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061923 Council Mtg Discussion Items with Attachments DISCUSSION ITEMS FOR JUNE 19, 2023 CITY COUNCIL MEETING The documentation provided herewith consists of advance draft materials for review by Mayor and City Council. Such documents may be revised prior to the actual Council meeting before any formal consideration of same by Mayor and City Council. Said documents may also be revised by way of a proper amendment made at the Council meeting. These documents are informational only and not intended to represent the final decision of the Council. Page 1 of 2 Administration Department Interoffice Memorandum TO: Mayor and City Council FROM: Jim Clifford, City Administrator DATE: June 16, 2023 SUBJECT: Regular City Council Meeting of June 19, 2023 REGULAR COUNCIL MEETING OLD BUSINESS ITEM 5. PLANNING AND DEVELOPMENT: Ordinance No. 2023-11 Amending Article 13, Signs, of the North Augusta Development Code, Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances– Second Reading An ordinance has been prepared for Council’s consideration to approve the Amending Article 13, Signs, of the North Augusta Development Code, Chapter 18 of the City of North Augusta, South Carolina Code of Ordinances. Please see ATTACHMENT #5 for a copy of the proposed ordinance. ITEM 6. PLANNING AND DEVELOPMENT: Ordinance No. 2023-12 to Approve the General Development Plan for the 177.5+ Acre the Hive Planned Development on the East Side of West Martintown Road between Knobcone Avenue and Interstate 20– Second Reading An ordinance has been prepared for Council’s consideration to approve the General Development Plan for the 177.5+ Acre the Hive Planned Development on the East Side of West Martintown Road between Knobcone Avenue and Interstate 20. Please see ATTACHMENT #6 for a copy of the proposed ordinance. ITEM 7. PUBLIC SAFETY: Ordinance No. 2023-13 Ordinance Establishing a Procedure for the Provision of Wrecker Service by Commercial Wrecker and Towing Businesses within the City Limits– Second Reading An ordinance has been prepared for Council’s consideration to approve Establishing a Procedure for the Provision of Wrecker Service by Commercial Wrecker and Towing Businesses within the City Limits. Please see ATTACHMENT #7 for a copy of the proposed ordinance. Page 2 of 2 NEW BUSINESS ITEM 8. ENGINEERING & PUBLIC WORKS: Resolution No. 2023-21 – Authorizing the City to Accept a Deed From the Aiken County Forfeited Land Commission for Property Located at 1711 Plank Road North Augusta. Said Property Known as Tax Map Parcel No. 006-15-06-017. A resolution has been prepared for Council’s consideration to approve the Acceptance of a Quitclaim Deed from Aiken County Forfeited Land Commission. Please see ATTACHMENT #8 for a copy of the proposed resolution. ORDINANCE NO. 2023-11 AMENDING ARTICLE 13, SIGNS, OF THE NORTH AUGUSTA DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA CODE OF ORDINANCES WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code which is consistent with the City’s Comprehensive Plan and which incorporates all City zoning and land development regulations; and WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5, Approval Procedures, of the North Augusta Development Code, any person, property owner, board, commission, department or the City Council may apply for a change in zoning ordinance text; and WHEREAS, the North Augusta Planning Commission, following an April 19, 2023, public hearing, reviewed and considered a request by the Planning Department to amend Article 13, Section 13.9 entitled “Prohibited Signs” of the North Augusta Development Code to prohibit signs that are not on the parcel the sign advertises. The Planning Commission report has been provided to City Council for consideration. WHEREAS, The Mayor and City Council have reviewed the request as well as the report from the Planning Commission and has determined that the change to the text of the Development Code is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT: I.The North Augusta Development Code, Chapter 13 of The City of North Augusta, South Carolina Code of Ordinances, Providing for New Zoning and Land Development Regulations for the City of North Augusta, South Carolina, is hereby amended and shall read as described in the following section. The section of the Code affected by the proposed amendment is identified by the section number. A.Article 13.9 Prohibited Signs be amended to add: 13.Off-site signs B.Appendix A of the North Augusta Development Code shall be amended to include the following definition: Off Site Sign: A sign which identifies or directs attention to a business, profession, commodity, service, event or other activity not being conducted, sold, or offered on the property on which the sign is located. ATTACHMENT #5 Page 1 of 2 C. Any other needed formatting will be edited to reflect new page numbers, titles or item numbering associated with the text changes outlined herein. II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. III. This Ordinance shall become effective immediately upon its adoption on second reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF JUNE, 2023. First Reading Briton Williams, Mayor Second Reading ATTEST: Jamie Paul, City Clerk ATTACHMENT #5 Page 2 of 2 ORDINANCE NO. 2023-12 TO APPROVE THE GENERAL DEVELOPMENT PLAN FOR THE 177.5+ ACRE THE HIVE PLANNED DEVELOPMENT ON THE EAST SIDE OF WEST MARTINTOWN ROAD BETWEEN KNOBCONE AVENUE AND INTERSTATE 20 WHEREAS, within the guidelines of the North Augusta Development Code, a General Development Plan for property within a designated Planned Development zone (PD) requires Planning Commission review and subsequent recommendation to City Council for review and approval; and, WHEREAS, the North Augusta Planning Commission, at its March 16, 2006, regular meeting, reviewed the subject application and voted to recommend that City Council approve the General Development Plan for the 177.5± acre Planned Development previously known as “Hamrick Farms”; and, WHEREAS, Ordinance 2006-03 was approved by the City Council on April 17, 2006, application was approved as “Hamrick Farms” a mixed-use development on nine tracts in up to nine phases; and, WHEREAS, the North Augusta Planning Commission, approved a resolution for application PDM21-003 to amend the general development plan on December 16, 2021; and, WHEREAS, an application has been received from Stanley Martin Home, LLC requesting approval for a General Development Plan for a tract of land zoned Planned Development (PD) containing 177.5± acres located on the east side of Martintown Road between Knobcone Avenue and Interstate 20; and, WHEREAS, the developer, Stanley Martin Homes, LLC of Columbia, South Carolina, proposes a mixed use development on seven tracts in up to nine phases; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT: I.The General Development Plan for the 174.5 acre The Hive Planned Development is hereby approved as outlined below and as