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PB Agenda 20111103 Packet 􀀦􀁋􀁕􀁌􀁖􀀃􀀲􀂷􀀮􀁈􀁈􀁉􀁈􀀏 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 NOVEMBER 3, 2011 The New Hanover County Planning Board will hold public hearings on Thursday, November 3, 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 items: Approval of the September and October Planning Board Meeting Minutes Item 1: Rezoning Request (Z-915, 11/11)-Request by Clyde Holley on behalf of Northside Baptist Church to rezone approximately 21.76 acres at 2501 North College Road from R-15 medium-density residential to B-2 Highway Business District. The parcel is identified as Transition on the 2006 CAMA Land Classification Map. Item 2: Subdivision Text Amendment (A-388, 06/11) 􀂱 Request by Staff to amend Section 54 of the 􀀦􀁒􀁘􀁑􀁗􀁜􀂶􀁖􀀃 􀀶􀁘􀁅􀁇􀁌􀁙􀁌􀁖􀁌􀁒􀁑􀀃 􀀲􀁕􀁇􀁌􀁑􀁄􀁑􀁆􀁈� � 􀁗􀁒􀀃 􀁈􀁖􀁗􀁄􀁅􀁏􀁌􀁖􀁋􀀃 􀁄􀀃 􀁓􀁕􀁒􀁆􀁈􀁇􀁘􀁕􀁈􀀃 􀁉􀁒􀁕􀀃 􀁆􀁒􀁑􀁉􀁌􀁕􀁐􀁌􀁑􀁊􀀃 􀁗􀁋􀁈􀀃 􀁖􀁗􀁄􀁗􀁘􀁖􀀃 􀁒􀁉􀀃 􀁌􀁐􀁓􀁕􀁒􀁙􀁈􀁐􀁈􀁑􀁗􀁖􀀃 􀁄􀁑􀁇􀀃 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. Continued from the June 2, 2011 Planning Board meeting. Item 3: Zoning Text Amendment (A-397, 11/11)-Request by Staff to amend the Administration and Enforcement Procedures outlined in Article X to update terminology and add references to pertinent sections. This amendment will also add references to Article V, Sections 51.5 and 59.4, and Article VI, Section 69.4. Item 4: Zoning Text Amendment (A-398, 11/11) 􀂱 Request by Staff to amend the Legal Provisions of Article XIII, Sections 131-133 and Section 136 to clarify the enforcement procedure and update terminology. Item 5: Zoning Text Amendment (A-399, 11/11) -Request by Staff to amend the Board of Adjustment provisions in Article XII to update terminology. Technical Review Committee Report (October) 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 􀀃 1􀀃|􀀃P a g e 􀀃 􀀃CASE:􀀃Z􀍲915,􀀃(11/11)􀀃 PETITIONER:􀀃􀀃 Clyde􀀃Holley􀀃on􀀃behalf􀀃of􀀃Northside􀀃Baptist􀀃Church􀀃 REQUEST:􀀃􀀃 Rezone􀀃from􀀃R􀍲15,􀀃Medium􀀃Density􀀃Residential􀀃to􀀃B􀍲2,� �Highway􀀃Commercial􀀃 ACREAGE:􀀃􀀃􀀃 􀀃21.76􀀃Acres􀀃 LOCATION:􀀃􀀃 2501􀀃North􀀃College􀀃Road􀀃 LAND􀀃CLASS:􀀃􀀃􀀃 Transition􀀃and􀀃Classification􀀃 STAFF􀀃SUMMARY􀀃 PROPERTY􀀃SPECIFICS:􀀃The􀀃prop erty􀀃is􀀃accessed􀀃off􀀃of􀀃North􀀃College􀀃Road,􀀃an􀀃urban􀀃principal􀀃arterial􀀃 roadway,􀀃located􀀃north􀀃of􀀃Bavarian􀀃Lane􀀃and􀀃south􀀃of􀀃Long􀀃Ridge􀀃Drive.􀀃The􀀃parcel􀀃is􀀃a􀀃21.76􀀃acre 􀀃tract,􀀃 owned􀀃by􀀃Northside􀀃Baptist􀀃Church.􀀃The􀀃property􀀃is􀀃currently􀀃utilized􀀃as􀀃a􀀃church􀀃campus􀀃with􀀃seven􀀃 main􀀃buildings,􀀃including􀀃a􀀃sanctuary,􀀃educational􀀃building,􀀃pre school􀀃building,􀀃fellowship􀀃hall,􀀃youth􀀃 and􀀃singles􀀃annex,􀀃family􀀃life􀀃center􀀃gymnasium􀀃and􀀃a􀀃church􀀃office􀀃building.􀀃􀀃 CHARACTER􀀃OF􀀃THE􀀃AREA:􀀃 Current􀀃Zoning:􀀃The􀀃R􀍲15􀀃Re sidential􀀃District􀀃is􀀃established􀀃as􀀃a􀀃district􀀃in􀀃which􀀃the􀀃principal􀀃use􀀃of􀀃land􀀃 is􀀃for􀀃residential􀀃purposes􀀃and􀀃to􀀃insure􀀃that􀀃residential􀀃development􀀃not􀀃having􀀃access� �to􀀃public􀀃water􀀃 and􀀃dependent􀀃upon􀀃septic􀀃tanks􀀃for􀀃sewage􀀃disposal􀀃will􀀃occur􀀃at􀀃sufficiently􀀃low􀀃densities􀀃to􀀃insure􀀃a􀀃 healthful􀀃environment.􀀃 􀀃Immediately􀀃south􀀃of􀀃the 􀀃subject􀀃property􀀃is􀀃an􀀃existing􀀃B􀍲2􀀃highway􀀃business􀀃district,􀀃consisting􀀃of􀀃a􀀃 tanning􀀃salon􀀃and􀀃Rite􀀃Aid􀀃Pharmacy,􀀃with􀀃the􀀃B􀍲2􀀃designation􀀃extending􀀃across􀀃Bavarian􀀃La ne,􀀃including􀀃 an􀀃area􀀃in􀀃excess􀀃of􀀃62.5􀀃acres.􀀃The􀀃B􀍲2􀀃designation􀀃extends􀀃east,􀀃across􀀃North􀀃College􀀃Road.􀀃 Immediately􀀃north􀀃and􀀃west􀀃is􀀃a􀀃continuation􀀃of􀀃the􀀃current􀀃 R􀍲15,􀀃medium􀍲density􀀃residential􀀃zoning􀀃 district.􀀃 􀀃Proposed􀀃Zoning:􀀃􀀃The􀀃purpose􀀃of􀀃the􀀃B􀍲2􀀃Highway􀀃Business􀀃District􀀃is􀀃to􀀃provide􀀃for􀀃the􀀃proper􀀃grouping􀀃 and􀀃development􀀃of􀀃roadside􀀃business􀀃uses􀀃which􀀃will􀀃best􀀃accommodate􀀃the􀀃needs􀀃of􀀃the􀀃motoring􀀃 public􀀃and􀀃businesses􀀃demanding􀀃high􀀃volumes􀀃of􀀃traffic.􀀃The􀀃district’s􀀃princ ipal􀀃means􀀃of􀀃ingress􀀃and􀀃 egress􀀃shall􀀃be􀀃along􀀃collector􀀃roads,􀀃minor􀀃arterials,􀀃and/or􀀃major􀀃arterials􀀃as􀀃designated􀀃on􀀃the􀀃 County’s􀀃Thoroughfare􀀃Classification􀀃Plan.􀀃􀀃No 􀀃B􀍲2􀀃District􀀃shall􀀃be􀀃less􀀃than􀀃five􀀃(5)􀀃acres􀀃in􀀃area.􀀃􀀃 TRAFFIC:􀀃North􀀃College􀀃Road􀀃is􀀃an􀀃urban􀀃principal􀀃arterial􀀃roadway.􀀃The􀀃ADT􀀃on􀀃North􀀃College􀀃Road,􀀃 located􀀃between􀀃Long􀀃Ridge􀀃Drive􀀃and􀀃Bavarian􀀃Lane,􀀃has􀀃increased􀀃from􀀃26,786􀀃(2010)􀀃to􀀃27,081􀀃 (2011).􀀃The􀀃portion􀀃of􀀃North􀀃College􀀃Road􀀃fronting􀀃the􀀃subject􀀃property􀀃has􀀃 a􀀃2007􀀃LOS􀀃F,􀀃meaning􀀃the􀀃 traffic􀀃counts􀀃exceed􀀃the􀀃capacity􀀃of􀀃the􀀃roadway􀀃by􀀃a􀀃multiplier􀀃of􀀃two􀀃or􀀃more.􀀃The􀀃intersection􀀃of􀀃 Murrayville􀀃Road􀀃and􀀃North􀀃College􀀃Road� �is􀀃signalized􀀃to􀀃control􀀃the􀀃flow􀀃of􀀃traffic.􀀃 􀀃 2􀀃|􀀃P a g e 􀀃 􀀃COMMUNITY􀀃SERVICES:􀀃 Water/Sewer:􀀃􀀃Northside􀀃Baptist􀀃Church􀀃is􀀃currently􀀃connected􀀃to􀀃CFPUA􀀃water􀀃and􀀃sewer.􀀃 Fire􀀃Protection:􀀃􀀃The􀀃property􀀃will􀀃be􀀃served 􀀃by􀀃New􀀃Hanover􀀃County􀀃Fire􀀃Services.􀀃 Schools:􀀃􀀃School􀀃districts􀀃are􀀃determined􀀃by􀀃the􀀃New􀀃Hanover􀀃County􀀃Board􀀃of􀀃Education􀀃periodically.􀀃If􀀃 the􀀃request􀀃is􀀃granted,􀀃the� �use􀀃will􀀃not􀀃be􀀃residential,􀀃so􀀃no􀀃impact􀀃on􀀃schools􀀃is􀀃anticipated.􀀃 LAND􀀃CLASSIFICATION:􀀃􀀃The􀀃subject􀀃property􀀃is􀀃located􀀃in􀀃the􀀃northern􀀃portion􀀃of􀀃the􀀃county􀀃in􀀃an􀀃a rea􀀃 with􀀃two􀀃classifications.􀀃The􀀃majority􀀃of􀀃the􀀃property􀀃is􀀃classified􀀃as􀀃Transition;􀀃however,􀀃the􀀃northeast􀀃 side􀀃of􀀃the􀀃property􀀃contains􀀃potions􀀃of􀀃Conservation,􀀃consist ent􀀃with􀀃the􀀃AE􀀃flood􀀃lines,􀀃on􀀃the􀀃2006􀀃 CAMA􀀃Land􀀃Classification􀀃map.􀀃􀀃 The􀀃purpose􀀃of􀀃the􀀃Transition􀀃class􀀃is􀀃to􀀃provide􀀃for􀀃future􀀃intensive􀀃urban􀀃development􀀃on􀀃land s􀀃that􀀃 have􀀃been􀀃or􀀃will􀀃be􀀃provided􀀃with􀀃necessary􀀃urban􀀃services.􀀃The􀀃location􀀃of􀀃these􀀃areas􀀃is􀀃based􀀃upon􀀃 land􀀃use􀀃planning􀀃policies􀀃requiring􀀃optimum􀀃efficiency􀀃in􀀃 land􀀃utilization􀀃and􀀃public􀀃service􀀃delivery.􀀃􀀃 The􀀃purpose􀀃of􀀃the􀀃Conservation􀀃class􀀃is􀀃to􀀃provide􀀃for􀀃effective􀀃long􀍲term􀀃management􀀃and􀀃protection􀀃 of􀀃significant,􀀃limited 􀀃or􀀃irreplaceable􀀃natural􀀃resources􀀃while􀀃also􀀃protecting􀀃the􀀃rights􀀃of􀀃the􀀃property􀀃 owner.􀀃Management􀀃of􀀃these􀀃areas􀀃may􀀃be􀀃required􀀃for􀀃a􀀃number􀀃of􀀃reasons,􀀃including􀀃na tural,􀀃 cultural,􀀃recreational,􀀃productive􀀃or􀀃scenic􀀃values,􀀃but􀀃are􀀃primarily􀀃flood􀀃prone􀀃areas.􀀃􀀃 ENVIRONMENTAL􀀃CONSIDERATIONS:􀀃The􀀃subject􀀃property􀀃is􀀃located􀀃within􀀃the􀀃Smi th􀀃Creek􀀃watershed􀀃 drainage􀀃area􀀃which􀀃is􀀃classified􀀃as􀀃C;􀀃SW􀀃303(d).􀀃􀀃 The􀀃northwest􀀃border􀀃of􀀃the􀀃property􀀃includes􀀃portions􀀃of􀀃AE􀀃flood􀀃zones,􀀃with􀀃a􀀃BFE􀀃of􀀃33’.􀀃􀀃 The􀀃soil􀀃maps􀀃indicate􀀃Seagate􀀃Fine􀀃Sand,􀀃Baymeade􀀃Fine􀀃Sand􀀃with􀀃1􀀃to􀀃6􀀃percent􀀃slopes􀀃and􀀃Pantego􀀃 Loam􀀃 exist􀀃 on􀀃 site.􀀃 Both􀀃 Seagate􀀃 fine􀀃 sand􀀃 and􀀃 Baymeade􀀃 fine􀀃 sand􀀃 are􀀃 Class􀀃 II􀀃 soils􀀃 with􀀃 moderate􀀃 limitations􀀃and􀀃are􀀃known􀀃to􀀃require􀀃moderate􀀃modification􀀃and􀀃maintenance.􀀃Pantego􀀃Loam􀀃is􀀃a􀀃Class􀀃 III􀀃 soil􀀃 with􀀃 severe􀀃 limitations􀀃 and􀀃 is􀀃 known􀀃 to􀀃 require􀀃 extensive􀀃 modification􀀃 and􀀃 intensive􀀃 maintenance.􀀃 􀀃PLANS􀀃AND􀀃POLICIES:􀀃 Policy􀀃5.7􀀃of􀀃the􀀃2006􀀃CAMA􀀃La nd􀀃Use􀀃Plan􀀃addresses􀀃the􀀃need􀀃to􀀃preserve􀀃the􀀃character􀀃of􀀃the􀀃area’s􀀃 existing􀀃residential􀀃neighborhoods􀀃and􀀃quality􀀃of􀀃life.􀀃􀀃 􀀃STAFF􀀃POSITION:􀀃Due􀀃to􀀃the􀀃broad􀀃nature� �of􀀃a􀀃general􀀃B􀍲2􀀃rezoning;􀀃since􀀃the􀀃applicant’s􀀃property􀀃 extends􀀃deep􀀃into􀀃the􀀃existing􀀃residential􀀃district;􀀃because􀀃B􀍲2􀀃zoning􀀃is􀀃not􀀃required􀀃for􀀃places􀀃of􀀃 worship􀀃to􀀃function􀀃in􀀃this􀀃location;􀀃and􀀃traffic􀀃on􀀃North􀀃College􀀃Road􀀃has􀀃a􀀃2007􀀃LOS􀀃of􀀃F􀀃and􀀃traffic􀀃 counts􀀃steadily􀀃increased􀀃over􀀃the􀀃past􀀃two􀀃years,􀀃including,􀀃201 0􀀃to􀀃2011􀀃staff􀀃feels􀀃the􀀃rezoning􀀃is􀀃not􀀃 reasonable􀀃nor􀀃in􀀃the􀀃public􀀃interest􀀃and􀀃recommends􀀃denial.􀀃􀀃 􀀃 Case􀀃Z􀍲915􀀃(11/11)􀀃 Rezone􀀃21.76􀀃acres􀀃from􀀃R􀍲15,􀀃medium􀍲density􀀃residential􀀃to􀀃B􀍲2,􀀃highway􀀃business.􀀃 􀀃Petition􀀃Summary􀀃Data􀀃 2501􀀃North􀀃College􀀃Road􀀃 􀀃Owner/Petitioner:� �􀀃Clyde􀀃Holley􀀃on􀀃behalf􀀃of􀀃Northside􀀃Baptist􀀃Church􀀃 􀀃Existing􀀃Land􀀃Use:􀀃R􀍲15,􀀃medium􀀃density􀀃residential;􀀃vacant􀀃 􀀃Zoning􀀃History:􀀃Area􀀃8􀀃B􀀃(July􀀃1,􀀃1972)􀀃 􀀃Land􀀃Classification:􀀃􀀃Transition􀀃and􀀃Conservation􀀃􀀃 􀀃Water􀀃Type:􀀃􀀃CFPUA􀀃 􀀃Sewer􀀃Type:􀀃􀀃CFPUA􀀃 􀀃Recreation􀀃Area:􀀃􀀃Castle􀀃Hayne􀀃Elementary􀀃School,􀀃Castle􀀃Hayne􀀃Park􀀃 􀀃Access􀀃&􀀃Traffic􀀃Volume:􀀃􀀃The􀀃ADT􀀃of􀀃North􀀃College􀀃Road,􀀃between􀀃Long􀀃Ridge􀀃Drive􀀃and􀀃Bavarian􀀃Lane,􀀃 has􀀃 increased􀀃 from􀀃 26,786􀀃 (2010)􀀃 to􀀃 27,081(2011).The􀀃 portion􀀃 of􀀃 N.􀀃 College􀀃 Road􀀃 fronting􀀃 the􀀃 subject􀀃 property􀀃 has􀀃 a􀀃 2007􀀃 LOS􀀃 of􀀃 F,􀀃 meaning􀀃 the􀀃 traffic􀀃 counts􀀃 exceed􀀃 the􀀃 capacity􀀃 of􀀃 the􀀃 roadway􀀃 by􀀃 a􀀃 multiplier􀀃of􀀃two􀀃or􀀃more.