1987-03-23 RM Exhibits
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APRIL 3, /978
AS AMENDED
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TABLE OF CONTENTS
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ENACTMENT AND AUTHORITY . . . . . . . . . . . . . . . . . 1
ARTICLE I: TITLE AND GENERAL PROVISIONS . . . . . . . . . 1
Section 1 Title . . . . . . . . . . . . . . . . . 2
^c Section 2 Jurisdiction 2
. . . . . . . . . . . . . .
Section 3 Basis for Flood Hazard Establishment . . 2
Section 4 Permit Procedures . . . . . . . 2
Section 5 Compliance . . . . . . . . . . . . . . . 3
Section 6 Abrogation and Greater Restrictions 3
Section 7 Interpretation . . . . . . . . . . . 3
Section 8 Warning and Disclaimer of Liability 3
Section 9 Penalties for Violation . . . . . . 3
Section 10 Amendments . . . . . . . . . . . . 4
Section 11 Separability . . . . . . . . . . . . . 4
ARTICLE II: DEFINITIONS
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4
ARTICLE III:
ADMINISTRATION AND ENFORCEMENT .
8
Section 1
Section 2
Section 3
Section 4
Administration and Enforcement
Duties and Responsibilities . . .
Permit Procedure . ...
Variance Procedure . . . . . .
8
. . . 8
9
. 10
ARTICLE IV: PROVISIONS FOR FLOOD PLAIN MANAGEMENT
12
Section 1
Section 2
Section 3
Section 4
General Conditions . . . . . . . . .
Specific Conditions . . . . . . . .
Standards for Shallow Area Flooding
Standards for Subdivision Proposals
12
. . 12
. . 17
. . 17
ARTICLE V VALIDATION AND ADOPTION . . . . . . . . . . . 18
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF NEW HANOVER COUNTY
REGULATING DEVELOPMENT
WITHIN AREAS OF SPECIAL FLOOD HAZARD
OF NEW HANOVER COUNTY
NORTH CAROLINA
as amended July 3, 1978,
March 1, 1987
February 15, 1988
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ENACTMENT AND AUTHORITY:
AN ORDINANCE ESTABLISHING REGULATIONS FOR DEVELOPMENT
WITHIN AREAS OF SPECIAL FLOOD HAZARD FOR NEW HANOVER COUNTY,
NORTH CAROLINA, AND PROVIDING FOR ADMINISTRATION,
ENFORCEMENT AND AMENDMENT THEREIN, IN ACCORDANCE WITH THE
PROVISIONS OF THE NORTH CAROLINA GENERAL STATUTES, CHAPTER
143, ARTICLE 21, PART 6, INCLUSIVE.
WHEREAS, the U. S. Department of Housing and Urban
Development through its Federal Insurance Administration has
established minimum criteria for New Hanover County to adopt
adequate flood plain management regulations for compliance
with the Regular Flood Insurance Program; and,
WHEREAS, New Hanover County must adopt minimum
regulations in compliance with the Federal Insurance
Administration standards for the continuation of Federal
flood insurance availability to its citizens; and,
WHEREAS, the Board of County Commissioners of New
Hanover County, as findings of fact, has determined that
certain areas of New Hanover County are subject to periodic
inundation which may result in loss of life and property,
disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all,of which
adversely affect the public health, safety, and general
welfare; and,
WHEREAS, the Board of County Commissioners hereby
confirms that the intent of this Ordinance is to promote the
public health, safety and general welfare with measures
designed to minimize private and public losses of life,
property, commerce and services from the hazards of floods;
and,
WHEREAS, The Board of County Commissioners has given
due public notice of hearings related to the Flood Plain
Management Regulations, and has held such public hearings;
and,
WHEREAS, all requirements of the General Statutes of
North Carolina have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
CO~~ISSIONERS OF NEW HANOVER COUNTY AS FOLLOWS:
ARTICLE I. TITLE AND GENERAL PROVISIONS
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Section 1. Title This Ordinance shall be known as the Flood
Plain Management Regulations of New Hanover County, North
Carolina, and may be referred to as the Flood Plain
Management Regulations.
