Board of Commissioners Regular Meeting

Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 1 of 30 Minutes Board of Commissioners Regular Meeting 7 p.m. Oct. 9, 2023 Board Meeting Room, Town Hall Annex, 105 E. Corbin St. Present: Mayor Pro Tempore Matt Hughes and commissioners Mark Bell, Robb English, Kathleen Ferguson and Evelyn Lloyd Absent: Mayor Jenn Weaver Staff: Planning and Economic Development Manager Shannan Campbell, Assistant Town Manager and Community Services Director Matt Efird, Budget and Management Analyst Josh Fernandez, Environmental Engineering Supervisor Bryant Green, Stormwater and Environmental Services Manager Terry Hackett, Police Chief Duane Hampton, Town Attorney Bob Hornik, Communications Specialist JC Leser, Town Clerk and Human Resources Technician Sarah Kimrey, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space and Sustainability Manager Stephanie Trueblood Opening of the meeting Mayor Pro Tempore Matt Hughes opened the meeting at 7 p.m. Hughes took a moment to recognize Oct. 9 as Indigenous Peoples Day and to acknowledge that Hillsborough sits on land that once belonged to the Occaneechi Band of the Saponi Nation. 1. Public charge Hughes did not read the public charge. 2. Audience comments not related to the printed agenda There were none. 3. Agenda changes and approval There were none. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Evelyn Lloyd seconded. Vote: 5-0. 4. Appointments A. Tree Board – Appointment of Thomas Darling to a term ending Oct. 30, 2026 B. Board of Adjustment – Resolution to Orange County requesting appointment of Carl Edward (Eddie) Sain to an extraterritorial jurisdiction alternate member seat for a three-year term Motion: Ferguson moved to approve appointments as presented. Lloyd seconded. Vote: 5-0. 5. Items for decision – consent agenda  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 2 of 30 A. Minutes – Regular meeting Sept. 11, 2023 – Work session Sept. 25, 2023 B. Miscellaneous budget amendments and transfers C. Changes to Police Career Progression and Adjustment to Classification and Pay Plan D. American Rescue Plan Update and Proposed Transfer for Reimbursements E. 2024 Board of Commissioners Meeting Schedule F. Request from Corbinton Commons residents regarding extension of a hold harmless agreement to allow the town to provide services on private streets Motion: Ferguson moved to approve all items on the consent agenda as amended with revised Sept. 11, 2023, meeting minutes. Commissioner Mark Bell seconded. Vote: 5-0. Nays: None. 6. Items for decision – regular agenda A. Resolution approving the Falls Lake Consensus Principles II Stormwater and Environmental Services Manager Terry Hackett provided a presentation to the board about the Falls Lake Consensus Principles II, an updated version of the original Falls Lake Consensus Principles. Hackett shared that Stage I of the state’s current Falls Lake rules are being met. He said current Stage II reductions are not feasible and would not significantly reduce nutrient loading to Falls Lake. Hackett shared that Hillsborough did not sign on to the first Falls Lake Consensus Principles, but he supports the Falls Lake Consensus Principles II due to significant differences in the information that informs the principles, including a 10-year study conducted by the Upper Neuse River Basin Association. Hackett believes the Consensus Principles II are good for the town and Falls Lake. Bell asked if the state needs to approve these principles as well. Hackett said the state will begin a formalized rule-making process next year, which could take up to three years. Motion: Ferguson moved to adopt the resolution. Commissioner Robb English seconded. Vote: 5-0. B. Unified Development Ordinance text amendment – Section 6.17, Sidewalks (staff initiated) Planning and Economic Development Manager Shannan Campbell presented regarding an updated sidewalk section of the Unified Development Ordinance. The change gives guidance for when sidewalks need to be built by developers or when the town would accept a payment in lieu of a sidewalk. Ferguson said accepting payment in lieu could negatively impact connectivity by limiting connection points. Campbell said that the town will accept payments in lieu and earmark those funds for future sidewalks. Ferguson stated that 150% of the cost of a sidewalk for a payment in lieu would be unacceptable due to the rising cost of construction and general inflation. Town Attorney Bob Hornik said the town would not be taking a bond but accepting cash that it would earn interest on. He also shared that the town would not likely be able to require above 150% of the cost of a sidewalk, which is the higher end of current rates for payments in lieu. Bell suggested setting a limit on the amount of time that the town can hold payments in lieu. Campbell said the town can set an internal policy, but that language would not be a part of the Unified Development Ordinance text amendment.  