CCAP Stormwater Best Management
Practice Design Manual prepared by Biological and Agricultural Engineering Department of
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Article III: Stormwater Management
NCSU, and published in cooperation with NCDENR. A copy of the manual is retained at the
Town Zoning and Inspections Department, or available at the following website:
http://www.bae.ncsu.edu/stormwater/PublicationFiles/DSWC.Manual.2007.pdf
5. As -Built Plans and Final Approval. Upon completion of a project, and before a
certificate of occupancy shall be granted, the applicant shall certify that the
completed project is in accordance with the approved stormwater management
plans and designs, and shall submit actual "as built" plans for all stormwater
management facilities or practices after final construction is completed. The
plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation
of all measures, controls, and devices, as installed.
For larger development projects referenced in Section 304. 4 (Area -Based Requirements), the
designer of the stormwater management measures and plans shall certify, under seal, that the
as -built stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this ordinance. A
final inspection and approval by the Stormwater Administrator shall occur before the release of
any performance securities or a Certificate of Occupancy is issued.
Approval authorizes the applicant to go forward with only the specific plans and activity
authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
305. General Standards.
Until such time as a comprehensive watershed management plan for the Swannanoa Basin is
developed, the following guidelines apply.
1. All built -upon area shall be at a minimum of 30 feet landward on all sides of any
surface water as measured horizontally on a line perpendicular to a vertical line
marking the edge of the top of the bank. A perennial or intermittent surface
water shall be present if the feature is approximately 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). An exception to this
requirement may be allowed when surface waters are not present in accordance
with the provisions of 15A NCAC 2B .0233 (3) (a) or similar site -specific
determination made using Division of Water Quality -approved methodology.
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2. All other projects which are not exempt from this ordinance must submit a
stormwater management plan in order to receive a permit.
3. The approval of the stormwater permit shall require an enforceable restriction
on property usage that runs with the land, such as a recorded deed restriction or
protective covenants, or designated space on approved preliminary plat or
master plan to ensure that future development and redevelopment maintains
the site consistent with the approved project plans.
4. When a Stormwater BMP or management system is established under the
control of a neighborhood association or other private entity, the developer shall
develop and provide an operations and maintenance manual on the BMP to the
entity as well as to the Town of Montreat Zoning and Inspections Department for
future reference.
5. All development and qualifying redevelopment projects which cumulatively
disturb at least 10,000 square feet or which are a part of a larger plan shall
implement stormwater control measures that comply with the following
standards:
a) Project sites must employ Low Impact Development (LID) practices to
analyze the infiltration capacity and natural drainages of the site and
develop a system of controls which mimic the existing natural hydrology
and which cumulatively capture and treat the runoff from the first inch of
rainfall.
LID practices may include any combination of site design techniques, strategies, and BMPs to
store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre -
development runoff thereby limiting the increase in pollutant loads caused by development.
b) Wherever LID practices are not achievable, or have not been
demonstrated the management measures controlling the final run-off
from the site shall control and treat the difference in stormwater runoff
volume leaving the project site between the pre -and post -development
conditions for, at a minimum, the 1-year, 24-hour storm as determined
by NOAA data for Black Mountain.
(See http://dipper.nws.noaa.gov/hdsc/pfds/orb/nc pfds.html)
Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours.
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c) All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids.
d) Peak storm water runoff rates shall be controlled for all development at
or exceeding 24% built upon area for both LID and conventional
approaches. The peak storm water runoff release rates leaving the site
during post -construction conditions shall be equal to or less than the pre -
development peak storm water runoff release rates for the 1-year
frequency, 24-hour duration storm event as determined by NOAA data
for Black Mountain. The emergency overflow and outlet works for any
pond or wetland constructed as a stormwater BMP shall be capable of
safely passing a discharge with a minimum recurrence frequency of 50
years. For detention basins, the temporary storage capacity shall be
restored within 72 hours. Requirements of the Dam Safety Act shall be
met when applicable.
e) No one BMP shall receive runoff from an area greater than three (3)
acres. However, the total drainage area from BMPs used in series (i.e.,
integrated) can exceed this three (3) acre maximum.
306. Standards for Stormwater Control Measures.
1. Evaluation According to Contents of Design Manual. All stormwater control
measures and stormwater treatment practices (also referred to as Best
Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies,
criteria, and information, including technical specifications and standards and
the specific design criteria for each stormwater practice, in the Design Manual.
The Stormwater Administrator shall determine whether they will be adequate to
meet the requirements of this ordinance.
2. Determination of Adequacy; Presumptions and Alternatives. Stormwater
treatment practices that are designed, and constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be
presumed to meet the minimum water quality and quantity performance
standards of this ordinance. Whenever an applicant proposes to utilize a
practice or practices not designed and constructed in accordance with the
criteria and specifications in the Design Manual, the applicant shall have the
burden of demonstrating that the practice(s) will satisfy the minimum water
quality and quantity performance standards of this ordinance. The Stormwater
Administrator may require the applicant to provide such documentation,
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calculations, and examples as necessary to determine whether such an
affirmative showing is made.
307. Additional Standards.
1. Trout Waters. In addition to standards for stormwater handling set out in the
design manual, larger development and redevelopment projects that drain in
whole or part to class TR waters shall design and implement the best stormwater
practices that do not result in a sustained increase in the receiving water
temperature, while still meeting the other requirements of this ordinance.
Smaller qualified projects that are determined to create a potential negative
impact to class TR waters due to design, type of improvement, or other
relevant factors, shall also be required to comply with this standard.
2. Onsite Wastewater.
a) Operation and Maintenance Requirements: New and replaced onsite
systems for domestic wastewater installed after the effective date of this
ordinance must be approved and permitted by the Buncombe County
Health Department. Both the Buncombe County septic permit and
documentation showing the operation and maintenance for the system
are required before a Town Building Permit may be issued.
b) Standards for Operation and Maintenance: Onsite systems for domestic
wastewater covered by this ordinance shall be operated and maintained
so as to avoid adverse effects on surface water and groundwater,
including eutrophication of surface water and microbial or nitrate
contamination of groundwater. Septic tank residuals shall be pumped
whenever necessary to assure the proper operation of the system to
meet these standards, and the septage shall be reused or disposed of in a
manner that does not present significant risks to human health, surface
water or groundwater.
308. General Standards for Maintenance
1. Function of BMPs as Intended. The owner of each structural BMP installed
pursuant to this ordinance shall maintain and operate it so as to preserve and
continue its function in controlling stormwater quality and quantity at the
degree or amount of function for which the structural BMP was designed.
2. Annual Maintenance Inspection and Report. The person responsible for
maintenance of any structural BMP installed pursuant to this ordinance shall
submit to the Stormwater Administrator an annual inspection report using
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standard forms supplied by the Administrator or, if deemed acceptable, provided
by the designer of each engineered system. The inspection report shall contain
all of the following:
• The name and address of the land owner;
• The recorded book and page number of the lot of each structural BMP;
• A statement that an inspection was made of all structural BMPs;
• The date the inspection was made;
• A statement that all inspected structural BMPs are performing properly
and are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance or, if not functioning
as designed, a detailed description of each deficiency and how the
condition was corrected, and
• For engineered structural systems requiring detailed monitoring of
specific water quality parameters and indicators, the original signature
and seal of the engineer, surveyor, or landscape architect performing
services only in their area of competence. Systems requiring more
frequent monitoring or inspections shall be maintained according to
design requirements.
All inspection reports shall be on forms supplied by the Stormwater Administrator unless
otherwise approved. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as -built certification and each year
thereafter on or before the date of the as -built certification.
309. Operation and Maintenance Agreement
1. In General. Prior to the conveyance or transfer of any lot or building site to be
served by a structural BMP pursuant to this ordinance, and prior to issuance of
any permit for development or redevelopment requiring a structural BMP
pursuant to this ordinance, the applicant or owner of the site must execute an
operation and maintenance agreement that shall be binding on all subsequent
owners of the site, portions of the site, and lots or parcels served by the
structural BMP. Until the transference of all property, sites, or lots served by the
structural BMP, the original owner or applicant shall have primary responsibility
for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain,
repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions,
and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town a
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right of entry in the event that the Stormwater Administrator has reason to believe it has
become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP;
however, in no case shall the right of entry, of itself, confer an obligation on the Town to
assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval and shall be referenced on the final plat recorded with the
County Register of Deeds upon final plat approval. A copy of the recorded maintenance
agreement shall be given to the Stormwater Administrator within fourteen (14) days following
its recordation.
2. Special Requirement for Homeowners' and Other Associations. For all structural
BMPs required pursuant to this ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or
similar entity, the required operation and maintenance agreement shall include
all of the following provisions:
a) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities;
b) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural BMPs;
If structural BMPs are not performing adequately or as intended or are not properly
maintained, the Town, in its sole discretion, may remedy the situation, and in such instances
the Town shall be fully reimbursed from the escrow account. Escrowed funds may be spent by
the association for sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs, provided that the Town Administrator or
his/her designated Stormwater Administrator shall first consent to the expenditure.
c) Both developer contribution and annual deposits for future use of
"sinking funds" shall fund the escrow account. Prior to plat recordation or
issuance of construction permits, whichever shall first occur, the
developer shall pay into the escrow account an amount equal to fifteen
per cent (15%) of the initial construction cost of the structural BMPs;
Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be deposited within ten (10)
years following initial construction of the structural BMPs.
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Funds shall be deposited each year into the escrow account to cover the cost of maintenance.
A portion of the annual assessments of the association shall include an allocation into the
escrow account. Any funds drawn down from the escrow account shall be replaced in
accordance with the schedule of anticipated work used to create the sinking fund budget.
d) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Town depending on the design and
materials of the stormwater control and management facility;
e) Granting to the Town a right of entry to inspect, monitor, maintain,
repair, and reconstruct structural BMPs;
f) Allowing the Town to recover from the association and its members any
and all costs the Town expends to maintain or repair the structural BMPs
or to correct any operational deficiencies. Failure to pay the Town of its
expended costs, after forty-five (45) days written notice, shall constitute
a breach of the agreement;
The Town shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien hereby authorized by the agreement against the
property, or both, in case of a deficiency. Interest, collection costs, and attorney fees shall be
added to the recovery.
g) A statement that this agreement shall not obligate the Town to maintain
or repair any structural BMPs, and that the Town shall not be liable to
any person for the condition or operation of structural BMPs;
h) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the Town to enforce any of its ordinances as
authorized by law; and
i) A provision indemnifying and holding harmless the Town for any costs
and injuries arising from or related to the structural BMP, unless the
Town has agreed in writing to assume the maintenance responsibility for
the BMP and has accepted dedication of any and all rights necessary to
carry out that maintenance.
310. Inspection Program
Inspections and inspection programs by the Town may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations; and joint inspections
with other agencies inspecting under environmental or safety laws. Inspections may include,
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but are not limited to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. §15-
27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater
Administrator while carrying out his or her official duties.
311. Performance Security for Installation and Maintenance
1. The Town may, at its discretion, require the submittal of a performance security
or bond with surety, cash escrow, letter of credit or other acceptable legal
arrangement prior to issuance of a permit in order to ensure that the structural
BMPs are (1) installed by the permit holder as required by the approved
stormwater management plan, and/or (2) maintained by the owner as required
by the operation and maintenance agreement. This requirement may be
instituted in addition to and in conjunction with other performance security or
bond requirements the Town may require in conjunction with a subdivision or
development plan.
2. The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus twenty-five
percent (25%).
3. The amount of a maintenance performance security shall determined based on
the type of BMP and a projected annual maintenance cost as recorded in the
maintenance agreement.
4. Uses of Performance Security.
a) Forfeiture Provisions: The performance security shall contain
forfeiture provisions for failure, after proper notice, to complete work
within the time specified, or to initiate or maintain any actions which may
be required of the applicant or owner in accordance with this ordinance,
approvals issued pursuant to this ordinance, or an operation and
maintenance agreement established pursuant to this ordinance.
b) Default: Upon default of the owner to construct, maintain, repair
and, if necessary, reconstruct any structural BMP in accordance with the
applicable permit or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of the
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security to make necessary improvements based on an engineering
estimate.
