Professional Services - Unified Development Ordinance Update

1 COUNTY OF MOORE NORTH CAROLINA REQUEST FOR PROPOSALS ISSUE DATE: October 21, 2020 RFP#: 2021-08 TITLE: Professional Services - Unified Development Ordinance Update ISSUING DEPARTMENT: County of Moore Financial Services Attn: Terra Vuncannon 206 S. Ray Street PO Box 905 Carthage, NC 28327 Sealed Proposals will be received until 4:30 pm Thursday, November 5, 2020 from qualified firms to provide Professional Services for the County of Moore Planning Department for the update of the Unified Development Ordinance. All inquiries for information concerning Instructions for Proposals, Bid Submission Requirements or Procurement Procedures shall be directed to (in writing): Terra Vuncannon, Purchasing Manager 206 South Ray Street Carthage, NC 28327 (910) 947-7118 (Telephone) tvuncannon@moorecountync.gov Proposals shall be mailed and/or hand delivered to the Issuing Department shown above, and the envelope shall bear the name

and number of this Request for Proposal. For your convenience, a Bid Drop-Off Box is located in the lobby at 206 South Ray Street. It is the sole responsibility of the Bidder to ensure that its bid reaches the Issuing Department by the designated date and hour indicated above. In compliance with the Request for Proposals and to all the terms and conditions imposed herein, the undersigned offers and agrees to furnish the services described in accordance with the attached signed bid. Firm Name: _________________________________________ Date: ____________________ Address: ____________________________________________ Phone: ___________________ ____________________________________________ By: ______________________ (typed) By: ______________________ (signed) mailto:tvuncannon@moorecountync.gov 2 TABLE OF CONTENTS INSTRUCTIONS TO PROPOSERS Page 3 BACKGROUND AND SCOPE OF WORK Page 6 PROPOSAL FORM Page 7 NON-COLLUSION AFFIDAVIT Page 8 E-VERIFY AFFIDAVIT Page 9 W-9 FORM Page 10 EXHIBIT A Page 11 3 INSTRUCTIONS FOR PROPOSALS 1. Proposals shall be submitted to the Issuing Department on the enclosed Proposal Form. Proposals should include one (1) original and one (1) copy. In order for a proposal to be considered, it shall be based on the terms, conditions and specifications contained herein and shall be a complete response to this RFP. The County reserves the right to make an award in whole, or in part, and to reject and all proposals, and to waive any informality in proposals unless otherwise specified by the Bidder. The Bidder shall sign the bid correctly and bids may be rejected if they show omissions, alterations of form, additions not called for, conditional bids or any irregularities of any kind. 2. All labor costs, direct and indirect, shall have been determined and included in the proposal. The cost and availability of all equipment, materials, and supplies associated with performing the services described herein shall have been determined and included in the proposal. Do not include sales tax in bid figures. The County pays sales tax and will add this to your bid figures separately when invoices are paid. All price quotes shall include delivery to the delivery point, installation, and set-up charges, as necessary. Goods shall be set in place ready for owner’s use. All goods shall be new and of average quality. No remanufactured, refurbished or used goods will be accepted. Appropriate product information (e.g. brochures, catalog cuts, etc.) shall be included with the proposal. 3. After the RFP issue date, all communications between the Issuing Department and prospective Bidders shall be in writing. No oral questions shall be accepted. Any inquiries, requests for interpretation, technical questions, clarifications, or additional information shall be directed to Terra Vuncannon via e-mail to tvuncannon@moorecountync.gov or to the address listed on page one if this solicitation. All questions concerning this RFP shall reference the RFP number, section, and page number. Questions and responses affecting the scope of the goods will be provided to all prospective Bidders by issuance of an Addendum. All written questions shall be received by the Issuing Department no later than 10:00 a.m. Wednesday, October 28, 2020. NO EXCEPTIONS. 4. The County will not be responsible for any oral instructions. Should a Bidder find discrepancies in, or omissions from the documents, or should be in doubt as to their meaning, s/he should at once notify the Issuing Department, and a written addendum shall be issued. Acknowledgement of any Addendum received during the time of the bidding shall be noted on the Bid Form in the spaces provided. In closing of a contract, any Addendum issued shall become a part thereof. 5. Proposals will be examined promptly after opening and award will be made at the earliest possible date. The prices quoted must be held firm, and no bids may be withdrawn until 90 days after bid opening date. The County reserves the right to conduct any test/inspection it may deem advisable to ensure services/materials/supplies/equipment, as appropriate, conform to specifications. 6. Pursuant to North Carolina General Statutes Section 143-129, “award shall be made to the lowest responsible Bidder or Bidders, taking into consideration quality, performance and the time specified in the proposals for the performance of the contract.” mailto:tvuncannon@moorecountync.gov 4 7. The County of Moore has waived the Bid Deposit. 8. All purchases for goods or services are subject to the availability of funds for this purpose. 9. The contractor shall not represent itself to be an agent of the County. 10. The General Statures of the State of North Carolina, insofar as they apply to purchasing and competitive bidding, are made a part hereof. 11. The County of Moore is committed to creating and maintaining and environment free from harassment and other forms of misconduct that fundamentally compromise the working environment of the County. All contractors performing work/services at a County facility shall take all necessary steps to assure that none of its employees engage in harassment or intimidation relating to personal beliefs or characteristics of anyone on the County’s premises, including but not limited to, race, religion, age, color, sex, national origin or disability. Such harassment is unacceptable and will not be condoned in any form at the County of Moore. If such conduct occurs, the contractor will take all necessary steps to stop it and prevent its future occurrence. This policy shall be strictly enforced. 12. For all the work being performed under this Contract, the County of Moore has the right to inspect, examine, and make copies of any and all books, accounts, records, and other writing relating to the performance of the work. Audits shall take place at times and locations mutually agreed upon by both parties, although the vendor/contractor must make the materials to be audited available within one (1) week of the request for them. 13. The Bidder agrees that it will not identify the County of Moore as a client in any other proposal, resume, or informational brochure without first requesting and obtaining, in writing, the permission of the County of Moore Board of Commissioners. 