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 3 of 30 English asked how hard it is for developers to ask for payments in lieu instead of building. Campbell said developers tend to give up easily, but the Planning and Economic Development Division will require documentation from developers about the need for a payment in lieu. When asked by English, Campbell said the farthest a sidewalk can be built from a development following a payment in lieu is half a mile. Ferguson said half a mile is not enough area for reasonable distance from a project. She said the town should recognize that development is occurring in the southern part of town but that the need for sidewalks may be spread across the town. Bell said he does not like limiting sidewalk construction to a distance from the original project. He suggested priority zones for future improvements. Assistant Town Manager Matt Efird shared that other towns do use the model Bell is suggesting and the town could investigate further after adoption of the proposed text amendment. Motion: Ferguson moved to adopt the ordinance text amendment and consistency statement with the exception of the half-mile radius for a sidewalk payment in lieu and with direction for staff to research sidewalk construction distance further. Public Space and Sustainability Manager Stephanie Trueblood said the board should adopt the amendment as presented so developers and the town have more flexibility in the near term. She said this is a significant need for current ongoing projects. Motion: Ferguson rescinded the motion and moved to adopt the ordinance text amendment and consistency statement as presented with direction for staff to revisit the sidewalk radius during the Unified Development Ordinance rewrite. English seconded. Vote: 5-0. C. Request from Forest Ridge residents regarding crosswalk safety improvements on U.S. 70A Trueblood shared with the board that residents have requested improvements at current crosswalks. Ferguson said Fairview residents asked for a crossing of U.S. 70. Trueblood said the requested improvements are at existing crosswalks, unlike the request from Fairview residents. English asked how the town can get improved pedestrian crosswalks from the start rather than letting individuals get hurt and then implementing improvements. Campbell said the requested enhancements would retrofit current crosswalks, but development of future crosswalks could be more comprehensive going forward. Trueblood said the current standards are North Carolina Department of Transportation standards, but those standards are much lower than what is being requested. Bell asked if the town could do anything on state roads. Trueblood said the town will request that NCDOT conduct a study. She said the town has to follow the state process. Motion: Bell moved to request staff to work with NCDOT to explore options for improvements for public safety at the Forest Ridge, Fiori Hills and Eno Haven Apartments crosswalk on U.S. 70A. Ferguson seconded. Vote: 5-0. D. Hot topics for work session Oct. 23, 2023 The following topics were noted:  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 4 of 30 • A presentation of the 2023 Government 101 program • A Youth in Action video 7. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager No update. C. Staff (written reports in agenda packet) There were none. Motion: Ferguson moved to go into closed session at 8:04 p.m. Bell seconded. 8. Closed session A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney in order to preserve the attorney-client privilege (economic development) Motion: Bell moved to return to open session at 9: 25 p.m. Ferguson seconded. Vote: 5-0. 9. Adjournment Hughes adjourned the meeting at 9:25 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 5 of 30 RESOLUTION Requesting an Appointment to an Extraterritorial Jurisdiction Seat on the Hillsborough Board of Adjustment WHEREAS, as a result of a vacancy, it is necessary to appoint a person to an alternate member seat reserved on the Hillsborough Board of Adjustment for persons residing within the town’s extraterritorial jurisdiction; and WHEREAS, if a resident of the extraterritorial jurisdiction cannot be identified to fill the position, the Orange County Board of Commissioners may appoint a resident of the county; and WHEREAS, as of the date of this resolution, no person residing within the extraterritorial jurisdiction has applied to serve on the Board of Adjustment; and WHEREAS, by state statute and town ordinance, the Orange County Board of Commissioners initially has the authority and responsibility to appoint extraterritorial jurisdiction members to the Board of Adjustment; NOW, THEREFORE, be it resolved by the Hillsborough Board of Commissioners: Section 1. The Orange County Board of Commissioners is respectfully requested to appoint the following individual to an extraterritorial jurisdiction alternate member seat on the Hillsborough Board of Adjustment for a three-year term: Mr. Carl Edward (Eddie) Sain 1010 US 70-A East Hillsborough, NC 27278 Section 2. If the Orange County Board of Commissioners fails to appoint persons willing to serve in the capacity described above within 90 days of receiving this resolution, the Hillsborough Board of Commissioners may make this appointment. Section 3. The town clerk shall send a copy of this resolution to the Orange County Manager. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following votes, and was duly adopted this 9th day of October 2023. Jenn Weaver, Mayor Town of Hillsborough  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 TOWN OF HILLSBOROUGH Page 6 of 30 FY 2023-2024 BUDGET CHANGES REPORT DATES: 10/09/2023 TO 10/09/2023 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET GF 10-00-9990-5300-000 CONTINGENCY Contingency To cover Crescent Magnolia streetlights 41297 10/09/2023 EBRADFORD 450,000.00 -2,000.00 242,759.00 To cover museum HVAC replacement 41301 10/09/2023 EBRADFORD 450,000.00 -433.00 242,326.00 Police 10-20-5100-5300-460 C.S./DRIVER SAFTEY TRAINING To cover emergency K-9 vet treatment. 41298 10/09/2023 JFernandez 4,000.00 -4,000.00 0.00 Police 10-20-5100-5300-574 MISC. - POLICE DOG To cover emergency K-9 vet treatment. 41300 10/09/2023 JFernandez 4,100.00 5,600.00 9,700.00 Police 10-20-5100-5300-730 DRUG ENFORCEMENT OPERATIONS To cover emergency K-9 vet treatment. 41299 10/09/2023 JFernandez 5,000.00 -1,600.00 2,032.00 Streets 10-30-5600-5300-130 UTILITIES To cover Crescent Magnolia streetlights 41296 10/09/2023 EBRADFORD 146,410.00 2,000.00 148,410.00 Streets 10-30-5600-5300-455 C.S./ENGINEERING To cover Lakeshore Dr repair 41262 10/09/2023 EBRADFORD 26,000.00 -13,970.00 52,252.50 Streets 10-30-5600-5700-729 CAPITAL - INFRASTRUCTURE To cover Lakeshore Dr repair 41263 10/09/2023 EBRADFORD 239,000.00 13,970.00 299,485.00 Special 10-60-6900-5300-167 MAINTENANCE - MUSEUM Approp. To cover museum HVAC replacement 41302 10/09/2023 EBRADFORD 10,000.00 433.00 17,000.00 W&S 30-80-3900-3900-000 FUND BALANCE APPROPRIATED Fund Bal. Correct FY23 Roll-Over POs Duplicate. 41273 10/09/2023 JFernandez 1,768,570.00 -17,207.50 2,537,284.91 WW 30-80-8200-5700-741 CAPITAL - EQUIPMENT Dist. Correct FY23 Roll-Over POs Duplicate. 41292 10/09/2023 JFernandez 20,000.00 -17,207.50 194,427.79 Storm- 35-30-5900-5300-000 CONTINGENCY Water To cover trailer 41295 10/09/2023 EBRADFORD 25,000.00 -500.00 24,500.00 Storm- 35-30-5900-5700-741 CAPITAL - EQUIPMENT Water To cover trailer 41294 10/09/2023 EBRADFORD 75,000.00 500.00 76,500.00 Cap Pro.67-00-3850-3850-000 INTEREST EARNED WFER Carr Close out project fund 41303 10/09/2023 EBRADFORD 6,796.39 -6,796.39 0.00 Store Cap Pro.67-70-3980-3980-300 DEBT ISSUANCE PROCEEDS WFER Carr Store Close out project fund 41304 10/09/2023 EBRADFORD 3,271,000.00 -3,271,000.00 0.00 Cap Pro.67-80-8130-5700-000 CONTINGENCY WFER Carr Close out project fund 41305 10/09/2023 EBRADFORD 150,875.39 -150,875.39 0.00 Store Cap Pro.67-80-8130-5700-045 DESIGN WFER Carr Store Close out project fund 41306 10/09/2023 EBRADFORD 132,468.00 -132,468.00 0.00 Cap Pro.67-80-8130-5700-570 MISCELLANEOUS WFER Carr Close out project fund 41307 10/09/2023 EBRADFORD 220,630.00 -220,630.00 0.00 Store Cap Pro.67-80-8130-5700-710 LAND ACQUISITION WFER Carr Close out project fund 41308 10/09/2023 EBRADFORD 5,500.00 -5,500.00 0.00 Store Cap Pro.67-80-8130-5700-719 CONSTRUCTION ADMINISTRATION WFER Carr Close out project fund 41309 10/09/2023 EBRADFORD 310,000.00 -310,000.00 0.00 Store Cap Pro.67-80-8130-5700-720 CONSTRUCTION WFER Carr Close out project fund 41310 10/09/2023 EBRADFORD 2,458,323.00 -2,458,323.00 0.00 Store Restr. 72-00-5000-3301-022 RESTRICTED REV-TOWN HALL GROUNDS Revenue To adj to actual 41290 10/09/2023 EBRADFORD 0.00 22,000.00 22,000.00 JFernandez 10/02/2023 9:14:03AM Page 1 of 2 fl142r03  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 TOWN OF HILLSBOROUGH Page 7 of 30 FY 2023-2024 BUDGET CHANGES REPORT DATES: 10/09/2023 TO 10/09/2023 CHANGE ORIGINAL BUDGET AMENDED REFERENCE NUMBER DATE USER BUDGET CHANGE BUDGET Restr. 72-10-5000-5300-367 TOWN HALL GROUNDS Revenue Adj to actual 41291 10/09/2023 EBRADFORD 0.00 22,000.00 22,000.00 -6,546,007.78 APPROVED: 5/0 DATE: 10/9/23 VERIFIED: ___________________________________ JFernandez 10/02/2023 9:14:03AM Page 2 of 2 fl142r03  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 8 of 30 Regular (Non-Law Enforcement) Positions Salary FLSA Grade Minimum Midpoint Maximum Status Class Code Classification 1 35,705 47,167 58,628 2 37,415 48,190 58,965 N 201 ADMINISTRATIVE SUPPORT SPECIALIST 2 37,415 48,190 58,965 N 202 METER SERVICES TECHNICIAN 2 37,415 48,190 58,965 N 205 CUSTOMER SERVICE REPRESENTATIVE 3 39,211 50,524 61,838 N 302 EQUIPMENT OPERATOR I 3 39,211 50,524 61,838 N 303 UTILITY MAINTENANCE TECHNICIAN I 4 41,097 52,976 64,855 N 401 SENIOR CUSTOMER SERVICE REPRESENTATIVE 4 41,097 52,976 64,855 N 402 UTILITY MAINTENANCE TECHNICIAN II 4 41,097 52,976 64,855 N 403 WASTEWATER PLANT OPERATOR I 4 41,097 52,976 64,855 N 404 WATER PLANT OPERATOR I 5 43,076 55,549 68,022 N 502 EQUIPMENT OPERATOR II 5 43,076 55,549 68,022 N 503 SENIOR ADMINISTRATIVE SUPPORT SPECIALIST 5 43,076 55,549 68,022 N 504 UTILITY MAINTENANCE TECHNICIAN III 5 43,076 55,549 68,022 N 505 WASTEWATER PLANT OPERATOR II 5 43,076 55,549 68,022 N 506 WATER PLANT OPERATOR II 6 45,155 58,252 71,348 N 605 ACCOUNTS PAYABLE TECHNICIAN 6 45,155 58,252 71,348 N 605 EQUIPMENT OPERATOR III 6 45,155 58,252 71,348 N 601 PLANNING TECHNICIAN 