􀀃 􀀃Fire􀀃District:􀀃New􀀃Hanover􀀃County􀀃Fire􀀃Service􀀃District􀀃 􀀃􀀃 Watershed􀀃&􀀃Water􀀃Quality􀀃Classification:􀀃􀀃Smith􀀃Creek􀀃􀍲C;􀀃Sw􀀃303(d)􀀃 􀀃Aquifer􀀃 Recharge􀀃 Area:􀀃 􀀃 Secondary􀀃 recharge􀀃 areas􀀃 for􀀃 Castle􀀃 Hayne􀀃 or􀀃 Peedee􀀃 where􀀃 occurring􀀃 near􀀃 land􀀃 surface􀀃under􀀃water􀍲table􀀃conditions􀀃 􀀃Conservation/Histo ric/Archaeological􀀃 Resources:􀀃 The􀀃 northern􀀃 and􀀃 western􀀃 rear􀀃 portions􀀃 of􀀃 the􀀃 subject􀀃 property􀀃are􀀃located􀀃within􀀃the􀀃AE􀀃floodway.􀀃 􀀃􀀃 Soils:􀀃Seagate􀀃Fine􀀃Sand,􀀃Bayme ade􀀃Fine􀀃Sand􀀃with􀀃1􀀃to􀀃6􀀃percent􀀃slopes􀀃and􀀃Pantego􀀃Loam.􀀃 􀀃Septic􀀃Suitability:􀀃Both􀀃Seagate􀀃fine􀀃sand􀀃and􀀃Baymeade􀀃fine􀀃sand􀀃are􀀃Class􀀃II􀀃soils􀀃with􀀃moderate􀀃limitation s􀀃 and􀀃known􀀃to􀀃require􀀃moderate􀀃modification􀀃and􀀃maintenance.􀀃Pantego􀀃Loam􀀃is􀀃a􀀃Class􀀃III􀀃soil􀀃with􀀃severe􀀃 limitations􀀃and􀀃is􀀃known􀀃to􀀃require􀀃extensive􀀃modification􀀃and􀀃 intensive􀀃maintenance.􀀃 􀀃Schools:􀀃􀀃Castle􀀃Hayne􀀃Elementary􀀃School􀀃 􀀃 Uses R􀍲15 B􀍲2 Agricultural􀀃Uses P P Kennels S P Veterinaries P Wholesale􀀃Nurseries􀀃&􀀃Greenhouses P P General􀀃Building􀀃Contractor P Landscaping􀀃Contractor P Special􀀃Trade􀀃Contractor P Special􀀃Trade􀀃Contractor􀀃with􀀃no􀀃Outside􀀃Storage P Bus􀀃&􀀃Taxi􀀃Terminals P Commercial􀀃Marina􀀃with􀀃Floating􀀃Structures S S Commercial􀀃Marina􀀃: S P 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃As􀀃a􀀃stand􀀃alone 􀀃warehouse P 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃As􀀃accessory􀀃to􀀃a􀀃marina S P Electric/Gas􀀃&􀀃Sanitary􀀃Services P P Elctric􀀃Substations S P Mini􀍲warehouses P Post􀀃Offices P Telephone􀀃&􀀃Telegraph􀀃Facilitie s P P TV􀀃&􀀃Radio􀀃Broadcasting P Warehousing P Water􀀃Transportation􀀃Facilities P Other􀀃Communication􀀃Facilities􀀃Including􀀃Towers S S Antenna􀀃&􀀃Towers􀀃Less􀀃than􀀃70􀀃Ft􀀃in􀀃Height􀀃& 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃Ancillary􀀃to􀀃the􀀃Principal􀀃Use P P Cellular􀀃&􀀃PCS􀀃Antennas P P Amateur􀀃Radio􀀃Antennas􀀃(Up􀀃to􀀃90􀀃Ft) P P Wholesaling􀀃With􀀃No􀀃Outside􀀃Storage P Wholesaling􀀃Seafood􀀃with􀀃Water􀀃Frontage P Automobile􀀃Service􀀃Station P Automobile􀀃Dealers􀀃&􀀃Truck􀀃Sales P Boat􀀃Dealers P Building􀀃Material􀀃&􀀃garden􀀃Supplies P Convenience􀀃Food􀀃Stor e S P Drug􀀃Store P Eating􀀃and􀀃Drinking􀀃Places P Entertainment􀀃Establishments,􀀃Bars,􀀃Cabarets,􀀃Discos P Farm􀀃implement􀀃Sales P Food􀀃Stores P Fruit􀀃&􀀃Vegetable􀀃Stand􀀃Produced􀀃on􀀃Same􀀃 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃Parcel􀀃as􀀃Offered􀀃for􀀃Sale P P Furniture,􀀃Home􀀃Furnishing􀀃&􀀃Equipment P General􀀃Merchandise􀀃Stores P Handcrafting􀀃Small􀀃Articles P Hardware P Landscaping􀀃Service P Miscellaneous􀀃Retail P Uses R􀍲15 B􀍲2 Mobile􀀃Home􀀃Dealers􀀃&􀀃Prefabricated􀀃Buildings P Retail􀀃Nurseries P Historic􀀃Restaurant S P Banks,􀀃Credit􀀃Agencies,􀀃Savings􀀃&􀀃Loans P Automobile/Boat􀀃Repair􀀃Sales P Automobile􀀃Rentals P Barber/Beauty􀀃Shop P Bed􀀃and􀀃Breakfast􀀃Inn S Business􀀃Services􀀃Including􀀃Printing P Camping,􀀃Travel􀀃Trailer􀀃Parks S P Drive􀍲In􀀃Theatre P Dry􀀃Cleaning/Laundry􀀃Pla nt P Electrical􀀃Repair􀀃Shop P Equipment􀀃Rental􀀃&􀀃Leasing P Funeral􀀃Home P Golf􀀃Courses P Hotels􀀃&􀀃Motels P Indoor􀀃&􀀃Outdoor􀀃Recreation􀀃Establishments S P Indoor􀀃Theater P Parks􀀃&􀀃Recreation􀀃Area P P Personal􀀃Services P Resort􀀃Hotel/Motel P Stables P P Septic􀀃tank􀀃Vacuum􀀃Services P Watch,􀀃Clock,􀀃Jewelry􀀃Repair P Adult􀀃Day􀀃Care S Children's􀀃Day􀀃Care S P Community􀀃Center S Hospitals􀀃 S Nursing􀀃Home/Rehabilitations􀀃Center S Residential􀀃Care P Colleges,􀀃Universities,􀀃Professional􀀃Schools􀀃&􀀃 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃Techni cal􀀃Institutions S Elementary􀀃&􀀃Secondary􀀃Schools Schools P Libraries P P Museums P Churches P P Lodges,􀀃Fraternal􀀃&􀀃Social􀀃Organizations S P Fraternities/Sororities,􀀃Residential P Accessory􀀃Buildings􀀃or􀀃Uses,􀀃clearly􀀃incidental􀀃to 􀀃􀀃􀀃the􀀃Permitted􀀃Use􀀃or􀀃Building P P Christmas􀀃Tree􀀃Sales P Cemeteries S Circuses,􀀃Carnivals,􀀃Fairs􀀃&􀀃Side􀀃Shows 􀀃􀀃􀀃􀀃of􀀃No􀀃More􀀃than􀀃30􀀃Days􀀃Duration􀀃Per􀀃Year P P Community􀀃Boating􀀃Facility S Uses R􀍲15 B􀍲2 Private􀀃Residential􀀃Boating􀀃Facility P Demolition􀀃Landscape􀀃Landfill P P Duplexes P Dwelling􀀃Unit􀀃Contained􀀃within􀀃Principal􀀃Use S Evangelistic􀀃and􀀃Religious􀀃Assemblies􀀃 not􀀃Conducted 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃at􀀃a􀀃Church P P Government􀀃Offices􀀃and􀀃Buildings S P High􀀃Density􀀃Development􀀃Permitted􀀃Only 􀀃􀀃􀀃􀀃Within􀀃Urban􀀃and􀀃Transition􀀃Areas S Home􀀃Occupation P Mobile􀀃Home􀀃􀀃 P Mobile􀀃Home,􀀃Doublewide P Mobile􀀃Home􀀃Park S Mobile􀀃Home􀀃Subdivision S Offices􀀃for􀀃Private􀀃Business􀀃&􀀃Professional􀀃Activities P Outdoor􀀃Bazaars􀀃exc luding􀀃Yard􀀃Sales P P Pumpkin􀀃Sales P Principal􀀃Use􀀃Sign P Research􀀃Facilities P Residential􀀃Private􀀃Pier P Senior􀀃Living:􀀃Active􀀃Adult􀀃Retirement􀀃Community S Senior􀀃Living:􀀃Assisted􀀃 Living􀀃or􀀃Personal􀀃Care S Senior􀀃Living:􀀃Continuing􀀃Care􀀃Retirement􀀃Community S Single􀀃Family􀀃Dwelling P S Single􀀃Family􀀃Dwelling􀍲Attached P S Special􀀃Fund􀀃Raising􀀃for􀀃Non􀍲Profit􀀃O rganizations P P Temporary􀀃Sign P P Recycling􀀃Facilities: 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃Small􀀃Collection S P 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃Large􀀃Collection S P 􀀃􀀃􀀃􀀃􀀃􀀃􀀃􀀃Large􀀃Collection􀀃with􀀃Processing S APPLICANT􀀃 MATERIALS􀀃 A-388 Amendment to the 1 Subdivision Ordinance 2 3 Request by Staff to amend Section 54 of the Subdivision Ordinance to establish a procedure 4 for confirming the status of road improvements and other items regulated by New Hanover 5 County Subdivision or Zoning ordinances prior to transferring roads to neighborhood 6 homeowner associations, and amend Section 52-4 of the ordinance to clarify the intent that 7 publicly platted roads must be formally turned over to NCDOT, and finally to outline the 8 procedure for requesting redesignation of platted public roads to private roads . 9 10 History 11 12 Recent events relating to obstructions in recorded public rights of way that have not been 13 turned over to NCDOT for maintenance, and questions about the criteria for redesignation of 14 roads from public to private use highlight the need for clarity and a specific process for 15 dealing with these issues. The following proposed amendments attempt to address the 16 timely issue of right-of-way improvements. 17 18 Section 54 (NEW) 19 (3) TRANSFERS OF ROAD RIGHT OF WAY TO HOMEOWNER ASSOCIATIONS OR PROPERTY 20 OWNER ASSOCIATIONS. 21 22 (a) NOTICE TO COUNTY 23 Not more than 45 working days nor less than 14 working days prior to recordation of a 24 deed or other legal instrument conveying road right-of-way improvements regulated 25 under the New Hanover County Subdivision or Zoning ordinances to neighborhood 26 homeowner associations (i.e, those in which residents of the subdivision are assuming 27 responsibility from the developer or builder), a representative legally authorized to act 28 on behalf of the grantor shall notify the New Hanover County Planning Director of the 29 intent to transfer ownership of such improvements, along with contact information for a 30 responsible person representing the grantee. 31 32 (b) REGULATORY STATUS CHECKLIST 33 Upon receipt of notice of intent to transfer, the Planning Director will provide the 34 developer or builder with a standardized checklist to be completed by the developer or 35 builder. The checklist will indicate the status of regulated items as relates to 36 requirements of the New Hanover County Subdivision or Zoning ordinances. This 37 checklist shall be returned to the Director of Planning & Inspections and provided to the 38 grantee prior to transfer. The checklist shall be deemed accepted by the county when 39 􀆚􀅚􀄞􀀃 􀄐􀅚􀄞􀄐􀅬􀅯􀅝􀆐􀆚􀀃 􀄏􀄞􀄂􀆌􀅝􀅶􀅐􀀃 􀆚􀅚􀄞􀀃 􀅐􀆌􀄂􀅶􀆚􀅽􀆌􀍛􀆐􀀃 􀅶􀅽􀆚􀄂􀆌􀅝􀇌􀄞􀄚􀀃 signature 􀄂􀅶􀄚􀀃 􀆚􀅚􀄞􀀃 􀅐􀆌􀄂􀅶􀆚􀄞􀄞􀍛􀆐􀀃 􀅶􀅽􀆚􀄂􀆌􀅝􀇌􀄞􀄚􀀃 40 signature is received by the Planning & Inspections Department. Any disputes between 41 grantor and grantee will not be mediated by the county, but coordination may be 42 required if the project is out of compliance or the requirements of the ordinances are 43 being violated such that enforcement action is taken at the time transfer is proposed. 44 (c) RIDER ON LEGAL 45 INSTRUMENTS OF TRANSFER REQUIRED 46 For purposes of satisfying the development requirements of New Hanover County, all 47 legal instruments establishing a transfer of improvements in subsection (a) above as 48 regulated by the New Hanover County Subdivision and Zoning ordinances shall include 49 the checklist of the current status of the county regulated items as provided to the 50 Planning Director. 