14. All Bidders must complete and submit the Vendor Application Form with their bid package. This information will be used to create or update the County’s bidder/vendor file. 15. The County of Moore reserves the right to reject any and all proposals. It further reserves the right to waive informalities insofar as it is authorized so to do where it deems it advisable in protection of the best interests of the County. 16. Proposals will be tabulated, reviewed and a recommendation presented to the County of Moore Board of Commissioners for their approval. 17. Any and all exceptions to the Specifications must be stated in writing, giving complete details of what is to be furnished in lieu of requested Specifications. 18. The County of Moore reserves the right to cancel and terminate any resulting contract, in whole or in part, without penalty, upon forty-five (45) days notices to the Vendor(s). Any contract cancellation shall not relieve the Vendor(s) of the obligation to deliver any outstanding services issued prior to the effective date of the cancellation. 19. Moore County will not be responsible for any expenses incurred by a vendor in the 5 development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided 6 BACKGROUND The County of Moore is seeking proposals from professional firms to update the current Unified Development Ordinance to current North Carolina statutory requirements. The current Moore County Unified Development Ordinance can be found on the County website at the below link: https://www.moorecountync.gov/planning-and-transportation/ordinances SCOPE OF WORK 1. To comply with Chapter 160D, the comprehensive re-write of the statutes governing development regulation in North Carolina. 2. Inclusions of Moore County Military Zoning Overlay language in accordance with the objectives of the 2018 Fort Bragg Joint Land Use Study and the laws of the State of North Carolina. The purposes of the Fort Brag Military Zoning Overlay are to protect community compatibility; assist Fort Bragg, including Camp Mackall, in the preservation of its operational capability; and to promote the public health, safety, and general welfare. Exhibit A includes draft language from the Joint Land Use Study. 3. Project completion date – January 29, 2021. https://www.moorecountync.gov/planning-and-transportation/ordinances 7 PROPOSAL FORM RFP #2021-08 The County of Moore requests your proposal to provide Professional Services – Unified Development Ordinance Update. The Sealed Proposals will be opened at 4:30 p.m., Thursday, November 5, 2020 in Financial Services, County of Moore, 206 S. Ray Street, Carthage, NC 28327. The opening will not be public. For your convenience, a Bid Drop-Off Box is located in the lobby of 206 South Ray Street. Use of this form is only for submitting proposals. In submitting your proposal, keep in mind that any alterations, changes in proposal format, etc. will make it difficult to evaluate. All items should be in the units, quantities, units of measurements, etc. specified. Do not submit alternates unless requested. The County of Moore shall reserve the right to reject any and/or all proposals. TOTAL COST: ____________________________________ Responsive proposal must include the following: Completed Proposal Form Notarized Non-collusion Affidavit Notarized E-Verify document W-9 form I certify that the contents of this proposal are known to no one outside the undersigned, and to the best of my knowledge all requirements have been complied with. Date____________________ Authorized Signature __________________________________ Receipt of the following addendum (if applicable) is acknowledged: Addendum No. _________________ Date: ______________________ Addendum No. _________________ Date: ______________________ Addendum No. _________________ Date: ______________________ 8 COUNTY OF MOORE NON-COLLUSION AFFIDAVIT State of North Carolina County of Moore I _______________________________________, being first duly sworn, deposes and says that: He/She is the __________________________ of ____________________________, the Bidder that has submitted the attached bid; He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; Neither the said Bidder nor any of its officers, partners, owners’ agents, representatives, employees or parties of interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder or to fix overhead, profit or cost element of the bid price of any other Bidder or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Moore or any person interested in the proposed contract; and, The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ___________________________________ Title State of North Carolina County of _________________ Subscribed and sworn before me, This ______ day of __________, 2020 _______________________________ Notary Public My commission expires: _______________________ 9 Moore County E-Verify Affidavit STATE OF NORTH CAROLINA AFFIDAVIT COUNTY OF MOORE I, ____________________________ (the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64- 26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. Executed, this ____ day of _______________, 2020. Signature of Affiant Print or Type Name: _________________________ State of North Carolina County of _____________ Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 2020. My Commission Expires: Notary Public (A ffix O fficial/N o tarial S eal) 10 11 Moore County Military Zoning Overlay1 Table of Contents 1.0 PURPOSE & INTENT ..................................................................................................................................... 12 2.0 AUTHORITY .................................................................................................................................................. 12 3.0 APPLICABILITY............................................................................................................................................. 13 4.0 DEFINITIONS ................................................................................................................................................. 13 5.0 ADMINISTRATION ....................................................................................................................................... 16 6.0 COORDINATING OFFICIALS ....................................................................................................................... 16 7.0 COMPATIBLE USE STANDARDS.................................................................................................................. 16 7.1. ACCIDENT POTENTIAL ZONES OVERLAY ........................................................................................................................................ 