6 45,155 58,252 71,348 N 602 PLANT MAINTENANCE MECHANIC I 6 45,155 58,252 71,348 N 604 UTILITY SYSTEMS MECHANIC I 6 45,155 58,252 71,348 N 607 STORMWATER TECHNICIAN 7 47,338 61,089 74,841 N 706 ACCOUNTING TECHNICIAN 7 47,338 61,089 74,841 N 701 CREW LEADER 7 47,338 61,089 74,841 N 702 PLANT MAINTENANCE MECHANIC II 7 47,338 61,089 74,841 N 703 UTILITY SYSTEMS MECHANIC II 7 47,338 61,089 74,841 N 704 WASTEWATER PLANT OPERATOR III 7 47,338 61,089 74,841 N 705 WATER PLANT OPERATOR III 8 49,630 64,069 78,508 N 801 FLEET MECHANIC 8 49,630 64,069 78,508 N 802 PLANT MAINTENANCE MECHANIC III 8 49,630 64,069 78,508 N 803 UTILITY SYSTEMS MECHANIC III 8 49,630 64,069 78,508 N 804 DIVERSION SOCIAL WORKER 9 52,036 67,197 82,358 E 901 BILLING & CUSTOMER SERVICE SUPERVISOR 9 52,036 67,197 82,358 N 902 METER SERVICES SUPERVISOR 9 52,036 67,197 82,358 N 903 UTILITIES INSPECTOR 9 52,036 67,197 82,358 E 904 PUBLIC WORKS SUPERVISOR 10 54,563 70,482 86,401 N 1001 BACKFLOW/FOG SPECIALIST 10 54,563 70,482 86,401 N 1002 CHIEF WASTEWATER PLANT OPERATOR 10 54,563 70,482 86,401 N 1003 COMMUNICATIONS SPECIALIST 10 54,563 70,482 86,401 N 1004 FACILITIES COORDINATOR 10 54,563 70,482 86,401 N 1005 OPERATOR IN RESPONSIBLE CHARGE 11 57,216 73,931 90,646 N 1101 PLANNER 12 60,002 77,553 95,104 E 1201 BUDGET & MANAGEMENT ANALYST 12 60,002 77,553 95,104 E 1202 FINANCIAL ANALYST 12 60,002 77,553 95,104 E 1203 FLEET MAINTENANCE SUPERVISOR 12 60,002 77,553 95,104 E 1204 HUMAN RESOURCES ANALYST 12 60,002 77,553 95,104 E 1205 MANAGEMENT ANALYST 12 60,002 77,553 95,104 N 1206 STORMWATER PROGRAM COORDINATOR  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 9 of 30 12 60,002 77,553 95,104 N 1207 WASTEWATER LABORATORY SUPERVISOR 12 60,002 77,553 95,104 N 1208 SENIOR COMMUNICATIONS SPECIALIST 12 60,002 77,553 95,104 N 1209 PLANNER II 13 62,927 81,356 99,784 E 1301 CIVIL ENGINEERING TECHNICAN 13 62,927 81,356 99,784 E 1302 SENIOR PLANNER 13 62,927 81,356 99,784 E 1303 UTILITY MAINTENANCE SUPERVISOR 13 62,927 81,356 99,784 E 1304 UTILITY SYSTEM SUPERVISOR 14 65,999 85,348 104,698 E 1401 TOWN CLERK/HUMAN RESOURCES TECHNICIAN 15 69,224 89,541 109,858 E 1501 SAFETY & RISK MANAGER 16 72,610 93,943 115,276 E 1601 WATER PLANT SUPERINTENDENT 17 76,165 98,565 120,965 E 1701 PUBLIC WORKS MANAGER 17 76,165 98,565 120,965 E 1702 STORMWATER & ENVIRONMENTAL SERVICES MANAGER 17 76,165 98,565 120,965 E 1703 UTILITY SYSTEM SUPERINTENDENT 18 79,899 103,418 126,938 E 1802 COMMUNICATIONS MANAGER 19 83,819 108,514 133,210 E 1901 INFORMATION TECHNOLOGY MANAGER 20 87,934 113,865 139,795 E 2001 BUDGET DIRECTOR 20 87,934 113,865 139,795 E 2002 ENVIRONMENTAL ENGINEERING SUPERVISOR 20 87,934 113,865 139,795 E 2003 HUMAN RESOURCES MANAGER 20 87,934 113,865 139,795 E 2004 PLANNING & ECONOMIC DEVELOPMENT MANAGER 20 87,934 113,865 139,795 E 2005 PUBLIC SPACE & SUSTAINABILITY MANAGER 20 87,934 113,865 139,795 E 2006 DEPUTY UTILTIES DIRECTOR - WATER TREATMENT 21 92,256 119,483 146,710 22 96,794 125,382 153,970 23 101,559 131,576 161,594 24 106,562 138,080 169,599 E 2401 ADMINISTRATIVE SERVICES DIRECTOR 24 106,562 138,080 169,599 E 2402 ASSISTANT TOWN MANAGER/COMMUNITY SERVICES DIRECTOR 24 106,562 138,080 169,599 E 2403 FINANCE DIRECTOR 25 111,815 144,909 178,004 E 2501 UTILITIES DIRECTOR Sworn Law Enforcement Officer Positions Salary FLSA Grade Minimum Midpoint Maximum Status Class Code Classification 100 46,638 60,179 73,720 N 100 POLICE OFFICER TRAINEE 102 53,412 68,985 84,559 N 102 POLICE OFFICER/POLICE OFFICER FIRST CLASS 201 56,008 72,360 88,712 N 203 SENIOR POLICE OFFICER POLICE OFFICER FIRST CLASS 202 58,733 75,903 93,073 N 204 POLICE CORPORAL 303 61,119 79,005 96,890 N 304 MASTER POLICE OFFICER 402 67,230 86,949 106,668 N 405 POLICE SERGEANT 502 73,967 95,707 117,447 E 507 POLICE LIEUTENANT 601 85,200 110,309 135,419 E 606 POLICE MAJOR 701 106,562 138,080 169,599 E 707 CHIEF OF POLICE  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 10 of 30 ORDINANCE #20231009-5.D-1 ORDINANCE Grant Project Amendment American Rescue Plan – Galvanized Water Main Replacement The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue Plan $60,000 $(60,000) $0 Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget Galvanized Water $60,000 $(60,000) $0 Main Replacement Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 11 of 30 ORDINANCE #20231009-5.D-2 ORDINANCE Grant Project Amendment American Rescue Plan – Hydrant and Valve Project The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue $400,000 $(400,000) $0 Plan Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget Hydrant and Valve $400,000 $(400,000) $0 Project Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 12 of 30 ORDINANCE #20231009-5.D-3 ORDINANCE Grant Project Amendment American Rescue Plan – Lawndale Basin Rehabilitation The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue $935,000 $(935,000) $0 Plan Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget Lawndale Basin $935,000 $(935,000) $0 Rehabilitation Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 13 of 30 ORDINANCE #20231009-5.D-4 ORDINANCE Grant Project Amendment American Rescue Plan – McAdams Road Water Main Replacement The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue $350,000 $(350,000) $0 Plan Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget McAdams Road Water $350,000 $(350,000) $0 Main Replacement Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 14 of 30 ORDINANCE #20231009-5.D-5 ORDINANCE Grant Project Amendment American Rescue Plan – Transfer to Water and Sewer Fund The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. American Rescue Plan $1,973,914.40 American Rescue Plan - Interest $48,733.00 Section 2. Amounts appropriated for the grant project are hereby amended as follows. Transfer to Water and Sewer $2,022,647.40 Fund Section 3. This grant project will close automatically upon projection completion. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 15 of 30 ORDINANCE #20231009-2.D-6 ORDINANCE Grant Project Amendment American Rescue Plan – Wastewater Treatment Plant Clarifier Coatings The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue Plan $190,000 $(13,800) $176,200 Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget Wastewater $190,000 $(13,800) $176,200 Treatment Plant Clarifier Coatings Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 16 of 30 ORDINANCE #20231009-5.D-7 ORDINANCE Grant Project Amendment American Rescue Plan – Water Treatment Plant Paving & Curbing Repair The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue Plan $90,000 $(90,000) $0 Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget WTP Paving & $90,000 $(90,000) $0 Curbing Repair Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 17 of 30 ORDINANCE #20231009-5.D-8 ORDINANCE Grant Project Amendment American Rescue Plan – Water Treatment Plant SCADA Update The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget American Rescue Plan $50,000 $(1,382) $48,618 Section 2. Amounts appropriated for the grant project are hereby amended as follows. Current Budget +/- Amended Budget WTP SCADA Update $50,000 $(1,382) $48,618 Section 3. This grant project is hereby closed within Fund 77. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 18 of 30 ORDINANCE #20231009-5.D-9 ORDINANCE Capital Project Amendment Galvanized Water Main Replacement The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Transfer from Water and $160,000 Sewer Fund Section 2. Amounts appropriated for the capital project are hereby amended as follows. Galvanized Water Main $160,000 Replacement Section 3. This capital project will close automatically upon projection completion. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 19 of 30 ORDINANCE #20231009-5.D-10 ORDINANCE Capital Project Amendment Hydrant and Valve Project The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Transfer from Water and $487,647.40 Sewer Fund Section 2. Amounts appropriated for the capital project are hereby amended as follows. Hydrant and Valve Project $487,647.40 Section 3. This capital project will close automatically upon projection completion. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 20 of 30 ORDINANCE #20231009-5.D-11 ORDINANCE Capital Project Amendment Lawndale Basin Rehabilitation The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Transfer from Water and $935,000 Sewer Fund Section 2. Amounts appropriated for the capital project are hereby amended as follows. Lawndale Basin $935,000 Rehabilitation Section 3. This capital project will close automatically upon projection completion. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 21 of 30 ORDINANCE #20231009-5.D-12 ORDINANCE Capital Project Amendment McAdams Road Water Main Replacement The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Transfer from Water and $350,000 Sewer Fund Section 2. Amounts appropriated for the capital project are hereby amended as follows. McAdams Road Water Main $350,000 Replacement Section 3. This capital project will close automatically upon projection completion. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 22 of 30 ORDINANCE #20231009-5.D-13 ORDINANCE Capital Project Amendment Water Treatment Plant Paving and Curbing Repair The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Transfer from Water and $90,000 Sewer Fund Section 2. Amounts appropriated for the capital project are hereby amended as follows. Water Treatment Plant $90,000 Paving and Curbing Repair Section 3. This capital project will close automatically upon projection completion. Section 4. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 23 of 30 RESOLUTION Endorsing Falls Lake Consensus Principles II of the Upper Neuse River Basin Association for Revised Falls Lake Rules WHEREAS, the North Carolina Environmental Management Commission adopted the Falls Lake Rules and the N.C. Rules Review Commission approved the rules at its Dec. 16, 2010, meeting, with an effective date of Jan. 15, 2011; and WHEREAS, the jurisdictions of the Falls Lake watershed developed an original set of consensus principles in February 2010 to guide the development of the current rules; and WHEREAS, the rules (15A NCAC 02B .0275 (5)(f)) allow for their reexamination using an evaluation process approved by the North Carolina Division of Water Resources and for the reexamination results to be presented to the division and the Environmental Management Commission; and WHEREAS, the Upper Neuse River Basin Association has followed the rules’ reexamination process, secured required approvals of the process, and invested in a 10-year, $10 million study of Falls Lake and its watershed to establish an updated and comprehensive scientific basis for revisions to the rules; and WHEREAS, on Sept. 20, 2023, the Board of Directors of the Upper Neuse River Basin Association approved revised consensus principles for the readoption of the rules; and WHEREAS, the association’s member local government jurisdictions desire to endorse the Falls Lake Consensus Principles II for the readoption of the rules; NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners endorses Consensus Principles II as adopted by the Upper Neuse River Basin Association Board of Directors and recommends that the North Carolina Department of Environmental Quality and the Environmental Management Commission use these consensus principles as guidelines in developing the revised rules for Falls Lake. Approved this 9th day of October in the year 2023. Jenn Weaver, Mayor Town of Hillsborough  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 24 of 30 ORDINANCE #20231009-6.B ORDINANCE Amending the Unified Development Ordinance The Hillsborough Board of Commissioners ordains the following amendments: 6.17 SIDEWALKS AND PEDESTRIAN ACCESS 6.17.1 PURPOSE AND INTENT The regulations in this subsection are designed to advance identified goals and strategies found in the Town’s adopted Comprehensive Sustainability Plan, and promote the public health, safety, and welfare by improving air quality and the quality of life for town residents and visitors. Providing sidewalks and other multi‐modal travel methods adjacent to and within developments furthers the purposes for which these regulations are intended. 6.17.2 APPLICABILITY The requirements of this subsection apply to developments that are subject to the following review procedures: (a) Creation of New Lots/Division of Land involving a Conservation, Major or Special Subdivision, (b) Site Plan Review, (c) Special Use Permit, including their modification, or (d) Zoning Compliance Permit involving a non-residential change of use if required by sub- paragraph 7.3.3, Nonconforming Characteristics of Non residentially Zoned Properties. 6.17.3 EXCEPTIONS TO SIDEWALK CONSTRUCTION REQUIREMENTS 6.17.3.1 Sidewalk construction, payment in-lieu of sidewalk construction (pursuant to paragraph 6.17.5, Sidewalk Payment In-lieu of Construction), or a combination of the two, is required where: (a) the permit-issuing authority determines: (1) the sidewalk will interfere with or disrupt drainage if constructed where required, (2) construction is infeasible, impractical, or undesirable due to special circumstances including, but not limited to, topography, streams, or other environmental limitations such as the presence of regulatory floodplains and riparian buffers, or (3) if constructed, the sidewalk will not provide any present or future public  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 25 of 30 ORDINANCE #20231009-6.B safety benefit; (b) the sidewalk will be provided as part of a Town or State scheduled and funded roadway project to be built within three years of the proposed development’s approval; or (c) an impending road widening project affecting the development is scheduled to begin within three years of the proposed development’s approval. 6.17.4 EXEMPTIONS FROM SIDEWALK CONSTRUCTION AND PAYMENT IN-LIEU REQUIREMENTS Sidewalk construction and/or payment in-lieu of construction is not required where: (a) the development project: 1. does not front on, or lie between, a street segment(s) identified as “recommended” on the Comprehensive Sustainability Plan’s Sidewalk System Map, and 2. no sidewalk or other pedestrian accessway exists, or is planned to be constructed, within 500 feet of the boundary of the land to be developed, (b) only a change of use or occupancy will occur with no substantial site improvements required or proposed, (c) only site grading and/or utility improvements are involved, (d) vehicular access to lots or other development will be provided by alleys connecting to streets with existing sidewalks or streets that will be constructed with sidewalks as part of the proposed development, (e) the sidewalk would be located within unimproved right-of-way not requiring improvement as part of the development, or (f) the required sidewalk is committed as part of another development project’s permit, provided the permit is still valid and unexpired. 6.17.5 SIDEWALK PAYMENT IN-LIEU OF CONSTRUCTION 6.17.5.1 Where allowed by paragraph 6.17.3, Exceptions to Sidewalk Construction Requirements, the applicant shall make a payment to the Town in lieu of sidewalk construction. A combination of construction and payment in-lieu may be made when an applicant chooses to construct a portion of sidewalk instead of making a full in-lieu payment. Nothing in this paragraph shall prevent an applicant from constructing sidewalks instead of making an in-lieu payment. 