shown on the attached plat and identified as "Exhibits Al and A2" as prepared by Cranston LLC dated March 9, 2023. The General Development Plan Narrative for The Hive as prepared by Cranston LLC, dated March 10, 2023 attached hereto as "Exhibit B", represents the intent of Stanley Martin Homes, LLC and addresses the requirements of the Ordinance for a Planned Development. ATTACHMENT #6 Page 1 of 13 1.Scope of Development: The scope of development described in the General Development Plan for The Hive Planned Development and described herein shall be the maximum level of development allowed. The land uses permitted in The Hive Planned Development shall be limited to those described in this ordinance. Minor Modifications: Minor modifications to the development plan and program for valid land use planning and reasonable development reasons, i.e. mix of uses, number and location of buildings, development schedule, setbacks, parking, and landscaping, etc., may be approved by the Planning Commission at the time of subdivision approval for any portion of a phase or site plan approval for an individual parcel. 2.Flex Density and Intensity: Up to five (5%) percent of the total residential density or commercial square footage allocated to a parcel may be deducted from the total permitted for that parcel and redistributed to one or more other parcels designated for the same use provided the total density or intensity of a recipient parcel is not increased by more than ten (10%) percent. B.Development Program: Parcel Permitted Uses Area in Maximum Density (units per gross acre}or Intensity (gross Acres building area in sg. ft. 1:2per acre} A Quadplex / Townhome Residential 16.2 5.7 dua B Single-Family Detached 16.1 2.5 dua C Single-Family Detached 43.9 3.0 dua D Single-Family Detached 14.0 2.6 dua E Multi-Family Residential 24.0 16.0 dua F Retail, Restaurant, Office, Financial Commercial 27.1 10,000 sf/acre G Greenspace 33.2 NA ATTACHMENT #6 Page 2 of 13 C.Parking Requirements: The minimum parking ratio for commercial uses shall be 3.0 spaces per 1,000 gross square feet of building for all uses except restaurants which require 6.0 spaces per 1,000 gross square feet. The maximum parking ratio permitted for all uses except restaurants shall be 4.0 spaces per 1,000 gross square feet. Any commercial parking provided in excess of the maximum ratios shall be on a pervious surface approved by the Planning Commission at the site plan stage. Loose gravel and compacted crusher run will not be approved. Appropriate sod over a stabilized surface may be approved. Shared parking calculations within and between commercial parcels will be considered and are encouraged. The minimum parking requirement for residential uses shall be as provided in the North Augusta Development Code. D.Development Standards: Development standards applicable to individual commercial parcel site plans shall be as specified in the C-3, General Commercial, District, except as provided for in this section and in other sections of this ordinance: 1.All setback lines shall be measured from the property line, buffer line or parcel line, whichever provides for the greater setback. 2.The side setbacks on the parcels in Tract F, may be zero on lot lines interior to the project where the structures on two or more parcels are constructed immediately adjacent to each other (with a common wall). 3.The impervious surface area for any one parcel shall not exceed 80%. The overall impervious surface area for the overall project is limited to 60%. 4.The maximum height shall be 75 feet. Development standards applicable to residential areas shall be as provided in the ZDSO for R-2, Medium Lot Single-Family Residential, R-3, Small Lot Single-Family Residential, and R-4, Multi-Family Residential Districts as described in the ZDSO and applied to parcels at the time of concept plan approval. E.Plan Approval Process: Subsequent to the adoption of this ordinance the following plan approval steps shall be required in the order listed prior to the issuance of development permits. 1.Master Utility Plan - Master plans for water distribution; sewage collection; and stormwater quality, detention and drainage shall be developed and approved prior to or coincidental with the initial phase concept plan. The level of detail provided in the master utility plans shall be determined by the Project Engineer and City Engineer. ATTACHMENT #6 Page 3 of 13 2. Master Circulation Plan - A master circulation plan that incorporates the conclusions of the SRS Traffic Engineering study shall be developed and approved prior to or coincidental with the initial phase concept plan. The Master Circulation Plan shall include and address the possible timing of potential connections across the McKnight/Hull commercial property to Martintown Road. The Master Circulation Plan shall include a master pedestrian circulation plan that shows the general alignment of Greeneway extensions and connections through the property and to the property lines and shall show the locations of sidewalks. 3. Wetlands Delineation and Mitigation - A wetlands delineation, permit and any mitigation plans approved by SCDHEC and the US Army Corps of Engineers shall be submitted prior to or coincidental with a Concept Plan for any phase that contains jurisdictional wetlands. 4. Phase Concept Plan - A concept plan for each tract identified in the General Development Plan shall be prepared for Planning Commission review and approval prior to or coincidental with the first preliminary plat application for each phase. The phase concept plan shall include an overall circulation system design, utility systems designs, anticipated mix and intensity or density of uses, proposed or draft master covenants and restrictions for the tract, and buffer delineation. The tract concept plan must indicate how the development of the phase will interrelate with the other phases in the development. 5. Preliminary Plat - Preliminary plats for sections or sub-phases of each phase will be processed and reviewed in accordance with the applicable provisions of the Zoning and Development Standards Ordinance, this ordinance and the General Development Plan Narrative for Hamrick Farms. 6. Final Plat - Final plats for sections or phases of each tract will be processed and reviewed in accordance with the applicable provisions of the Zoning and Development Standards Ordinance and the approved preliminary plat. 7. Site Plan - Site plans for individual parcels approved in a final plat for any portion of a tract will be processed and reviewed in accordance with the applicable provisions of the Zoning and Development Standards Ordinance, the general development plan ordinance and the General Development Plan Narrative for Hamrick Farms. ATTACHMENT #6 Page 4 of 13 F. Utilities: Water and sewer tap fees for each parcel shall be determined in accordance with the City Code provisions related to utility extensions. G. Land Dedication: Land dedicated to the City in conjunction with the development will include road rights-of-way, utility easements and drainage ways in accordance with the applicable provisions of the Zoning and Development Standards Ordinance. The City will consider accepting the designated open space that the applicant is willing to dedicate in addition to the required dedications. H. Vehicular Access and Circulation: Stanley Martin shall implement the mitigation recommendations contained in the SRS Engineering traffic study in conjunction with each development phase when the trips generated by the phase (or the sum of trips generated by all approved phases) create the impacts requiring mitigation. 