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Section 2. Jurisdiction On and after April 17, 1978, these
Regulations as amended shall govern each and every
development within areas of special flood hazard lying
within the regu~atory jurisdiction of New Hanover County.
Section 3. Basis for Establishing the Areas of Special Flood
Hazard The areas of special flood hazard identified by the
Federal Insurance Administration in its Flood Hazard
Boundary Maps (FHBM), #370168-0050A, 370168B-0075A and
370168-00100A, dated effective as of April 17, 1978 and any
revisions thereto are adopted by reference and declared to
be a part of this Ordinance; or the areas of special flood
hazard identified by the Federal Insurance Administration
through a scientific and engineering report entitled "The
Flood Insurance Study for New Hanover County, North
Carolina," dated April 17, 1978, with accompanying Flood
Insurance Rate Maps and Flood Boundary and Floodway Maps and
any revision thereto are hereby adopted by reference and
declared to be a part of this Ordinance.
Section 4. Permit Procedures All new construction,
improvements, reconstruction or alterations to land and
buildings must receive clearance prior to such activity as
outlined below:
A. Clearance for Structures
1. Approval or disapproval in accordance with these
Regulations shall be given by the Building
Inspector at the time of issuance of the building
permit for any new construction, improvements,
reconstruction or alterations for buildings,
dwellings or structures.
2. The Building Inspector shall apply a stamp of
clearance to all building permits that indicates
one of the following:
(a) The proposed structure is within a flood prone
area as designated by the herein referenced
maps and complies with the standards of this
Ordinance;
(b) The proposed structure is not within a flood
prone area as designated by the herein
referenced maps and is exempted from the
standards of this Ordinance.
3. The Building Inspector shall place his signature
and note the date to said stamp as official
certification of the property in question.
4. Nothing in this Section shall supersede Article
III., Section 3. and the requirements therein.
B. Clearance for Development other Than Structures
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1. The county Engineer shall certify all other
construction, improvements or reconstruction other
than what is authorized by the building permit
issued by the Building Inspector as being in
conformance with the requirements of this
Ordinance.
2. The County Engineer shall certify these
improvements to the land in the same manner
provided in Section 4., A. of this Article.
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Section 5. Compliance No structure shall be located,
extended, converted or structurally altered and no land
shall be developed as of the effective date of this
Ordinance without full compliance with the terms of this
Ordinance and other applicable regulations.
Section 6. Abrogation and Greater Restrictions This
Ordinance is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions.
However, where this Ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions
shall prevail.
Section 7. Interpretation In the interpretation and
application of this Ordinance all provisions shall be
considered as minimum requirements and deemed neither to
limit nor repeal any other powers granted under State
Statutes.
section 8. Warning and Disclaimer of Liability The degree
of flood protection required by this Ordinance is considered
reasonable for regulatory purposes and is based on
scientific and engineering considerations provided by the
Federal Insurance Administration. Larger floods can and
will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This Ordinance
does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from
flooding or flood damages. This Ordinance shall not create
liability on the part of New Hanover County or by any
officer or employee thereof for any flood damages that
result from reliance on this Ordinance or any administrative
decision lawfully made thereunder.
Section 9. Penalties for Violation Violation of the
provisions of this Ordinance or failure to comply with any
of its requirements, including violation of conditions and
safeguards established in connection with grants or variance
or special exceptions, shall constitute a misdemeanor. Any
person who violates this Ordinance or fails to comply with
any of its requirements shall, upon conviction thereof, be
fined not more than fifty dollars ($50.00) or imprisoned for
not more than thirty (30) days. Each ten (10) days such
violation continues, following written notice of such
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violation from New Hanover County, shall be considered a
separate offense. Nothing herein contained shall prevent
New Hanover County from taking such other lawful action as
is necessary to prevent or remedy any violation.
Section 10. Amendments The Board of County Commissioners
of New Hanover County may, from time to time, amend these
Regulations, but no amendment shall become effective unless
it has been proposed by, or has been submitted to, the State
Coordinating Agency and the Federal Insurance Administration
for review and approval.