16 7.2. AIRCRAFT NOISE ZONES OVERLAY .................................................................................................................................................. 17 7.3. LIMITATIONS ON INCOMPATIBLE AND POTENTIAL INCOMPATIBLE DEVELOPMENTS ....................................................... 17 8.0 NOTICE & COORDINATION WITH FORT BRAGG .................................................................................... 18 8.1. GENERALLY.............................................................................................................................................................................................. 18 8.2. MODIFICATIONS TO ZONING MAP OR PERMITTED USES OF LAND ......................................................................................... 19 9.0 PUBLIC AWARENESS AND NOTICE OF MILITARY IMPACTS ................................................................. 19 10.0 NO DELEGATION OF LOCAL AUTHORITY ................................................................................................ 20 11.0 SEVERABILITY .............................................................................................................................................. 20 12.0 EFFECTIVE DATE .......................................................................................................................................... 20 APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES ..... 21 APPENDIX B: LAND USE COMPATIBILITY RECOMMENDATIONS FOR AIRCRAFT NOISE ZONES ................ 27 1 To the extent Moore County currently regulates military-related land uses, this Military Zoning Overlay represents a baseline for repealing, supplementing, or revising existing regulations. EXHIBIT A MOORE COUNTY MILITARY ZONING OVERLAY 1.0 PURPOSE & INTENT 12 1.0 Purpose & Intent (A) In accordance with the objectives of the 2018 Fort Bragg Joint Land Use Study and the laws of the State of North Carolina, the purposes of the Fort Bragg Military Zoning Overlay are to protect community compatibility; assist Fort Bragg, including Camp Mackall, in the preservation of its operational capability; and to promote the public health, safety, and general welfare. (B) The intent of these regulations is to promote compatibility between military operations at Fort Bragg and Camp Mackall and the use and development of private property by ensuring that, as provided herein, Moore County and Fort Bragg officials coordinate on land use activities impacting or impacted by military operations and training activities. (C) It is the further intent of these regulations to provide reasonable protection against incompatible land uses in the vicinity of Fort Bragg and Camp Mackall. (D) These purposes are achieved by the adoption of: (1) regulations generally consistent with other local governments coordinating with Fort Bragg through similar regulations and coordination agreements; (2) reasonable requirements for notice and coordination between Moore County and Fort Bragg; and (3) reasonable regulations within Moore County including, where applicable, documented Accident Potential Zones, aircraft and weapons training noise zones, and imaginary surfaces and active airspace, to the extent that the added restrictions are limited to: (a) the height of man-made structures, (b) incompatible uses of land, and (c) incompatible development activities. 2.0 Authority (A) This Ordinance is adopted pursuant to .2 (B) In addition, Moore County is a party to the RLUAC Coordination Agreement, which specifies additional commitments to coordinate with Fort Bragg and other parties to the RLUAC Coordination Agreement. To the extent there is a conflict between the terms of the RLUAC Coordination Agreement and state law, state law shall govern. 2 Note that, in 2019, N.C.G.S. Chapter 160D repealed and replaced N.C.G.S. Chapter 153A, Article 18 and Chapter 160A, Article 19, regarding local planning and development regulation. Moore County’s legal counsel should verify the source authority upon which the County wishes to rely to adopt the Military Overlay Zoning ordinance or related revisions to its code, whether Chapter 160D, general police powers, or other. MOORE COUNTY MILITARY ZONING OVERLAY 3.0 APPLICABILITY 13 3.0 Applicability (A) Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. (B) This Ordinance applies to a new land use established after the effective date of this Ordinance or the reestablishment of a land use after its discontinuance of years3 or more. (C) If a parcel is partially located within a documented Military Influence Area, this Ordinance applies only to that portion of the parcel located within a Military Influence Area. (D) In addition to the standards set forth in this Ordinance, all uses and structures must comply with all other applicable local, State, and Federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations]. (E) Compliance with this Ordinance does not exempt an applicant from complying with other requirements of the Moore County Code of Ordinances. 4.0 Definitions The following terms have the following meanings for purposes of enforcing and interpreting this Ordinance. ACCIDENT POTENTIAL ZONE (APZ) I: APZ-I lies beyond the Clear Zone, and is located in an area of lower, but still considerable, aircraft accident potential. Camp Mackall APZs are depicted on the Official Zoning Map. ACCIDENT POTENTIAL ZONE (APZ) II: APZ-II is beyond APZ-I and possesses less aircraft accident potential than APZ-I, but the potential is still high enough to warrant land use restrictions. Camp Mackall APZs are depicted in on the Official Zoning Map. AIRCRAFT NOISE ZONES: Areas that may be affected by noise associated with current aircraft operations and training, as set forth in the ICUZ Study. Camp Mackall Noise Zones are depicted on the Official Zoning Map. AIRPORT OBSTRUCTION OR INTERFERENCE: Any structure, object, or use of land the Fort Bragg commanding general determines impedes operations at Fort Bragg, in any manner described below. 