6.17.5.2 Payment shall be made to the Town at a rate set annually in the Town budget. Payment value shall equal the average linear foot of total sidewalk cost, including accessible ramps  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 26 of 30 ORDINANCE #20231009-6.B and required shade tree installation, as determined by a professional engineer or other professional qualified to provide the estimate. The calculation shall include the time and material cost in place at the time of the request. 6.17.5.3 Payment shall be made prior to (i) issuance of a Certificate of Occupancy, or (ii) release of any financial security held in association with the development project. Payments shall be deposited in the Town’s sidewalk construction capital fund and used for sidewalk installation or repair within a 0.5-mile radius of the property for which the fee was collected. 6.17.5.4 Acceptance of payment-in-lieu shall not remove the requirement for sidewalks under paragraph 6.17.2, Applicability, for future property development unless exempted under paragraph 6.17.4, Exemptions from Sidewalk Construction and Payment In-lieu Requirements. 6.17.6 DESIGN REQUIREMENTS 6.17.6.1 Sidewalks shall be provided for all new developments and shall: (a) be provided within street rights-of-way along all adjacent and perimeter public streets on which the development tract has frontage. Additional street right-of-way of a sufficient width to accommodate the required sidewalk shall be dedicated along the street frontage in cases where the existing right-of-way is not wide enough to accommodate a sidewalk; (b) be provided on both sides of all internal streets within a development; (c) align vertically and horizontally with abutting sidewalks; (d) connect via a direct link to primary building entrances; (e) within unsubdivided developments (e.g., attached dwelling projects), link buildings with other buildings, adjacent public streets, on-site activity centers such as parking areas, laundry facilities, and recreational areas and facilities, (f) accommodate sidewalk shade trees required by paragraph 6.17.11, Sidewalk Shade Trees, (g) avoid conflicts or obstruction with above-ground structures or trees, and (h) maintain required width around any existing or anticipated obstructing object in the sidewalk’s path. 6.17.6.2 During the development review process, reviewing agencies may designate areas where prior approval is required for any alteration to sidewalk locations. No other changes are permitted without the approval of all agencies that approved the original plans.  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 27 of 30 ORDINANCE #20231009-6.B 6.17.6.3 The Public Works Manager may approve changes in sidewalk location for a maximum linear distance of 200 feet without the need for amended plans. The approved plans will be annotated to reflect any approved changes. 6.17.7 CONSTRUCTION REQUIREMENTS Sidewalks shall be constructed: (a) behind curb and gutter or a roadside swale, (b) to meet standards found in Appendix A, Street Construction Standards and Specifications, of the Town Code of Ordinances and the Town’s adopted Street Manual. NCDOT standards must be met for sidewalks constructed within state-maintained street rights-of-way, (c) to meet all applicable ADA (Americans with Disabilities Act) requirements, (d) of concrete with a width of at least five feet and thickness of at least five-inches (six-inches at driveway entrances), unless use of alternative materials is approved by the Public Works Manager, (e) with a constructed barrier wherever a sidewalk is located within five-feet of a retaining wall 30-inches or greater in height, or steep grades exceeding a 1:1 ratio, and (f) with sidewalk shade trees required by paragraph 6.17.11, Sidewalk Shade Trees. 6.17.8 ENCROACHMENT AGREEMENTS REQUIRED FOR STATE-MAINTAINED STREETS Sidewalks constructed within State-maintained-street rights-of-way shall be subject to a three- party encroachment agreement between the developer, NCDOT and Town. 6.17.9 ALTERNATIVE SIDEWALK PLANS The permit-issuing authority may approve alternative sidewalk plans where it is shown that the alternative provides equal or greater internal and external pedestrian circulation and connectivity through use of off-street trails or multi-use pathways connecting to sidewalks, off-street trails, or multi-use pathways on the perimeter of the development tract. 6.17.10 ADDITIONAL MEANS OF PEDESTRIAN ACCESS (a) Whenever the permit-issuing authority determines a means of pedestrian access is necessary to connect a residential development to schools, parks, open space, playgrounds, other streets or facilities, and access is not conveniently provided by sidewalks adjacent to the streets, the applicant may be required to provide an improved pedestrian accessway located within an easement of at least 10 feet in width to provide pedestrian access. (b) The pedestrian accessway must be either paved with concrete, asphalt, pervious pavement, gravel, or other suitable material approved by the permit-issuing authority. Gravel or other loose materials used for paving must be contained by framing to prevent  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 28 of 30 ORDINANCE #20231009-6.B paving material wash-out. (c) The accessway shall be owned and maintained by a property or homeowners’ association. 