Section 11. Separability Should any section or provision
of this Ordinance be declared by the courts to be
unconstitutional or invalid,such declaration shall not
affect the Ordinance as a whole, or any part thereof, other
than the part so declared to be unconstitutional or invalid.
ARTICLE II. DEFINITIONS
Section 1. General Unless specifically defined below,
words or phrases used in this Ordinance shall be interpreted
so as to give them the meaning they have in common usage and
to give this Ordinance its most reasonable application.
Section 2. Definitions
a. Appeal - means a request for a review of the Building
Inspector's interpretation of any provision of this
Ordinance or a request for a variance.
b. Area of shallow flooding - means a designated AO or VO
Zone on the County's Flood Insurance Rate Map (FIRM)
with base flood depths from one (1) to three (3) feet
where a clearly defined channel does not exist, where
the path 'of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
c. Area of special flood hazard - is the land in the flood
plain within the County subject to a one percent (1%)
or greater chance of flooding in any given year.
d. Base flood - means the flood having a one percent (1%)
chance of being equaled or exceeded in any given year.
e. Board of Adjustment - means the New Hanover County
Board of Adjustment charged with the responsibility of
hearing and deciding appeals and requests for variances
from the requirements of this Ordinance.
f. Breakaway walls - mean any type of walls, whether solid
or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable
building material, which are not part of the structural
support of the building and which are so designed as to
breakaway, under abnormally high tides or wave action,
without damage to the structural integrity of the
building on which they are used or any buildings to
which they might be carried by flood waters.
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g. Building - see definition of "structure."
h. Building Inspector - means the Building Inspector of
New Hanover County, North Carolina charged with the
responsibility of administering and implementing this
Ordinance in compliance with the provisions as
contained herein.
1. Coastal high hazard area - means the area subject to
high velocity waters, including, but not limited to,
hurricane wave wash or tsunamis. The area is
designated on a FIRM as Zone Vl-30.
j. County - means New Hanover County, North Carolina, a
political subdivision of the State of North Carolina.
k. Development- means any man-made change to improved or
unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging,
filling; grading, paving, excavation or drilling
operations. Development shall not be construed or
interpreted to include any bona fide farming
activities.
1. Existing manufactured home park or manufactured home
subdivision - means a manufactured home park or
manufactured home subdivision, as defined herein, for
which the construction of facilities for servicing the
lot on which the manufactured home is to be affixed
(including, at a minimum, the installation of
utilities, either final site grading or the pouring of
concrete pads, and the construction of streets) has
been completed before the effective date of this
Ordinance.
m. Expansion to an existing manufactured home park or
manufactured home subdivision - means the preparation
of additional sites by the construction of facilities
for servicing the lot on which the mobile homes are to
be affixed (including the installation of utilities,
either final site grading or pouring of concrete pads,
or the construction of streets).
n. Flood or flooding - means a general and temporary
condition of partial or 60mplete inundation of normally
dry land areas from the overflow of inland or tidal
waters and/or the unusual and rapid accumulation or
runoff of surface waters from any source.
o. Flood Hazard Boundary Map (FHBM) - means an official
map of a community, issued by the Federal Insurance
Administration, where the boundaries of the areas of
special flood hazard have been designated as Zone A.
p. Flood Insurance Rate Map (FIRM) - means an official map
of a community on which the Federal Insurance
Administration has delineated both the areas of special
flood hazard and the risk premium zones applicable to
the community.
q. Flood Insurance Study - is the official report provided
by the Federal Insurance Administration. The report
contains flood profiles, as well as the Flood Hazard
Boundary-Floodway Map and the water surface elevation
of the base flood.
r. Flood plain or flood prone area - means any land
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susceptible to being inundated by water from any
source.
s. Floodway - means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one (1) foot.
t. Lowest Floor - the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood
resistant enclosure usable solely for parking of
vehicles, building access or storage, in an area other
than a ba~ement area is not considered a building's
lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the
applicable non~elevation design requirements of this
ordinance.
u. Mean sea level - means the average height of the sea
for all stages of the tide.
v. Manufactured home - a structure transportable in one or
more sections, which is built on a permanent chassis
and is designed for use with or without a permanent
foundation when connected to the required utilities.