1. A Potential Incompatible Development, or its anticipated impacts, protrude above the planes or surfaces as contained in Title 14, Part 77 CFR [Code of Federal Regulations] or above the established floor elevation of the aviation training routes associated with Fort Bragg; 3 This timeframe may be consistent with Moore County’s existing regulations concerning nonconforming uses and structures, or a new timeframe may be specified. Conversely, the County may opt to require that only new structures and land uses comply with this Ordinance. https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=14%3A2.0.1.2.9 https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=14%3A2.0.1.2.9 https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=14%3A2.0.1.2.9 https://ecfr.io/Title-14/cfr77_main MOORE COUNTY MILITARY ZONING OVERLAY 4.0 DEFINITIONS 14 2. A Potential Incompatible Development, or its anticipated impacts, interfere with pilot vision, communication, radar, or otherwise interferes with the safe and effective operation of military aircraft: 3. Structures are proposed within 10 feet of approach/departure or transitional surfaces or within 10 feet of the established floor elevation of the aviation training routes associated with Fort Bragg; 4. The Potential Incompatible Development produces steam, dust, smoke, light emissions, glare, or other visual impairments; has explosive characteristics; or otherwise interferes with pilot vision or the operation of military aircraft; 5. The Potential Incompatible Development produces electrical emissions that interfere with navigation equipment or radio communication between aircraft, Fort Bragg, or other air traffic control facility; or 6. The Potential Incompatible Development attracts wildlife into a Department of Defense Airport Imaginary Surface, pursuant to 14 C.F.R. 77.21, or into an aviation training route, which the Fort Bragg commanding general determines may create a hazard to military operations. AIRSPACE PROTECTION AREA: Lands within the zoning jurisdiction of Moore County, situated beneath the Imaginary Surfaces associated with Fort Bragg or Camp Mackall or that are beneath or within one mile of the installations’ documented aviation corridors or aviation routes. The Airspace Protection Area is designated on the Official Zoning Map. CLEAR ZONE (CZ): The Clear Zone (CZ) begins at the end of the runway and is the area of highest aircraft accident potential; it has few uses that are compatible. The CZ starts at the end of the runway, and its dimensions are specified by the Department of Defense based on the type of aircraft and runway. Military CZs are not present in Moore County’s jurisdiction. FORT BRAGG COORDINATING OFFICIAL: The Executive Director of the Regional Land Use Advisory Commission (RLUAC) who acts as a liaison with Moore County for the purpose of coordination under the provisions of this Ordinance. The Fort Bragg Coordinating Official reviews and, as applicable, provides comments related to Potential Incompatible Development in Moore County and as otherwise required by this Ordinance, the RLUAC Coordination Agreement, or state law. IMAGINARY SURFACES: The Imaginary Surfaces associated with Fort Bragg and Camp Mackall, which include all of the land within the airspace depicted on the Official Zoning Map. INSTALLATION COMPATIBLE USE ZONE (ICUZ) STUDY: The most recent ICUZ Study or Studies, which identifies the military impacts and Military Influence Areas associated with Fort Bragg and Camp Mackall and identifies types of development considered incompatible with these impacts. As of this Ordinance’s original adoption date, the most recent ICUZ Study for Fort Bragg and Camp Mackall was titled “Fort Bragg Installation Compatible Use Zone Study,” dated September 2017. MILITARY INFLUENCE AREAS: Those areas of land within the zoning jurisdiction of Moore County that may experience the impacts of military training, including Accident Potential Zones, Aircraft Noise Zones, the Airspace Protection Area, lands within 5 miles of the installations (for state- mandated coordination), and Weapons Training Areas. https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=14%3A2.0.1.2.9 MOORE COUNTY MILITARY ZONING OVERLAY 4.0 DEFINITIONS 15 MOORE COUNTY: The Moore County Board of Commissioners or an administrative designee of the Board of Commissioners. MOORE COUNTY COORDINATING OFFICIAL: The Planner of the Moore County Planning and Transportation Division or the Planner of the Moore County Planning and Transportation Division’s designee. OFFICIAL ZONING MAP: The duly adopted zoning map of Moore County. POTENTIAL INCOMPATIBLE DEVELOPMENT: The following land uses or structures proposed in Moore County: 1. Private and general aviation airports or runways; 2. Landfills; 3. Feeding stations; 4. Renewable Energy Facilities;4 5. Open pit mining and sand or gravel dredging operations; 6. Agricultural and research uses; 7. Stormwater detention or retention; 8. Created wetlands; and other wildlife attractants; and 9. Any other land use or structure the Moore County Coordinating Official determines, after consultation with the Fort Bragg Coordinating Official, to pose a potential threat to or encroachment on military training and operations. RENEWABLE ENERGY FACILITY5: A facility, other than a hydroelectric power facility with a generation capacity of more than 10 megawatts, that either: 1. Generates electric power by the use of a renewable energy resource. 2. Generates useful, measurable combined heat and power derived from a renewable energy resource. 3. Is a solar thermal energy facility. RLUAC COORDINATION AGREEMENT: A cooperative agreement, or agreements, between Moore County, other local governments, and Fort Bragg. The RLUAC Coordination Agreement includes protocol for compliance with the requirements of this Ordinance and state law, as well as other cooperative efforts between the parties to the agreement, and may be amended from time to time. WEAPONS TRAINING NOISE AREA: Areas designated on the Official Zoning Map that may experience noise and vibration resulting from large and small caliber weapons training at Fort Bragg. According to the ICUZ Study, off-post noise levels within these areas range from 57 4 Note that a Wind Energy Facility, which is a Renewable Energy Facility, would be prohibited jurisdiction- wide, as currently drafted. 5 This definition is taken from N.C.G.S. §62-133.8(a)(7). https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_62/GS_62-133.8.pdf MOORE COUNTY MILITARY ZONING OVERLAY 5.0 ADMINISTRATION 16 C-weighted DNL to 70 C-weighted DNL or (at peak levels) from (PK15) 115 dB to greater than 130 dB.6 WIND ENERGY FACILITY: A structure of any height that converts wind energy into electricity or other energy through the use of one or more turbines or other structures utilizing propeller blades. 5.0 Administration The Moore County Planning and Community Development Department is responsible for implementing the provisions of this Ordinance. 6.0 Coordinating Officials For the purpose of coordination under the provisions of this Ordinance and the RLUAC Coordination Agreement, at all times following the effective date, Moore County and Fort Bragg will designate and maintain the following positions: (A) Moore County Coordinating Official. (B) Fort Bragg Coordinating Official. 7.0 Compatible Use Standards 7.1. Accident Potential Zones Overlay (A) The Accident Potential Zones Overlay include all parcels or portions of parcels located in APZ-I or APZ-II associated with Mackall Army Airfield, as designated on the Official Zoning Map. (B) According to the ICUZ Studies and current Air Force guidance, certain land uses in APZs are not compatible with air operations at Mackall Army Airfield, given the increased potential of aircraft accidents in these areas. (C) Unless expressly exempt7, all development proposed within the Mackall Army Airfield APZs shall be consistent with Appendix A: Land Use Compatibility Recommendations for Accident Potential Zones.8 6 Lands within the Weapons Training Noise Area are not regulated directly under this version of the Military Zoning Overlay. However, notice and awareness requirements do apply so current and future occupants of these lands are aware of the potential to experience noise and vibration associated with Fort Bragg Training. 