PB Agenda 20110602 Packet
Chris O’Keefe, AICP Director NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT 230 GOVERNMENT CENTER DRIVE WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 798-7165 FAX (910) 798-7053
NOTICE OF PUBLIC HEARING NEW HANOVER COUNTY PLANNING BOARD JUNE 2, 2011 The New Hanover County Planning Board will hold public hearings on Thursday, June 2, 2011 beginning at 5:30 p.m.
or thereafter at the New Hanover County Historic Courthouse, 24 North Third Street (corner of Third and Princess Streets), Room 301 in Wilmington, NC to consider the following item:
Approval of the May Planning Board Meeting Minutes Item 1: Subdivision Text Amendment (A-388, 06/11) – Request by Staff to amend Section 54 of the County’s Subdivision Ordinance to establish
a procedure for confirming the status of improvements and common areas prior to transfer to homeowner associations, and Section 52-4 of the ordinance to clarify the intent and procedure
for publicly platted roads and requests for redesignation of such to a private road. Technical Review Committee Report (May) The Planning Board may consider substantial changes in these
petitions as a result of objections, debate, and discussion at the meeting, including rezoning to other classifications. Petitions for the above items may be viewed or inquiries made
by contacting the Planning & Inspections Department at 798-7165, 230 Government Center Drive, Wilmington, NC. All interested citizens are invited to attend. Jane Daughtridge, AICP Current
Planning and Zoning Manager Jane Daughtridge, AICP Current Planning & Zoning Manager Dennis Bordeaux Inspections Manager Shawn Ralston Long Range Planning Manager
ITEM 1 A-388 Amendment to the Subdivision Ordinance Request by Staff to amend Section 54 of the Subdivision Ordinance to establish a procedure for confirming the status of improvements
and common areas prior to transfer to homeowner associations, and amend Section 52-4 of the ordinance to clarify the intent and procedure for publicly platted roads and requests for
redesignation of such to private road. History Recent events relating to obstructions in recorded public rights of way that have not been turned over to NCDOT for maintenance, and questions
about the criteria for redesignation of roads from public to private use highlight the need for clarity and a specific process for dealing with these issues. The following proposed amendments
attempt to address this timely issue. Section 54 (NEW) (3) TRANSFERS OF PUBLIC IMPROVEMENTS OR COMMON AREAS TO HOMEOWNER ASSOCIATIONS OR PROPERTY OWNER ASSOCIATIONS. (a) REQUIRED MEETING
Prior to recordation of any deed or other legal instrument conveying a transfer of rights, responsibilities and/or real property from a developer or builder to any home owner association
or property owner association, a representative legally authorized to act on behalf of both parties shall apply to New Hanover County Planning for review and confirmation of the status
of all public dedications and private common areas approved for said subdivision. The Director of Planning & Inspections or his designated manager shall meet with the parties and any
other staff or agency representatives deemed necessary to reconfirm in writing the following: i. approved public or private status of roads and obligations or limitations thereon, including
provision of traffic calming methods and unauthorized obstructions; ii. the method and sufficiency of dedication or control of open space, recreation space or other permitted amenities;
iii. the obligations and limitations associated with maintaining stormwater facilities and easements, public or private systems to handle potable water and wastewater; iv. any limitations
on uses of land, future redivision or rezoning of land in the subdivision; or v. any other pertinent expectations for public or private improvements and common areas. Various members
of the Technical Review Committee (TRC) will be consulted and invited to the meeting, as may be appropriate. (b) RIDER ON LEGAL INSTRUMENTS OF TRANSFER REQUIRED No legal instrument establishing
a transfer of such public dedications or private common areas shall be considered valid for purposes of meeting development requirements of New Hanover County without inclusion of the
required meeting summary document outlined in (3)(a) above.
Section 52-4 (New) (4) DEDICATION AND MAINTENANCE OBLIGATIONS FOR PUBLIC RIGHTS OF WAY (a) When rights-of-way have been platted, approved and recorded as public roads, such recordation
shall be conclusively presumed to be an acceptance of an offered dedication for unencumbered public use and will obligate the developer of record or his heirs or assigns to apply for
acceptance into the NCDOT maintenance system prior to any transfer of common areas or maintenance. This obligation must explicitly appear in all recorded covenants for the subdivision
and may not be changed or removed without formal approval by the TRC. (b) In the event that transfer is desired prior to meeting NCDOT residency thresholds for acceptance into the public
maintenance system, the developer or builder and the HOA/POA may petition the TRC to temporarily waive the requirement for petition for public maintenance, provided a binding agreement
is recorded with the deed establishing an obligation for the HOA/POA to petition NCDOT within three months of meeting the residency threshold. Certification that the road has been constructed
in accordance with the NCDOT design and construction standards is required in conjunction with this approval. (c) Unless otherwise approved by the TRC, any subdivision final plat which
depicts a public right of way shall obligate for perpetuity an unencumbered right of access for public use of the right of way, whether or not maintenance of the road has been petitioned
and accepted by NCDOT. (5) REDESIGNATION OF PLATTED ROAD RIGHTS OF WAY FROM PUBLIC TO PRIVATE The New Hanover County Technical Review Committee shall hear and determine requests for
redesignation of approved public rights of way. The TRC shall make its decision, including the attachment of conditions, based on, but not limited to: (a) The road classification of
the right-of-way proposed for redesignation (b) Consideration of the present and future through-traffic connectivity function (c) The ability to deliver adequate emergency services (d)
The ability to deliver and maintain adequate public services and easements (e) The impact on safe and efficient traffic circulation within one-half mile of the proposed redesignation,
including consideration of the number of lots served (f) The ability to provide effective controlled access to higher level street classifications (g) Cumulative safety concerns and
unintended consequences for the neighborhoods served by the right of way, including but not limited to the ability of the Sheriff’s Department to enforce speed laws (h) Physical or environmental
barriers to effective connectivity functions (i) Planned public road improvements or collector street plans Action Needed Motion to recommend approval as presented Motion to recommend
approval with changes Motion to continue Motion to deny the proposed text changes and additions