For flood plain management purposes, the term
"manufactured home" also includes park trailers, travel
trailers: and other similar vehicles placed on a site
for greater than 180 consecutive days. For insurance
purposes"the term "manufactured home" does not include'
park trailers, travel trailers and other similar
vehicles.
w. Manufactured home park - means a parcel (or contiguous
parcels) of land on which three (3) or more
manufactured home spaces have been designated for
rental purposes.
x. Manufactured home subdivision - a parcel (or contiguous
parcels) of land divided into two (2) or more
manufactured home lots for sale.
y. New construction - means structures for which the
"start of construction" commenced on or after the
effective date of this Ordinance.
z. New manufactured home park or manufactured home
subdivision - means a manufactured home park or
manufactured home subdivision, as defined herein, for
which the construction of facilities for servicing the
lot on which the manufactured home is to be affixed
(including, at a minimum, the installation of
utilities, either final site grading or the pouring of
concrete pads, and the construction of streets) will be
completed on or after the effective date of this
Ordinance.
aa. Sand dunes - means naturally occurring accumulations of
sand in ridges or mounds landward of the beach.
bb. Special flood hazard area - means an area having
special flood or flood-related hazards as shown on the
County's Flood Hazard Boundary Map (FHBM) or Federal
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Insurance Rate Map (FIRM).
cc. Start of construction - means the first placement of
permanent construction of a structure (other than a
manufactured home) on a site, such as the pouring of
slabs or footings or any work beyond the stage of
excavation, including the relocation of a structure.
Permanent construction does not include the
installation of streets and/or walkways; nor does it
include excavating for a basement, footings, piers or
foundations, or the erection of temporary forms; nor
does it include the installation on the property of
accessory buildings, such as garages or sheds not
occupied as dwelling units or not as part of the main
structure. For a structure (other than a manufactured
home) without a basement or poured footings, the "start
of construction" includes the first permanent framing
or assembly of the structure or any part thereof on its
piling or foundation. For manufactured homes not
within a manufactured home park or manufactured home
subdivision, "start of construction" means the affixing
of the manufactured home to its permanent site. For
manufactured homes within manufactured home parks or
manufactured home subdivisions, "start of construction"
means the affixing of the manufactured home to its
permanent site, and/or the date on which the
construction of facilities for servicing the site
(including, at a minimum, the construction of streets,
either final site grading or the pouring of concrete
pads, and the installation of utilities) is completed.
dd. Structure - means a walled and roofed building that is
principally aboveground, as well as a manufactured
home.
ee. Substantial improvement - means, for a structure built
prior to the enactment of this Ordinance, any repair,
reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty percent (50%) of the
market value of the structure either before the
improvement or repair is started or if the structure
has been damaged and is being restored, before the
damage occurred. For the purposes of this definition
"substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or
other structural part of the building commences,
whether or not that alteration affects the external
dimensions of the structure. The term does not,
however,' include either any project for improvement of
a structure to comply with existing State or local
health, ,sanitary or safety code specifications which
are solely necessary to assure safe living conditions,
or any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of
Historic Places.
ff. Variance - is a grant of relief to a person from the
requirements of this Ordinance which permits
construction in a manner otherwise prohibited by this
Ordinance where specific enforcement would result in
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unnecessary hardship.
ARTICLE III. ADMINISTRATION AND ENFORCEMENT
Section 1. Administration and Enforcement. The Building
Inspector and/or the County Engineer, as provided in Article
I., Section 4., shall administer and enforce the provisions
of this Ordinance. He may be provided with assistance of
such other persons as he deems necessary in order to
adequately carry out the administration and enforcement of
this Ordinance.