7 Appendix A provides Air Force guidelines (per Air Force Handbook 32-7084 (AFH32-7084) AICUZ Program Manager’s Guide (2 November 2017)) for land use compatibility in Accident Potential Zones. These are recommendations only and may be modified in consideration of local circumstances. 8 The Air Force safety zone compatibility guidelines may be implemented ministerially, for the most part, without the need to exercise significant discretion or the need to require a special use permit. MOORE COUNTY MILITARY ZONING OVERLAY 7.0 COMPATIBLE USE STANDARDS 17 7.2. Aircraft Noise Zones Overlay (A) Certain parcels within Moore County are located within the Mackall Army Airfield Aircraft Noise Zones as indicated on the Official Zoning Map. (B) The Aircraft Noise Zones include all parcels or portions of parcels located in the Noise Zones associated with Mackall Army Airfield. (D) These Noise Zones indicate areas that may be affected by noise associated with current operations and training, as set forth in the ICUZ Studies. (E) According to the ICUZ Studies and current Air Force guidance, certain noise-sensitive land uses in these areas are not compatible with air operations at Camp Mackall. (F) Unless expressly exempt9, all development proposed within the Aircraft Noise Zones associated with Mackall Army Airfield, therefore, shall be consistent with Appendix B: Land Use Compatibility Recommendations for Aircraft Noise Zones.10 7.3. Limitations on Incompatible and Potential Incompatible Developments11 (A) Generally. Certain land uses by their very nature or location may present threats to military airspace operations and, therefore, are considered a Potential Incompatible Development, and are subject to the limitations of this Section 7.3. (B) Wind Energy Facilities.12 Wind Energy Facilities are prohibited within Moore County.13 (C) Airport Obstructions or Interference Prohibited in Airspace Protection Area. Potential Incompatible Developments that the Fort Bragg commanding general, through the Fort Bragg Coordinating Official, determines create an Airport Obstruction or Interference are prohibited within the Airspace Protection Area, as designated on the Official Zoning Map. (D) Proposed Structures 50 feet or Greater in Height. 9 Appendix B provides Air Force guidelines (per Air Force Handbook 32-7084 (AFH32-7084) (2 November 2017)) for land use compatibility in Aircraft Noise Zones. These are recommendations only and may be modified in consideration of local circumstances. 10 The Air Force noise compatibility guidelines may be implemented ministerially, for the most part, without the need to exercise significant discretion or the need to require a special use permit. 11 In contrast to the compatibility standards in Sections 7.1 (accident potential) and 7.2 (noise), determinations under Section 7.3(C) (Potential Incompatible Developments) will require a determination by Fort Bragg (via RLUAC) in order to determine whether a proposed use is allowed. This may be by “special use permit” (or similar), which allow determinations or input from Fort Bragg to be taken into consideration by a board of adjustment, planning board, or governing body prior to a final decision. 12 Under this Military Zoning Overlay, as currently drafted, Wind Energy Facilities are prohibited within all jurisdictions, based on the importance of the ongoing military mission in the region as reflected, in part, on the General Assembly’s Vertical Obstruction Impact on the N.C. Military Mission, which may be accessed at www.ncleg.gov/rnr/MilitaryOps. 13 Moore County may defer to existing or alternative policies with respect to Wind Energy Facilities, including requiring a determination by Fort Bragg on a case-by-case basis. http://www.ncleg.gov/rnr/MilitaryOps MOORE COUNTY MILITARY ZONING OVERLAY 8.0 NOTICE & COORDINATION WITH FORT BRAGG 18 (1) When a proposed development includes a structure 50 feet or greater in height within the Airspace Protection Area, a determination by the Fort Bragg commanding general of whether the proposed structure creates an Airport Obstruction or Interference is required.14 (2) Any building or structure of 50’ or greater in height proposed within the Airspace Protection Area, for which the Fort Bragg commanding general determines creates an Airport Obstruction or Interference, is prohibited.15 (3) In addition, Moore County will not approve certain buildings and structures 200’ or more in height, proposed within 5 miles of Fort Bragg or Camp Mackall, except upon demonstration of compliance with the Military Lands Protection Act of 2013 (N.C.G.S. §§ 143-151.70 through 143-151.77). 16 (E) Procedures. Coordination under this Section 7.3 shall be pursuant to the process in Section 8.0. 8.0 Notice & Coordination with Fort Bragg 8.1. Generally (A) The Moore County Coordinating Official will provide notice to and receive comments from the Fort Bragg commanding general, through the Fort Bragg Coordinating Official, for the consideration of Moore County staff and other decision-makers, regarding Potential Incompatible Development proposed within Moore County, as provided in Sections 7.3 (C) and (D), and as required by the North Carolina General Statutes. (B) The RLUAC Coordination Agreement, to which Moore County is a party, describes the agreed- to protocol for complying with the provisions of this Ordinance and state law. Coordination pursuant to the RLUAC Coordination Agreement may extend beyond the requirements of state law and this Ordinance. A copy is available on file. (C) In addition, state level coordination is required for, but may not be limited to: 14 Fort Bragg review of structures over 50’ applies within the same area as does its review of “Potential Incompatible Developments” (the “Airspace Protection Area”). 15 In contrast to the compatibility standards in Sections 7.1 and 7.2, determinations under Section 7.3(D) (height) will require a determination by Fort Bragg in order to determine whether a proposed structure is allowed. This may be by “special use permit” (or similar), which allow determinations or input from Fort Bragg to be taken into consideration by a board of adjustment, planning board, or governing body prior to a final decision. 16 Based on the statutory definition of “major military installation,” Fort Bragg is considered to have “oversight and control” over Camp Mackall, as well as Pope Army Airfield, consistent with N.C.G.S. § 143- 151.70, et seq. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf 19 MOORE COUNTY MILITARY ZONING OVERLAY 9.0 PUBLIC AWARENESS AND NOTICE OF MILITARY IMPACTS (1) As provided in Section 8.2, certain modifications to the zoning map or of permitted uses of land, if proposed within 5 miles of Fort Bragg or Camp Mackall (see N.C.G.S. § 160D-601(b));17 18 (2) Certain tall buildings and structures proposed within 5 miles of Fort Bragg or Camp Mackall (see N.C.G.S. § 143-151.70 et seq.); and (3) Proposed Wind Energy Facilities that require approval by the N.C. Department of Environmental Quality. (see N.C.G.S. § 143-215.115, et seq).19 (4) To the extent there is a conflict between the terms of the RLUAC Coordination Agreement or this Ordinance and state law, state law shall prevail. 8.2. Modifications to Zoning Map or Permitted Uses of Land20 (A) Pursuant to N.C.G.S. § 160D-601, Moore County will notify and receive comments from the Fort Bragg commanding general prior to any public hearing or final decision related to a change in the zoning map or a change that would affect the uses permitted on a property within 5 miles of Fort Bragg or Camp Mackall. (B) The procedures for facilitating coordination with Fort Bragg in compliance with N.C.G.S. § 160D-601 are described in the RLUAC Coordination Agreement. (C) To the extent there is a conflict between the terms of the RLUAC Coordination Agreement or this Ordinance and state law, state law governs. 9.0 Public Awareness and Notice of Military Impacts (A) Application Notice. Moore County will provide notice on applications and application approval documents issued within a Military Influence Area for the following approvals: (1) subdivisions, (2) zoning permits, (3) conditional use permits, (4) building permits, and 17 N.C.G.S. § 160D-601(b) requires coordination with “military bases” within the jurisdictions. However, at the time of this Study, the statutes did not contain a definition of “military bases,” so this draft of the Military Zoning Overlay applies the term to the same installations as were determined to be “major military installations” under N.C.G.S. § 143- 151.71, and includes both Fort Bragg (and Pope Army Airfield) and Camp Mackall. 18 The state requires notice and consideration of any comments received where “adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land.” See N.C.G.S § 160D-601(b). 19 As drafted, the Military Overlay Zone prohibits Wind Energy Facilities. This section is included for the sake of completeness and awareness that, if Wind Energy Facilities are allowed and require approval by the County, coordination with the state as to that approval, would be required by statute. 20 This section implements N.C.G.S. § 160D-601(b), in conjunction with any relevant provisions of the RLUAC Coordination Agreement. https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_21C.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_143/Article_9G.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_160D/GS_160D-601.pdf MOORE COUNTY MILITARY ZONING OVERLAY 10.0 NO DELEGATION OF LOCAL AUTHORITY 20 (5) certificates of occupancy.21 (B) Real Estate Disclosures. A real estate disclosure, as provided in the RLUAC Coordination Agreement, is required for all real property transfers and for leases of greater than 90 days within a Military Influence Area. This document discloses the proximity of Fort Bragg and Camp Mackall, the likely presence of military training impacts, and the department within Moore County that can be contacted for more information.22 10.0 No Delegation of Local Authority Nothing herein is intended to, and should not be interpreted to, authorize or require approval by Fort Bragg or RLUAC of a development or land use action proposed in Moore County.23 11.0 Severability If any section, subsection, or clause of this Ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses, shall not be affected thereby. 12.0 Effective Date This Ordinance shall be effective from and after , 20 . 21 The County may modify this section to tailor the list according to its particular terminology and approvals. 22 N.C.G.S. Chapter 47E provides for required disclosures under state statute for residential sales. It does not require disclosure of military-related impacts or land uses or expressly authorize local governments to require disclosures. It also does not address leased properties or commercial real estate transactions. Notably, the N.C. Real Estate Commission’s standard real estate disclosure form, nonetheless, does require disclosure of some, but not all, impacts from “military sources.” Moore County should consider the advice of local legal counsel before deciding whether to mandate disclosures beyond those expressly authorized by statute. 23 The Ordinance is not intended to delegate authority to Fort Bragg or any other party. As drafted, the Ordinance provides that Moore County will rely on the determinations of the commanding general as to whether a Potential Incompatible Development would create an Airport Obstruction or Interference with respect to air operations at Fort Bragg or an outlying facility. The County’s reliance on Fort Bragg for its final decisions should be consistent with local procedures and confirmed by local counsel. https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter47E MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES 21 Appendix A: Land Use Compatibility Recommendations for Accident Potential Zones Suggested Land Use Compatibility1 SLUCM NO. Land Use Name APZ-I APZ-II Density Recommendation 10 Residential 11 Household units N Y2 Maximum density of 2 Du/Ac 11.11 Single units: detached N N 11.12 Single units: semi-detached N N 11.13 Single units: attached row N N 11.21 Two units: side-by-side N N 11.22 Two units: one above the other N N 11.31 Apartments: walk-up N N 11.32 Apartments: elevator N N 12 Group quarters N N 13 Residential hotels N N 14 Mobile home parks or courts N N 15 Transient lodgings N N 16 Other residential N N 20 Manufacturing3 21 Food & kindred products; manufacturing N Y Maximum FAR 0.56 in APZ-II 22 Textile mill products; manufacturing N Y Maximum FAR 0.56 in APZ-II 23 Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing N N 24 Lumber and wood products (except furniture); manufacturing Y Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 25 Furniture and fixtures; manufacturing Y Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 26 Paper and allied products; manufacturing Y Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 27 Printing, publishing, and allied industries Y Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 28 Chemicals and allied products; manufacturing N N 29 Petroleum refining and related industries N N 31 Rubber and miscellaneous plastic products; manufacturing N N MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES 22 Suggested Land Use Compatibility1 SLUCM NO. Land Use Name APZ-I APZ-II Density Recommendation 32 Stone, clay, and glass products; manufacturing N Y Maximum