1. The development on any parcel may proceed until the total trip generation reaches the threshold identified by SRS Engineering that warrants the required off site improvement. Upon initiation of construction of an off-site improvement additional development on any tract may resume to the extent the initiated off-site improvements mitigate the traffic impacts of the additional development. 2. Access across the McKie parcel to Knobcone Avenue has not been secured at this time. If the applicant obtains the access right of way in the future, it shall be considered approved as part of General Development Plan (Alternative A). The balance of the McKie property is not a part of this General Development Plan at this time. However, it may be added to the General Development Plan and incorporated into Phase F if acquired by the developer. The Planning Commission may approve the inclusion of the McKie property into the General Development Plan and the uses allowed on the land added. 3. The number and location of exterior access points, full turning intersections, right-in/right-out access points or other limited movement access points, and internal access points to individual parcels from the internal road network to be dedicated to the city shall be reviewed by the city's traffic engineer, SRS Engineering. Exterior access points shall be developed generally as shown on either Alternate A or B. Preliminary interior locations of the road network are shown on the general development plan. Necessary modifications to the location of access points to individual tracts shall be made at the time of concept plan consideration for each tract. Shared access points shall be provided wherever possible and practicable. ATTACHMENT #6 Page 5 of 13 4.Off-site traffic improvements including the modifications to the alternative primary access intersections on Knobcone Avenue, potential access intersections on Martintown Road, modifications to the medians in Martintown Road, installation of deceleration lanes and others shall be the responsibility of the developer. Implementation of required off site traffic improvements shall precede or coincide with the construction of the phase or parcel generating the need for the off-site improvement 5.Signal and intersection improvements at Knobcone Avenue and Martintown Road and on Martintown Road at either the eastbound off ramp of Exit 1 or the existing access drive to the Hull Storey parcel will be the responsibility of the developer to meet the traffic requirements identified by SRS Engineering and required by SCDOT. (The signal on Martintown Road at the access drive to the Hull Storey parcel will be shared with the developer of the Hull Storey property.) Signals at both locations including poles and mastarms shall be in the style consistent with city policy. 6.Vehicular cross-access shall be provided between all commercial parcels, where possible and permitted by differences in grade. I.Pedestrian Circulation: Pedestrian connections between the various residential and commercial sections of the development shall be provided. 1.Any and all new sidewalks necessary along the Martintown Road and Knobcone Avenue rights-of-way must be six (6) feet in width and shall be installed no closer than six (6) feet from the back of the relocated curb. 2.Five (5) foot sidewalks shall be provided in the commercial areas on both sides of the street. Five (5) foot sidewalks shall be provided on at least one side of the street in residential areas. 3.Pedestrian walkways consisting of five (5) foot sidewalks shall be provided between all adjacent commercial parcels. Where grade differences require, stairs or steps shall be installed. 4.Pedestrian crossings of all roads, driveways, and internal circulation ways, both public and private, shall be treated with a differentiating pavement treatment. ATTACHMENT #6 Page 6 of 13 J.Buffers and Landscaping: Landscaped buffers, site landscaping and parking lot landscaping shall be provided in the development as described herein. Landscaping and buffer requirements and standards applicable to each Phase and parcel in the development and not otherwise prescribed in this ordinance shall be as provided for in the Zoning and Development Standards Ordinance. All buffers shall be landscaped with existing natural vegetation or new plant material or both to create a visually impenetrable screen. Title to the required buffers shall be retained by a property owners association or deed-restricted to prevent a change of use. Minimum buffer requirements between tracts and uses are: 1.One (1) street tree shall be provided per forty (40) feet of street frontage on both sides of the street within the right-of-way. The species will be determined at the Preliminary Plat stage. 2.The twenty-five (25) foot landscaped buffer required in the Highway Corridor Overlay District, the Martintown Road frontage, shall be measured from the property line in the final build-out scenario. Where deceleration lanes or other road improvements are required that may modify the existing property line, the buffer shall be measured from the new property line. Additional vegetation in accordance with an approved landscape plan pursuant to the Highway Corridor Overlay District requirements shall be installed. The required sidewalk may meander through the length of the buffer strip between newly installed trees and landscaping. The buffer shall be planted with an appropriate species of street tree with a minimum caliper of two (2) inches on no more than forty (40) foot centers. 3.A minimum twenty (20) foot wide Type C buffer is required between Tract A and existing lots that abut Knobcone Avenue or Wellington Road. Large trees, small trees, and buffer points should be planted as required by Table 10-6 Buffer Width and Landscaping Requirements of the North Augusta Development Code. 4.Individual buffer specific landscape plans shall be developed and submitted with the applicable parcel site plan that show the locations of any retaining walls and new slopes within the buffer and details how the buffer and retaining wall will be treated. Such landscape plans shall include any necessary or proposed fencing as well as landscape material. 