6.17.11 SIDEWALK SHADE TREES 6.17.11.1 Shade trees shall be installed in front yards behind the sidewalk along all development street frontages and internal streets according to the following table. This requirement does not apply where non-residential buildings are built to within 10 feet of the street right-of-way or designed with front courtyards or other site features providing similar shading. SIDEWALK SHADE TREE PLANTING REQUIREMENTS Tree Size 1 Dbh at Minimum Height Minimum Distance from Spacing Planting at Installation Sidewalk (feet on (inches)2 (feet) (feet – sidewalk edge to center)3 tree center point) Small 1.5 6 5 30 Large 3 10 10 40 1 Refer to Town’s recommended planting list for acceptable species. 2 Dbh (Diameter at breast height) is defined in Section 9, Definitions. 3 Permit-issuing authority may approve varied spacing if there are conflicts between utilities and tree placement provided required number of trees are provided. 6.17.11.2 Where shade trees are planted on the development property behind street rights-of-way, a minimum 10-foot wide, private tree easement shall be provided for the planting and maintenance of required trees. Tree easements must be shown on site plans and subdivision plats and subject to a tree easement, planting, and maintenance agreement to be recorded in the register of deeds office. 6.17.11.3 Where non-residential buildings are built within 10 feet of a street right-of-way, shade trees shall be installed in “tree lawns” between the curb and sidewalk as follows: TREE LAWN PLANTING REQUIREMENTS Lawn Tree Dbh at Minimum Minimum Distance from Spacing Width Size1 Planting Height at Sidewalk (feet on (feet) (inches) Installation 2 (feet - sidewalk edge to tree center)3 (feet) center point) 4–8 Small 1.5 6 2 - 2.5 30 >8 Large 3 10 3.5 40 1 Refer to Town’s recommended planting list for acceptable species. 2 Dbh (Diameter at breast height) is defined in Section 9, Definitions. 3 Permit-issuing authority may approve varied spacing if there are conflicts between utilities and tree placement provided required number of trees are provided. 6.17.11.4 All shade tree planting areas and tree lawns shall be planted with grass, ground cover, or treated with other suitable cover material. 6.17.11.5 The following table lists recommended distances to be maintained between planted trees  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 29 of 30 ORDINANCE #20231009-6.B and various infrastructure and improvements: RECOMMENDED MINIMUM DISTANCE FROM INFRASTRUCTURE AND IMPROVEMENTS Use Minimum Distance (feet) Back of curb/pavement 2 Catch basins 10 Driveways 10 Fire hydrants 10 Light poles 20 Manholes 10 Other trees 15 or 25 (depending on species) Overhead and underground power ½ average mature canopy width + 15 feet distribution lines (measured from center of distribution corridor) Sewer easements Planting prohibited Stop signs 30 Structures 10 Traffic signs (except Stop signs) 10 Utility boxes 3 feet sides and rear; 3 feet from doors Water easements Planting prohibited Water meters 5 Water and sewer lines Dependent on easement width; 10 feet where easement doesn’t exist (measured from center of pipe) All other services 10 The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk  Oct. 9, 2023 Board of Commissioners Regular Meeting Approved: ____________________ Nov. 13, 2023 Page 30 of 30 HILLSBOROUGH BOARD OF COMMISSIONERS Consistency Statement per Sec�on 160D-604(d) Text Amendment Request from: Staff-Planning and Economic Development Division Oct. 9, 2023 The Town of Hillsborough Board of Commisioners has received and reviewed the application from Town Planning and Economic Development Division staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend UDO §6.17 (Sidewalks and Walkways) to be re-titled and re-written in its entirety for better readability and to clarify that, with several exceptions, sidewalks are required in all new developments (as listed), and to expand upon the provisions for allowing limited acceptance of payment in-lieu of sidewalk construction in certain circumstances. The Hillsborough Board of Commissioners has determined the proposed action is consistent with the Town of Hillsborough’s Comprehensive Sustainability Plan for the following reason(s): 1. The amendments are consistent with the Transportation and Connectivity Chapter goal to “Develop and maintain a safe, efficient, and sustainable multimodal transportation system (including bicycle, pedestrian, and transit options) that offers alternatives to single-occupancy vehicle trips and promotes health and access to area jobs, destinations, and services.” Strategy: Adopt regulations that contribute to meeting identified transportation and connectivity needs in town. The foregoing consistency statement having been submitted to a vote, received the following vote and was duly adopted this 9th day of October in the year 2023. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk