WSCO_CABA_WSWP Other Info_20230628 (2)

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criteria set forth in 9.6-1 of this Ordinance. Administrative decisions on
change must be made in writing and kept on file within the Office of the Zoning
Administrator.
10,13 Violation of the Terms and Conditions of an "SU" District Rezoning.
A violation of a condition of rezoning to an "SU" District as set forth
in the final development plan and other related official paperwork associated
with such rezoning shall be treated the same as a violation of this Ordinance,
subject to the same remedies and penalties. Upon determining that such a
violation has occurred, the Zoning Administrator shall notify the property owner
of his findings either by certified mail or in person, and set a reasonable time
for the violation to be corrected or abated. When a violation is not corrected
or abated within the time period set by the Zoning Administrator, the Zoning
Administrator or any person aggrieved may institute injunction, mandamus, or
other appropriate action in proceedings to correct or abate the violation.
10.14 Effect of Denial on Subsequent Petitions.
An application for an amendment that has been denied, in whole or in part,
or has been approved for a more restrictive classification than requested, shall
not again be processed for consideration by the Board of County Commissioners
for a one (1) year period. The Commission, after considering the advice of the
Planning Board, and finding substantial changes in conditions or circumstances
bearing on the application, may waive the one (1) year period. This restriction
shall not apply to any amendment or petition submitted by the Planning Board,
Planning Staff or the Board of County Commissioners.
(2) petition 90-06(t .. Planning and Zoning Department. To
add Section 3.13, "River/Stream Overlay Zone" to
strengthen protection of rivers and streams within the
County. The Planning Board voted 4-0 to recommend
approval of this petit{.on with some minor additions.
Mr. Mike Byrd, Planning staff member, briefly reviewed the proposed
amendment establishing a "River/Stream Overlay Zone".
Mr. F. A. Rankin questioned the requirements of the proposed overlay zone
and asked if the zone would remain in existence if the Mitigation Plan for the
proposed Coddle Creek Reservoir project is not approved by State and Federal
agencies.
Mr. John Motley and Mrs. Bobbie Motley, owners of a farm located on Rocky
River, questioned the impact of the proposed amendment on their family's ability
to continue to sell sand from the river. It was noted that the Motley's business
as it currently exists would be exempt as a non-conforming use since the
business was in operation prior to adoption of the River/Stream Overlay Zone.
Mr. Ralph Bonds objected to the restriction of the proposed overlay zone
and stated in his opinion it would be better for the County to buy additional
swamp land to meet mitigation requirements for the Coddle Creek Reservoir.
In response to questions raised by Mr. F. A. Rankin, Mr. Paul Watson,
Engineer with HDR Engineering, Inc. , reported that he had received notification
that the Environmental Protection Agency had withdrawn their objections to the
Mitigation Plan for the Coddle Creek Reservoir project.
There was no one else present to speak either for or against the proposed
amendment, and Chairman Lentz closed the public hearing for Petition 90-06(t).
UPON MOTION of Commissioner Simmons, seconded by Commissioner Melvin and
unanimously carried, the Board approved Petition 90-06(t) to amend the Zoning
Ordinance as follows.
3.13 River/Stream Overlay Zone (RSOZ)
All rivers or streams shown on USGS Quadrangle Maps as a solid blue line
shall be subject to these requirements.
RSOZ Purpose: A strip of land adjacent to a stream or river retained in its
natural vegetation or revegetated or reforested by appropriate perennial
vegetation to avoid erosion problems will reduce the velocity of overland flow,
trap sediment and soil eroded from cropland or land being developed, and limit
other pollutants from entering the waterway. As such, water quality is given
another check of control.
Effect On Bona Fide Farms: While North Carolina law exempts bona fide farms
from local zoning regulations, the County strongly encourages the use of best
management practices in farming. A stream buffer is one of these such practices
and is therefore consistent with North Carolina Sediment Control Law and thus

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is a 75X reimbursable North Carolina Agricultural Cost - Share Program. This
program is administered through the Cabarrus Soil and Water District.
Therefore, the following text shall apply to all development or changing of
conditions (e.g. timbering) adjacent to a perennial stream as defined below.
The following requirements shall be met by property subject to the RSOZ Section:
1. A 50 foot stream buffer shall be established on both sides of all
perennial streams indicated on a solid blue line on the USGS Quadrangle maps.
All designated floodways and flood fringe areas as defined by FEMA are also
subject to these restrictions. No development, including soil disturbing
activities, shall occur within this buffer strip except as listed in 4B.