5.Fencing provided within the buffers located on or near the property lines between the commercial and residential uses may be permitted. The Planning Commission shall approve the height and style of the fence at the site plan stage. The fence shall be no less than five (5) feet in height. If a vinyl coated black chain link fence is proposed, a climbing vine or ATTACHMENT #6 Page 7 of 13 jasmine will be required to be planted at the base of the fence to provide a vegetated screen. Alternatively, a solid fence made of wood, vinyl, metal, or masonry may be constructed. 6. Commercial parking lot landscaping shall be designed to maximize the pervious surface area within the parking area and provide no less than one tree for every ten spaces. 7. Each commercial structure developed shall be provided with foundation/perimeter landscaping between the structure and access drives and sidewalks (excluding loading areas). Landscaping material installed along walls with no fenestration shall be selected and maintained to screen large expanses of blank wall K. Applicable Standards for Review: The information contained in the General Development Plan shall supplement the provisions of this ordinance and shall be used in the review of subdivision and site plans for projects within Hamrick Farms. In the event of a conflict between the provisions of this ordinance and the content of the General Development Plan, the provisions of this ordinance shall prevail. General design criteria and development standards (parking, landscaping, etc.) applicable to each phase of the development and not otherwise prescribed in the General Development Plan or this ordinance shall be as provided for in the Zoning and Development Standards Ordinance as it may be amended. L. Additional Provisions: Addition conditions applicable to the development are: 1. Design guidelines for the homes to be constructed in Tract A will be included in the covenants and included with the preliminary plat submission. 2. Vinyl siding will not be used as an exterior wall material for homes constructed in Tract A. 3. Proposed or anticipated covenants and deed restrictions on the parcels to be sold, property management arrangements for leased areas and the management of common areas shall be described in accordance with the approved conditions on the General Development Plan and provided in conjunction with the concept plan and plat submission for each phase. 4. Commercial area and parking lot lighting shall be kept to as low a height as possible and screened or "cut-off' from adjacent residential areas or public streets to avoid illumination of and glare onto residential property or public streets. Exterior lighting details shall be included with each ATTACHMENT #6 Page 8 of 13 site plan application, including a description of the lighting levels during business versus non- business hours. 5. Outdoor display and sale of merchandise is prohibited on any commercial parcel within the development. However, outdoor merchandise display and sales areas associated with retail or any other use may be approved by the Planning Commission as part of a site plan. 6. Overnight or extended parking of tractors, trailers, or railroad/truck shipping containers shall be confined to designated areas behind buildings. No tractor, trailer, container, or recreational vehicle parking shall be permitted on or in any parking area, circulation corridor or outdoor sales and display area. 7. Excessive noise associated with any use in the development including loading, unloading, trash compaction, building maintenance, parking lot or landscaping maintenance or any other activity shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m. 8. The architectural design of commercial structures shall be improved to provide finish masonry walls and traditional masonry detailing on all elevations unless waived by the Planning at the site plan stage. Waivers may be approved for loading, maintenance, screened storage and other areas shielded from public view. 9. Stormwater detention areas shall be fenced for safety and landscaped to shield the fencing, rip rap, and drainage structures. Black vinyl clad chain link fence shall be installed below the upper edge of each detention area in a manner as to be obscured by the landscaping on top of the detention area. 10. Signage size shall be permitted as provided for in the ZDSO. The sign panels shall be darker in color than the lettering and graphics. 11. The developer shall provide a maintenance guarantee supported by a letter of credit for the site landscaping on a commercial parcel after the landscaping is compete but prior to the issuance of a certificate of occupancy. Such maintenance guarantee and letter of credit shall be valid for a period of not less than one year from the date of the final certificate of occupancy and shall equal 20% of the cost of the installed landscaping as determined by the city. ATTACHMENT #6 Page 9 of 13 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. This Ordinance shall become effective immediately upon its adoption on second reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS ______ DAY OF JUNE, 2023. First Reading Briton S. Williams, Mayor Second Reading ATTEST: Jamie Paul, City Clerk ATTACHMENT #6 Page 10 of 13 AT T A C H M E N T #6 Pa g e 11 of 13 AT T A C H M E N T #6 Pa g e 12 of 13 AT T A C H M E N T #6 Pa g e 13 of 13 ORDINANCE NO. 2023-13 ORDINANCE ESTABLISHING A PROCEDURE FOR THE PROVISION OF WRECKER SERVICE BY COMMERCIAL WRECKER AND TOWING BUSINESSES WITHIN THE CITY LIMITS WHEREAS, the City in the past has utilized a procedure established by the Public Safety Department related to the towing of vehicles when required by the Department of Public Safety; and, WHEREAS, the procedure previously followed was initially developed when a relatively small number of wrecker and towing services were available for service within the City; and, WHEREAS, over the years, as the need for such wrecker and towing services has increased, more commercial towing services have indicated an interest in being placed on the rotation list used by Public Safety; and, WHEREAS, Mayor and Council have determined that it is necessary that a new policy be established for future use, to insure that all businesses that qualify to provide the services and desire to do so are given an equal opportunity to provide such services. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta that: I.The following attached policies and procedures as proposed by the Department of Public Safety and approved by Council be codified in the Code of Ordinances for the City of North Augusta and be followed hereafter related to the provision of Wrecker and Towing service when required by the Department of Public Safety. II.The policies and procedures as established hereunder shall be published and made available to all persons inquiring about being included on the wrecker rotation list. III.This procedure shall become effective as of the ______ day of _______, 2023. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _____ DAY OF JUNE, 2023. First Reading Briton Williams, Mayor Second Reading ATTEST: Jamie Paul, City Clerk ATTACHMENT #7 Page 1 of 11 NORTH AUGUSTA DEPARTMENT OF PUBLIC SAFETY POLICIES AND PROCEDURES Subject Date Department Policy No. Wrecker Rotation Procedures 06/07/23 Becomes official when adopted by council 1710 Applicable Standard(s) Accreditation Section No. No. Pages in Section N/A 6 I. Purpose To provide Officers and Wrecker Service personnel with guidelines on Tow Service general regulations. II. Policy It is the policy of this agency to ensure that wreckers are utilized to their maximum effectiveness, while maintaining a fair and impartial method of administering their use. Moreover, it is the policy of the agency to safeguard vehicles and their contents while in the custody of the agency, and to protect the agency against claims of lost, stolen, or damaged property. III. Definitions List Wrecker – a towing service on the agency's list of authorized wreckers. Owner's Request – when a citizen, due to an accident or breakdown, requests a specific wrecker company for assistance. Impound – the towing and securing of a vehicle until such time as the owner, or his/her designee, can take possession of the vehicle. These vehicles are generally towed by the list wrecker to a storage location managed by the wrecker company. Placing a Hold – the securing of a vehicle, until such time as it can be processed, as in the case of a recovered stolen vehicle, a seized vehicle, or a vehicle, which contains evidence. These vehicles are not available for pick-up by the owner, they are held in possession of the agency. These vehicles may be stored at an agency facility or a wrecker company storage location, depending on the circumstances of the hold. ATTACHMENT #7 Page 2 of 11 IV. Procedures A. Tow Service General Regulations The following regulations shall apply to all wrecker services utilized by the North Augusta Department of Public Safety. 1. No North Augusta Department of Public Safety employee will hold any financial interest or any form of ownership in any wrecker service. B. Qualification criteria 1. All wreckers shall have appropriate safety equipment, fire extinguishers, warning devices, flashlights, and all other equipment necessary to protect the motoring public and be equipped with amber flashing lights visible in all directions for a distance of 500 feet in normal sunlight. Such equipment shall be maintained in good working order. All authorized amber flashing lights shall be activated and wrecker operators shall wear reflective traffic safety vest while performing recovery operations or when circumstances are such that the vehicles being transported create a potentially hazardous condition for other motorists. 2. Each wrecker service on the rotation list must place a sign on the driver and front passenger door of each of its wreckers indicating the company name, address, and telephone number of the zone to which it is assigned. This sign shall be painted on the doors of the wrecker or otherwise permanently affixed to the doors. The letters of the sign must be no less than two inches high. If the wrecker is registered in a name other than that of the wrecker service, the owner's name must also appear on the doors in letters no less than one inch high. All lettering on wreckers shall be plainly visible and shall be in a color that contrasts to that of the wrecker. 3. Each wrecker service on the rotation list must place a sign on the exterior of its business location clearly visible indicating the company name, telephone number, and business hours. 4. Each wrecker service on the rotation list shall carry liability insurance on its wreckers and its premises in an amount not less than $300,000.00 for a Class A wrecker, $500,000.00 for a Class B wrecker, and $750,000.00 for a Class C wrecker. 5. Each wrecker service on the rotation list shall carry insurance that covers vehicles, cargo, and other property in or on the vehicle during transit in an amount of not less than $75,000.00 for a Class A wrecker, $150,000.00 for a Class B wrecker, and $250,000.00 for a Class C wrecker. ATTACHMENT #7 Page 3 of 11 6. Each wrecker service on the rotation list shall carry garage keeper's liability insurance covering customer's vehicles in an amount not less than $100,000.00 for a Class A wrecker, $200,000.00 for a Class B wrecker, and $200,000.00 for a Class C wrecker. 7. Each wrecker owned by any wrecker service on a rotation list shall be equipped with a towing log. The towing log shall be maintained by the wrecker service and shall accurately reflect all towing done by the wrecker service at the request of the Department of Public Safety. The North Augusta Department of Public Safety Communications Center shall design the wrecker log format. Each wrecker service owner shall be responsible for producing this towing log upon request by a law enforcement officer. 8. Wrecker operators must display professional behavior when conducting business at the request of Public Safety. 9. Wrecker services and operators shall be familiar with and shall comply with the laws regarding solicitation (S.C. Code 1976, 56-5-3180). 10. A new rotation list will be created at the beginning of each calendar year. A wrecker service desiring to be placed on the rotation list for the upcoming year must apply in writing by October 1 of the year prior to their request to be placed on the list. Qualifications and procedures for establishing the list will be as follows: a. Possess a valid City of North Augusta business license. b. Be on the South Carolina Department of Public Safety Service Rotation List or if such business is not on such list it would need to request that the North Augusta Department of Public Safety review its qualifications and be found to meet all requirements as set forth in this policy or if such business is not on such list it would need to request that the City of North Augusta review its qualifications. c. The Department will prepare a new rotation list for each calendar year with such list being completed and published not later than December 20 of the calendar year before the new rotation list becomes effective on January 1 of the following year. Written notification will be made to each towing service who is placed on the list. d. The list will provide for wrecker service to be provided by the companies on the rotation list on a week-to-week basis beginning on Monday at 0800 hours and ending the following Monday at 0800 hours. 11. If a wrecker service that is on the City rotation list as a result of being approved by the South Carolina Department of Public Safety is removed from the qualified tow list for the South Carolina Department of Public Safety, such company shall be removed from the City’s list unless said company is able to provide proof to the City that it meets all requirements of the City policy. ATTACHMENT #7 Page 4 of 11 12. In the event that a company on the list as a result of inspection and approval by the Department of Public Safety is determined to be no longer in compliance, the Department of Public Safety would notify such wrecker service of any deficiencies and unless the same are corrected within 15 days, said company would be removed from the City list. C. Wrecker service rotation list; responsibilities. 1. A wrecker service requesting to be on the rotation list for the City of North Augusta must physically have a business location within a five (5) mile radius of the city limits of North Augusta, within the State of South Carolina. The wrecker to be used, must be housed at that location during normal business hours. (“Normal business hours” or “business hours” as used in this policy means at a minimum from 08:30 to 17:00 hours, Monday through Friday and additional hours designated and posted by the company.) The vehicle towed must be towed to the same business location where the wrecker is housed during normal business hours, unless the vehicle owner or operator requests that the vehicle be towed to another location. Normal business hours must be clearly posted. Storage lots are not considered as a separate business. There will only be one telephone number for one wrecker service at any one address on rotation. A wrecker service must immediately notify the North Augusta Department of Public Safety upon change of address or telephone number. 2. When the services of a wrecker are needed and when the owner or driver of the vehicle to be towed has no preference as to which wrecker service he desires, a wrecker will be called from the wrecker rotation list. The investigating officer will use his discretionary authority to deny request for specific wrecker service whenever the request will delay the timely restoration of safe traffic movement. 3. The wrecker service must have a wrecker of sufficient size and strength to handle the job. The North Augusta Department of Public Safety will have the right not to call a wrecker service that, in its opinion, fails to meet this qualification for a specific job. Under these conditions, the wrecker service not called will remain on the top of the rotation. 4. Wreckers shall respond only upon the request of the North Augusta Department of Public Safety. 5. Wrecker services will be called from the rotation lists in the order in which they appear on the lists. If a particular wrecker service is unavailable when called, it will be passed over and the next wrecker service on the list will be called to the scene. 6. Wrecker services shall be available to the North Augusta Department of Public Safety to respond to rotation calls as well as requests by the department for the immediate release of personal property on a 24-hour, seven-day-a-week basis. Each Wrecker service will be allotted two weeks of vacation time per calendar year. Written notification for vacation time request must be given to the City of North Augusta at least ATTACHMENT #7 Page 5 of 11 two weeks prior to the affected dates. Written approval by the City of North Augusta is necessary to ensure adequate coverage for the List. The wrecker service location shall have an agent present during business hours and at the request of the owner of the towed vehicle or his designee, the wrecker service must immediately release personal items such as medicines, medical equipment, keys, clothing, and tools of the trade, child restraint systems and perishable items. Should there be a dispute between the vehicle owner or the vehicle owner's designee and the wrecker service regarding any storage fees or charges, the vehicle owner or the vehicle owner's designee must provide the wrecker service written notification of the dispute. If the dispute is settled in favor of the wrecker service then the owner of the towed vehicle is liable for all charges which accrued pending the resolution. The wrecker service must cease any storage charges that would otherwise accrue from the time the wrecker service receives written notification of the dispute until the dispute is settled. Upon release of the vehicle, the wrecker service shall provide an itemized statement of all charges. If the vehicle owner is not available to sign a release, the wrecker service must release the vehicle to the owner's insurer or to the owner's designee. 7. When a wrecker service or wrecker driver is unable to answer a call, the officer shall be promptly notified of the reason for the unavailability. A wrecker service or driver cannot refuse a call without prior notification of unavailability or without just cause. 8. Unless the owner or driver of a vehicle is incapacitated or unavailable, the investigating officer at the scene will make a determination of the owner or driver's preference of a wrecker service. The investigation officer will use the discretionary authority to deny requests for a specific wrecker service whenever the request will impair the timely restoration of safe traffic movement. In the event the owner or driver of the vehicle does not have a preference or preference cannot be determined, the investigating officer will utilize a wrecker from the rotation list. The wrecker service responding to such call shall provide the vehicle operator with a card containing the wrecker service name, address, telephone number, and business hours. 9. A wrecker service shall respond, under normal conditions, in a timely manner not to exceed 30 minutes. Failure to respond in a timely manner may result in a second rotation wrecker being requested. If the second wrecker is requested before the arrival of the first rotation wrecker, the initially requested wrecker will forfeit the call and will immediately leave the collision/incident scene. 10. A wrecker service may respond with a wrecker of a higher class than requested. However, wrecker service is limited to the rates of the requested classification. 11. It shall be the responsibility of the wrecker service to perform a general clean-up of the accident area before leaving the scene of the accident. This responsibility requires the wrecker service to remove all debris such as broken glass, liquids, and materials from an accident area by sweeping up such debris and removing this material from the scene in a garbage can-type container on each wrecker. All wreckers shall be equipped with ATTACHMENT #7 Page 6 of 11 brooms, shovels, commercial absorbent and all other equipment necessary to fulfill this responsibility. 12. Each wrecker service shall be responsible for securing personal property in a vehicle at an accident scene. The wrecker service shall be responsible for preserving personal property in a vehicle towed from an accident scene. 13. The wrecker service shall maintain the towed vehicle in a safe storage area in a manner that would prohibit further damage and ensure protection of personal property. This may be a locked building or a secured fenced-in area where the stored vehicles and other property will not be accessible to the public. Wrecker services may charge a daily storage fee, commencing 12 hours after the vehicle is towed to the storage area and terminating when the vehicle owner or vehicle owner's designee offers or attempts to pick up the vehicle and offers to pay the wrecker service's legitimate accrued charged. The 12 hour storage fee does not apply to recovered, stolen vehicles. “See attached SC Code of Law Section 56-5-5630 subsection C paragraph 1 & 2.” a. Outside storage facilities must be sufficiently lighted, fenced, and locked for protection of vehicles and property. b. Fencing around storage facilities must be of adequate size to discourage theft of vehicles and property stored within, and may not be less than six feet in height c. Inside storage, covers, tarpaulins, or other devices must be available for protection of vehicles or personal property. 14. A wrecker service may secure assistance from another wrecker service when necessary to complete the recovery; however, this does not supersede subsection (c) of this section nor does it permit wrecker services to accept a rotation call and dispatch the call to secondary wrecker services. Only one bill is to be submitted to the owner or operator for the work performed. 15. Motorists utilizing the North Augusta Department of Public Safety's wrecker rotation list will have the option of paying by major credit card. The wrecker service may request, prior to dispatching, if the motorist intends to pay by major credit card. If the wrecker service does not accept major credit cards, the next wrecker service that does accept credit cards will be utilized. Any wrecker service called that does not accept credit cards will remain on the top of the rotation list. 16. When the wrecker company has towed a burnt or chopped vehicle where the vehicle identification number has been removed and the vehicle has been towed to their storage lot, the wrecker service requested by law enforcement will provide assistance by either the use of their hard mounted floor lift or the use of the wrecker boom in lifting the vehicle in a location where the Investigator can both safely and sufficiently be able to get underneath the vehicle in order to try and locate the secondary vehicle identification number. This will both benefit the North Augusta Department of Public Safety in identifying the vehicle and the wrecker service by helping them know what insurance company to contact on the vehicle. ATTACHMENT #7 Page 7 of 11 D. Complaints and disciplinary procedures. 1. Complaints from or about wrecker services regarding an incident involving the North Augusta Department of Public Safety or its operation of the wrecker list must be received in writing within 30 days of the alleged incident. Complaints should be directed to the Patrol Captain for review. E. Wrecker classifications. 1. Class A (light duty) wrecker. Class A wreckers, for towing vehicles weighing 7,000 pounds or less, (passenger cars, pickup trucks, motorcycles, small trailers, and similar vehicles) shall meet the following minimum requirements: A. Conventional wrecker 1. Minimum gross vehicle weight (GVWR) of not less than 10,000 pounds. 2. Individual boom capacity of not less than 8,000 pounds as rated by the manufacturer. 3. Individual PTO or hydraulic power winch capacity of not less than 8,000 pounds as rated by the manufacturer with at least 100 feet of three-eighths inch cable drum. 4. A manufactured wheel-lift with a retracting lifting capacity of not less than 3,500 pounds as rated by the manufacturer, with safety chains. 5. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. 6. Dual rear wheels. 7. Additional safety equipment as specified by the regulations. B. Rollback wrecker. 1. Minimum gross vehicle weight rating (GVWR) of not less than 11,000 pounds. 2. Must have at least an 8,000 pound winch as rated by the manufacturer with at least 50 feet of three-eighths inch cable or larger. 3. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. 4. Additional safety equipment as specified by the regulations. 2. Class B (medium duty) wrecker. Class B wreckers, for towing vehicles weighing between 7,001 and 17,000 pounds or multiple vehicles weighing 7,000 pounds respectively (medium-sized trucks, road tractors/trailers and similar vehicles), shall meet the following requirements: a) The tow truck chassis shall have a minimum gross vehicle weight rating (GVWR) of not less than 22,000 pounds. b) Must have at least a 12-ton boom assembly as rated by the manufacturer. c) Two winches, each of 10,000 pound capacity or more as rated by the manufacturer. ATTACHMENT #7 Page 8 of 11 d) A manufactured wheel-lift with a retracting lifting capacity of not less than 6,500 pounds as rated by the manufacturer, with safety chains. e) Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. f) Additional safety equipment as specified by the regulations. 3. Class C (heavy duty) wrecker. Class C wreckers, for towing vehicles in excess of 17,000 pounds (large trucks, road tractors/trailers and similar vehicles), shall meet the following minimum requirements: a) Truck chassis having a minimum gross vehicle weight rating (GVWR) of not less than 46,000 pounds. b) Tandem axles or cab to axle length of not less than 102 inches. c) A single or double boom with a capacity of not less than 50,000 pounds as rated by the manufacturer. d) A single winch with a capacity of 50,000 pounds as rated by the manufacturer or an individual power winch of not less than 25,000 pounds as rated by the manufacturer and a total rating with both winches of 50,000 pounds. e) A manufactured wheel-lift with a retracting lifting capacity of not less than 12,000 pounds as rated by the manufacturer, with safety chains. f) 150 feet of five-eighths inch cable or larger, plus 50 feet of five-eighths inch drop cable. g) Airbrakes constructed so as to lock wheels automatically upon failure. h) Light and air brake hookups. i) Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. j) Additional safety equipment as specified by the regulations. F. Rates The standard fees established by the South Carolina Department of Public Safety will apply to all North Augusta Department of Public Safety Wrecker Rotation List participants. 1. Only wrecker services on the North Augusta Department of Public Safety wrecker rotation list shall be subject to the regulations of this chapter governing fees. 2. Fees charged for rotation list calls shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. 3. A standard tow is defined as responding to the scene, hooking up the vehicle, performing a general clean up if the call involves responding to a collision scene and providing responsible assistance to the owner to get to a safe location. 4. Special operations are operations involving the process of up-righting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the ATTACHMENT #7 Page 9 of 11 vehicle and/or the recovery of a load which has spilled, or the off-loading and reloading of a load from an overturned vehicle performed to right the vehicle. (All tasks performed outside the standard tow procedures must be listed on Tow Service invoice for justification of additional fee.) 5. A copy of the approved fees will be kept in the wrecker at all times. It will be presented upon request to the person for whom the tow services were provided, his agent, any officer at the scene, or any supervisor who is inspecting the wrecker or wrecker service. 