FAR 0.56 in APZ-II 33 Primary metal products; manufacturing N Y Maximum FAR 0.56 in APZ-II 34 Fabricated metal products; manufacturing N Y Maximum FAR 0.56 in APZ-II 35 Professional scientific, & controlling instruments; photographic and optical goods; watches & clocks N N 39 Miscellaneous manufacturing Y Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 40 Transportation, communication and utilities3 41 Railroad, rapid rail transit, and street railway transportation Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 42 Motor vehicle transportation Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 43 Aircraft transportation Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 44 Marine craft transportation Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 45 Highway and street right-of-way Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 46 Automobile parking Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 47 Communication Y4 Y Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 48 Utilities5 Y4 Y4 Maximum FAR of 0.28 in APZ-I & 0.56 in APZ-II 48.5 Solid waste disposal (landfills, Incineration, etc.) N N 49 Other transportation, communication, and utilities Y4 Y See Note 4 below 50 Trade 51 Wholesale trade Y Y Maximum FAR of 0.28 in APZ-I. & 0.56 in APZ-II. 52 Retail trade - building materials, hardware, and farm equipment Y Y See Note 6 below 53 Retail trade - including discount clubs, home improvement stores, electronics superstores, etc. N Y Maximum FAR of 0.16 in APZ-II MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES 23 Suggested Land Use Compatibility1 SLUCM NO. Land Use Name APZ-I APZ-II Density Recommendation 53 Shopping centers-Neighborhood, Community, Regional, Super- Regional7 N N 54 Retail trade - food N Y Maximum FAR of 0.24 in APZ-II 55 Retail trade - automotive, marine craft, aircraft, and accessories Y Y Maximum FAR of 0.14 in APZ-I & 0.28 in APZ-II 56 Retail trade - apparel and accessories N Y Maximum FAR 0.28 in APZ-II 57 Retail trade - furniture, home, furnishings and equipment N Y Maximum FAR 0.28 in APZ-II 58 Retail trade - eating and drinking establishments N N 59 Other retail trade N Y Maximum FAR of 0.16 in APZ-II 60 Services8 61 Finance, insurance, and real estate services N Y Maximum FAR of 0.22 in APZ-II 62 Personal services N Y Office uses only. Maximum FAR of 0.22 in APZ-II. 62.4 Cemeteries Y9 Y9 63 Business services (credit reporting; mail, stenographic, reproduction; advertising) N Y Maximum FAR of 0.22 in APZ-II 63.7 Warehousing and storage services10 Y Y Maximum FAR 1.0 APZ-I; 2.0 in APZ-II 64 Repair services Y Y Maximum FAR of 0.11 APZ-I; 0.22 in APZ-II 65 Professional services N Y Maximum FAR of 0.22 in APZ-II 65.1 Hospitals, nursing homes N N 65.1 Other medical facilities N N 66 Contract construction services Y Y Maximum FAR of 0.11 APZ-I; 0.22 in APZ-II 67 Government services N Y Maximum FAR of 0.24 in APZ-II 68 Educational services N N 68.1 Child care services, child development centers, and nurseries N N 69 Miscellaneous services N Y Maximum FAR of 0.22 in APZ-II 69.1 Religious activities (including places of worship) N N MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES 24 Suggested Land Use Compatibility1 SLUCM NO. Land Use Name APZ-I APZ-II Density Recommendation 70 Cultural, entertainment, and recreational 71 Cultural activities N N 71.2 Nature exhibits Y11 Y11 72 Public assembly N N 72.1 Auditoriums, concert halls N N 72.11 Outdoor music shells, amphitheaters N N 72.2 Outdoor sports arenas, spectator sports N N 73 Amusements - fairgrounds, miniature golf, driving ranges, amusement parks, etc. N Y18 74 Recreational activities (including golf courses, riding stables, water recreation) Y11 Y11 Maximum FAR of 0.11 in APZ-I; 0.22 in APZ-II 75 Resorts and group camps N N 76 Parks Y11 Y11 Maximum FAR of 0.11 in APZ-I; 0.22 in APZ-II 79 Other cultural, entertainment and recreation Y9 Y9 Maximum FAR of 0.11 in APZ-I; 0.22 in APZ-II 80 Resource Production and Extraction 81 Agriculture (except livestock) Y12 Y12 81.5 - 81.7 Agriculture-livestock farming and breeding Y12 Y12 82 Agriculture-related activities Y13 Y13 Maximum FAR of 0.28 APZ-I; 0.56 APZ-II, no activity which produces smoke, glare, or involves explosives 83 Forestry activities14 Y Y Maximum FAR of 0.28 APZ-I; 0.56 APZ-II, no activity which produces smoke, glare, or involves explosives 84 Fishing activities15 Y Y Maximum FAR of 0.28 APZ-I; 0.56 APZ-II, no activity which produces smoke, glare, or involves explosives 85 Mining activities16 Y16 Y16 Maximum FAR of 0.28 APZ-I; 0.56 APZ-II, no activity which produces smoke, glare, or involves explosives MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES 25 Suggested Land Use Compatibility1 SLUCM NO. Land Use Name APZ-I APZ-II Density Recommendation 89 Other resource production or extraction Y Y Maximum FAR of 0.28 APZ-I; 0.56 APZ-II, no activity which produces smoke, glare, or involves explosives 90 Other 91 Undeveloped Land Y Y 93 Water Areas17 N17 N17 Key: SLUCM Standard Land Use Coding Manual, U.S. Department of Transportation Y (YES) Land use and related structures are normally compatible without restriction. N (NO) Land use and related structures are not normally compatible and should be prohibited. YX Yes, with restrictions. The land use and related structures generally are compatible. However, see notes indicated by the superscript. NX No, with exceptions. The land use and related structures generally are incompatible. However, see notes indicated by the superscript. Du/Ac Dwelling Units per Acre (of land). This metric is customarily used to measure residential densities. FAR Floor Area Ratio. A floor area ratio is the ratio between the square feet of floor area of the building and the site area. It is customarily used to measure non-residential intensities. Notes: 1 A “Yes” or a “No” designation for compatible land use is to be used only for general comparison. Within each, uses exist where further evaluation may be needed in each category as to whether it is clearly compatible, normally compatible, or not compatible due to the variation of densities of people and structures. In order to assist air installations and local governments, general suggestions as to FARs are provided as a guide to density in some categories. In general, land use restrictions that limit occupants, including employees, of commercial, service, or industrial buildings or structures to 25 an acre in APZ-I and 50 an acre in APZ-II are considered to be low density. Outside events should normally be limited to assemblies of not more than 25 people an acre in APZ-I, and Maximum assemblies of 50 people an acre in APZ-II. Recommended FARs are calculated using standard parking generation rates for various land uses, vehicle occupancy rates, and desired density in APZ-I and II. For APZ-I, the formula is FAR = 25 people an acre/ (Average Vehicle Occupancy x Average Parking Rate x (43560/1000)). The formula for APZ-II is FAR = 50/ (Average Vehicle Occupancy x Average Parking Rate x (43560/1000)). 