51 52 53 Section 52-4 (New) 54 (4) DEDICATION AND MAINTENANCE OBLIGATIONS FOR PUBLIC RIGHTS OF WAY 55 (a) When rights-of-way have been platted, approved and recorded as public 56 roads, such recordation shall be conclusively presumed to be an acceptance of an offered 57 dedication for unencumbered public use and will obligate the developer of record or his heirs 58 or assigns to apply for acceptance into the NCDOT maintenance system prior to any transfer of 59 road rights-of-way or at the earliest possible date. This obligation must explicitly appear in all 60 recorded covenants for the subdivision and may not be changed or removed without formal 61 approval by the TRC. 62 (b) In the event that transfer occurs prior to meeting NCDOT residency 63 thresholds for acceptance into the public maintenance system, the developer must assure that 64 a funding mechanism is available to properly evaluate the condition of road design and 65 construction standards, and to clearly establish who is responsible for any costs associated with 66 correcting deficiencies that would disqualify the road from being accepted when the request 67 for public maintenance is submitted. Such assurance may be in the form of a bond or any legal 68 agreement between the developer and the homeowners association that clearly assigns these 69 responsibilities (ex. Explicit language in the covenants, conditions with the deed of transfer, 70 contract between developer and HOA, etc). 71 (c) Unless otherwise approved by the TRC, any subdivision final plat which 72 depicts a public right of way shall obligate for perpetuity an unencumbered right of access for 73 public use of the road right of way, whether or not maintenance of the road has been 74 petitioned and accepted by NCDOT. 75 76 (5) REDESIGNATION OF PLATTED ROAD RIGHTS OF WAY FROM PUBLIC TO PRIVATE 77 The New Hanover County Technical Review Committee shall hear and determine requests for 78 redesignation of approved public rights of way. The TRC shall make its decision, including 79 the attachment of conditions, based on, but not limited to: 80 (a) Whether or not the roadway qualifies for process under NCGS 136-96.2 81 (b) The road classification of the right-of-way proposed for redesignation 82 (c) Consideration of the present and future through-traffic connectivity 83 function 84 (d) The ability to deliver adequate emergency services 85 (e) The ability to deliver and maintain adequate public services and 86 easements (f) The impact on safe and efficient traffic circulation 87 within one-half mile of 88 the proposed redesignation, including consideration of the number of 89 lots served 90 (g) The ability to provide effective controlled access to higher level street 91 classifications 92 (h) Cumulative safety concerns and unintended consequences for the 93 neighborhoods served by the right of way, including but not limited to 94 􀆚􀅚􀄞􀀃􀄂􀄏􀅝􀅯􀅝􀆚􀇇􀀃􀅽􀄨􀀃􀆚􀅚􀄞􀀃􀁞􀅚􀄞􀆌􀅝􀄨􀄨􀍛􀆐􀀃􀀘􀄞􀆉􀄂􀆌􀆚􀅵􀄞􀅶􀆚􀀃􀆚􀅽􀀃􀄞􀅶􀄨􀅽􀆌􀄐􀄞􀀃􀆐􀆉􀄞􀄞􀄚􀀃􀅯􀄂􀇁􀆐 95 (i) Physical or environmental barriers to effective connectivity functions 96 (j) Planned public road improvements or collector street plans 97 98 99 CHECKLIST FOR STATUS OF COUNTY REGULATED ITEMS 100 As applicable for _____________________________________________ 101 (Subdivision/Development Name) 102 􀁤􀅽􀄚􀄂􀇇􀍛􀆐􀀃􀀘􀄂􀆚􀄞􀍗􀀃􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺􀍺 103 104 Developer/Builder, please complete and return to New Hanover County 105 Planning & Inspections Director not more than 45 business days nor less than 14 106 business days prior to transfer of roads to a neighborhood HOA. 107 108 1. Name of and contact information for Developer/Owner/Builder or other 109 entity responsible for completion of required infrastructure: 110 _____________________________________________________________ 111 2. Name of and contact information for Developer/Owner/Builder or other 112 entity currently responsible for maintenance of required infrastructure: 113 ____________________________________________________________ 114 3. Has the 􀀯􀅶􀅝􀆚􀅝􀄂􀅯􀀃􀁋􀆌􀅐􀄂􀅶􀅝􀇌􀄂􀆚􀅝􀅽􀅶􀄂􀅯􀀃􀁄􀄞􀄞􀆚􀅝􀅶􀅐􀀃􀅽􀄨􀀃􀆚􀅚􀄞􀀃􀅶􀄞􀅝􀅐􀅚􀄏􀅽� �􀅚􀅽􀅽􀄚􀀃􀀬􀅽􀅵􀄞􀅽􀇁􀅶􀄞􀆌􀍛􀆐􀀃 115 Association (HOA) occurred? Y__N__ . If yes, please provide contact 116 information for the elected Chairman/President. ____________________ 117 ____________________________________________________________. 118 If no, when is the Initial Organizational Meeting scheduled? ___________. 119 4. Will a professional management management company play a role in maintenance of 120 infrastructure? Y___N____. If yes, please name the company or contact 121 person (if known) 122 _________________________________________________________ 123 5. When were roads/streets installed? ___________________ 6. Are any roads platted 124 as public rights of way? Y___N____. If yes, what are 125 the approved names of the public roads? 126 ____________________________________________________________ 127 7. Has an evaluation of the existing road standards been conducted within the 128 past 6 months? Y__N__. If yes, does the evaluation confirm that the 129 condition of the roads is satisfactory to meet NCDOT acceptance 130 standards? Y___N___. If no, who is responsible for funding the 131 improvements to bring the road up to NCDOT standards? 132 ________________________________ _____________________________. 133 8. Have all roads platted as public rights of way been submitted to the NCDOT 134 for addition to the state maintenance system? Y___N___. If yes, what is 135 the current status of that request? 136 ___________________________________________. If no, when will the 137 developer submit the request? _____________________________ ____. 138 9. Have any gates and other obstructions been installed on any roads in this 139 subdivision? Y___N___. If yes, have these obstructions been authorized by 140 New Hanover County Planning & Inspections Department? Y__N___. If no, 141 when will the obstructions be removed or submitted to the county for 142 approval? 143 _________________________________________________________ ____. 144 10. Do the covenants expressly state that all stub streets shall be understood 145 to be opened to traffic in the future for adjacent development? 146 Y___N____. 147 11. Have all required fire hydrants or other fire prevention requirements been 148 installed and accepted? Y___N___. If no, who will be required to pay for 149 completion of these improvements? _______________________________. 150 12. Has the platted open space for the subdivision been dedicated in 151 perpetuity to the county, non-profit conservation group or neighborhood 152 􀀬􀁋􀀄􀀃􀄂􀆐􀀃􀆌􀄞􀆋􀆵􀅝􀆌􀄞􀄚􀀃􀄏􀇇􀀃􀆚􀅚􀄞􀀃􀄐􀅽􀆵􀅶􀆚􀇇􀍛􀆐􀀃􀅽􀆌􀄚􀅝􀅶􀄂􀅶􀄐􀄞􀆐􀍍􀀃Y____N_____. What entity 153 holds title to the open space? ___________________________________ 154 _____________________________________________________________ 155 13. Is a state storm water permit in place for this subdivision? Y___N___. Is 156 the required access easement readily accessible to the County Engineer? Y___N___ Has the permit been 157 transferred to the HOA? Y___N____. If 158 yes, who is the neighborhood contact person for storm water maintenance 159 questions?____________________________________. If no, when do you 160 anticipate transferring this permit? ______________. 161 14. Do the covenants inform owners that an addition of impervious areas 162 (home extensions, pouring of concrete pads, etc.) requires authorization by 163 the New Hanover County Engineer? Y___N___. 164 15. If Low Impact Development practices have been utilized to satisfy county 165 requirements, do the covenants inform owners of their obligations to 166 maintain these disconnected facilities? Y__N__. If no, what other 167 mechanism has been distributed to inform owners of their obligation? 168 ___________________________________________________________. 169 16. Is the subdivision connected to public water and/or sewer? Y___N___ If 170 yes, CFPUA or other? ____________. If no, has dry sewer been installed 171 and accepted by the appropriate authority? ______. Who is responsible 172 for funding repairs or future upgrades to the water/sewer infrastructure? 173 _____________________________________________________________ 174 17. Do the covenants inform owners of the restrictions or considerations 175 related to obstructions in easements or rights-of-way other than roadways? 176 Y___N_____ 177 18. Do the covenants inform owners that the possibilities or limitations for 178 future changes in zoning, subdivision, or character of the surrounding area 179 is subject to current and future development rules adopted by New 180 Hanover County? Y____N_______ 181 19. Does the development have a special use permit for a Community Boating 182 Facilities? Y___N___. If yes, what is the permit number? _________. Attach 183 a copy of the approved site plan and Order granting the special use permit. 184 Has the facility been installed? Y___N____. If no, who is responsible for 185 funding the installation? 186 ________________________________________________ ____. Do the 187 covenants clearly express that boat slips must remain associated with 188 individual lots and cannot be sold to persons outside the subdivision? 189 Y___N___. 20. Do the covenants expressly inform 190 the HOA that county authorization is 191 required prior to modifications to an approved plat, required item of 192 infrastructure, land use, or covenant associated with these improvements? 193 Y____N____. 194 21. Would the developer or the neighborhood HOA like to meet with County 195 staff to discuss any of the items above? Y___N___. If yes, please call 910-196 798-7165 to arrange the meeting 197 198 Grantor Signature:_____________________________ Notary:___________________________ 199 200 201 202 203 204 Grantee Signature:______________________________ Notary:________________________ 205 206 207 208 209 210 211 212 Action Needed 213 214 Motion to recommend approval as presented 215 Motion to recommend approval with changes 216 Motion to continue 217 Motion to recommend denial DRAFT􀀃 􀀃1􀀃|􀀃P a g e 􀀃 􀀃 CHECKLIST􀀃FOR􀀃STATUS􀀃OF􀀃COUNTY􀀃REGULATED􀀃ITEMS􀀃 As􀀃applicable􀀃for􀀃_____________________________________________􀀃 (Subdivision/Development􀀃Name)􀀃 Today’s􀀃Date:􀀃_____________________􀀃 Developer/Builder,􀀃please􀀃complete􀀃and􀀃return􀀃to􀀃New􀀃Hanover􀀃County􀀃 Planning􀀃&􀀃Inspections􀀃Director􀀃not􀀃more􀀃than􀀃45􀀃business􀀃days􀀃nor􀀃les s􀀃than􀀃14􀀃 business􀀃days􀀃prior􀀃to􀀃􀀃transfer􀀃of􀀃roads􀀃to􀀃a􀀃neighborhood􀀃HOA.􀀃 1. Name􀀃of􀀃and􀀃contact􀀃information􀀃for􀀃Developer/Owner/Builder􀀃or􀀃other􀀃 entity􀀃responsible􀀃for� �completion􀀃of􀀃required􀀃infrastructure:􀀃􀀃􀀃 _____________________________________________________________􀀃 2. Name􀀃of􀀃and􀀃contact􀀃information􀀃for􀀃Developer/Owner/Builder􀀃or􀀃other􀀃 entity􀀃currently􀀃responsible􀀃for􀀃maintenance􀀃of􀀃required􀀃infrastructure:􀀃 ____________________________________________________________􀀃 3. Has􀀃the􀀃Initial􀀃Organizational􀀃Meeting􀀃of􀀃the 􀀃neighborhood􀀃Homeowner’s􀀃 Association􀀃􀀃(HOA)􀀃occurred?􀀃􀀃Y__N__􀀃.􀀃If􀀃yes,􀀃please􀀃provide􀀃contact􀀃 information􀀃for􀀃the􀀃elected􀀃Chairman/President.􀀃____________________􀀃􀀃 ____________________________________________________________.􀀃 If􀀃no,􀀃when􀀃is􀀃the􀀃Initial􀀃Organizational􀀃Meeting􀀃scheduled?􀀃___________.􀀃 4. Will􀀃a􀀃professional􀀃management􀀃company􀀃pla y􀀃a􀀃role􀀃in􀀃maintenance􀀃of􀀃 infrastructure?􀀃Y___N____.􀀃􀀃If􀀃yes,􀀃please􀀃name􀀃the􀀃company􀀃or􀀃contact􀀃 person􀀃(if􀀃known)􀀃 _________________________________________________________􀀃 5. When􀀃were􀀃roads/streets􀀃installed?􀀃___________________􀀃 6. Are􀀃any􀀃roads􀀃platted􀀃as􀀃public􀀃rights􀀃of􀀃way?􀀃􀀃Y___N____.􀀃If􀀃yes,􀀃what􀀃are􀀃 the􀀃approved􀀃names􀀃of􀀃the􀀃public􀀃r oads?􀀃 ____________________________________________________________􀀃􀀃 7. Has􀀃an􀀃evaluation􀀃of􀀃the􀀃existing􀀃road􀀃standards􀀃been􀀃conducted􀀃within􀀃the􀀃 past􀀃6􀀃months?􀀃􀀃Y__N__.􀀃􀀃If􀀃 yes,􀀃does􀀃the􀀃evaluation􀀃confirm􀀃that􀀃the􀀃 condition􀀃of􀀃the􀀃roads􀀃isis􀀃satisfactory􀀃to􀀃meet􀀃NCDOT􀀃acceptance􀀃 standards?􀀃Y___N___.􀀃􀀃􀀃􀀃If􀀃no,􀀃who􀀃is􀀃responsible􀀃for􀀃funding 􀀃the􀀃 DRAFT􀀃 􀀃2􀀃|􀀃P a g e 􀀃 􀀃 improvements􀀃to􀀃bring􀀃the􀀃road􀀃up􀀃to􀀃NCDOT􀀃standards?􀀃􀀃􀀃 _____________________________________________________________.􀀃 8. Have􀀃all􀀃roads􀀃platted􀀃as􀀃pu blic􀀃rights􀀃of􀀃way􀀃been􀀃submitted􀀃to􀀃the􀀃NCDOT􀀃 for􀀃addition􀀃to􀀃the􀀃state􀀃maintenance􀀃system?􀀃Y___N___.􀀃􀀃If􀀃yes,􀀃what􀀃is􀀃 the􀀃current􀀃status􀀃of􀀃that􀀃request?􀀃􀀃 ___________________________________________.􀀃If􀀃no,􀀃when􀀃will􀀃the􀀃 developer􀀃submit􀀃the􀀃request?􀀃_____________________________􀀃____.􀀃􀀃􀀃 9. 􀀃Have􀀃any􀀃gates􀀃and􀀃other􀀃obstructions􀀃 been􀀃installed􀀃on􀀃any􀀃roads􀀃in􀀃this􀀃 subdivision?􀀃Y___N___.􀀃􀀃If􀀃yes,􀀃have􀀃these􀀃obstructions􀀃been􀀃authorized􀀃by􀀃 New􀀃Hanover􀀃County􀀃Planning􀀃&􀀃Inspections􀀃Department?􀀃􀀃Y__N_ __.􀀃􀀃If􀀃no,􀀃 when􀀃will􀀃the􀀃obstructions􀀃be􀀃removed􀀃or􀀃submitted􀀃to􀀃the􀀃county􀀃for􀀃 approval?􀀃 _____________________________________________________________.􀀃 10.􀀃Do􀀃the􀀃covenants 􀀃expressly􀀃state􀀃that􀀃all􀀃stub􀀃streets􀀃shall􀀃be􀀃understood􀀃 to􀀃be􀀃opened􀀃to􀀃traffic􀀃in􀀃the􀀃future􀀃for􀀃adjacent􀀃development?􀀃􀀃 Y___N____.􀀃 11.􀀃Have􀀃all􀀃required􀀃fire􀀃hydran ts􀀃or􀀃other􀀃fire􀀃prevention􀀃requirements􀀃been􀀃 installed􀀃and􀀃accepted?􀀃Y___N___.􀀃If􀀃no,􀀃who􀀃will􀀃be􀀃required􀀃to􀀃pay􀀃for􀀃 completion􀀃of􀀃these􀀃improvements?􀀃____________________ ___________.􀀃 12.􀀃Has􀀃the􀀃platted􀀃open􀀃space􀀃for􀀃the􀀃subdivision􀀃been􀀃dedicated􀀃in􀀃 perpetuity􀀃to􀀃the􀀃county,􀀃non􀍲profit􀀃conservation􀀃group􀀃or􀀃neighborhood􀀃 HOA􀀃as􀀃required􀀃 by􀀃the􀀃county’s􀀃ordinances?􀀃Y____N_____.􀀃What􀀃entity􀀃 holds􀀃title􀀃to􀀃the􀀃open􀀃space?􀀃􀀃􀀃___________________________________􀀃 ___________________________________________________________ __􀀃 13.􀀃Is􀀃a􀀃state􀀃storm􀀃water􀀃permit􀀃in􀀃place􀀃for􀀃this􀀃subdivision?􀀃Y___N___.􀀃􀀃Is􀀃 the􀀃required􀀃access􀀃easement􀀃readily􀀃accessible􀀃to􀀃the􀀃County􀀃Engineer?􀀃􀀃 Y___N___􀀃􀀃􀀃Has􀀃the􀀃permit􀀃been􀀃transferred􀀃to􀀃the􀀃HOA?􀀃Y___N____.􀀃􀀃􀀃If􀀃 yes,􀀃who􀀃is􀀃the􀀃neighborhood􀀃contact􀀃person􀀃for􀀃storm􀀃water􀀃maintenance􀀃 questions?__________________ __________________.􀀃If􀀃no,􀀃when􀀃do􀀃you􀀃 anticipate􀀃transferring􀀃this􀀃permit?􀀃______________.􀀃􀀃􀀃 14.􀀃Do􀀃the􀀃covenants􀀃inform􀀃owners􀀃that􀀃an􀀃addition􀀃of􀀃impervious􀀃areas􀀃 (home􀀃extensions,􀀃pouring􀀃of􀀃concrete􀀃pads,􀀃etc.)􀀃requires􀀃authorization􀀃by􀀃 the􀀃New􀀃Hanover􀀃County􀀃Engineer?􀀃Y___N___.􀀃 DRAFT􀀃 􀀃3􀀃|􀀃P a g e 􀀃 􀀃 15.􀀃If􀀃Low􀀃Impact􀀃Development􀀃practices􀀃have􀀃been􀀃utilized􀀃to􀀃satisfy􀀃county􀀃 requirements,􀀃do􀀃the􀀃covenants􀀃inform􀀃owners􀀃of􀀃their􀀃obligations􀀃to􀀃 maintain􀀃these􀀃disconnected􀀃facilities?􀀃Y__N__.􀀃􀀃If􀀃no,􀀃what􀀃other􀀃 mechanism􀀃has􀀃been􀀃distributed􀀃to􀀃inform􀀃owners􀀃of􀀃their􀀃obligation?􀀃 _________________________________________ __________________.􀀃 16.􀀃Is􀀃the􀀃subdivision􀀃connected􀀃to􀀃public􀀃water􀀃and/or􀀃sewer?􀀃􀀃Y___N___􀀃􀀃If􀀃 yes,􀀃CFPUA􀀃or􀀃other?􀀃____________.􀀃􀀃If􀀃no,􀀃has􀀃dry􀀃sewer􀀃been􀀃installed􀀃 and􀀃accepted􀀃by􀀃the􀀃appropriate􀀃authority?􀀃______.􀀃􀀃􀀃Who􀀃is􀀃responsible􀀃 for􀀃funding􀀃repairs􀀃or􀀃future􀀃upgrades􀀃to􀀃the􀀃water/sewer􀀃infrastructure?􀀃 _____________________________ ________________________________􀀃􀀃􀀃􀀃􀀃 17.􀀃Do􀀃the􀀃covenants􀀃inform􀀃owners􀀃of􀀃the􀀃restrictions􀀃or􀀃considerations􀀃 related􀀃to􀀃obstructions􀀃in􀀃easements􀀃or􀀃rights􀍲of􀍲way􀀃other􀀃t han􀀃roadways?􀀃 Y___N_____􀀃 18.􀀃Do􀀃the􀀃covenants􀀃inform􀀃owners􀀃that􀀃the􀀃possibilities􀀃or􀀃limitations􀀃for􀀃 future􀀃changes􀀃in􀀃zoning,􀀃subdivision,􀀃or􀀃character􀀃of􀀃the􀀃surrounding 􀀃area􀀃 is􀀃subject􀀃to􀀃current􀀃and􀀃future􀀃development􀀃rules􀀃adopted􀀃by􀀃New􀀃 Hanover􀀃County?􀀃Y____N_______􀀃􀀃 19.􀀃Does􀀃the􀀃development􀀃have􀀃a􀀃special􀀃use􀀃permit􀀃for􀀃a􀀃Communit y􀀃Boating􀀃 Facilities?􀀃Y___N___.􀀃If􀀃yes,􀀃what􀀃is􀀃the􀀃permit􀀃number?􀀃_________.􀀃􀀃Attach􀀃 a􀀃copy􀀃of􀀃the􀀃approved􀀃site􀀃plan􀀃and􀀃Order􀀃granting􀀃the􀀃special􀀃use􀀃permit.􀀃 Has􀀃the􀀃facility􀀃been􀀃installed?􀀃Y___N____.􀀃If􀀃no,􀀃who􀀃is􀀃responsible􀀃for􀀃 funding􀀃the􀀃installation?􀀃 ____________________________________________________.􀀃Do􀀃the􀀃 covenants􀀃clearly􀀃express􀀃that􀀃boat􀀃slips􀀃must􀀃remain􀀃associated􀀃with􀀃 individual􀀃lots􀀃and􀀃cannot􀀃be􀀃sold􀀃to􀀃persons􀀃outside􀀃the􀀃subdivision?􀀃 Y___N___.􀀃 20.􀀃Do􀀃the􀀃covenants 􀀃expressly􀀃inform􀀃the􀀃HOA􀀃that􀀃county􀀃authorization􀀃is􀀃 required􀀃prior􀀃to􀀃modifications􀀃to􀀃an􀀃approved􀀃plat,􀀃required􀀃item􀀃of􀀃 infrastructure,􀀃land􀀃use,􀀃or􀀃covenant􀀃associate d􀀃with􀀃these􀀃improvements?􀀃 Y____N____.􀀃􀀃 21.􀀃Would􀀃the􀀃developer􀀃or􀀃the􀀃neighborhood􀀃HOA􀀃like􀀃to􀀃meet􀀃with􀀃County􀀃 staff􀀃to􀀃discuss􀀃any􀀃of􀀃the􀀃items􀀃above?􀀃􀀃Y___N___.􀀃􀀃 􀀃If􀀃yes,􀀃please􀀃call􀀃910􀍲 798􀍲7165􀀃to􀀃arrange􀀃the􀀃meeting.􀀃 A-397 w/comments for PB Page 1 A-397 AMENDMENT TO THE ZONING ORDINANCE APPLICANT: STAFF The staff proposes the following changes to Article X in order to update or correct statutory references, to clarify administrative authorities and intent that reflects the merger between Planning & Inspections, to clarify roles, and to reposition or reiterate provisions as references in other sections of the ordinance in order to provide more complete information in appropriate locations. ARTICLE X: ADMINISTRATION AND ENFORCEMENT Section 100: Administration and Enforcement 100-1: The Inspections Planning and Inspections Director shall designate responsibility for administer administration and enforcement of this Ordinance. Such duties will be fulfilled by a trained and knowledgeable zoning administrator or compliance official who may delegate administrative or enforcement duties to zoning official(s). The Director may designate this duty to the Zoning Enforcement Officer. (11/2/87) 100-2: If the Building Inspector zoning administrator, or other zoning official shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions. 100-3: For penalties and procedures see Section 132 of this ordinance. Enforcement will be in accordance with the provisions of NCGS 153A-324 which states: (a) In addition to the enforcement provisions of this Article and subject to the provisions of the ordinance, any ordinance adopted pursuant to (Chapter 153A, Article 18) . . .may be enforced by any remedy provided by G.S. 153A-123. ((b) If the county is found to have illegally exacted a tax, fee, or monetary contribution for development or a development permit not specifically authorized by law, the county shall return the tax, fee or monetary contribution, plus interest of six percent (6%) per annum. Section 101: Building Permits or Zoning Permits 101-1: After the adoption of this Ordinance no new uses other than bona fide farms shall be established unless a building or zoning permit is applied for and issued approved by the Building Inspector zoning official. No permit shall be issued except in conformity Comment [j1]: Recognizes the combination of Planning & Inspections. Also acknowledges that the daily zoning duties will be assigned to persons knowledgeable in the practice. It stops short of saying they must be certified zoning officials but clarifies the intent that they are trained in the particulars of that duty. Comment [j2]: This is quoted from the NC General Statutes Comment [j3]: Some projects do not require building permits, but all uses require zoning authorization. A-397 w/comments for PB Page 2 with the provisions of this Ordinance, except after written order from the Board of Adjustment. Section 102: Application for Building Permit or Zoning Permit 102-1: All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building or alteration and evidence of New Hanover County Board of Health's approval of the sewage disposal system or commitment of sewer capacity from the Cape Fear Public Utilities Authority or a permitted private provider. The application shall include such other information as may be required by the Building Inspector zoning administrator including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Ordinance. 102-2: One copy of the plans shall be returned to the applicant by the Building Inspector zoning official after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. Should the Building Inspector zoning official disapprove an application for a building permit or zoning permit the reasons for disapproval shall be listed on the application. The second copy of the plans, similarly marked, shall be retained by the Building Inspector zoning administrator. 102-3: Each application for a building permit or zoning permit shall include information as to the location of applicable areas of Environmental Concern. Prior to the issuance of a building permit, the Building Inspector zoning administrator shall certify that the proposed structure or facility is in accordance with the State Guidelines for Areas of of Environmental Concern. (11/6/78) 102-4: In addition to satisfying the foregoing requirements, applications for building permits in Performance Residential and High Density development shall include duplicate copies of an approved site plan meeting requirements of Section 69.2 of this Ordinance. (See Sections 51.5-3 and 69.4 for more information about Performance Residential development or High Density development.) Sec. 51.5-3: The Technical Review Committee TRC shall meet with Planning staff to review the plans as submitted. Upon review and consultation with the Committee members the Technical Review Committee shall either approve or deny the preliminary plan of a performance residential proposal. TRC meetings shall be scheduled every two weeks as necessary. Disapproval letters shall specify the reasons for disapproval. Conditional approvals may not be granted. Disapproved plans shall be returned to the applicant. Approved plans shall be forwarded to the Building Comment [j4]: Recognizes the role of CFPUA Comment [j5]: The zoning administrator supervising the daily work of the zoning officials, so different terms are used her appropriately. Comment [j6]: This section has been buried in the back of the ordinance and often overlooked by developers. By separating the statement into 2, making a reference here, and moving the sections to more visible locations, the public will be better served. A-397 w/comments for PB Page 3 Inspector zoning administator to be processed under the requirements of Section 102. (3/22/82) (4/6/87) (8/02) Revisions for Performance Residential and High Density Development shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and/or sold. (7/02) Sec. 69.4(15): The Technical Review Committee (TRC) shall meet with Planning staff to review plans for high density projects as submitted. Upon review and consultation with among Committee members, the TRC shall either approve or deny the proposed site plan. TRC meetings shall be scheduled every two weeks as necessary. Disapproval letters shall specify the reasons for disapproval. Special use permits are required for high density projects. Revisions for Performance Residential and High Density Development shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and/or sold. (7/02) 102-5: If the use is located within a COD and performance controls are required under Section 59.4, an application plan for a building or zoning permit shall include information as to the types, boundaries, areas, and required setbacks for all conservation resource areas. Information concerning these areas is available at the County Planning Department. The applicant shall obtain a letter of verification from the Planning Department that the conservation resource areas are accurately mapped on the application plan. 102-6: If a building permit or zoning permit is applied for a use within a COD and if required by Section 59.4-5, a drainage plan and calculations meeting the design standards shall be submitted to the County Engineer for approval. The County Engineer shall analyze the plan in accordance with the applicable regulations and provide a written response approving or disapproving the plan within three working days of its receipt of the plan. Disapproved plans shall be forwarded to the applicant. Approved plans shall be forwarded to the Building Inspector to be processed under the requirements of Section 102. Section 103: Expiration of Building Permit 103-1: If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the Building Inspector and written notice thereof shall be given to persons affected. Comment [j7]: These would be the statements added to the appropriate sections. Comment [j8]: This citation and 102-6 should be added to the COD section of the ordinance. Again, because the information is currently buried in the 􀁅􀁄􀁆􀁎􀀃􀁚􀁋􀁈􀁕􀁈􀀃􀁐􀁒􀁖􀁗􀀃􀁓􀁈􀁒􀁓􀁏􀁈􀀃􀁇􀁒􀁑􀂶􀁗􀀃􀁏􀁒􀁒􀁎􀀑 A-397 w/comments for PB Page 4 103-2: If after commencement, the work is discontinued for a period of twelve (12) months, the permit therefore shall immediately expire and be cancelled by the Building Inspector and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. Section 104: Building Permit or Zoning Permit for New or Altered Uses 104-1: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a building permit or zoning permit shall have been issued approved therefore by the Building Inspector zoning official stating that the proposed use of the building or land conforms to the requirements of this Ordinance. 104-2: No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a building permit or zoning permit. The permit shall be issued in conformity with the provisions of this Ordinance upon completion of the work. 104-3: A temporary building permit may be issued approved by the Building Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion. A temporary building zoning permit may be issued approved by the Building Inspector zoning official for a period not exceeding one (1) month for bazaars, carnivals, religious revivals, sideshows, concerts, or sporting events. Such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public, as well as the concurrence of the airport authority for these uses in the A-I district. (3/12/01) 104-4: The Building Inspector and Zoning Administrator shall maintain a record of all building and zoning permits and a monthly summary of all permits issued shall be made available to the public. 104-5: Failure to obtain a building permit or zoning permit, as applicable, shall be a violation of this Ordinance and punishable under Article XIII, Section 132 of this Ordinance. Section 105: Construction and Use to be Stated on Building Permits 105-1: Building Permits issued on the basis of plans and applications approved by the Building Inspector and zoning official authorize only the use, arrangements, and construction set forth in such approved plans and applications. Use, arrangements, or construction at variance with that authorized shall be deemed a violation of this Ordinance and punishable as provided in Article XIII, Section 132. A-397 w/comments for PB Page 5 Section 106: Right of Appeal 106-1: If the building permit is denied, the applicant may appeal the action of the Building Inspector zoning official to the Board of Adjustment. Section 107: Certificate of Occupancy 107-1: No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the Building Inspector has issued a Certificate of Occupancy therefore. A temporary Certificate of Occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. 107-2: Application for a Certificate of Occupancy may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this Ordinance and appropriate regulatory codes of the County for the occupancy intended. The Building Inspector shall issue a Certificate of Occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of the Ordinance and appropriate regulatory codes of the County for the occupancy intended. 107-3: A Certificate of Occupancy shall not be issued for any dwelling unit in a Performance Residential, High Density Development, or Planned Development until such time as a homeowners association meeting the requirements of Section 69-3 of this Ordinance has been established, and the necessary documents recorded at the Register of Deeds. (8/20/84) 107-4: Certificates of Occupancy for Performance Residential Developments, High Density development and Planned Development shall not be issued until one of the following conditions has been complied with: (1) Completion of all improvements required by this Ordinance. (2) A bond or certified check has been posted. (3) An irrevocable letter of credit has been posted. (3/22/82) Section 108: Duties of Building Inspector, Zoning Administrator, Board of Adjustment, Courts and County Commissioners as to Matters of Zoning Appeal 108-1: It is the intention of this Ordinance that all questions arising in connection with the enforcement of this Ordinance shall be presented first to the Inspections Director of Planning & Inspections or when so delegated to the Zoning Enforcement Official and that such questions shall be presented to the Board of Zoning Adjustment only on Comment [j9]: This section is appropriately placed here but should be referenced in 51.5-2 Performance Residential to provide thorough information. Comment [j10]: Just adds the appropriate zoning references instead of building inspector. A-397 w/comments for PB Page 6 appeal from the Inspections Director of Planning & Inspections or Zoning Enforcement Official; and that from the decision of the Board of Adjustment recourse shall be to the courts as provided by law. (11/2/87) 108-2: It is further the intention of this Ordinance that the duties of the County Commissioners in connection with the Ordinance shall not include the hearing and passing of disputed questions that may arise in connection with the enforcement thereof, but only considering and passing upon any proposed amendment or repeal of the Ordinance. Section 109: Vesting Rights and Development Agreements 109-1: Vesting Rights Any site specific development plan approved by the County pursuant to this Ordinance shall terminate as follows: (a) at the end of the applicable vesting period with respect to building and uses for which no valid building permit applications have been filed. (b) with the written consent of the affected landowner; (c) following recommendations by the Planning Planning Board and upon findings by County Commissioners, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan; (d) upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the County, together with interest thereon at the legal rate until paid. Compensation shall not include any diminution in the value of the property which is caused by such action; (e) following recommendation of the Planning Board and upon findings by the County Commissioners, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or (f) upon the enactment or promulgation of a State or Federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in State or Federal law has a fundamental effect on the plan, by ordinance after notice and a hearing. (10/7/91) Comment [j11]: These items do not have individual reference numbers under 109 in the current ordinance. Simply adding 109-1 and 109-2. A-397 w/comments for PB Page 7 109-2: Development Agreements In addition to the requirements of this Ordinance and as provided in NCGS 153A-379 Part 3A, the County Commissioners after conducting a pubic hearing may enter into private development agreements. These development agreements may require a commitment of public and private resources for large scale projects. Such projects must contain at least 25 acres or more exclusive of wetlands, mandatory buffers, and other portions of the property precluded from development. In entering into such agreements, the County may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. (1/06) ACTION NEEDED: (1) Approve as recommended (2) Approve with changes (3) Continue for further information (4) Deny the amendment A-398 with comments for PB Page 1 A-398 AMENDMENT TO THE ZONING ORDINANCE APPLICANT: STAFF The staff proposes the following changes to Article XIII in order to clarify and update administrative authorities; to clarify intent that reflects the merger between Planning & Inspections, and to codify the systematic procedure for enforcing violations of the ordinance. ARTICLE XIII LEGAL PROVISIONS Section 130: Provisions of Ordinance Declared to be Minimum Requirements The provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted regulations, the most restrictive or that imposing the higher standards, shall govern. Section 131: Complaints Regarding Violations Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the the causes and basis thereof shall be filed with the Building Inspector zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance. Section 132: Enforcement of Ordinance This ordinance may be enforced by any one or more of the remedies authorized by G. S. S153A-123, including but not limited to the following: 132-1: Violation of this ordinance subjects the offender to a civil penalty of one hundred dollars ($100.00) for a first offense, three two hundred dollars ($300.00 $200) for a second offense, and five three hundred dollars ($500.00 $300) for a third and subsequent offense to be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty to the county Finance Office within ten (10) fifteen (15) calendar days after the offender has been cited for a violation. Violation of this ordinance shall result only in civil penalties and/or civil action set forth herein and shall not entail criminal sanctions. (1/5/98) 132-1.1: Enforcement Procedure (A) Upon observation or reporting of an alleged violation, the zoning official shall investigate the case and make a determination as to whether a violation has occurred in accordance with Section 100-2 of this ordinance. If the zoning official determines that there is a violation, a notice of violation shall be issued to the owner and/or occupant by certified or registered mail as well as Comment [j1]: Slightly reduces the penalties for recurring offences so that violations will not exceed the small claims court limits within the 15 days given to pay the penalty. Comment [j2]: 15 days is consistent with the general code of ordinances that Finance follows. A-398 with comments for PB Page 2 first class mail to his last known address, or by personal service or by posting notice of the violation conspicuously on the property: (1) That the land, building, sign, structure or use is in violation of this ordinance; (2) The nature of the violation, and citation of the section of this ordinance violated; and (3) The measures necessary to remedy the violation. (B) If a land use is commenced without proper zoning authorization, the zoning official shall instruct the owner or occupant in writing to immediately cease the unauthorized use and apply for appropriate permits or authorizations prior to resumption of the use. (C) Any owner and/or occupant who has received a Notice of Violation may appeal in writing the decision of the zoning official to the Board of Adjustment in accordance with Section 121-1 of this ordinance. If the Board of Adjustment shall affirm that the owner and/or occupant is in violation of the ordinance, it shall make an order in writing to the owner and occupant affirming the violation and ordering compliance. In the absence of an appeal, the remedies and penalties sought by the zoning official shall be final. (D) Except in the case of an order to cease a land use, if a violation is corrected within three (3) days of the date of notice of violation, no penalty will be levied. However, if the same violation recurs within the same year, it will be considered the second offense and penalties will be levied each day as outlined in Sec. 132-1. (E) If there is no approved plan in place for corrective action within three (3) days of the date of notice of violation, penalties will accrue as described above, and the first day of violation will be the date on the notice of violation. The zoning official may approve a plan for corrective action with specific benchmarks and continuous progress when the nature of the violation merits such a plan. The plan shall be binding on the violator and shall be in writing and included in the case file. (F) After the violation has been remedied, iIf penalties accrue to a sum over $5,000, owners and/or occupants may request consideration of an alternative equitable settlement of penalties through the office of the County Manager. A letter of justification and approval shall be included in the case file when penalties are reduced. (G) The zoning official may withhold or deny any permit, certificate, occupancy, or other form of authorization on any land, building, sign, structure, or use in which there is an uncorrected violation. 132-2: This ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. 132-3: This ordinance may be enforced by injunction, order of abatement, or both, as provided in G. S. 153A-123(e). 132-4: Each day􀂶s continuing violation of the ordinance is a separate and distinct offense. Comment [j3]: This adds posting the notice on the property in addition to mailings and personal service so that refusal of service does not avoid the citation. Comment [j4]: Makes explicit that one cannot operate without proper permits. Comment [j5]: Same as current practice but expressed more thoroughly. Comment [e6]: If not possible to remedy in three days they can seek plan for corrective action. Comment [j7]: No actual fines unless compliance has been ignored. Comment [e8]: Confirmed by JDL, 15 days of violation = $4200, just under amount for small claims. Comment [j9]: Hopefully fines will not accrue to exorbitant amounts, but management can reduce if appropriate and justifiable. Comment [j10]: Makes explicit the process we already follow. A-398 with comments for PB Page 3 Section 133: Approval of the New Hanover County Health Department or Cape Fear Public Utility Authority The Building Inspector shall not issue a building permit for any structure which requires the New Hanover County Health Department's or the Cape Fear Public 􀀸􀁗􀁌􀁏􀁌􀁗􀁜􀀃􀀤􀁘􀁗􀁋􀁒􀁕􀁌􀁗􀁜􀂶􀁖 approval for the installation of a sewage disposal system until such approval has been granted by the New Hanover County Health Department or the Cape Fear Public Utility Authority. Evidence of approval shall accompany the application for a building permit. Section 134: Separability Clause Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. Section 135: Owner's Responsibility Any failure to comply with a requirement, prohibition, or limitation imposed by the provisions of this ordinance, or the terms and conditions of any permit or other authorization granted pursuant to this ordinance, shall constitute a violation of this ordinance One or more of the following responsible parties may be held responsible for a violation of this ordinance and be subject to the remedies and penalties provided in this Section: A. A contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this ordinance, and B. An owner of the property, on which a violation of this ordinance occurs, and any tenant or occupant of that property who has control over, or responsibility for, its use or development. However, violations by tenants shall subject the owner only to civil penalties and/or civil action set forth in Sections 132-2 through 132-5 of this Ordinance and G.S. §153A-123(a), (c), (d), (e), (f), and (g), and said owner shall not incur criminal penalties for violations by his tenants. This owner's responsibility provision shall in no way relieve any tenant from liability for any violations of this ordinance. (1-03-89) The owner of every premise shall be responsible and liable for the actions of his tenants of which the owner has knowledge when such actions violate this ordinance. A letter from the Zoning Enforcement Officer enumerating tenant violation or a copy of a prior citation issued to tenant shall be provided landlord to give actual notice of the existence of a zoning violation. Thereafter, such violation by his tenants shall result in owner responsibility under the ordinance. However, violations by his tenants shall subject the owner only to civil penalties and/or civil Comment [j11]: Adds CFPUA. They also approve AquaNC systems. Comment [j12]: Follows the lead of other locations and makes explicit the current practice. A-398 with comments for PB Page 4 action set forth in Sections 132-2 through 132-5 of this Ordinance and G.S. §153A-123(a), (c), (d), (e), (f), and (g), and said owner shall not incur criminal penalties for violations by his tenants. This owner's responsibility provision shall in no way relieve any tenant from liability for any violations of this ordinance. (1-03-89) Section 136: Effective Date This Ordinance shall take effect and be in full force from and after its adoption by the County Commissioners of the County of New Hanover, North Carolina, this the 15th day of October, 1969. Subsequent revisions will take effect as adopted. ACTION NEEDED: (1) Approve as submitted (2) Approve with changes (3) Continue for further information (4) Deny the amendment A-399 PB Version Page 1 A-399 AMENDMENT TO THE ZONING ORDIANANCE APPLICANT: Staff All changes in this section simply replace the reference of Building Inspector to zoning administrator. ARTICLE XII: BOARD OF ADJUSTMENT Section 120: Creating the Zoning Board of Adjustment 120-1: The New Hanover County Board of Commissioners shall provide for the appointment of the New Hanover County Board of Adjustment (hereinafter called the Board). Insofar as possible, members of the Board shall be appointed from different areas within the County's zoning jurisdiction. In the event that less than the entire County is zoned, at least one (1) resident of each area which is zoned shall be appointed to the Board; however, the Board shall consist of a minimum of five (5) members. Insofar as possible, initial appointment to the Board shall be as follows: one-third (l/3) for a term of (3) years; one-third (l/3) for a term of two (2) years; and one-third (l/3) for a term of one (1) year. Two (2)or more alternates may be appointed for a term of three (3)years. (4/1/96) Vacancies shall be filled for the unexpired term only. Members of the Board of Adjustment may be removed for cause by the County Commissioners upon written charges and after public hearing. 120-2: Meetings -The Board shall elect one (1) of its members as Chairman and another as Vice Chairman who shall serve one (1) year. The Building Inspector zoning administrator shall serve as secretary to the Board of Adjustment. The Board shall draw up and adopt the rules of procedure under which it will operate. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keep records of its examination and any other official action. ((3/7/83) Section 121: Filing and Notice for an Appeal 121-1: Appeals from the enforcement and interpretation of this Ordinance and appeals for variances may be taken to the Board of Adjustment by any person aggrieved or by any office, department, board or bureau of the County affected. Notice of an appeal to the Board of Adjustment shall be filed with the Building Inspector zoning administrator. An appeal stays all proceedings in furtherance of action appealed from, unless the Building Inspector zoning administrator files a Certificate stating that by reasons of facts stated in the Certificate a stay would, in his opinion, interfere with enforcement of the Ordinance because the violation is A-399 PB Version Page 2 transitory in nature, or would cause imminent peril to life and property. The Building Inspector zoning administrator shall have one (l) copy of said certificate delivered by registered mail or by personal service to the appellant and to each member of the Board within ten (10) calendar days from the date the appeal is filed with the Building Inspector. zoning administrator. The Certificate shall also be placed on file in the Office of the Building Inspector zoning administrator for public inspection and recorded in the minutes of the next meeting of the Board. Where said Certificate is filed by the Building Inspector, zoning administrator, proceedings in furtherance of the original order shall not be stayed otherwise than by restraining order which may be granted by a court of record within New Hanover County. (3678) 121-2: Hearing of the Appeal -After receipt of notice of an appeal, the Board Chairman shall schedule the time for a hearing, which shall be at a regular or special meeting. 121-3: Notice -At least one (1) week prior to the date of the hearing, the Building Inspector zoning administrator shall furnish all adjoining property owners with written notice of the hearing. Notice of Public Hearing shall be published once a week for two (2) successive calendar weeks in the local newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of public hearing. 121-4: Fees for Appeal Variances -A fee to be established by the County Commissioners shall be paid to the County of New Hanover, North Carolina to cover necessary administrative costs and advertising expenses. (8/2/82) Section 122: Powers and Duties 122-1: The Zoning Board of Adjustment shall have the following powers and duties: (1) To hear and decide appeals where it is alleged by the appellant that there is error in any decision made by the Building Inspector zoning administrator or other administrative officials in the carrying out or enforcement of any provision of the Ordinance. A concurring vote of four-fifths (4/5) of the members of the Board shall be necessary to reverse, wholly, or partly, any such decision. Vacant seats and disqualified members are not considered in calculating 4/5 votes. (2/6/06) (2) To authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No change in permitted uses may be authorized by variance. (2/6/06) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. A concurring vote of four-fifths (4/5) of the members of the Board shall be A-399 PB Version Page 3 necessary to grant a variance. A variance from the terms of this Ordinance shall not be granted by the Board unless and until the following findings are made: (3/7/83) (A) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance; (B) That the variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit; (C) In granting the variance, the public safety and welfare have been assured and substantial justice has been done. To assist in following those guidelines, the Board of Adjustment shall use the variance order procedures outlined in the following form: A-399 PB Version Page 4 COUNTY OF NEW HANOVER, NORTH CAROLINA ORDER GRANTING /DENYING A VARIANCE The Board of Adjustment for the County of New Hanover, having held a public hearing on (date) to consider application number, submitted by (name of applicant), a request for a variance to use the property located at (address of property) in a manner not permissible under the literal terms of the ordinance, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS; 1. It is the Board's CONCLUSION that, if the applicant complies with the literal terms of the ordinance, specifically section(s), _______________________ he (can/cannot) secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACT: ____________________________________________________________________________ 2. It is the Board's CONCLUSION that the hardship of which the applicant complains (results/does not result) from unique circumstances related to the applicant's land. This conclusion is based on the following FINDINGS OF FACT: ____________________________________________________________________________ 3. It is the Board's CONCLUSION that the hardship is not the result of the applicant's own actions. This conclusion is based on the following FINDINGS OF FACT: ____________________________________________________________________________ 4. It is the Board's CONCLUSION that, if granted, the variance (will/will not) be in harmony with the general purpose and intent of the ordinance and (will/will not) preserve its spirit. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: ____________________________________________________________________________ 5. It is the Board's CONCLUSION that, if granted, the variance (will/will not) secure the public safety and welfare and (will/will not) do substantial justice. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: ____________________________________________________________________________ THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE be (GRANTED/DENIED), subject to the following conditions: ____________________________________________________________________________ Ordered this ___ day of __________________, 20___. _____________________________ ____________________________________ Chairman Secretary to the Board NOTE: If you are dissatisfied with the decision of this Board, an appeal may be taken to the Superior Court of New Hanover County within 30 days after the date this order is served on you. See Section 123-1 of the Zoning Ordinance. (1/4/93) A-399 PB Version Page 5 Section 123: Appeal from the Zoning Board of Adjustment 123-1: An appeal from the decision of the Zoning Board of Adjustment shall be subject to review by the Superior court by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after the decision of the Board is filed in the Office of the Clerk to the Board, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the Clerk or Chairman of the Board at the time of the hearing of the case, whichever is later. (3/7/83)