6. The North Augusta Department of Public Safety will complete a review of the fees for the North Augusta Department of Public Safety's rotation wrecker services to determine its validity and reasonableness. 7. Wrecker services may lower rates at any time and may raise rates for non-Public Safety calls at any time. 8. Maximum approved rates are set forth in wrecker rotation fee schedule and which are obtained from the SC Dept of Public Safety fee schedule. G. Wrecker rotation fee schedule. 1. Class A (Conventional) ◦ Collisions – $242.00 ◦ Special Operations – $142.00 ◦ Storage Fees – $38.00 per unit per day 2. Class B (Medium duty) ▪ Collisions – $339.00 ▪ Special Operations – $232.00 ▪ Storage Fees – $48.00 per unit per day 3. Class C (Heavy duty) ▪ Collisions – $498.00 per hour ▪ Special Operations – No Set Fee ▪ Storage Fees – $64.00 per unit per day SC Code of Law Section 56-5-5630 Notice to owners and lienholders; payment for release of vehicle; liability of lienholders; stolen vehicles. (A)(1) For purposes of this article, “vehicle" means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. "Vehicle" includes: (a) items that are towed and left in the possession of a towing, storage, garage, or repair facility; (b) contents contained in the vehicle; and (c) personal property affixed to the vehicle. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days. ATTACHMENT #7 Page 10 of 11 (2) When an abandoned vehicle has been taken into custody, the towing company and storage facility having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must: (a) give a description of the year, make, model, and identification number of the vehicle; (b) set forth the location where the vehicle is being held; (c) inform the owner and all lienholders of the right to reclaim the vehicle within thirty days beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, storage charges, notification, publication, and court costs resulting from placing the vehicle in custody; and (d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle within the time provided is considered a waiver by the owner and lienholders of all rights, title, and interest in the vehicle and is considered as their consent to the sale of the vehicle at a public auction. If a vehicle has been towed pursuant to the provisions of this section, the towing company and storage facility must accept as payment for the release of the vehicle the same manner of payment that they would accept if the owner of the vehicle had requested his vehicle towed. (B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered or certified mail. (C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for: (1) actual recovery and towing charges; and (2) storage costs that accrue beginning seven days after the vehicle was towed. The law enforcement agency must, within two days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will begin to accrue if the vehicle is not reclaimed within seven days of the towing date. A vehicle is considered to be stolen when the registered owner notifies a police officer and files a report which is accepted and placed on the records of the sheriff or chief of police as a stolen vehicle. The law enforcement agency that requested the tow must provide the towing company and storage facility, at no cost to the towing company and storage facility, the owner's name and address. A law enforcement agency is not liable for any costs or fees associated with the towing and storage of a vehicle as provided by this section. (D) The court may order restitution from a person convicted of stealing a vehicle to cover the costs associated with the recovery, towing, and storage of the vehicle. HISTORY: 1962 Code Section 46-490.13; 1972 (57) 2459; 1989 Act No. 159, Section 1; 2002 Act No. 195, Section 5; 2003 Act No. 71, Section 4; 2004 Act No. 269, Section 3. ATTACHMENT #7 Page 11 of 11 RESOLUTION NUMBER 2023-21 AUTHORIZING THE CITY TO ACCEPT A DEED FROM THE AIKEN COUNTY FORFEITED LAND COMMISSION FOR PROPERTY LOCATED AT 1711 PLANK ROAD NORTH AUGUSTA. SAID PROPERTY KNOWN AS TAX MAP PARCEL NO. 006-15-06-017. WHEREAS, the City previously identified property located at 1711 Plank Road as a building that was in deteriorated condition and required corrective action; and, WHEREAS, the City forwarded correspondence to the owner of the property in accordance with the records of the Tax Assessor’s Office in Aiken County; and, WHEREAS, the City received no response to such letters and moved forward with considering abatement action relative to the property in accordance with the City Code; and, WHEREAS, upon further review of the ownership of the property it was determined that the titled owner of the property had failed to pay Aiken County taxes with the property ultimately being sold at an Aiken County Tax Sale; and, WHEREAS, there were no bidders on the property at the Tax Sale and the property was transferred to the Aiken County Forfeited Land Commission; and, WHEREAS, the City anticipates an expenditure of approximately $2,000.00 in the abatement of the nuisance created by the dilapidated structure; and, WHEREAS, the City in an effort to hopefully have an ability to protect their expenditure for abatement, contacted the Aiken County attorney to request that the Forfeited Land Commission deed the property to the City of North Augusta; and, WHEREAS, the Aiken County Forfeited Land Commission has agreed to deed the property to the City and has delivered to the City a deed conveying such property; and, WHEREAS, the Mayor and Council have determined that it would be appropriate to accept title to said property and move forward with such corrective action necessary to abate the nuisance on the premises. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof: ATTACHMENT #8 Page 1 of 2 1. That the City accepts the deed from the Aiken County Forfeited Land Commission for the property located 1711 Plank Road North Augusta/Tax Map Parcel No. 006-15-06-017, and authorizes the recording of said deed in the RMC Office for Aiken County; 2. That the appropriate City Department, in accordance with provisions of the North Augusta City Code, proceed with such action as deemed proper for abating the nuisance on the premises which could include demolishing same and totally removing the structure from the property. 3. That following the corrective action on the premises that if administration deems it appropriate to request bids for the sale of said property and present such bids to the Council for consideration of the sale of the premises. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _____ DAY OF JUNE, 2023. Briton S. Williams, Mayor ATTEST: Jamie Paul, City Clerk ATTACHMENT #8 Page 2 of 2