2. As development occurs in any zone requiring a site plan or subdivision
review an enlarged stream buffer shall be made as follows. The size of a stream
buffer shall be measured from the annual average stream banks, perpendicularly
for a distance of 50 feet plus 4 times the average percent of slope of area
adjacent to the stream. This slope shall be calculated by measuring a distance
of 250 feet from the center of the stream. The percent of slope for this
distance shall serve as the determining factor. However, the maximum distance
shall not exceed 120 feet from the edge of the stream.
3. Stream buffers shall be shown on all appropriate plans and plats in
review by the Cabarrus County Planning Board, Cabarrus County Board of
Adjustment and/or Cabarrus Board of Commissioners.
4.A. Generally, stream buffer areas shall remain undisturbed. When
agricultural soil disturbing activities such as plowing, grading, ditching,
excavating, placement of fill material, or similar activities must occur, they
shall conform to all State and Federal regulations. Other unnamed agricultural
activities that would result in significant disturbance of the existing soil,
increase soil erosion, or destroy plant and wildlife habitats are strongly
discouraged and can only occur with an approved replacement program and shall
also be consistent with North Carolina Sediment Control Law and in coordination
with the North Carolina Wildlife Resources Commission's District 6 Biologist,
and in consultation with the Cabarrus Soil and Water District Representative.
Existing agricultural operations, forested or vegetated areas within stream
buffer areas shall follow the State's forest practice guidelines which include
best management practices (BMP's) as defined by the North Carolina Soil and
Water Conservation Commission.
B. Permitted activities/uses within the buffer area include sewer
easements, providing the activities strictly adhere to applicable state and
local soil and erosion control regulations/guidelines. Perennial vegetation
must be established as a necessary step in completing construction of any sewer
facilities. Sewer easements should be as close to perpendicular or parallel to
the stream channel to minimize the impact on the stream buffer. Other overhead
and/or underground utilities, roads, streets, bridges, or similar structures
would be placed within existing public rights-of-way if possible, but in any
case, must cross the buffer as close to perpendicular as possible.
C. All disturbed areas within the buffer zone, permitted or not, shall
be revegetated with perennial vegetation as soon as practical (immediately)
after the disturbance. Forested areas shall be reforested if possible as
detailed in the approved replacement program discussed in 4A.
D. A progress report shall be submitted by the individual, corporation,
or company disturbing land in the RSOZ to the Cabarrus County Planning and
Zoning Department within 60 days of approval of the replacement program. Two
other reports may be required at 120 and 180 days if the program is not
completed. The first two reports shall explain what work has been completed and
any results as well as a time schedule for completion of the rest of the
program. The final report shall document that the replacement program has been
completed. The site shall be regularly inspected by the enforcement branch of
the Cabarrus County Planning and Zoning Department to assure activity and
compliance. Any non-compliance shall be treated as a zoning violation and be
subject to enforcement as described in Section 7 and 12 of the Cabarrus County
Zoning Ordinance.
5. A minimum setback from the stream buffers for all buildings shall be
at least 20 feet. If there is a difference in the zoning ordinance setback, the
strictest setback shall apply.
Dr. Nancy Randall, Planning Board Chairperson, requested on behalf of the
Planning staff the Board's endorsement of a study of the current A-I zoning
classification. The Board by consensus endorsed this study.
In regards to Petition 90-05(t), information was presented to fill in the
blanks in the text amendment relative to the special use districts.

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unanimously carried, the Board re-approved Petition 90-05(t) with the following
additions to Sections 10.7 and 10.8.
Section 10.7 - Add "1000" for sentence to read ".. ..the petitioner must
file Cabarrus County Planning and Zoning Department form number 1000,
Application for Rezoning to a General Zoning District.. ."
Section 10.7 - Add section "10.11" for the last sentence to read "The time
frame for the processing of the application is set forth in section 10.11
below."
Section 10.8 - Add "2000" for sentence to read "...the petitioner must
file Cabarrus County Planning Department form number 2000, Application for
Rezoning to a Special Use Zoning District."
Chairman Lentz presented Cabarrus County lapel pins to Dr. Nancy Randall
and to members of Boy Scout Troop 600 of the First Baptist Church.
NEW BUSINESS
Mr. Ken Griffin, architect, reviewed the floor plans for the Courthouse
renovations which would provide additional office space for the offices of
Probation, Clerk of Court, and Magistrate. Total cost for the Courthouse
renovation project was estimated at $64,895.75.
UPON MOTION of Commissioner Hamby, seconded by Commissioner Melvin and
unanimously carried, the Board approved the proposed remodeling of the Cabarrus
County Courthouse at an estimated cost of $64,895.75 with funds as set forth in
the following budget for the project.
AVAILABLE BUDGETED FUNDS:
Building Improvements 34-10-820 $25,000.00
Courts Budget 19-20-501 $30,000.00
Building Maintenance 34-10-501 $ 9,895.75
TOTAL $64,895.75
ESTIMATE OF COST
Labor - Fink & Barrier Construction Co., Inc. $43,956.00
Materials $19,121.00
Architectural Fees - $ 1,818.75
TOTAL $64,895.75
Mr. Hugh Price, District Conservationist, reported that the Watershed
Commissioners had recommended the award of the contract for stream
channelization work for Fiscal Year 1990-91 to the sole bidder, Charles R.
Fisher Logging Company, at a cost of $220.00 per hour for two (2) skidders and
a six-man crew. This work would include the removal of trees and other debris
from Rocky River beginning at Poplar Tent Road to the Mecklenburg County line.
UPON MOTION of Commissioner Moss, seconded by Chairman Lentz and
unanimously carried, the Board approved the award of the bid for the stream
channelization work for Fiscal Year 1990-91 to the sole bidder, Charles F.
Fisher Logging Company, at a cost of $220.00 per hour for two (2) skidders and
a six-man crew.
NEW BUSINESS CONSENT
UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz and
unanimously carried, the Board approved the addition of Historic Spring Drive
to the State road system.
UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz and
unanimously carried, the Board adopted the following Budget Revision/Amendment
Request.
BUDGET REVISION/AMENDMENT REQUEST
DEPARTMENT OF EMERGENCY MANAGEMENT
AMOUNT $4,000.00
PURPOSE OF REQUEST: To amend budget line item and revenue due to increase in
Duke Power Operations Grant.

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Line Item Present Approved Revised
Account Number Budget Increase Decrease Budget
01-01-27-10-355 $6,000.00 $4,000.00 $10,000.00
01-6-27-31-003 $6,000.00 $4,000.00 $10,000.00
UPON MOTION of Commissioner Hamby, seconded by Chairman Lentz and
unanimously carried, the Board approved the following contract between The
University of North Carolina at Charlotte and the County of Cabarrus relative
to the Carolinas Transportation Compact.
THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
Project Agreement #2975-91-0004
This agreement, made and entered into this 23rd day of July, 1990, between The
University of North Carolina at Charlotte (hereinafter "CONTRACTOR"), and the
County of Cabarrus (hereinafter known as "SPONSOR"), witnesseth that:
WHEREAS, each party desires to enter into this agreement for the benefits
reasonably expected to be gained therefrom;
THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
1. Scope of Work
The CONTRACTOR is hereby engaged by SPONSOR to provide support
services for the Carolinas Transportation Compact, a regional
transportation planning organization. The Compact has thirteen
member counties and also has the South Carolina Department of
Transportation and the North Carolina Department of Transportation
as members. The scope of work includes the assistance of UNC
Charlotte Urban Institute in the following areas:
• Providing spaces for the Executive Director of the Carolinas
Transportation Compact and other administrative support such
as personnel and budgetary services.
• Serving as staff to support the Carolinas Transportation
Compact until an Executive Director is employed. Following
the employment of the Executive Director, the Urban Institute
will assist that official in providing the necessary support
for the Compact.
• Assisting the Carolinas Transportation Compact in establishing
an appropriate organizational framework to carry out the
duties and responsibilities of the Compact.
• Assisting the Carolinas Transportation Compact in determining
its work program.
• Providing consultant services in support of the research
program of the Compact.
• Helping to facilitate the information services needed to keep
all interested parties involved and informed about the work
of the Compact.
• Responding to requests for additional services by the Compact,
recognizing existing budgetary restraints.
2. Work Schedule
The work program of the Carolinas Transportation Compact is on a fiscal
year basis. The Carolinas Counties Coalition approved the Compact in Mid-
November 1989. This contract covers the period from July 1, 1990 to June
30, 1991.
3. Financial
SPONSOR agrees to pay to CONTRACTOR the sum of $8,100 payable upon
approval of contract.
4. Use of Names in Publicity
SPONSOR agrees that no advertising or publicity matter having or
containing reference to CONTRACTOR will be disseminated without the prior
written consent of CONTRACTOR.
5. Intellectual Property
Title to all inventions, discoveries, computer software or other
copyrightable material or data, conceived or resulting from the
performance of work hereunder, shall reside in CONTRACTOR. CONTRACTOR
shall and does grant to SPONSOR a nonexclusive, nontransferable, royalty-
free license to utilize any such inventions, discoveries, computer
software or other copyrightable material or data.