Pursuant to N.C.G.S. 20-187.4 Disposition of Retired Service Animals, Staff respectfully requests City Council declare K-9 Cerik and K-9 Mato as
surpluses by the City to be transferred into the personal care of their current handlers, Corporal Justin Reid and Sergeant Nathaneal Blache, as recommended by Police Chief Brent Phelps and adopt the appropriate resolutions.
Note: The City of Lenoir is subject to Phase II requirements of the Clean Water Act which includes maintaining the legal authority to enforce certain
land development and code enforcement provisions related to the management of stormwater run-off and the prevention of illicit discharge and non-source point stream pollution. The attached ordinance was prepared by the Western Piedmont Council of Governments (WPCOG) in consultation with Lenoir Planning Staff and Public Works Director to comply with the state and federal requirements for Phase II communities.
The proposed zoning map amendment is consistent with the adopted Comprehensive Plan because it facilitates straightforward zoning standards,
consistent with the adopted future land use map. The proposed amendment is reasonable and in the public interest because it will allow one development site in common ownership to follow the zoning requirements of a single zoning district and simplify development review for the site in the future.
D. Sanitation Automated Collection Study; WPCOG: Approval of the Lenoir Sanitation Automated Collection Study proposal as prepared by the Western
Piedmont Council of Governments (WPCOG). Note: The revised proposal includes updated customer counts, route re-design and logistics, current and future operation and maintenance budgeting, solid waste ordinance review and public education assistance.
1. The Foothills Regional Airport Authority will meet on Wednesday, November 20 at noon. 2. The annual Light-Up Lenoir Event is scheduled for
Thursday, November 21 from 4:00 p.m. 6:00 p.m. in downtown. 3. The annual Musical Light Show on the downtown square begins daily on Thursday, November 21 through Wednesday, January 1 from 6:00 p.m. 10:00 p.m.
4. The 6th Annual Community Turkey Tuesday is scheduled for Tuesday, November 26 at 5:00 p.m. at the Martin Luther King, Jr. Center to assist
families in need. The first 50 senior citizens or individuals with a disability will receive a turkey. This accommodation will be limited to one per person or one per vehicle. Following the distribution of these 50 turkeys, turkeys will be given out to the general public until the supply is gone. 5. The Planning Board will meet on Monday, November 25 at 5:30 p.m. at the City/County Chambers. 6 The Committee of the Whole will meet on Tuesday, November 26 at 8:30 a.m. at City Hall, Third Floor, former Council Chambers. 7. The annual Rotary Christmas Tree Festival will be held on Saturday, November 23 from 10:00 a.m. until 4:00 p.m. in downtown Lenoir. 8. City offices will be closed on Thursday, November 28 and Friday, November 29 in observance of the Thanksgiving holidays. 9. The annual Christmas Parade will be held on Friday, December 6 at 6:30 p.m. in downtown Lenoir.
1. Resolution; Historic Properties: Pursuant to N.C.G.S. 160A-458.3, City Council does hereby resolve that the properties depicted in Exhibit A as
attached are considered part of Lenoir s Central Business District (CBD) and the rehabilitation and re-use of the buildings and associated site improvements are considered by the Lenoir City Council to be downtown development projects . Staff recommends approval of the attached resolution.
While the City has been operating under these guidelines since 2007, we were using a Caldwell County ordinance. The attached ordinance was prepared
by the Western Piedmont Council of Governments (WPCOG), in consultation with Lenoir Planning and Public Work Directors, as a part of our contract to use their services to comply with the state and federal requirements for Phase 2 communities.
The City of Lenoir is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; City of Lenoir; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160A, 174, 185.
Further, the Federal Water Pollution Control Act of 1972 ( Clean Water Act ) and federal Phase II Stormwater Rules promulgated under it, as well as
rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this ordinance.
The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment [as well as illicit discharges into municipal stormwater systems]. It has been determined that proper management of construction-related and post- development stormwater runoff will minimize damage to public and private property
2. Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as
practicable for the applicable design storm to reduce flooding, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
Development that cumulatively disturbs less than one acre and does not exceed 20,000 square feet or impervious area and does not include disturbances
within a stream buffer, filling or excavation in excess of 1,000 cubic yards or filling and excavation that would impact an adjoining parcel through alteration or drainage paths, ponding or water or velocity of stormwater flow is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to take into account changes in the land area covered
by this ordinance and the geographic location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
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 Stormwater 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.
The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of
action falls on a Saturday, Sunday, or holiday observed by the City of Lenoir, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the City of Lenoir. References to days are calendar days unless otherwise stated.
The Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice.
Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Phase II laws.
If the standards, specifications, guidelines, policies, criteria, or other information in the Design Manual are amended subsequent to the submittal
of an application for approval pursuant to this ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application.
This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this
ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall City of Lenoir be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.
All development and redevelopment projects for which complete and full applications were submitted and approved by the City of Lenoir prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all 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, including but not limited to illicit discharge provisions.
The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the requirements of this ordinance, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this ordinance.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator [Stormwater Advisory Board] shall establish requirements for the content and form of all applications and shall amend
and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff 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.
An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this ordinance, along
with the appropriate fee. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.
Before a stormwater management permit application is deemed complete, the Stormwater Administrator or developer may request a consultation on a
concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource protection plans should be consulted in the discussion of the concept plan.