2 The suggested Maximum density for detached single-family housing is two Du/Ac. In a planned unit development (PUD) of single family detached units, where clustered housing development results in large open areas, this density could possibly be increased slightly provided the amount of surface area covered by structures does not exceed 20 percent of the PUD total area. PUD encourages clustered development that leaves large open areas. MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX A: LAND USE COMPATIBILITY RECOMMENDATIONS FOR ACCIDENT POTENTIAL ZONES 26 3 Other factors to be considered: Labor intensity, structural coverage, explosive characteristics, air- pollution, electronic interference with aircraft, height of structures, and potential glare to pilots. 4 No above ground passenger terminals and no above ground power transmission or distribution lines. Prohibited power lines include high-voltage transmission lines and distribution lines that provide power to cities, towns, or regional power for unincorporated areas. 5 Development of renewable energy resources, including solar and geothermal facilities and wind turbines, may impact military operations through hazards to flight or electromagnetic interference. Each new development should to be analyzed for compatibility issues on a case-by-case basis that considers both the proposal and potentially affected mission. 6 Within SLUCM Code 52, Maximum FARs for lumberyards (SLUCM Code 521) are 0.20 in APZ-I and 0.40 in APZ-11; the maximum FARs for hardware, paint, and farm equipment stores, (SLUCM Code 525), are 0.12 in APZ-I and 0.24 in APZ-II. 7 A shopping center is an integrated group of commercial establishments that is planned, developed, owned, or managed as a unit. Shopping center types include strip, neighborhood, community, regional, and super-regional facilities anchored by small businesses, a supermarket or drug store, discount retailer, department store, or several department stores, respectively. 8 Ancillary uses such as meeting places, auditoriums, etc. are not recommended. 9 No chapels or houses of worship are allowed within APZ-I or APZ-II. 10 Big box home improvement stores are not included as part of this category. 11 Facilities must be low intensity, and provide no playgrounds, etc. Facilities such as club houses, meeting places, auditoriums, large classes, etc., are not recommended. 12 Activities that attract concentrations of birds creating a hazard to aircraft operations should be excluded. 13 Factors to be considered: labor intensity, structural coverage, explosive characteristics, and air pollution. 14 Lumber and timber products removed due to establishment, expansion, or maintenance of Clear Zone lands owned in fee will be disposed of in accordance with applicable DoD guidance. 15 Controlled hunting and fishing may be permitted for the purpose of wildlife management. 16 Surface mining operations that could create retention ponds that may attract waterfowl and present bird/wildlife aircraft strike hazards (BASH), or operations that produce dust or light emissions that could affect pilot vision are not compatible. 17 Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are pre-existing, nonconforming land uses. Naturally occurring water features that attract waterfowl present a potential BASH. Actions to expand naturally occurring water features or construction of new water features should not be encouraged. If construction of new features is necessary for storm water retention, such features should be designed so that they do not attract waterfowl. 18 Amusement centers, family entertainment centers or amusement parks designed or operated at a scale that could attract or result in concentrations of people, including employees and visitors, greater than 50 people per acre at any given time are incompatible in APZ-II. MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX B: LAND USE COMPATIBILITY RECOMMENDATIONS FOR AIRCRAFT NOISE ZONES 27 Appendix B: Land Use Compatibility Recommendations for Aircraft Noise Zones Suggested Land Use Compatibility SLUCM NO. Land Use Name 60-65 dB DNL 65-75 dB DNL 10 Residential 11 Household units N1 N1 11.11 Single units: detached N1 N1 11.12 Single units: semidetached N1 N1 11.13 Single units: attached row N1 N1 11.21 Two units: side-by-side N1 N1 11.22 Two units: one above the other N1 N1 11.31 Apartments: walk-up N1 N1 11.32 Apartments: elevator N1 N1 12 Group quarters N1 N1 13 Residential Hotels N1 N1 14 Mobile home parks or courts N N 15 Transient lodgings N1 N1 16 Other residential N1 N1 60 Services 65.1 Hospitals, other medical facilities 25 30 65.1 Nursing homes N1 N1 68.1 Child care services, child development centers, and nurseries 25 30 Key: SLUCM Standard Land Use Coding Manual, U.S. Department of Transportation Y (YES) Land use and related structures are normally compatible without restriction. N (NO) Land use and related structures are not normally compatible and should be prohibited. NX No, with exceptions. The land use and related structures generally are incompatible. However, see note indicated by the superscript. 25 or 30 The numbers refer to NLR levels. Land use and related structures are generally compatible; however, measures to achieve NLR of 25 or 30 must be incorporated into design and construction of structures, However, measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted. NLR Noise Level Reduction. NLR (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of a structure. dB Decibels MOORE COUNTY MILITARY ZONING OVERLAY APPENDIX B: LAND USE COMPATIBILITY RECOMMENDATIONS FOR AIRCRAFT NOISE ZONES 28 DNL Day-Night Average Sound Level Notes: 1 General a. Although local conditions regarding the need for housing may require residential use in these zones, residential use is discouraged in DNL 60-65 and strongly discouraged in DNL 65-75. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these zones. Existing residential development is considered as pre-existing, nonconforming land uses. b. Where the community determines that these uses must be allowed, measures to achieve outdoor to indoor NLR of at least 25 decibels (dB) in DNL 60-65 and 30 dB in DNL 65-75 should be incorporated into building codes and be considered in individual approvals; for transient housing, an NLR of at least 35 dB should be incorporated in DNL 75+. c. Normal permanent construction can be expected to provide an NLR of 20 dB, thus the reduction requirements are often stated as 5, 10, or 15 dB over standard construction and normally assume mechanical ventilation, upgraded sound transmission class ratings in windows and doors, and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations. d. NLR criteria will not eliminate outdoor noise problems. However, building location, site planning, design, and use of berms and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces.