Salisbury Council approves changes to pavements, house design oversight and other parts of planning ordinance – Salisbury Post

By Natalie Anderson
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SALISBURY — City Council members on Tuesday approved a series of changes and clarifications to the city’s land use planning ordinance in preparation for population and business growth.

The changes were to “pay in lieu of sidewalks” program standards, environmental protections, privacy fencing, and clarity on what is considered a bar/tavern/nightclub.

In Chapter 4, dealing with Subdivisions and Infrastructure, an addition was made to Section 4.5 to clarify that upon completion of construction, streets and utilities will be accepted into the City system, date when the construction guarantee will be released.

In section 4.9, which deals with sidewalks, the changes clarified when the installation of sidewalks is not practical due to environmental obstacles such as adjacent waterways or the topography of the area. Development Services Manager Teresa Barringer said staff have also revamped the city’s “pay-in-lieu” program for installing sidewalks, which allows developers to pay a fee instead of a fee. install sidewalks if their development is eligible. Barringer said new developments that build new roads must install sidewalks on both sides, but if there is already a sidewalk in the area near the development, developers can choose not to connect their development to the sidewalks themselves. same. Instead, the city would collect the fee and use the funds to install the sidewalk itself.

Before the changes passed on Tuesday, the LDO separated Salisbury into seven priority zones, which Mayor Karen Alexander said were created to separate zones based on their similarities. The new changes to the LDO eliminate this card, which Barringer says will provide more flexibility with funds received under the “pay in lieu of” program. The city would have more flexibility to use funds received from developers under this program to make infrastructure improvements elsewhere in this general area. Meanwhile, funds raised from developers since the program began in 2008 will still be tied to the areas where they were received. The new formulation eliminates strict limits and limited use of funds for future developments.

Since 2008, the city has raised $117,689 of these funds from 24 developers. The rate had been set at $26.50 per linear foot throughout 2020 and 2021.

Other language changes in this section clarified that the rate charged per linear foot to program developers will be subject to time and material costs at the time of proposal rather than the change originally proposed for the rate is subject to the schedule of costs in the budget for each financial year. . Changing the cost of the rate was suggested by council member David Post, with Alexander agreeing, due to the rapidly changing price of construction.

Overall, Barringer said, the section language allows the city to streamline its process for reviewing and approving development proposals and receiving more money for infrastructure improvements, especially since developers are already paying a discounted rate per linear foot that does not include installation costs. .

Amendments to Chapter 6, Section 6.3.E removed the City’s involvement in regulating design standards for single-family residential developments. Barringer said there are state laws that prevent such involvement because the city only has authority over historic districts and properties recognized by the National Register of Historic Places.

In Section 6.5.D, regulating a “privacy fence” for swimming pools has generated a lot of discussion in the past, Barringer said. So the LDO now only specifies that a fence with a self-locking gate is required because some homeowners associations, for example, may have different standards for fencing, such as the use of wrought iron fencing.

In Chapter 9.3, the City has established penalties for violating the Erosion and Sediment Control Regulations for Developments, which are in place to protect the City’s stormwater system. Changes to the section also clarify these regulations for developers. A fee of $5,000 per violation day could be imposed, which Barringer says is within state standards.

In Chapter 16, the only changes made were to remove the requirement to print five copies of the design plans. Barringer said there has been an almost exclusive shift to digital-only plans, except for plans with conditional district overlays that require the mayor’s signature.

In Chapter 18, Barringer said wording had been added to clarify the definition of a bar/tavern/disco. The LDO now defines it as a business “where alcoholic beverages are sold for consumption on the premises, which do not form part of a broader restaurant use or other main use permitted by law, the consumption of alcohol being secondary to the primary use”. Barringer said this eliminates the need for non-restaurants who want to sell alcohol for an event to apply for a special use permit from the city. Instead, they would only have to focus on meeting liquor control requirements.

Councilor Post asked if staff members needed to make another change to the “on-site consumption” portion of the definition if the city approved a social district where alcohol could be consumed outside of businesses. City Attorney Graham Corriher said it was a fair question and something that may require review, with further reviews needed if the district is approved.

Barringer said the Salisbury Planning Board unanimously approved the proposed changes before presenting them to the board.

Also at the meeting:

• Amy Lynn Albertson of the Rowan County Cooperative Extension Center is asking the public to participate in the Active Farmland Plan survey by March 17. The data from this survey will help the Rowan County Agricultural Advisory Board and Cooperative Extension develop a map of active farmland to show the current situation. state of agriculture and forestry, outline challenges and opportunities, and make recommendations to help sustain family farms and local forests. The survey can be completed by visiting

• The board approved a 2021-22 budget amendment in the amount of $5,000 to allocate US Secret Service funds to purchase equipment used in criminal investigations. Salisbury Police Chief Jerry Stokes told the Post the grant will be used to purchase computer forensic equipment to retrieve information from electronic devices or media. The SPD is receiving the funding as a member of an Internet crimes against children task force, he added.

• The board held a public hearing for the March 1 meeting regarding a request for voluntary annexation of Cloninger Ford Investments located at 645 Julian Road.

• Council members agreed to hold the next regularly scheduled meeting virtually on February 15 and potentially return to the Council Chamber for hybrid meetings beginning in March, depending on COVID-19 trends at that time.

Contact reporter Natalie Anderson at 704-797-4246.

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