Such expenditure of funds shall be made after requesting the owner to
comply with the permit or maintenance agreement. In the event of a
default triggering the use of installation performance security, the Town
shall not return any of the unused deposited cash funds or other security
which shall be retained for maintenance.
c) Costs in Excess of Performance Security: If the Town takes action
upon such failure by the applicant or owner, it may collect from the
applicant or owner for the difference, should the amount of the
reasonable cost of such action exceed the amount of the security held.
d) Refund: Within sixty (60) days of the final approval, the installation
performance security shall be refunded to the applicant or terminated,
with the exception of any amount attributable to the cost (plus 25%) of
landscaping installation and ongoing maintenance associated with the
BMPs covered by the security. Any such landscaping shall be inspected
one (1) year after installation with replacement for compliance with the
approved plans and specifications and, if in compliance, the portion of
the financial security attributable to landscaping shall be released.
312. Notice to Owners
1. Deed Recordation and Indications On Plat. The applicable operations and
maintenance agreement, including but not limited to conservation easement, or
dedication and acceptance into public maintenance, pertaining to every
structural BMP shall be referenced on the final plat and shall be recorded with
the County Register of Deeds upon final plat approval.
If no subdivision plat is recorded for the site, then the operations and maintenance agreement,
or conservation easement, or dedication and acceptance into public maintenance, lwhichever is
applicable] shall be recorded with the County Register of Deeds so as to appear in the chain of
title of all subsequent purchasers under generally accepted searching principles.
2. Signage. For homeowners and other associations, and where else deemed
appropriate for the compliance of this ordinance, the Stormwater Administrator
may require a structural BMPs to be posted with a conspicuous sign stating who
is responsible for required maintenance and annual inspection. The sign shall be
maintained so as to remain visible and legible.
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3. Records of Installation and Maintenance Activities. The owner of each
structural BMP shall keep records of inspections, maintenance, and repairs for at
least five (5) years from the date of creation of the record and shall submit the
same upon reasonable request to the Stormwater Administrator.
Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate
maintenance and repair in accordance with the maintenance agreement, including, but not
limited to a maintenance easement. If a maintenance easement is provided then it shall be
recorded and its terms shall specify who may make use of the easement and for what purposes.
313. Illicit Municipal Discharges and Connections
The Federal Phase II rule specifies that local communities shall prohibit any discharge to a
municipal separate storm unless it:
1. Consists of a discharge pursuant to an NPDES permit; or
2. Consists of a discharge from fire fighting activities; or
3. Consists of a discharge in any of the following categories, and the operator of the
small MS4 has not identified that category as a significant contributor of
pollutants to its small MS4:
• Water line flushing;
• Landscape irrigation;
• Diverted stream flows;
• Rising ground waters;
• Uncontaminated ground water infiltration;
• Uncontaminated pumped ground water;
• Discharges from potable water sources;
• Foundation drains;
• Air conditioning condensation (commercial/residential);
• Irrigation waters;
• Springs;
• Water from crawl space pumps;
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• Footing drains;
• Lawn watering;
• Individual residential car washing and charity car washing;
• Flows from riparian habitats and wetlands;
• De -chlorinated swimming pool discharges; and
• Street wash water.
314. Other Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly
or indirectly to any stormwater conveyance, the waters of the State, or upon the land in
manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, pet feces or
animal waste, paints, garbage, and litter, or any liquid, solid, gas, or other substance, other than
stormwater, provided that non-stormwater discharges associated with the following
activities are allowed, provided that they do not significantly impact water quality:
• Water line flushing;
• Landscape irrigation;
• Diverted stream flows;
• Rising ground waters;
• Uncontaminated ground water infiltration;
• Uncontaminated pumped ground water;
• Discharges from potable water sources;
• Foundation drains;
• Air conditioning condensation (commercial/residential);
• Irrigation waters;
• Springs;
• Water from crawl space pumps;
• Footing drains;
• Lawn watering;
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• Individual residential car washing and charity car washing;
• Flows from riparian habitats and wetlands;
• De -chlorinated swimming pool discharges;
• Street wash water;
• Flow from fire fighting activities; and
• Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be
authorized by the Town.
315. Illicit Connections
1. Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in
section above, are unlawful. Prohibited connections include, but are not limited
to: floor drains, waste water from washing machines or sanitary sewers, wash
water from commercial vehicle washing or steam cleaning, and waste water
from septic systems.
2. Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one (1) year following the
effective date of this ordinance. However, the one-year grace period shall not
apply to connections which may result in the discharge of hazardous materials or
other discharges which pose an immediate threat to health and safety, or are
likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
3. Where it is determined that said connection: i) May result in the discharge of
hazardous materials or may pose an immediate threat to health and safety, or is
likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat; or ii) Was made in violation of any applicable
regulation or ordinance, other than this section; the Stormwater Administrator
shall designate the time within which the connection shall be removed. In
setting the time limit for compliance, the Stormwater Administrator shall take
the following into consideration:
• The consequences of delay,
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• The potential harm to the environment, to the public health, and to
public and private property, and
• The cost of remedying the damage.
316. Spills
1. Spills or leaks of polluting substances released, discharged to, or having the
potential to be released or discharged to the stormwater conveyance system,
shall be contained, controlled, collected, and properly disposed. All affected
areas shall be restored to their preexisting condition.
2. Persons in control of the polluting substances immediately prior to their release
or discharge, and persons owning the property on which the substances were
released or discharged, shall immediately notify the Town of the release or
discharge, as well as making any required notifications under State and Federal
law.
3. Notification shall not relieve any person of any expenses related to the
restoration, loss, damage, or any other liability which may be incurred as a result
of said spill or leak, nor shall such notification relieve any person from other
liability which may be imposed by State or other law.
317. Nuisances
1. The owner of each stormwater BMP, whether structural or non-structural BMP,
shall maintain it so as not to create or result in a condition that creates a
potential hazard or nuisance to the health, safety and welfare of the general
public.
2. Illicit discharges and illicit connections which exist within the Town of Montreat
jurisdictions, are hereby found, deemed, and declared to be dangerous or
prejudiced to the public health or public safety and are found, deemed, and
declared to be public nuisances and shall be abated.
318. Enforcement and Violations.
1. Authority to Enforce. The provisions of this ordinance shall be enforced
by the Stormwater Administrator, his or her designee, or any authorized agent of
Town. Whenever this section refers to the Stormwater Administrator, it includes
his or her designee and any authorized agent of the Town.
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2. Violation Unlawful. Any failure to comply with applicable
requirements, prohibitions, standards, or limitations imposed by this ordinance,
or the terms or conditions of any permit, maintenance agreement, or other
development or redevelopment approval or authorization granted pursuant to
this ordinance, is unlawful and shall constitute a violation of this ordinance and is
subject to the same civil or criminal penalties as other zoning violations, with
each day that a violation continues constituting a separate offense.
3. Responsible Persons/Entities. Any person who erects, constructs,
reconstructs, alters (whether actively or passively), or fails to erect, construct,
reconstruct, alter, repair or maintain any structure, BMP, practice, or condition
in violation of this ordinance shall be subject to the remedies, penalties, and/or
enforcement actions in accordance with this section.
Persons subject to the remedies and penalties set forth herein may include any architect,
engineer, builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation
of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results
or persists; or an owner, any tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the violation occurs.
4. Person Maintainine Condition Resultine In or Constitutine Violation. An
architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists.
5. Responsibility For Land or Use of Land. The owner of the land on which the
violation occurs, any tenant or occupant of the property, any person who is
responsible for stormwater controls or practices pursuant to a private
agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.
6. Remedies and Penalties. The remedies and penalties provided for violations of
this ordinance, whether civil or criminal, shall be cumulative and in addition to
any other remedy provided by law, and may be exercised in any order and can
include:
a) Withholding of Certificate of Occupancy: The Stormwater Administrator
or other authorized agent may refuse to issue a certificate of occupancy
for the building or other improvements constructed or being constructed
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on the site and served by the stormwater practices in question until the
applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein.
b) Disapproval of Subsequent Permits and Development Approvals: As
long as a violation of this ordinance continues and remains uncorrected,
the Stormwater Administrator or other authorized agent may withhold,
and the Town Planning and Zoning Commission or Board of Adjustment
may disapprove, any request for permit or development approval or
authorization provided for by this ordinance for the land on which the
violation occurs.
c) Injunction, Abatements, etc,: The Stormwater Administrator, with the
written authorization of the Town Administrator, may institute an action
in a court of competent jurisdiction for a mandatory or prohibitory
injunction and order of abatement to correct a violation of this
ordinance. Any person violating this ordinance shall be subject to the full
range of equitable remedies provided in the General Statutes or at
common law.
d) Correction as Public Health Nuisance, Costs as Lien, etc.: If the violation
is deemed dangerous or prejudicial to the public health or public safety
and is within the geographic limits prescribed by North Carolina G.S. §
160A-193, the Stormwater Administrator, with the written authorization
of the Town Administrator, may cause the violation to be corrected and
the costs to be assessed as a lien against the property.
e) Stop Work Order: The Stormwater Administrator may issue a stop
work order to the person violating this ordinance. The stop work order
shall remain in effect until the person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn or
modified to enable the person to take the necessary remedial measures
to cure such violation or violations.
f) Civil Penalties: Violation of this ordinance may subject the violator to a
civil penalty to be recovered in a civil action in the nature of a debt if the
violator does not pay the penalty within thirty (30) days after notice of
the violation is issued by the Stormwater Administrator or his/her
designee. Civil penalties may be assessed up to the full amount of penalty
to which the Town is subject for violations of its Phase II Stormwater
permit up to $500.
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g) Criminal Penalties: Violation of this ordinance may be enforced as a
misdemeanor subject to the maximum fine permissible under North
Carolina law.
7. Procedures.
a) Violations: Whenever a violation of this ordinance occurs, or is alleged
to have occurred, any person may file a written complaint in accordance
with the procedures established in the Town of Montreat Code.
b) Extension of Time: A person who receives a notice of violation and
correction order, or the owner of the land on which the violation occurs,
may submit to the Stormwater Administrator a written request for an
extension of time for correction of the violation. On determining that the
request includes enough information to show that the violation cannot
be corrected within the specified time limit for reasons beyond the
control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to
allow timely correction of the violation.
The Stormwater Administrator may grant extensions in addition to the foregoing extension if
the violation cannot be corrected within the permitted time due to circumstances beyond the
control of the person violating this ordinance.
The Stormwater Administrator may grant an extension only by written notice of extension. The
notice of extension shall state the date prior to which correction must be made, after which the
violator will be subject to the penalties described in the notice of violation and correction
order.
c) Enforcement After Time to Correct: After the time has expired to
correct a violation, including any extension(s) if authorized by the
Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected,
the Stormwater Administrator may act to impose one or more of the
remedies and penalties authorized by this ordinance.
d) Emergency Enforcement: If delay in correcting a violation would
seriously threaten the effective enforcement of this ordinance or pose an
immediate danger to the public health, safety, or welfare, then the
Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately.
The Stormwater Administrator may seek immediate enforcement,
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without prior written notice, through any remedy or penalty authorized
by this article.
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ARTICLE IV: HILLSIDE DEVELOPMENT
(Adopted 611112009), (Revised 910812011)
Section I. General Provisions.
1. Purpose. The hillside development regulations of this article shall establish
guidelines for responsible land use addressing both aesthetics (the "viewscape") and
slope stability, utilizing approved methods of erosion prevention and stormwater
control. Montreat contains intensely varied topography within a relatively small area,
involving significant regions that transition abruptly from gentle slope to steep gradient.
These factors pose unique challenges for the location and installation of structures
while preserving the natural aesthetic characteristic of the Town. It has been
determined that measures must be taken to ensure the stability of our hillsides while
permitting continued low -impact development.
2. Scope. Except as otherwise expressly stated, the hillside development
regulations of this article apply to all development within Montreat and the
unincorporated areas of Buncombe County inside the extraterritorial jurisdiction of
Montreat.
3. Applicability and Exemptions. The hillside development regulations of this
article do not apply to any of the following development activities:
a) Land disturbing activities involving property with an existing slope less than forty
percent (40%);
b) Land disturbing activities associated with the installation of water quality Best
Management Practices (BMP's) as set forth in the Stormwater Best Management
Practices Manual published by the North Carolina Division of Water Quality. The
BMP's shall not affect the calculation of Approved Graded Area (AGA) if
revegetation of the disturbed area is determined to adequately offset negative
impacts of disturbance;
c) Minor improvements to properties involving the addition of one hundred (100)
square feet impervious surface or less, and for which no grading or building
permit are required;
d) Activities undertaken on forestland for the production or harvesting of timber
and timber products and conducted in accordance with best management
practices as set out in Forest Practice Guidelines Related to Water Quality
referenced as follows:
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http://www.ncforestry.org/docs/Landowners/regulations/mgmt practices.htm
f) Activities for which a permit is required under the mining act, G.S. 74-46 et seq.:
http://www.dlr.enr.state.nc.us/pages/miningprogram.html
g) Any development in which the owner has accrued a vested right. For the
purposes of this Article only, a vested right is recognized if either (i) a preliminary
plan has been approved by the Planning Board that meets the required
specifications and standards of the Town of Montreat ordinances, Buncombe
County ordinances, or (ii) a Land Disturbing Permit has been issued pursuant to a
Buncombe County Soil Erosion and Sedimentation Control ordinance in effect on
or before the effective date of this ordinance, and that such plan or permit
remains unexpired.
A party in interest to a particular plan found to have no vested right to construct or develop on
or before the effective date of this ordinance may appeal to the Town of Montreat Board of
Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the
issue of whether the landowner has a vested right to construct or develop their site under plans
submitted to the effective date of this ordinance.
4. Interpretation of Certain Words or Terms. Except as specifically defined herein, all
words used in this Ordinance have their customary dictionary definitions. For the
purposes of this Ordinance, certain words or terms used herein are defined as follows:
a) Words used in the present tense include the future tense. Words used in the
singular include the plural, and words used in the plural include the singular;
b) The word "shall" is always mandatory;
c) The word "may" is permissive;
d) The word "lot" includes the word "plot" or "parcel";
e) The term "remediation" refers to aesthetic remediation as defined herein;
f) The word "person" includes a firm, association, organization, partnership, trust
company, limited liability company, or corporation as well as an individual;
g) The terms "Department," "Office(s)," or "Zoning and Inspections" refer to the
Town of Montreat Zoning and Inspections Department;

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h) The term "Planning Commission" refers to the Montreat Planning and Zoning
Commission. The terms "Town Commissioners" "Town Board of Commissioners"
or "Mayor and Town Commissioners" refer to the legally constituted and elected
governing body of the Town of Montreat. The term "Board of Adjustment" refers
to the Zoning Board of Adjustment for the Town of Montreat.
5. Definitions.
Aesthetic remediation: A variety of measures including, but not limited to, reclamation of
non -developed portions of a disturbed area through reforestation, revegetation, naturescaping
or other approved methods to restore the character of an area representative of its natural
state; (re)introduction of approved plant species or modification of color and/or texture of
surface materials to mitigate the undesirable visual impact of specific structural elements
associated with a development project.
Aggregate Visible Area (AVA): The sum, expressed in square feet, of all exposed (plane) surfaces
associated with a structure. Material exhibiting a high Light Reflectance Value of greater than
thirty-two percent (>32%) represents a significant impact upon the viewscape when the
aggregate quantity exceeds one hundred and fifty (150) square feet. A structure located within
the Hillside Development Area having existing slope of forty percent (40%) or greater, with more
than one hundred and fifty (150) square feet AVA and high Light Reflectance Value
finishes/materials, shall require aesthetic remediation.
Applicant: An owner or developer of a site who executes the Hillside Development Permit
Application pursuant to Town of Montreat Hillside Development Ordinance.
Approved Graded Area (AGA): The maximum surface area (measured in square feet) of a
proposed development site that may be graded pursuant to execution of a Hillside Development
Permit. Portions of the AGA unimproved by addition of structure(s) or impervious surfaces shall
be remediated before issuance of the Certificate of Occupancy.
Artificial slope: Any land disturbing activity that modifies an existing slope.
Best Management Practices (BMP): Best Management Practices (BMP's) consist of both
structural and non-structural methods of preventing exposure to stormwater runoff, and
provide measures designed to remove a substantial percentage of any pollutants that may be
present in the stormwater stream. BMP's also treat the volume of stormwater leaving a
developed site with the goal of approximating pre -construction, or natural conditions.
Cut slope: Exposed ground surface resulting from excavation of material.
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
Develop: Conversion of land to new service or purpose so as to make use of its resources, or to
use the land for residential or commercial purposes.
Development density: The total number of primary structures permitted per unit area as
modified by existing grade.
Development intensity: The permitted ratio, expressed as percentages, of unimproved
(preserved) area versus developed (buildings, parking, other improvements) area.
Disturbed area: The portions of a development project that include graded areas disturbed so
as to remove the natural cover in conjunction with development activities; both pervious and
impervious surfaces installed and/or constructed including, but not limited to, buildings;
concrete/asphalt pavement and gravel areas such as parking lots, patios, roads, and paths; lawn
and artificially surfaced (e.g. recycled rubber mulch, crushed brick, etc) areas; retention
structures including, but not limited to, timber, stone and masonry walls; buried tanks or
cisterns, etc. Grading activities undertaken exclusively for the installation of legally permitted
septic leach/drainage field systems are not regulated under the requirements of this definition.
Existing grade: The vertical elevation of the land as it exists on the adoption date of this
ordinance.
Existing grade is determined as follows:
Calculation of Existing Grade. The applicant may submit calculations of the existing grade
for the entire parcel or for the proposed graded area; these calculations shall be sealed by a
licensed surveyor, engineer, or landscape architect. If no calculations are provided, the Town of
Montreat may calculate the existing grade of any entire parcel - or portion thereof - using
Buncombe County's "Slope Tool" http://72.250.240.51/slopetool/ or calculate the average slope
of any portion of a parcel using the following formula:
S = .0023MR)
A
Where: S = Existing grade of parcel or fraction thereof, in percent
I = Contour interval of map in feet, with said contour intervals to be five
feet or less
L = Total length of the contour lines within the parcel or fraction thereof, in feet
A = Area of the parcel or fraction thereof, in acres
0.0023 = Product of two constants, one of which converts feet into acres and one
of which converts a decimal fraction into a percentage
Once "S" is calculated, it shall be rounded to the nearest whole number.
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
The advantage of submitting calculations for existing grade within the proposed graded area
may be realized by providing evidence that improvements will be limited to less steeply -sloped
portions of a lot, thereby reducing restrictions placed upon development based upon existing
grade.
Fill slope: Exposed ground surface resulting from deposition of material.
Finished grade: Proposed final elevation of a given lot area (surrounding a structure)
subsequent to completion of development activities.
Geotechnical Assessment (GA): A comprehensive analysis of soil type(s), composition and
characteristics (colluvial, cohesive or expansive, pH, water retention, etc.) conducted pursuant
to proposed development of a building site.
Global Stability (GS): Geotechnical analysis of characteristics within a reinforced soil mass
evaluating potential slip surfaces or failure planes that can go behind or through the reinforced
soil mass. Global Stability shall be included in assessment of all development if recommended by
the consulting geotechnical engineer. The analysis takes into consideration the following
factors:
• The overall geometry of the structural system installed including, but not limited to,
foundation & retaining walls, footings, etc., and the slopes above and below the system.
• Loading or surcharge conditions (e.g. 250 pounds per square foot (3.65 kPa) for highway
loading). Any superimposed load, with the exception of retained earth, shall be
considered surcharge.
• Soil parameters (shear strength and unit weight of the soil) determined by the
laboratory tests of the soil conducted as part of a geotechnical survey or assessment.
• Subsurface and surface water conditions (groundwater can have a negative effect on
slope stability).
Hillside Development Area: That region inside the Town of Montreat boundaries and
unincorporated areas of Buncombe County within Montreat extraterritorial jurisdiction (ETJ)
with an existing slope equal to forty percent (40%) or greater.
Impervious surface: Any surface that does not allow water to percolate through, or significantly
penetrate, for natural absorption by the ground within a twenty-four (24) hour period, including
but not limited to: rooftops; parking/driving areas finished with asphalt, concrete, or densely -
compacted gravel; patios, or pools.
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
Improved site: A lot or parcel that contains disturbed area(s) attributable to development
activities.
Land disturbing activity: Any use of, or operations on, the land by any person or firm in
residential, industrial, educational, institutional, or commercial development, including road
construction and maintenance, that results in a change in the natural cover or topography.
Light Reflectance Value (LRV): A measurement used to express the percentage (0-100%) of light
reflected from the surface of a material. Large exposed regions of structures with LRV greater
than thirty-two percent (>32%) shall require aesthetic remediation.
Low Impact Development (LID): A term used in the United States to describe a land planning
and engineering design approach to managing stormwater runoff. LID emphasizes conservation
and use of on -site natural features to protect water quality.
Natural grade: The elevation of a given lot area before any land disturbing activities commence.
Naturescaping: Landscaping installed using only native plant species and materials
endemic to the region.
Non -conforming Improved Lot: Any improved lot in existence prior to adoption of this
ordinance that, whether by aggregate graded area and/or existing impervious area, exceed the
permitted limits established herein.
Reforestation: The action of renewing forest cover as by natural seeding or by the artificial
planting of seeds or young trees.
Revegetation: Reintroducing entirely native, or a combination of at least fifty -percent (50%)
native and approved non-native, plant species (see Appendix A) back into a disturbed area to
effect aesthetic remediation and prevent potential erosion.
Slope: The extent to which a land form deviates from the perfectly horizontal as expressed in
percent, degree or ratio. To ensure consistent conversion between these separate methods of
expressing the extent of slope, the following explanatory table is provided as part of this
definition.
[CONTINUED ON FOLLOWING PAGE]
191

Degrees
Degrees
Horizontal
Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
Slope Measurements
Ratio
H(Run) : V(Rise)
Vertical
Percent
V(Rise)
H(Run)
:Vertical
Horizontal
450
1H:1V
100%
390
1.25H:1V
80%
340
1.5H:1V
67%
30'
1.75H:1V
57%
27°
2HAV
50%
22°
2.5H:1V
40%
18°
3HAV
33%
14°
4HAV
25%
8.5°
6.7HAV
15%
PIN tell,
Structure: Anything constructed or erected, the use of which requires permanent location
on the ground, or attachment to something having a permanent location on the ground,
including fences, business signs, and driveways.
Viewscape: The overall aesthetic impression a view presents at any given time within
commonly traveled or occupied locations inside Montreat and/or its extraterritorial jurisdiction.
Section II. Administration and Procedures.
1. Administration of this Ordinance. All questions arising in connection with this
Ordinance shall be presented first to the Code Administrator who shall be responsible
for the day-to-day administration of this Ordinance. The Board of Adjustment shall have
the authority to rule on matters of interpretation of this Ordinance and consider appeals
from the decisions of the Code Administrator. Any appeal from a decision of the Board
of Adjustment shall be to the courts as provided by law.
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
2. Review and Appeals Procedure.
a) A Hillside Development Permit is required for all development and
redevelopment on lots with an existing slope of forty percent (40%) or greater,
unless exempt pursuant to this ordinance.
b) Two (2) copies of a site plan including the following information shall be
submitted:
1. Orientation referencing north meridian;
2. Scale of drawing; boundaries and acreage of the parcel;
3. Location of adjacent streets and any easements;
4. Location of existing and/or proposed structures including setbacks;
structure dimensions and separation distance(s);
5. Contour interval(s) of existing and proposed contours; and
6. Clear graphic indication of any proposed alterations or additions
c) The site plan and permit application shall be accompanied by results from the
required Geotechnical Assessment and recommendations from a North Carolina -
registered geotechnical engineer.
d) Application and permit review fees shall be established by the Montreat Board of
Commissioners and posted in the fee schedule for Town services.
e) Plan review fees shall be double the posted amount when land disturbing activity
begins before a Hillside Development Permit is issued by the Town.
f) The Department shall review the submittal for completeness and for compliance
with the requirements of this ordinance. An incomplete or nonconforming
permit application will be returned to the applicant prior to review with an
explanation of issues requiring resolution before plan review can be initiated.
g) Within thirty (30) days of receipt of complete application for hillside development
approval, the Department shall take action on the plan.
h) Approval, approval with modifications, or denial of the proposed hillside
development project shall be in writing. In the case of denial, the reasons for
denial shall be clearly stated. The applicant may appeal the decision of the Code
Administrator to the Board of Adjustment.
i) Upon appeal, the Montreat Board of Adjustment will conduct a hearing in the
nature of a quasi-judicial proceeding with all findings of fact supported by
material evidence.
193

3
Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
j) Decisions appealing the final decision by the Board of Adjustment may be filed in
Buncombe County Superior Court, to be reviewed by proceedings in the nature of
certiorari, within thirty (30) days of the final decision of the Board of Adjustment.
k) The Code Administrator shall take action on revisions to a hillside development
application which has been previously denied, within fifteen (15) days of
receipt of the revised plan application for approval.
1) If a revised application is not re -submitted within sixty (60) calendar days from
the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same project
shall be required along with the appropriate fee and pursuant to the then
current standards.
m) Application for an amendment to an approved hillside development plan in
written and graphic form may be made at any time. Until such time as an
amendment is approved by the Code Administrator, it shall be unlawful to
deviate from the approved plan.
n) A hillside development permit shall become null and void if the applicant has
failed to make progress on the site within six (6) months after the date of
approval. The Code Administrator may grant a single, six-month extension of this
time limit, for good cause shown, upon receiving a written request from the
applicant before the expiration of the approved plan.
Penalties for Violation.
Civil penalties may be imposed as follows:
a) Any person who violates any of the provisions of this article, or rules or orders
adopted or issued pursuant to this article, or who initiates or continues
improvement to property for which a hillside development permit is required,
except in accordance with the terms, conditions and provisions of an approved
plan shall, upon conviction, be guilty of a misdemeanor and shall be subject to a
fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed
thirty (30) days as provided by N.C.G.S.§ 14-4 and § 15A- 1340.23. Each day
such violation continues shall constitute a separate offense pursuant to N.C.G.S.
§160A-175 (g). Additional fees may be charged for remedies and enforcement of
this ordinance.
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
b) No penalty shall be assessed until the applicant is notified of the violation by
registered or certified mail, return receipt requested, or, if reasonable attempts
to contact the applicant have failed, by conspicuously posting the property in
such manner as to be readily visible from an adjacent street or public
thoroughfare for a period not less than ten (10) days giving notice to the
violation.
A posting affidavit shall be required, including graphic record of the noticing, and
filed with Zoning and Inspections Department. The notice shall list the parcel
identification number and location of the property, the date, the applicant's
name and a description of the violation in reasonable detail. It shall also specify
the timeframe in which the violation shall be corrected, and warn that failure to
correct the violation within the prescribed time period will result in the
assessment of civil penalty or other enforcement action.
c) If the violation has not been corrected within the designated time period, a civil
penalty may be assessed from the date the violation is detected.
d) Refusal to accept the notice or failure to notify the Code Administrator of a
change of address shall not relieve the violator's obligation to pay such penalty.
e) The Code Administrator may refuse to issue a certificate of occupancy for any
building or other improvements constructed or being constructed on a site for
which an approved hillside development permit has been issued until the
applicant has taken the remedial measures set forth in the notice of violation and
cured the violations described therein.
4. Development Standards.
a) Grading. The following requirements shall regulate the extent (see Table 1)
and technique of grading within a hillside development area based on the
existing grade.
[CONTINUED ON FOLLOWING PAGE]
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
Table I. Approved Graded Area.
APPROVED GRADED AREA (AGA) BY SLOPE
SLOPE
AGA
NOTE (*)
40% - 45%
40%
GA (*)
45% - 50%
35%
GA (*)
50% - 55%
30%
GA (*)
55% - 60%+
25%
GA (*)
**NOTE** Slope values shown in the above table shall be interpreted in the following manner:
"40% - 45%" will include all slopes 40% up to any slope less than 45%, etc.
(*) A Geotechnical Assessment shall be required for lots with existing grade forty percent
(40%) or greater. Investigation of Global Stability shall be required as indicated by a
Geotechnical Assessment. The recommendations of a NC registered geotechnical
engineer regarding a particular site may reduce the percentage AGA below the value
indicated.
Applicants may request up to fifty percent (50%) increase of tabular Approved Graded Area by
the Code Administrator if accompanied by a Landscape Plan detailing adequate revegetation of
the disturbed area to offset negative impacts of disturbance. The increase shall only be granted
in cases determined by the Code Administrator to be justified, due to inherent difficulties
associated with the subject lot making adequate grading impractical or upon written
recommendation of a NC registered geotechnical engineer. The additional approved graded
area shall not be built upon to include impervious cover or structures.
b) Front Yard Setback Reduction. Owners of previously -platted parcels with an
existing grade of forty percent (40%) or greater may request up to a fifty percent
(50%) reduction in the required front yard building setback for the associated
Zoning District. Requests will be evaluated on a case -by -case basis, and
permission must be evidenced by written approval bearing signatures of both the
Zoning and Town Administrators.
c) Vehicular Access Construction. Roads, streets and driveways constructed
on any lot, parcel, tract of land or designated right-of-way within a hillside
development area with natural grade forty percent (40%) or greater shall require
consultation with a North Carolina -registered geotechnical engineer prior to land
disturbing activities.
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
The site assessment shall include investigation for colluvial deposits and other
factors indicating potential instability. Recommendations of the geotechnical
engineer shall be submitted with the application for review and approval. All
streets constructed shall meet the minimum street construction standards for
the Town as detailed in (Insert reference to Montreat's Street Standards
Ordinance).
d) Artificial Slopes. Artificial slopes shall be reforested, revegetated,
naturescaped or otherwise remediated to visually integrate disturbed areas into
surrounding terrain with the purpose of maintaining a natural appearance.
Artificial slopes shall not exceed a 1:1 cut and 1.5:1 fill. However, if stable
exposed rock is the intended result, the cut and/or fill slope(s) may be
increased with approval of the Code Administrator and supporting
recommendation from a North Carolina -registered professional engineer.
Remediation shall consist of a combination of trees, shrubs and groundcover plants native to
the area or taken from the list of approved species contained in Appendix A of the Town of
Montreat Zoning Ordinance. A maintenance plan shall be required for remediation areas and
such plan shall include provisions for replacement of dead vegetation when greater than fifty
percent (50%) mortality rate occurs. Invasive plant species, as referenced in list maintained by
NC State University (see link below), shall not be introduced as landscape specimens or for
remediation purposes:
http://www.ncsu.edu/goingnative/howto/mapping/invexse/index.html
e) Preservation of Vegetation. All trees and other natural vegetation shall be
preserved in hillside development areas except within the designated Approved
Graded Area. Non-native invasive species may be removed. For new
development or additions, these preservation areas shall be designated on plans
submitted for development approval. For existing development, aerial
photographs or other methods for determining the extent of tree cover shall be
utilized to enforce this requirement. Preservation areas shall be clearly
designated during all land disturbing activities using protective fencing. If a
property owner desires to remove trees or other protected vegetation required
to be preserved in this section, he or she may submit an alternative landscape
plan for consideration by the Code Administrator. The alternative landscape plan
must contain:
a tree survey of the property showing which trees and protected
vegetation are to be removed and which will remain;
ii. the location of any structures, driveways and other impervious
surfaces; and
197

Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
iii. an explanation of the reason(s) for removal of the required trees
and other protected vegetation, including a statement of how the
removal supports the purposes of this section or how such
removal can be mitigated consistent with the purposes of this
section.
Within two (2) business days of receiving an alternative landscape plan, the Code
Administrator shall approve, approve with conditions, or deny the alternative
landscape plan. If the Code Administrator denies the alternative landscape plan,
the reasons shall be detailed in writing. Appeals of the Code Administrator's
decisions shall be made, in writing, to the Board of Adjustment within thirty (30)
days of denial of the alternative landscape plan.
f) Structure height. The maximum height of principal structures in all
residential zoning districts within hillside development areas shall be limited to
thirty five (35) feet. No structure shall exceed the height requirement of the
underlying zoning district. For the purpose of this section, height shall be
defined as the vertical distance measured from average natural grade
encompassing the living areas of a structure to the highest point of its roofline,
or from the top of the parapet or roof surface for flat -roofed structures.
Carports, garages, decks and other non -inhabited additions to structures that
may increase the building footprint are not included in calculation of average
natural grade.
g) Light Reflectance Value (LRV). Large exposed regions of structures greater
than one hundred and fifty square feet (>150SF) with LRV greater than thirty-two
percent (>32%) shall require aesthetic remediation. Building finish and trim
materials possessing muted colors, natural tones and textures representative of
the structure's surroundings will minimize the visual impact within wooded
areas.
h) Existing Non -Conformities. Non -conforming improved lots in existence
prior to adoption of this ordinance that violate the minimum provisions for AGA
and/or maximum impervious area, shall be combined with contiguous lots in the
same ownership prior to further development and evaluated for compliance with
the minimum provisions of this ordinance. A twenty percent (20%) allowance
shall be made for existing impervious area on improved lots within the
Institutional (1) or Institutional/Residential (I/R) Districts of Montreat. If the
applicant demonstrates that no possibility of combining adjacent lots exist to
achieve compliance, and the maximum allowable increases available for AGA and
impervious area still exceeds allowable tabular values, a variance must first be
obtained from the Board of Adjustment before additional improvements are
permitted for grading or increased impervious area on the property.
198

Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
i) Development Intensity. Intensity of development shall be limited as follows
in hillside development areas of Montreat to preserve, to the greatest
reasonable extent, the viewscape and other natural features that distinguish the
Town from neighboring developed mountain regions. For the purpose of this
section, "impervious ratio" shall mean the quotient obtained from the combined
gross structure footprint and other impervious surface areas on a lot, divided by
the gross area of the lot or site.
Table II. Allowable Development Intensity.
MAXIMUM IMPERVIOUS RATIO/AVA
Existing
Grade
Maximum Allowable
Impervious Ratio
Maximum Allowable
Ratio With Bonus
Aggregate Visible Area (AVA)
Permitted With High LRV (>32%)
40% - 45%
0.30
0.40
* 400 SF
45% - 50%
0.25
0.375
* 350 SF
50% - 55%
0.225
0.338
* 300 SF
> 55%
0.20
0.30
< * 250 SF
**NOTE** Existing grade values shown in the above table shall be interpreted in the
following manner: "40% - 45%" will include all slopes 40% up to any slope less than 45%,
etc.
The maximum impervious ratio may be offset by an intensity bonus accrued through
conscientious measures undertaken to mitigate the impact of improvements within hillside
development areas. The symbol (*) in column 4 of Table II indicates combined area(s) that shall
require remediation to lessen the negative visual effect. "Earth berm" homes, "green" roofs,
LEED, Green Globe, NC Healthy Built Home, Clear Water Contractor, and other sustainable and
innovative alternatives to conventional construction practices, recognized at the national or
state level to be consistent with LID project goals, will receive consideration for development
intensity bonus credit as well.
i) Intensity Bonus. An intensity bonus may be granted for each of the items
listed below. A total intensity bonus of up to fifty percent (50%) of the allowable
intensity may be achieved under this provision through accumulation. No
intensity bonus shall permit a structure to violate requirements of the underlying
zoning district or to allow development in the case of a non -conforming
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
improved lot. Measures such as locating structures and other improvements on
less steep and (environmentally or aesthetically) sensitive areas of a lot and
designating a preservation easement for more sensitive regions, shall receive an
intensity bonus. Less sensitive areas may include previously cleared areas, such
as pastures/fields, old camp or home sites, and logging roads, provided such
clearing predates June 11, 2009.
Grading is limited to ninety percent (90%) or less of the maximum approved graded area
allowed in Table I; bonus of fifteen percent (15%);
1. Grading of streets, access drives and driveways is located outside of
slopes forty percent (AQ%1 or greater and/or is predominately located on
existing cleared areas; bonus of fifteen percent (15%);
2. Structures and parking areas are screened by vegetation to minimize the
visual impact from commonly frequented or accessible areas; bonus of
fifteen percent (15%);
3. The Code Administrator determines that substantial stormwater best
management practices are met in the proposed development, or
rainwater recycling/retention features such as cisterns or rain gardens
are implemented; bonus of fifteen percent (15%);
j) Development Density. Re -combinations, re -development or newly -platted tracts
undergoing development activities, or major/minor subdivisions as defined in the
Subdivision Ordinance for the Town of Montreat with an existing grade of forty
percent (40%) or greater shall conform to the following density table:
[CONTINUED ON FOLLOWING PAGE]
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Montreat General Ordinances
Chapter K - Environment
Article IV: Hillside Development
Table III. Development Density.
SLOPE %
UNITS PER ACRE
MINIMUM LOT IN ACRES
40
1.650
0.606
41
1.585
0.631
42
1.524
0.656
43
1.468
0.681
44
1.416
0.706
45
1.368
0.731
46
1.323
0.756
47
1.280
0.781
48
1.241
0.806
49
1.203
0.831
50
1.168
0.856
51
1.135
0.881
52
1.104
0.906
53
1.074
0.931
54
1.046
0.956
55
1.019
0.981
56
0.994
1.006
57
0.970
1.031
58
0.947
1.056
59
0.925
1.081
60
0.904
1.107
61
0.884
1.131
62
0.865
1.156
63
0.847
1.181
64
0.829
1.206
65
0.812
1.231
201

Montreat General Ordinance
Chapter K- Environment
Article V: TREES
(Revised 12/10/2015)
Section 1: General Provisions
Purpose and Intent
The Town of Montreat, realizing that trees have a profound effect on the quality of life in the
community, deems it necessary and desirable in the interest of public health, safety and
welfare to enact an ordinance for the preservation, planting, replacement and removal of trees
on municipally owned property, areas designated as Greenspace and public rights -of -way
within the Town. The purposes of this Article are to regulate the planting of new trees and
shrubbery; to vigorously encourage the protection of existing trees and shrubbery, including
their root systems; to regulate the preservation, replacement and removal of trees and to
establish procedures for fulfilling these purposes.
Applicability
The terms and provisions of this Article shall apply to all Town Property, all public rights of way
within the Town, those areas designated as Greenspace in the Offer of Dedication dated May
12, 1983 from the Mountain Retreat Association to the Town of Montreat as well as to private
property in the manner specifically described herein.
Section 2: Tree Board
Tree Board Composition
The Montreat Tree Board shall consist of three members appointed by Town Council. In
addition, the Environmental Commissioner of the Montreat Board of Commissioners and the
Chair of the Montreat Landcare Committee shall serve as ex-officio voting members of the Tree
Board. Additionally, the Public Works Director shall serve as an ex-officio non -voting member.
All appointed members shall serve a term of three years. The Board shall select annually from
among its members a chair, vice -chair and secretary. Vacancies resulting from resignation,
death or removal of a member shall be filled by Town Council for the unexpired term upon
request by the Chairperson.
The Public Works Director will serve as the Town staff member specifically charged with the
responsibility of carrying out the planning, implementation and coordination with other
agencies and advisory boards of all projects undertaken by the Tree Board.
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The Tree Board shall formulate and adopt rules of procedure under which it will operate.
Duties and Responsibilities
Subject to such limitation as may be imposed by laws or regulations, the Montreat Tree Board
shall serve as an advisory board to the Town Council for the following purposes in order to
further the public welfare:
Study, investigate, counsel and develop and review a written plan for the care, preservation,
pruning, planting, replanting, removal or disposition of trees and shrubs in Greenspace, within
public rights -of -way and on Town Property. Such plan will be presented to the Board of
Commissioners and upon its acceptance and approval shall constitute the official
comprehensive Town Tree Plan for the Town.
When requested by the Town Council, consider, investigate, make findings, report upon, and
recommend any special matter or question coming within the scope of its work.
Facilitate the planting, growth and protection of trees and shrubs within the Town.
Foster the communication among citizens of the Town that would provide the needed
protection of trees and shrubs and to coordinate active measures to support their health and
growth with the Town.
Conduct a tree survey of existing trees along rights -of -way and on Town Property.
Investigate available grants, loans or contributions from other governmental agencies, public or
private entities, or individuals, and to recommend the expenditure of any proceeds toward the
accomplishment of its purpose.
Conduct continuing education, research, planning and feasibility studies required to support
the purposes stated in this Article.
Work with Town staff to promote and enforce this Article regarding the regulation of planting,
protection, preservation and removal of trees and shrubs.
Review by Board of Commissioners
The Board of Commissioners shall have the right to review the conduct, acts and decisions of
the Montreat Tree Board. Any person may appeal from any ruling or order of the Montreat
Tree Board to the Board of Commissioners, who may hear the matter and make a final decision.
The Tree Board shall submit to the Town Council an annual report of its activities and
recommendations and shall file with the Town Clerk copies of its minutes and proceedings of its
regular and special meetings.
Interference with Tree Board
It shall be unlawful for any person to prevent, delay or interfere with the Montreat Tree Board,
or any of its agents, while engaging in the performance of its duties and responsibilities. It shall
be unlawful for any Person to prevent, delay or interfere with the Public Works Director or
Town employees or agents while engaging in and about the assessment, planting, cultivation,
203

mulching, pruning, spraying or removing of any Street Trees, Greenspace Trees or trees on
Town Property, as authorized in this Article.
Section 3: Administration
For the purposes of carrying out the provisions of this Article, the Public Works Director shall
have responsibility and control over all trees and shrubbery planted or growing in or upon
Town Property, including public rights -of -way.
The Public Works Director, or agent thereof, shall be responsible for formulating, in conjunction
with the Montreat Tree Board, a written plan for the care, preservation, pruning, planting,
replanting, removal or disposition of trees and shrubs in Greenspace, within rights -of -way and
on Town Property. The Town Tree Plan shall govern the species of trees to be planted and
consideration shall be given to the existing and future utility and environmental factors in
recommending a specific species for each area. Such plan will be presented to the Board of
Commissioners and upon its acceptance and approval shall constitute the official
comprehensive Town Tree Plan for the Town.
The Public Works Director and Zoning Administrator, or agent thereof, in conjunction with the
Montreat Tree Board, shall have prepared a document entitled, Montreat Tree and Shrub
Standards Specification and Detail Manual, which shall contain the guidelines and specifications
for tree and shrub planting, care, maintenance, removal and landscape design which shall be
adopted by Board of Commissioners and used by developers, landscape architects, designers
and the general public in furtherance of the requirements and intent of this Article. The
Guidelines shall be reviewed by the Montreat Tree Board at a minimum, every two years, and
any revisions to the Guidelines shall be adopted by the Board of Commissioners.
Section 4: Permitting
Permits shall be obtained from the Public Works Director for all activity involving the planting,
removal and replacement of trees and shrubs on Town Property, public rights -of -way and
Greenspace areas except as noted herein.
The Public Works Director shall review all requests for permits for the planting, removal and
replacement of trees and shrubbery on Town Property, including rights -of -way and Greenspace.
If the planting, removal or replacement complies with the Guidelines, the Public Works Director
shall issue a permit and may attach reasonable conditions or remedies to the permit. If the
plans do not comply with the Guidelines, the permit shall be denied.
Before any permit shall be issued, each applicant shall first file evidence of possession of
liability insurance in the minimum amounts of $300,000 for bodily injury and $100,000 property
damage indemnifying the Town or any person injured or damaged resulting from the pursuit of
such endeavors as described in this Article.
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The Town may withhold or withdraw Town issued permits, certificates and other authorizations
until such requirements of the permit are met.
During the period of an emergency such as a windstorm, ice storms, tornado, or other Acts of
God, the requirements of this Section may be waived by the Town Administrator, Public Works
Director or the Board of Commissioners.
Section 5: Public Tree Care
The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs
within the lines of all streets, roads, ways, and Town property, as may be necessary to ensure
public safety or to preserve or enhance the symmetry and beauty of such public grounds.
No person shall remove, destroy, cut, prune or otherwise treat any Street Tree, Greenspace
Tree or other tree or shrubbery having its trunk upon any Town Property or right-of-way or
contract with another Person to perform such acts without first obtaining a written permit from
the Public Works Director except as herein set forth.
No person shall plant or contract with another to plant any tree or shrubbery on any Town
Property, except as herein noted, without a permit from the Public Works Director.
Public and private utilities shall submit written specifications for pruning, trenching or grading
around trees and shrubbery on Town Property to the Public Works Director for approval. A
utility company shall not be required to obtain a permit for routine maintenance operations
affecting trees and shrubbery having their trunks upon Town Property so long as such work is
done in strict accordance with the Guidelines and specifications as approved by the Public
Works Director. A utility company is required to obtain a permit to remove any tree or
shrubbery on Town Property. Approved written specifications shall be valid for two years, after
which new specifications or a request for an additional two-year extension of the previously
approved specifications must be made by the utility company.
The Montreat Tree Board may remove or cause or order to be removed, any Street Tree,
Greenspace Tree or other tree or shrub growing on Town Property or part of said tree or shrub,
which is in an unsafe condition or which by reason of its nature is injurious to utility lines, water
and sewer lines, gas lines, or other public improvements, or is affected with any injurious
fungus, insect or other pest. This Section does not prohibit the planting of Street Trees by
adjacent property owners providing that the selection and location of such trees is in
accordance with the Guidelines for planting developed by the Montreat Tree Board and the
property owner has obtained a permit. The Montreat Tree Board, in conjunction with the
Public Works Director, has the right to approve any plantings that take place on Town Property,
including public rights -of -way.
Section 6: Injuring Trees and Shrubbery
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No person shall place or maintain upon the ground upon any Town Property any compacted
stone, cement or other impervious matter or substance in such a manner as may obstruct the
free access of air and water to the root of any tree or shrubbery. This provision shall not apply
to paving, repairing or altering of Town streets, sidewalks, greenways or other Town Property
performed by the Town.
No Person shall perform or contract with another to perform construction work (including the
operation or storage of equipment or materials) within the drip line of any tree or shrubbery
having its trunk on any Town Property without first obtaining a permit from the Public Works
Director.
No Person shall attach any object, including, but not limited to, rope, wire, chain or sign, to any
tree or shrubbery in or upon any Town Property or to the guard or stake intended for the
protection of such tree or shrubbery except for the purpose of protecting it or the public.
Section 7: Planting Plan
For planned developments subject to the provisions of the Montreat Subdivision Ordinance, the
property owner or developer desiring to plant trees and shrubbery in or upon Town Property,
including rights -of -way, shall, in addition to applying for a permit, submit a planting plan or
written statement to the Public Works Director. Planting plans upon Town Property shall
accurately show the following:
The proposed street width, together with its pavement, curb, and/or gutter, parking strip and
sidewalk areas, to a definite indicated scale.
The location of underground and overhead utilities, all poles and posts, to a definite indicated
scale.
The proposed location of each and every proposed tree and shrub, together with the location
of each existing tree, shrub, plant or vine within the proposed street right-of-way in scaled
relation to the other features to the plan.
The variety, height and caliper, where applicable, of each and every tree and shrub proposed to
be planted and of those already existing within the proposed street lines, either indicated on
the plan or referenced with a number to a key list.
The distance in feet between the trees and shrubs in any one row.
The nature of the soil in the planting space to a depth of three feet and all existing and
proposed surface and subsurface drainage system.
In the case of persons not involved in planned development and who desire to perform small
scale landscape plantings on Town Property, written statements in lieu of a planting plan shall
contain the same information required on the planting plan. In such a case, a simple letter of
intent outlining the location, method and materials, may be submitted.
Section 8: Mitigation of Unsafe Trees on Private Property
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The Public Works Director, in conjunction with the Environmental Commissioner of the
Montreat Board of Commissioners, may cause or order to be removed any shrub, tree or part
thereof on private property which is unsafe, injurious to the public welfare or which, by reason
of its nature, is injurious to public improvements or is infested with an injurious fungus, insect
or other pest. Hemlock trees infected with Hemlock Wooly Adelgid are exempt from this
Section.
The Public Works Director may enter upon private property in the Town to treat or cause or
order to be otherwise treated, any shrub or tree infected or infested by any parasite, insect or
pest when it shall be necessary to do so to prevent the breeding or scattering of any parasite or
animal or plant pest and to prevent danger therefrom to persons or property or to trees
growing on Town Property or Greenspace.
Whenever, in the opinion of the Public Works Director and the Environmental Commissioner,
the removal of a tree or shrub on private property shall be necessary, under the provisions of
this Article, the Public Works Director and Environmental Commissioner shall have the power to
remove such tree or shrub or cause or order the same to be done upon notice and an
opportunity to be heard by the property owner.
Prior to exercising the authority conferred by this Article, the Public Works Director and
Environmental Commissioner shall give the property owner notice and an opportunity to
correct the condition by requesting that corrective action be taken. The request shall be in
writing to the owner of the property in question and shall be acted upon within 30 days, or a
lesser period of time if an imminent threat to life or property exists, from the date of the
request. If, after 30 days or such lesser period of time, the owner has not corrected the
condition or undertaken action that would lead to a timely correction of the condition, the
Public Works Director may enter upon the property, perform the work necessary to correct the
condition and bill the owner for the actual costs incurred. In situations involving an imminent
threat to the public health, safety or welfare, or to Town Property, the Town may act without
prior notification to the property owner but notice shall be given within a reasonable period
thereafter.
Section 9: Trees and Shrubbery Abutting Town Property
Trees, shrubbery, flowers, bushes or vines standing in or upon any property abutting Town
Property and having branches, limbs, trunks, or other parts projecting onto Town Property shall
be maintained by the owner of the property on which such trees, shrubbery, flowers, bushes or
vines are growing so as not to interfere with the free and safe passage along the Town right-of-
way by pedestrians and vehicular traffic.
If the owner of such property does not keep this growth from trees and other plants from
projecting onto Town Property, the Public Works Director may order its removal. The order
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shall be in writing to the owner and shall be acted upon within 30 days from the time of the
order. If, after 30 days, the owner has not responded or acted to remove the projecting growth
from such trees or plants, then the Public Works Director may enter upon the private property
to perform the work necessary to correct the condition and bill the owner for the actual costs
incurred. In situations deemed by the Public Works Director to constitute an imminent threat
to the public health, safety or welfare, or to Town Property, the Public Works Director may act
without prior notification to the property owner.
Section 10: Tree Topping
It shall be unlawful as a normal practice, except as described below, for any Person to top any
Street Tree, Greenspace Tree, or other tree on Town Property. Topping is defined as the severe
cutting back of limbs and trunks to stubs larger than three inches in diameter within the tree's
crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees
severely damaged by storms or other causes, or certain trees that interfere with or are an
imminent threat to utility wires or other obstructions where other pruning practices are
impractical may be exempted from this Section at the determination of the Montreat Tree
Board.
Section 11: Removal of Stumps
All stumps of Street and Greenspace Trees shall be removed below the surface of the ground so
that the top of the stump shall not project above the surface of the ground.
Section 12: Inspection, Enforcement, Appeal and Penalty
Inspection
The Public Works Director and the Zoning Administrator may periodically inspect areas subject
to the provisions of this Article.
If through inspection it is determined that a Person has failed to comply or is no longer in
compliance with the provisions of this Article, a notice to comply shall be served upon that
Person by registered mail, return receipt requested or by hand delivery from the Public Works
Director. The notice shall state the violation and describe those measures necessary to comply
with this Article.
The Public Works Director may conduct such investigations as deemed reasonably necessary to
carry out the duties as prescribed in this Article and may enter at reasonable times upon private
property as defined herein, for the purpose of inspecting trees and shrubbery subject to the
provisions of this Article. No person shall refuse entry or access to any authorized
representative or agent of the Town who requests entry for the purposes of inspection and
who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with
such representative while in the process of carrying out official duties.
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Notice and Appeal
Any person who violates any provision of this Article shall be notified by the Public Works
Director of the specific violation by certified or registered mail, return receipt requested, or by
hand delivery. The notice shall set forth the nature of the violation, the measures required to
comply with this Article, if compliance is at all practicable, and a reasonable time period within
which compliance must be completed.
If any aggrieved person disagrees with a decision of the Public Works Director, such person may
request a hearing within ten working days of receipt of the notice of violation. The request
must be in writing and directed to the Montreat Tree Board secretary. The secretary shall
immediately assemble an appeals board, made up of at least three members, from among the
full membership of the Montreat Tree Board. The chairperson of the Montreat Tree Board shall
always serve on the appeals board as the chairperson and shall not vote except to cast the
deciding vote in case of a tie. The members to sit on the appeals board shall be selected on a
rotating basis. The owners shall have the right to be represented by counsel, and to examine
and cross examine witnesses at said hearing. The Town Attorney shall serve as the appeals
board's legal advisor during said hearing. The appeals board shall render its written decision
within 30 days after the hearing.
The appeals board may modify, amend or revise the appealed decision. The decision of the
appeals board shall be served upon the appealing party by registered or certified mail, return
receipt requested, or by hand delivery.
If any aggrieved party is dissatisfied with the decision of the appeals board, an appeal may be
taken to the Buncombe County Superior Court. Notice of the appeal must be filed within ten
working days of receipt of the appeals board's decision. The parties may stipulate that the
appeal to the Buncombe County Superior Court shall be a review of the record only. In the
absence of a mutual stipulation, the review shall be de novo.
Any aggrieved party may request an injunction to preserve the status quo during the pendency
of any appeal in accordance with applicable North Carolina law.
Civil Penalty
Any person violating any provision of this Article shall be subject to the civil penalties found in
Chapter L of the Town of Montreat Code of General Ordinances.
Injunctive Relief
Whenever there exists reasonable cause to believe that any Person is violating this Article or
the Guidelines or any other standards adopted pursuant to this Article or any term, condition
or provision of an approved permit, the Town may, either before or after the institution of any
other action or proceeding authorized by this Article, institute a civil action in the name of the
Town for a mandatory or prohibitory injunction and an order of abatement demanding the
violator to correct the unlawful condition upon or cease the unlawful use of the property.
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Definitions to be Added or Amended in Chapter A — General Administration;
Article 1— Definitions of Words and Phrases
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this Article, except where the context clearly indicates a different meaning:
Caliper — Diameter measurement of the trunk taken six inches above ground level for trees up
to and including four -inch -caliper size. Measurements shall be taken twelve inches above the
ground for larger trees.
Diseased Tree — A tree affected by a process in which fungi, bacteria, mycoplasms, and viruses
are able to invade and infect trees causing poor growth and weak appearance, disruption of
plant processes, distortion of certain tree parts and strain or death of the tree.
Diameter Breast Height (DBH) — The diameter of a tree four and one-half feet above the
average ground level.
Drip Line — a vertical line running through the outermost portions of the tree crown extending
to the ground.
Greenspace Trees —Trees and shrubs found in those areas designated as Greenspace in the
Offer of Dedication dated May 12, 1983 from the Mountain Retreat Association to the Town of
Montreat.
Guidelines — Montreat Tree and Shrub Standards Specifications and Detail Manual, published by
the Public Works Department.
Impervious Cover — Building and structure footprints, areas of pavement, compacted gravel or
other compacted areas which by their dense nature do not allow the passage of sufficient
oxygen and moisture to support and sustain healthy root growth.
Maintenance — Property cultural practices including pruning, fertilization, pest management,
and root system protection. The standards of maintenance are those published by the National
Arborists Association.
Paved Area — Any ground surface covered with concrete, asphalt, stone, compacted gravel,
brick or other paving material.
Person — A public or private individual, corporation, company, firm, association, trust, estate,
commission, board, public or private institution, utility cooperative or other legal entity.
Private Property — Property that is not owned by a federal, state or local government.
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Public Works Director —The head of the Town of Montreat Public Works Department or his or
her designee.
Replacement — Replacement of dead, dying, diseased, or removed trees with trees of equal or
comparable size, species, vigor and health.
Removal —The cutting down of any tree or shrub and all other acts which cause the actual
removal or the effective removal through damaging, poisoning or other direct or indirect
actions resulting in the death of a tree or shrub.
o) Root Protection Zone- Generally, 18 to 24 inches deep and a radius distance from the
trunk of the tree equal to one foot for each one inch of trunk diameter or the outermost drip
line of the tree, whichever is greater.
p) Street Trees —Trees and shrubs on land lying within right-of-way on either side of all
streets, roads, or ways within the Town.
q) Topping — Any pruning practice that results in the severe cutting back of limbs and
trunks to stubs larger than three inches in diameter within the trees crown to such a degree so
as to remove the normal canopy and disfigure the tree.
r) Town —The Town of Montreat, North Carolina
s) Town Property — All real property which is owned or leased by the Town or which is
maintained by it or any part of any Town right-of-way or for which the Town has a license,
easement, or right to use, possess or occupy property.
t) Unsafe Tree — For a tree to be unsafe, one of the following criteria must apply;
(1) A combination of a structural defect and a target.
(a) A structural defect which predisposes the tree to failure; i.e., dead tree, trunk decay,
dead branches, V-crotches; and
(b) A target such as a structure, road, walkway, campsite or other area where
improvements to property exists or people reside.
(2) A tree that is otherwise structurally sound, but which interferes with the routine
activities of people. Interferences include obstructions, sight distance problems for motorists,
buckling of sidewalks or greenways, attracting lightning, or interference with utilities.
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212

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER L - PENALTIES
(Revised 610912005), (Re -titled 611412007)
Section 1. Unless otherwise specifically provided, any Person or Entity violating any of the
provisions of any Section or Subsection of this Code of General Ordinances (the Code) or failing,
neglecting or refusing to comply with the same shall be subject to the remedies provided for in
this Chapter, except that if a provision of this Code has been adopted pursuant to a North
Carolina General Statute that provides specific civil remedies for violation, such remedies shall
be available to the Town for enforcement of this Code in addition to the remedies set out in
this Chapter.
Section 2. Criminal Penalty. Violations of the provisions of this Code regulating the
operation or parking of vehicles shall be an infraction and shall subject the offender to a
penalty of not more than fifty dollars ($50.00) pursuant to N.C.G.S. § 14-4(b). Except as
otherwise provided, a violation of other provisions of this Code shall be a misdemeanor and
shall subject the offender to a fine not to exceed five hundred dollars ($500.00) or
imprisonment not to exceed twenty (20) days or the maximum provided by N.C.G.S. § 14-4(a)
and § 15A-1340.23..
Section 3. Civil Penalty. Violations of this Code shall subject the offender to a civil
penalty upon the issuance of a citation for a violation. The Town may recover the civil penalty, if
not paid to the Town Administrator within thirty (30) days of the date the citation was issued, in
a civil action in the nature of a debt pursuant to N.C.G.S. § 160A-175. Each day that any
violation of the provisions of this Code continues shall constitute a separate and distinct
offense. The civil penalty shall be fifty dollars ($50.00) for each violation unless otherwise
provided in this Code or set forth below: For purposes of determining the amount of the civil
penalty pursuant to this Section, the failure to pay the fifty -dollar ($50) civil penalty shall not
constitute a separate and distinct offense that subjects the offender to an additional fifty -
dollar ($50) civil penalty.
Section 4. Civil Penalty for Violations of Chapter I —Disorderly Conduct and Public
Nuisances in Montreat:
First violation: Oral Warning
Second violation: Written Warning
Third violation: $250.00
Fourth and subsequent violations: $500.00
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Montreat General Ordinances
Chapter L - Penalties
Second or subsequent violations of the provisions of Chapter I by the same person for the same
activity occurring within one year of the first such violation shall be subject to the higher
penalties set forth above. The citation shall be issued to the offender and a copy of the citation
shall be sent to the owner of the property where the violation occurred at the contact
information shown on the Privilege License application or other Town records.
Section 5. Equitable Remedy. In addition to the criminal and civil penalties set out in this
Chapter, the Town may enforce any provision of this Code by an appropriate equitable remedy
issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall
have jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the
application of the Town for equitable relief that there is an adequate remedy at law.
Section 6. Injunction. In addition to the criminal and civil penalties set out in this
Chapter, the Town may enforce any provision of this Code that makes unlawful a condition
existing upon or use made of real property by injunction and order of abatement, and the
General Court of Justice shall have jurisdiction to issue such orders. When a violation of such an
ordinance occurs, the Town may apply to the appropriate division of the General Court of
Justice for a mandatory or prohibitory injunction and order of abatement commanding the
defendant to correct the unlawful condition upon or cease the unlawful use of the property.
The action shall be governed in all respects by the laws and rules governing civil proceedings,
including the Rules of Civil Procedure in general and Rule 65 in particular.
Section 7. Order of Abatement. In addition to an injunction, the court may enter an order
of abatement as a part of the judgment in the cause. An order of abatement may direct that:
a) Buildings or other structures on the property be closed, demolished or removed;
b) Fixtures, furniture or other moveable property be removed from building on the
property;
c) Grass and weeds be cut;
d) Improvements or repairs be made; or
e) Any other action be taken that is necessary to bring the property into
compliance with the Code.
If the defendant fails or refuses to comply with an injunction or order of abatement within the
time allowed by the court, he or she may be cited for contempt and the Town may execute the
order of abatement. The Town shall have a lien on the property for the cost of executing an
order of abatement in the nature of a mechanic's and materialman's lien. The defendant may
secure cancellation of an order of abatement by paying all costs of the proceedings and posting
214

Montreat General Ordinances
Chapter L - Penalties
a bond for compliance with the order. The bond shall be given with sureties approved by the
clerk of superior court in an amount approved by the judge before whom the matter is heard
and shall be conditioned on the defendant's full compliance with the terms of the order of
abatement within a time fixed by the judge. Cancellation of an order of abatement shall not
suspend or cancel an injunction issued in conjunction therewith.
Section 8. The provisions of this Code may be enforced by one, all or a combination of the
remedies authorized by this Chapter.
215

MONTREAT CODE OF GENERAL ORDINANCES
CHAPTER M - EXTENSIONS OF PUBLIC UTILITIES AND STREETS
(Adopted 311212009)
Section 1. General Provisions
a) Purpose. The purpose of this Chapter is to provide regulations and procedures for
the extension of the public water lines, sewer lines, and streets by individual
property owners or by the Town upon petition by affected property owners or on its
own initiative. Many of the plats of lots in the Town were recorded before the Town
adopted the Subdivision Ordinance on December 11, 1980. Some of the lots shown
on those plats are not served by public utilities and streets. Although expansion of
public utilities and streets is part of the Town's five-year Capital Improvement Plan,
property owners may wish to develop lots before the extension of public utilities
and streets to their property under the Capital Improvement Plan. The purpose of
this Chapter is to provide for a more orderly expansion of public utilities and streets
in advance of the Town's Capital Improvement Plan.
b) Scope. This Chapter applies to all extensions of public water lines, sewer lines, and
streets within the Town and within the extraterritorial jurisdiction of the Town,
except for extensions of public utilities and streets in new developments that are
subject to the Subdivision Ordinance. Extensions of public utilities and streets in new
developments shall be made in accordance with the requirements of the Subdivision
Ordinance and the Street Standards Ordinance.
c) Conversion of Private Wells and Septic Systems. The owners of any developed or
improved property located in the Town shall connect to the public water line and
MSD sewer line in accordance with this Ordinance and MSD requirements. When
public water or sewer lines are extended in accordance with the Ordinance or MSD
requirements, property owners who have built private wells and septic systems will
be required to connect to the public water system and sanitary sewer system,
except as otherwise provided by NCGS 87-97.2 as amended from time to time.
4) Definitions. The following terms, whether or not capitalized, as used in this
Ordinance are defined as follows:
MSD means Metropolitan Sewerage District of Buncombe County, North Carolina, a
public body and body politic and corporate, created and established by the North Carolina State
Stream Sanitation Committee by Resolution adopted on January 19, 1962, under the provisions
of the North Carolina Metropolitan Sewerage Districts Act, now codified as Chapter 162A,
Article 5, of the General Statutes of North Carolina.
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Montreat General Ordinances
Chapter M - Extensions of Public Utilities and Streets
Private Utility Line means a water line or sewer line installed and maintained by a
property owner and serving one dwelling.
Public Utility System means the water distribution system owned and operated by the
Town and the sanitary sewer system owned and operated by MSD.
Schedule of Fees means the Town of Montreat Schedule of Fees adopted annually at the
start of each new fiscal year, as it may be amended from time to time.
Street Standards Ordinance means Montreat General Ordinance Chapter D, Article IV
"Street Standards", as it may be amended from time to time.
Subdivision Ordinance means the Subdivision Ordinance for the Town of Montreat
adopted on December 11, 1980, as it may be amended from time to time.
Section 2. Private Extensions of the Public Utility System
a) Application. Any person who desires to connect a private utility line to the
public utility system or to construct a utility line in the right-of-way of a public street
shall make a written application for such connection or construction on forms
provided by the Town. The application must be accompanied by (i) a preliminary
utility plan, designed to meet Town standards and prepared by a professional
engineer registered to practice in the State of North Carolina, and (ii) a map
prepared by a professional engineer or land surveyor registered to practice in the
State of North Carolina, showing accurately the property to be served with water
and/or sewer service, the location of the public lines where the proposed
connection will be made, the location of streets serving the property, and the lots or
other parcels to be served by the proposed utility line. The applicant shall submit
copies of any permits required by the State of North Carolina or other governmental
entity. The applicant shall pay the appropriate application fee shown on the
Schedule of Fees at the time of the application submittal.
In addition, any person who desires to connect a private sewer line or system to the
public sewer system shall comply with the requirements of the MSD's Policy and
Procedures for the Extension of Sewer Service and shall pay all fees required by
MSD.
b) Approval of Proposed Extension. The Director of Public Works shall review the size,
location, character and quality of all pipes, stubs, valves, valve boxes, hydrants and
other fixtures, equipment and apparatus to be laid and constructed and to be
connected with the Town's utility systems. The Director of Public Works may, in his
or her sole discretion, retain a professional engineer to review the preliminary utility
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Montreat General Ordinances
Chapter M - Extensions of Public Utilities and Streets
plan and related documents, to inspect the project site, and to make
recommendations to the Town concerning the proposed project. The applicant shall
pay the fees and expenses of the engineer retained by the Director of Public Works.
The Director of Public Works shall determine whether the project, if built in
accordance with the preliminary utility plan, will meet Town standards. The Director
of Public Works shall obtain confirmation of MSD's approval or disapproval of any
sewer project. The Director of Public Works shall have the authority to recommend
the approval or disapproval of the application, to indicate reasonable conditions and
requirements for approval, and to recommend any measures that may be requisite
or necessary to protect the interests of the Town or to prevent improper
connections to the Town's utility system or improper use of the Town's right-of-way.
The Director of Public Works shall submit the application (with the required utility
plan and map), together with the recommendation for approval or disapproval, to
the Board of Commissioners for consideration at the next regular meeting for which
the submittal meets the deadline for the submission of agenda items.
c) Dedication of Utility Line and Easement. The applicant, by proper written
instrument, shall dedicate, give, grant and convey such water lines or systems to the
Town or sewer lines or systems to MSD. No person or entity shall connect to the
public utility system without dedicating, giving, granting and conveying the utility
lines to the Town or MSD, and if any person or entity connects to the public utility
system without first delivering the properly executed written instrument of
dedication and conveyance, the act of connecting shall be deemed to be a
dedication, gift, grant and conveyance of such water lines to the Town or sewer lines
to MSD. If any portion of the utility lines will be constructed on property not owned
by the applicant and not in the public right-of-way, the applicant shall, at no cost to
the Town, obtain written easements in a form approved by the Town for the
construction, installation, improvement, replacement, maintenance, inspection,
repair and use of the utility lines, together with all appurtenant facilities and
equipment necessary and convenient thereto, with appropriate rights of ingress and
egress by the Town and/or MSD and the right to keep the easement clear of
obstructions, trees and shrubs.
d) Cost of Extension. If the Board approves the extension, the applicant shall pay the
cost of installing the extension of the utility line to Town standards and the cost of
meeting any conditions required by the Board of Commissioners in its approval of
the extension. The Town may, in the sole discretion of the Board of Commissioners,
enter into agreements that provide for the potential future reimbursement of a
portion of the construction costs of certain water and sewer facilities ("owner -
constructed facilities") when the facilities have been designed at the Town's
direction to take into account Town -determined needs regarding existing or future
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Montreat General Ordinances
Chapter M - Extensions of Public Utilities and Streets
development and, in addition, when the scale, scope, or size of the owner -
constructed facilities are substantially larger than what is needed for that owner's
property or when other unique circumstances apply.
Reimbursement shall be limited to payments from future users that benefit from the
owner -constructed facilities. Such future users may include owners of near -by
property, developers of future projects and/or water or sewer customers within
those projects. In addition to any other fees provided by law or ordinance, the Town
may require such future users to pay a fair portion of the cost of the owner -
constructed facilities as a precondition of connection to the water and/or sewer
system. If fees are imposed on future water and/or sewer customers, additional
agreements, ordinances and/or fee resolutions may be passed implementing such
charges. The Town shall reimburse the party to an agreement made under this
section after future users make payments to the Town.
The Town shall develop written policies consistent with this section that apportion
the original documented costs of the owner -constructed facilities that are subject to
a reimbursement agreement among future users in a fair and equitable manner, as
determined in the sole discretion of the Town. Agreements under this section shall,
among other things, specify the time period for which reimbursements shall apply.
In addition, agreements shall provide for a reasonable administrative charge to be
retained by the Town for the Town's expense in administering the reimbursement
program. No agreement shall obligate the Town to reimburse costs of owner -
constructed facilities if payments are not received by the Town for any reason, nor
shall any agreement limit the Town's authority to modify this section. This section
shall not limit the Town's authority under any other section of this Chapter.
e) Inspection Fee for Utility Improvements Installed by Private Contractors or by
Property Owners. Any utility extension improvements installed by private
contractors or property owners shall be inspected by the Town prior to being placed
into service. Before the inspection, the applicant shall pay the engineering and other
costs incurred by the Town and the inspection fee and other applicable fees set out
on the Schedule of Fees.
Section 3. Public Extensions of the Utility System
a) Statutory Procedure. Whenever the Town decides to install water lines or sewer
lines in advance of the schedule set forth in Town's Capital Improvement Plan, the
Town may consider financing the project with special assessments. The Town shall
follow the procedure for financing improvements with special assessments
prescribed in Article 10 of Chapter 160A of the North Carolina General Statutes.
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b) Assessment for Extensions. The Town may, in the sole discretion of the Board of
Commissioners, make assessments of the cost for extensions or replacements of
public utility lines or systems against the owners of property served or subject to
being served thereby in conformity with Article 10 of Chapter 160A of the North
Carolina General Statutes.
When water or sewer lines exist but are inadequate (less than eight -inch
sewer or less than six-inch water) for the system and are being replaced,
the owners of the property served or subject to being served by the
replacement may be assessed for the difference between the new cost of
inadequate lines and the cost of the size installed.
ii. If a lot is already served by adequate (eight -inch sewer or six-inch water)
or larger size public water or sewer lines and a water or sewer line
providing a duplicating service is installed, the cost of the new installation
shall not be assessed against that lot if the lot cannot be subdivided in
any manner which would benefit from the installation.
c) Preliminary Resolution and Public Hearing. The Board of Commissioners will
consider many factors in determining whether to adopt a preliminary resolution,
including but not limited to (i) availability of funds; (ii) estimated cost of the
proposed improvement; (iii) priority of the need for the proposed water lines and/or
sewer lines relative to the need for improvement of other utility lines; and (iv) the
impact of the proposed improvement on land use, soil erosion, water quality and
stormwater management. If the Board of Commissioners adopts a preliminary
resolution, the Town shall hold a public hearing and may adopt an assessment
resolution.
d) Preliminary Assessment Roll and Public Hearing. When a project is complete, the
Town shall ascertain the total cost, including construction costs, legal fees, interest
paid during construction, costs of rights -of -way, and costs of publication of notices
and resolutions. When the total cost has been determined, the Town shall prepare
and publish a preliminary assessment roll in accordance with the provisions of
Article 10 of Chapter 160A. The Board of Commissioners shall hold a public hearing
and annul, modify or confirm the assessment. The notice of confirmation of
assessment roll shall be published and the special assessment shall be paid in
accordance with the provisions of Article 10 of Chapter 160A of the North Carolina
General Statutes.
Section 4. Private Extensions of Public Street. Some property owners have built driveways
in unopened public right-of-way. The Town will no longer allow this practice. Any new roads
being built in unopened public right-of-way shall comply with the requirements of the Street
Standards Ordinance.
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1) Application. Any person who desires to construct a street in unopened public
right-of-way or to improve or resurface an existing private driveway constructed
in public right-of-way shall make a written application for such street
improvement on forms provided by the Town. The application must be
accompanied by (i) a preliminary street plan, designed to comply with the Street
Standards Ordinance and prepared by a professional engineer registered to
practice in the State of North Carolina, and (ii) a map prepared by a professional
engineer or land surveyor registered to practice in the State of North Carolina,
showing accurately the property to be served by the street, the location of
adjacent public streets, and the lots or parcels to be served by the proposed
street. The applicant shall submit copies of any permits required by the State of
North Carolina or other governmental entity. The applicant shall pay the
appropriate application fee shown on the Schedule of Fees at the time of the
application submittal.
2) Approval of Proposed Extension. The Director of Public Works shall review the
preliminary street plan and map for the proposed street to be laid and
constructed, improved, or resurfaced in the Town's street right-of-way. The
Director of Public Works may, in his or her sole discretion, retain a professional
engineer to review the preliminary street plan and related documents, to inspect
the project site, and to make recommendations to the Town concerning the
proposed project. The applicant shall pay the fees and expenses of the engineer
retained by the Director of Public Works.
The Director of Public Works shall determine whether the project, if built in
accordance with the preliminary street plan, will meet Town standards. The
Director of Public Works shall have the authority to recommend the approval or
disapproval of the application and to indicate reasonable conditions and
requirements for approval, and to recommend any measures that may be
requisite or necessary to protect the interests of the Town or to prevent
improper construction in the Town's public right-of-way. The Director of Public
Works shall submit the application (with attached street plan and map), together
with the recommendation for approval or disapproval, to the Board of
Commissioners for consideration at the next regular meeting for which the
submittal meets the deadline for the submission of agenda items.
3) Dedication of Street Improvements. The applicant shall, upon request by the
Town, offer any portion of the street improvements not located in the public
right-of-way for dedication to the public.
4) Cost of Extension. If the Board approves the extension, the applicant shall pay
the cost of installing the extension in compliance with the Street Standards
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Ordinance and the cost of meeting any conditions imposed by the Board of
Commissioners in its approval of the extension.
5) Inspection Fee for Street Improvements Installed by Private Contractors or
Property Owners. Any street extension improvements installed by private
contractors or property owners shall be inspected by the Town prior to being
placed into service. Before the inspection, the applicant shall pay the
engineering and other costs incurred by the Town and the inspection fee and
other applicable fees set out on the Schedule of Fees.
Section 5. Public Extension of Streets
1) Statutory Procedure. Whenever the Town decides to construct streets in
advance of the schedule set forth in the Town's Capital Improvement Plan, the
Town may consider financing the project with special assessments. The Town
shall follow the procedure for financing street improvements with special
assessments prescribed in Article 10 of Chapter 160A of the North Carolina
General Statutes.
2) Dedicated Streets not Opened. Dedicated streets that have not been opened
shall not be opened or maintained by property owners unless first improved in
accordance with the provisions of Section 4, Private Extensions of Public Street
Submission of a sufficient petition as provided in this Section by abutting
property owners requesting the improvement of the street on an assessment
basis shall be considered as compliance with the provisions of this Paragraph.
3) Petition by Property Owners. Property owners who wish to request a public
extension of a street or other street improvements shall make such requests by
petition to the Board of Commissioners.
a) The petition shall state the location of the proposed improvement, the
names of property owners affected by the petition, the lineal feet of
frontage of the property abutting on the street to be improved, and an
engineer's verification that the proposed street improvements will
conform to the Town street improvement standards. In addition, the
petition shall specify the percentage of the cost of the street
improvements that the property owners request that the Town assess
against the property owners affected by the petition. The petition shall
be signed by all the property owners who wish to join in the petition for
street improvements and a special assessment for the cost of the street
improvements.
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b) The Town Administrator shall review the petition for conformity with
North Carolina General Statute § 160A-217, which requires that, with
some exceptions, a majority of the owners of property to be assessed,
who represent at least a majority of the lineal feet of frontage of the
property abutting on the street or portion of the street to be improved,
must sign the petition.
c) If the petition is sufficient, the Town shall prepare a map showing the
names of property owners and the location and frontage of each parcel
of land abutting both sides of the proposed street to be improved. The
Town Administrator shall submit the petition and the map to the Board
of Commissioners for consideration at its next regular meeting.
4) Preliminary Resolution and Public Hearing. The Board of Commissioners will
consider many factors in determining whether to adopt a preliminary resolution,
including but not limited to (i) availability of funds; (ii) estimated cost of the
proposed improvement; (iii) percentage of property owners and street frontage
represented by the petition; (iv) priority of the need for the improvement of the
street described in the petition relative to the need for improvement of other
streets; (v) the impact of the proposed improvement on land use, soil erosion,
water quality and stormwater management; and (vi) the time of the filing of the
petition. If the Board of Commissioners adopts a preliminary resolution, the
Town shall hold a public hearing and may adopt an assessment resolution.
5) Preliminary Assessment Roll and Public Hearing. When a project is complete, the
Town shall ascertain the total cost, including construction costs, legal fees,
interest paid during construction, costs of rights -of -way, and costs of publication
of notices and resolutions. When the total cost has been determined, the Town
shall prepare and publish a preliminary assessment roll in accordance with the
provisions of Article 10 of Chapter 160A. The Board of Commissioners shall hold
a public hearing and annul, modify or confirm the assessment. The notice of
confirmation of assessment roll shall be published and the special assessment
shall be paid in accordance with the provisions of Article 10 of Chapter 160A.
Section 6. Extensions Outside Town Limits. All extensions of public utilities outside the
Town corporate limit shall be subject to the approval of the Board of Commissioners and shall
be located in the Town's Extraterritorial Jurisdiction. After action has been taken by the
Director of Public Works (and by the Planning and Zoning Commission, if required) and
recommendations have been made to the Board of Commissioners, the Board shall consider
and act upon the approval or disapproval of any application for extension, and the action of the
Board shall be final; provided, however, the Board may specify to the owners of the property
benefited by the proposed extension any requirements or conditions which must be met as a
prerequisite for approving the application.
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1) Application. Any person who desires to connect a private utility line to the
public utility system shall make a written application for such connection or
construction on forms provided by the Town. The application must be
accompanied by (i) a preliminary utility plan, designed to meet Town standards
and prepared by a professional engineer registered to practice in the State of
North Carolina, and (ii) a map prepared by a professional engineer or land
surveyor registered to practice in the State of North Carolina, showing accurately
the property to be served with water and/or sewer service, the location of the
public lines where the proposed connection will be made, the location of streets
serving the property, and the lots or other parcels to be served by the proposed
utility line. The applicant shall submit copies of any permits required by the State
of North Carolina or other governmental entity. The applicant shall pay the
appropriate application fee shown on the Schedule of Fees at the time of the
application submittal.
No private water line or system shall be approved for connection to the Town's
water system unless, at the same time, adequate wastewater services are
available for the property to be served by the proposed water line. Wastewater
service must be provided by connection to the MSD sewerage system, if
available to the subject property. If MSD service is not available, wastewater
service must be provided by a private septic system approved and regulated by
the Buncombe County Health Department.
In addition, any person who desires to connect a private sewer line or system to
the public sewer system shall comply with the requirements of the MSD's Policy
and Procedures for the Extension of Sewer Service and shall pay all fees required
by MSD.
2) Approval of Proposed Extension. The Director of Public Works shall review the
size, location, character and quality of all pipes, stubs, valves, valve boxes,
hydrants and other fixtures, equipment and apparatus to be laid and constructed
and to be connected with the Town's utility systems. The Director of Public
Works may, in his or her sole discretion, retain a professional engineer to review
the preliminary utility plan and related documents, to inspect the project site,
and to make recommendations to the Town concerning the proposed project.
The applicant shall pay the fees and expenses of the engineer retained by the
Director of Public Works.
The Director of Public Works shall determine whether the project, if built in
accordance with the preliminary utility plan, will meet Town standards. The
Director of Public Works shall obtain confirmation of MSD's approval or
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disapproval of any sewer project. The Director of Public Works shall have the
authority to recommend the approval or disapproval of the application, to
indicate reasonable conditions and requirements for approval, and to
recommend any measures that may be requisite or necessary to protect the
interests of the Town or to prevent improper connections to the Town's utility
system or improper use of the Town's right-of-way. The Director of Public Works
shall submit the application (with the required utility plan and map), together
with the recommendation for approval or disapproval, to the Board of
Commissioners for consideration at its next regular meeting.
In prescribing the requirements and prerequisites for approval of the application
for utility connections, the Board shall determine the width of streets, the
adequacy of drainage, the adequacy of flood control measures and facilities, the
type of paving, the size and type of pipes and other equipment, the location of
streets, and such other matters with respect to the extension as the Board, in its
discretion, may deem proper.
3) Dedication of System. The applicant, by proper written instrument, in
consideration of the connection to public utility lines and the benefits derived
therefrom, shall dedicate, give, grant and convey such water lines or systems to
the Town or sewer lines or systems to MSD. No person or entity shall connect to
the public utility lines without dedicating, giving, granting and conveying the
utility lines to the Town or MSD, and if any person or entity connects to the
public utility lines without first delivering the properly executed written
instrument of dedication and conveyance, the act of connecting shall be deemed
to be a dedication, gift, grant and conveyance of such water lines to the Town or
sewer lines to MSD.
4) Easements. If the utility lines will be constructed on property not owned by the
applicant, the applicant shall, at no cost to the Town, obtain written easements
in a form approved by the Town for the construction, installation, improvement,
replacement, maintenance, inspection, repair and use of the utility lines,
together with all appurtenant facilities and equipment necessary and convenient
thereto, with appropriate rights of ingress and egress by the Town and/or MSD
and the right to keep the easement clear of obstructions, trees and shrubs.
5) Cost of Extension. After receiving the necessary approvals and permits, the
applicant shall, at its own cost and without unnecessary delay, furnish, construct
and lay the utility lines as approved to Town standards, without cost or expense
to the Town. The applicant shall lay and construct the utility lines in approved
easements and rights -of -way according to the standards and specifications, and
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of the character, size, quality and durability, as prescribed by the Town and
subject to approval by the Town.
6) Inspection and Approval. Upon the completion of the construction and the
dedication of the utility lines as authorized by this Chapter and upon inspection
and approval thereof by the Town and/or MSD, the applicant shall be permitted
to connect the extensions to the Town's and/or MSD's utility lines and systems
upon the terms and conditions prescribed by this Chapter. No such connection
shall be made without the express approval of the Town and/or MSD nor shall
any connection be made without the supervision of the Town and/or MSD.
Before the inspection, the applicant shall pay the engineering costs incurred by
the Town and the inspection fee set out on the Schedule of Fees.
7) Map of System. The applicant shall furnish the Town with an accurate map
showing in detail the location and dimensions of all recorded easements, mains,
pipe lines, laterals, stubs, valves, valve boxes, hydrants, and other fixtures,
apparatus, and equipment forming a part of the utility lines constructed and
dedicated pursuant to this Chapter, and showing the depth of all pipes and
apparatus below the ground level. The map shall be subject to approval by the
Director of Public Works, and after the map is approved, there shall be no
changes to the map without the written consent of the Director of Public Works.
8) Non -liability of Town. The applicant shall have and assume all risk in the laying,
installation, and construction of the utility lines and system and shall give
warranties against any material defect, equipment defect, malfunction, or failure
for a period of one year from the date of acceptance of such extension. The cost
of repair, replacement or both of the subject facilities during the warranty period
shall be the sole expense of the applicant without any cost to the Town. Any
repair or replacement made during the warranty period by the applicant or its
agent shall also be warranted for a one-year period beginning from the date of
acceptance of the repair or replacement.
9) Control by Town. All connections by consumers with the utility lines constructed
and dedicated pursuant to this Chapter and all services through those lines and
apparatus shall be in accordance with the laws, ordinances, rules and regulations
of the Town, as now in force or as may be enacted, adopted and amended from
time to time. The Town shall have complete supervision and control over the
lines, taps, connections and all other parts of the utility lines and system so
constructed for the purpose of making any and all necessary inspections and
other purposes. The Town shall collect all fees and charges from consumers
connected with such utility lines, for its sole use and benefit without
compensation to the applicant.
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227

MONTREAT CODE OF GENERAL ORDINANCES
RATIFICATION AND ADOPTION
All of the foregoing chapters, subchapters, articles, sections, subsections, subdivisions
and paragraphs, shall be and are hereby duly made, ratified, and adopted as the Code of
General Ordinances of the Town of Montreat, North Carolina; and
All ordinances, other than franchises, specific contracts or ordinances issuing, approving,
or ratifying or concerning the floating, issuing or sale of bonds for various municipal purposes,
ordinances relating to the extension of corporate limits, revenue ordinances or ordinances
establishing permanent Street improvements districts, or concerning the extension, grade,
widening, laying out, naming and/or establishing of new Streets or ordinances concerning
bridges, subways and underpasses, or condemnation proceedings, that are in conflict or not in
conformity herewith, are amended so as to conform thereto; and
What is known as the Annual Revenue Ordinances is not included in this Code and no
part of said Revenue Ordinance is repeated by anything contained in this Code and ordinances
of a constructural nature now in effect, unless in conflict with, or contrary to, provisions of this
Code are not hereby repealed or altered; and
Ordinances allowing, permitting, approving or confirming sales of lands or the
conveyance of land by or to the Town are not hereby altered, amended, or repealed;
Nor shall any contract with the United States Government or any agencies thereto be
construed to be altered, amended, or repealed, nor shall any contract or agreement with the
Buncombe County Government, or any of the various departments thereof, including
agreements about the use of tax assessment books, or the levying, or assessing of said tax be
construed to be altered, amended or repealed, but all other ordinances of a penal nature if not
included in said Code are hereby repealed; and
Provided, however, that nothing herein contained shall be construed to extend the time
in or for which any franchises, contracts, or privilege was granted by the Town, nor to enlarge
any right or rights given or granted in any franchises, contracts or privileges granted, or made
by the Town nor to annul or abridge any right or privilege heretofore given, or granted by the
Town.
It is also ordained that this Code may be referred to as the Code of General Ordinances
of the Town of Montreat, North Carolina. And in all judicial proceedings it shall be sufficient to
plead any Ordinance or Section of said Code by the caption or by the number of the Section
thereof; and it shall not be necessary to plead the entire Ordinance or Section. A copy of said
Code, when introduced in any of the courts of the State, shall be taken as prima facie evidence
of the existence of any ordinance contained therein.
228