Section 2. Duties and Responsibilities The duties of the
Building Inspector and/or County Engineer, as provided in
Article I., Section 4., shall include, but not be limited
to:
a. Review all development permits to assure that the
permit requirements of this Ordinance have been
satisfied.
b. Advise permittee that additional permits, as mandated
by Federal or State law, may be required, and if
specific permits are known, require that copies of such
permits be provided and maintained on file with the
development permit prior to the issuance of said
permit.
c. Notify adjacent communities, if applicable, and the
North Carolina Department of Natural Resources and
Community Development as to any alteration or
relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance
Administration.
d. Assure that maintenance is provided within any altered
or relocated portion of a watercourse so that the flood
carrying capacity is not diminished.
e. Verify and record the actual elevation (in relation to
mean sea level) of the lowest floor (including
basement) of all new or substantially improved
structures. The elevation shall be taken from the top
of floors in A-zones and the bottom of the lowest
horizontal structural member in V-zones.
f. Verify and record the actual elevation (in relation to
mean sea level) to which the new or substantially
improved structures have been flood-proofed.
g. Verify certification from a professional engineer or
architect licensed and registered to practice in North
Carolina that utility systems, other than residential
on-site facilities, will be located, designed and
constructed to eliminate flood damage, infiltration
from flood waters and discharges from the systems into
flood waters. In the case of residential on-site
utility systems, certification shall be provided by the
County Engineer, provided the County Engineer is a
professional engineer licensed and registered to
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practice in North Carolina, in conjunction with the
County Health Department, that such systems will be
reasonably located and designed to avoid impairment to
them or to minimize contamination from them during
flooding.
h. In Coastal High Hazard Areas certification shall be
obtained from a registered professional engineer or
architect licensed to practice in North Carolina that
the structure is securely anchored to adequately
anchored pilings or columns in order to withstand
velocity waters and hurricane wave wash.
1. In Coastal High Hazard Areas the Building Inspector
shall review plans for the adequacy of breakaway walls
in accordance with Article IV., Section 2., f., (9).
J. When flood-proofing is utilized for a particular
structure, the Building Inspector shall obtain
certification from a registered professional engineer
or architect licensed to practice in North Carolina.
k. Where interpretation is needed as to the exact location
of the boundaries of the areas of special flood hazard
(for example, where there appears to be a conflict
between a mapped boundary and actual field conditions)
the Building Inspector shall make the necessary
interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in-this Article.
1. When base flood elevation data has not been provided in
accordance with Article I., Section 3., then the
Building Inspector shall obtain, review and reasonably
utilize any base flood elevation data available from a
Federal, State or other source as criteria for
requiring the new construction, substantial
improvements or other development in Zone A is in
accordance with the administration of the provisions of
Article IV.
m. All records pertaining to the provisions of this
Ordinance shall be maintained in the office of the
Building Inspector and shall be open for public
inspection.
Section 3. Permit Procedure Certification for all
construction or improvement activities shall be made to the
Building Inspector and/or the County Engineer on forms
furnished by him and may include, but not be limited to, the
following plans in duplicate drawn to scale showing the
nature, location, dimensions and elevations of the area in
question; existing or proposed structures, fill storage of
materials; drainage facilities, utilities and the location
of the foregoing. Specifically, the following information
is required:
a. The lowest floor elevation (including basement) of
all structures in all special flood areas other than
Zone A shall also be shown.
b. Elevation in relation to mean sea level to which any
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non-residential structure has been flood-proofed.
c. Provide a certificate from a professional engineer or
architect licensed and registered to practice in North
Carolina that the non-residential flood~proofed
structure meets the flood-proofing criteria in Article
IV., Section 2., a-f.
d. Description of the extent to which any watercourse will
be altered or relocated as a result of the proposed
development.
e. Verify certification from a professional engineer or
architect licensed and registered to practice in North
Carolina that utility systems, other than residential
on-site facilities, will be located, designed and
constructed to eliminate flood damage, infiltration
from flood waters and discharges from the systems into
flood waters. In the case of residential on-site
utility systems, certification shall be provided by the
County Engineer, provided the County Engineer is a
professional engineer licensed and registered to
practice in North Carolina, in conjunction with the
County Health Department, that such systems will be
reasonably located and designed to avoid impairment to
them or to minimize contamination from them during
flooding.
Section 4. Variance Procedures
a. The Board of Adjustment as established by the New
Hanover County Board of Commissioners shall hear and
decide appeals and requests for variances from the
requirements of this Ordinance.
b. The Board of Adjustment shall hear and decide appeals
when it is alleged there is an error in any
requirement, decision or determination made by the
Building Inspector in the enforcement or administration
of this Ordinance.
c. Any person or persons aggrieved by the decision of the
Board of Adjustment may appeal such decision to the
appropriate division of the General Court Justice
within thirty (30) days after the date of the Board of
Adjustment's decision.
d. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places without regard to the
procedures set forth in the remainder of this section.
e. In passing upon such applications, the Board of
Adjustment shall consider all technical evaluations,
all relevant factors, standards specified in other
sections of this Ordinance, and:
(1) the danger that materials may be swept onto other
lands to the injury of others;
(2) the danger to life and property due to flooding;
(3) the susceptibility of the proposed facility and its
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contents to flood damage and the effect of such
damage on the individual owner;
(4) the importance of the services provided by the
proposed facility to the community;
(5) the necessity to the facility of a waterfront
location, where applicable;
(6) the availability of alternative locations, not
subject to flood damage, for the proposed use;
(7) the compatibility of the proposed use with existing
and anticipated development;
(8) the relationship of the proposed use to the
comprehensive plan and flood plain management
program for that area;
(9) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(10) the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and
the effects of wave action, if applicable, expected
at the site; and
(11) the costs of providing governmental services during
and after flood conditions including maintenance
and repair of public utilities and facilities such
as sewer, gas, electrical and water systems, and
streets and bridges.
(12) Generally, variances may be issued for new
construction and substantial improvements to be
erected on lot of one-half (1/2) acre or less in
size contiguous to and surrounded by lots with
existing structure constructed below the base flood
level, providing items (1-11) have been fully
considered. As the lot size increases beyond
one-half (1/2) acre, the technical justification
required for issuing the variance increases.
Upon consideration of the factors listed above and the
purposes of this Ordinance, the Board of Adjustment may
attach such conditions to the granting of variances as
it deems necessary to further the purposes of this
Ordinance.
Variances shall not be issued within any designated
floodway' if any increase in flood levels during the
base flood discharge would result.
Conditions for variances:
(1) Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon a showing of
good and sufficient cause, a determination that
failure to grant the variance would result in
exceptional hardship to the applicant, and, a
determination that the granting of a variance will
not result in increased flood heights, additional
threats to public safety, extra-ordinary public
expense, create nuisances, cause fraud on
or victimization of the public, or conflict with
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h.
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existing local laws or ordinances.
(3) any applicant to whom a variance is granted shall
be given written notice specifying the difference
between the base flood elevation and the elevation
to which the structure is to be built and stating
that the cost of flood insurance will be
commensurate with the increased risk resulting from
the reduced lowest flood elevation.
(4) The Building Inspector shall maintain the records
of all appeal actions and report any variances to
the Federal Insurance Administration upon request.
ARTICLE IV. PROVISIONS FOR FLOOD PLAIN MANAGEMENT
Section 1. In all areas of special flood hazard the
following provisions are required:
a. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure.
b. All new construction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage. Electrical, heating,
ventilation, plumbing, and air conditioning equipment
and other service facilities shall be designed and/or
located so as to prevent water from entering or
accumulating within the components during conditions of
flooding.
c. All new construction or substantial improvements shall
be constructed by methods and practices that minimize
flood damage.
d. All new and replacement water supply systems shall be
designeq to eliminate infiltration of flood waters into
the system.
e. New and 'replacement sanitary sewage systems shall be
designed to eliminate infiltration of flood waters into
the systems and discharges from the systems into flood
waters.
f. On-site waste disposal systems shall be reasonably
located and designed to avoid impairment to them or to
minimize contamination from them during flooding.
g. Any alteration, repair, reconstruction or improvements
to a structure on which the start of construction was
begun after the effective date of this Ordinance, shall
meet the requirements of "new construction" as
contained in this Ordinance.
Section 2. In all areas of special flood hazard where base
flood elevation data has been provided as set forth in
Article I., Section 3., or Article III., Section 2., 1., the
following provisions are required:
a. Residential Construction - New construction or
substantial improvement of any residential structure
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shall have the lowest floor, including basement,
elevated to or above base flood elevation. Should
solid foundation perimeter walls be used to elevate a
structurel openings sufficient to facilitate the
unimpeded movements of flood waters shall be provided.
b. Non-residential Construction - New construction or
substantial improvement of any commercial industrial or
other non-residential structure shall ,either have the
lowest floor, including basement, elevated to the level
of the base flood elevation or, together with attendant
utility and sanitary facilities, be flood-proofed so
that below the base flood level the structure is
watertight with walls substantially impermeable to the
passage of water and with structural components having
the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Where a
non-residential structure is intended to be made
water-tight below the base flood level, a registered
engineer or architect shall develop and/or review
structural design, specifications and plans for
construction, and shall certify that the design and
methods of construction are in accordance with the
accepted standards of practice for meeting the
applicable provisions of GS 60.3 (c) (ii) or (c) (8)
ii, and a record of such certificates which includes
the specific elevation (in relation to mean sea level)
to which such structures are flood-proofed shall be
maintained with the Inspections Director.
c. Elevated Buildings. New construction or substantial
improvements of elevated buildings that include fully
enclosed' areas formed by foundation and other exterior
walls below the base flood elevation shall be designed
to preclude finished living space and designed to allow
for the entry and exit of floodwaters to automatically
equalize hydrostatic flood forces on exterior walls.
(1) Designs for complying with this requirement must
either be certified by a professional engineer or
architect or meet the following minimum criteria:
(a) Provide a minimum of two openings having a
total net area of not less than one square inch for
every square foot of enclosed area subject to
flooding;
(b) The bottom of all openings shall be no higher
than one foot above grade; and,
(c) Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they
permit the automatic flow of floodwaters in both
directions.
(2) Electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service
facilities shall be designed and/or located so as
to prevent water from entering or accumulating
within the components during conditions of
.
d.
~
-14-
"
flooding.
(3) Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment
used in connection with the premises (standard
exterior door) or entry to the living area
(stairway or elevator).
(4) The interior portion of such enclosed area shall
not be partitioned or finished into separate rooms,
except to enclose storage areas.
Manufactured Homes
(1) Manufactured Homes ~ All manufactured homes to be
placed or substantially improved within Zones Al-30,
AH, and AE shall be elevated on a permanent foundation
such that the lowest floor of the manufactured home is
at or above the base flood elevation and be securely
anchored to an adequately anchored foundation system in
accordance with the provisions of subsection (2) below.
All proposed manufactured home parks shall be located
in accordance with Section 7.2 (3) of the County's
Mobile Home Park and Travel Trailer Ordinance.
Manufactured homes to be placed in V-Zones (Zones V, VE
and Vl-30) shall meet the same standards as
conventional housing (e.g. GS 60.3 (e) (3), (4),
(5) and (6) of NFIP criteria).
(2) Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement. Methods of
anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with
applicable State requirements for resisting wind
forces.
(3) For all new "and existing" manufactured home parks
and subdivisions; for expansions to existing
manufactured home parks and subdivisions; "for the
replacement of manufactured homes in parks and
subdivisions" and for manufactured homes not placed 1n
a manufactured home park or subdivision require:
(a) that stands or lots are elevated on compacted fill
or on pilings so that the lowest floor of the
mobile home will be at or above the base flood
level;
(b) that adequate surface drainage and access for a
hauler are provided;
(c) that emergency provisions for hauling operations
and the temporary storage of mobile homes within an
area located outside of the special flood hazard
area during flooding be established; and
(d) in the instances of elevation on pilings, lots are
-15-
large enough to permit steps, piling foundations
are placed in stable soil no more than ten (10)
feet apart, and reinforcement is provided for
pilings more than six (6) feet above ground level.
e. Floodways - Located within areas of special flood
hazard established in Article I., Section 3., are areas
designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which
carry debris, potential projectiles and erosion potential,
the following provisions shall apply:
(1) Prohibit encroachments, including fill, new
construction, substantial improvements and other
developments unless certification by a registered
professional engineer or architect is provided
demonstrating that encroachments shall not result
in any increase in flood levels during occurrence
of the Base flood discharge.
(2) If Article IV., Section 1., a-g, is satisfied,
all new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Article IV.
(3) Prohibit the placement of any manufactured homes,
except in an existing manufactured home park or
existing manufactured home subdivision.
f. Coastal High Hazard Areas (V Zones) - Located within
the areas of special flood hazard established in
Article I., Section 3., are areas designated as Coastal
High Hazard Areas. These areas have special flood
hazards associated with high velocity waters form tidal
surge and hurricane wave wash, therefore, the following
provisions shall apply:
(1) All buildings or structures shall be located
landward of the reach of the mean high tide.
(2) All buildings or structures shall be elevated so
that the lowest supporting member is located no
lower than the base flood elevation level, with all
space below the lowest supporting member open so as
not to impede the flow of water, except for
breakaway walls as provided for in Article IV.,
Section 2., f, (9), below.
(3) Provide that all new construction and substantial
improvements in Zones Vl-30 and VE, and also Zone
V, if base flood elevation data are available on
the community's FIRM, are elevated on pilings and
columns so that (i) the bottom of the lowest
horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to
or above the base flood level; and (ii) the pile or
column foundation and structure attached thereto is
anchored to resist flotation, collapse and lateral
movement due to the effects of wind and water loads
acting simultaneously on all building components.
"
-16-
Wind and water loading values shall each have a one
percent chance of being equalled or exceeded in any
given year (lOa-year mean recurrence interval). A
registered professional engineer or architect shall
develop or review the structural design,
speCifications and plans for the construction, and
shall certify that the design and methods of
construction to be used are in accordance with
accepted standards of practice for meeting the
provisions of (i) and (ii) of this paragraph.
(4) Pilings or columns used as structural support shall
be designed and anchored so as to withstand all
applied loads of the base flood flow.
(5) Compliance with the provisions contained in Article
IV., Section 1., d., e., and f.
(6) Compliance with provisions contained in Article
IV., Section., f., (2), (3), (4), and (5), shall be
certified to by a registered professional engineer
or architect, except that a registered land
surveyor may be used to certify the lowest floor
elevation in relation to the base flood elevation
level in accordance with the provisions of this
Section.
(7) There shall be no fill used as structural support.
(8) There shall be no alteration of sand dunes or sand
dune vegetation which would increase potential
flood damage.
(9) Provide that all new construction and substantial
improvements, within Zones Vl-30, VE, and V on the
community's FIRM, have the space below the lowest
floor either free of obstruction or constructed
with non-supporting breakaway walls, open wood
lattice-work, or insect screening intended to
collapse under wind and water loads without causing
collapse, displacement, or other structural damage
to the elevated portion of the building or
supporting foundation system. For the purposes of
this section, a breakaway wall shall have a design
safe loading resistance of not less than 10 and no
more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by
design or when so required by local or State codes)
maybe permitted only if a registered professional
engineer or architect certified that the designs
proposed meet the following conditions:
(i) breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and,
(ii) the elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
"
.
( 10 )
( 11)
( 12 )
(13)
-17-
building components (structural and
non-structural). Maximum wind and water
loading values to be used in this determination
shall each have a one percent chance of being
equalled or exceeded in any given year
(lOa-year mean recurrence interval).
Such enclosed space shall be usable solely for
parking of vehicles, building access, or
storage.
If breakaway walls are utilized, such enclosed
space shall not be used for human habitation.
Prior to construction, plans for any structure
that will have breakaway walls must be submitted
to the Building Inspector for approval.
Prohibit the placement of manufactured homes,
except in an existing manufactured home park or
existing manufactured home subdivision.
Any alteration, repair, reconstruction or
improvement to a structure started after the
enactment of this Ordinance shall not enclose the
space below the lowest floor unless breakaway
walls are used as provided for in Article IV.,
Section 2., f, (9) and (10).
Section 3. Standards for Areas of Shallow Flooding (AO
Zones) - Located within the areas of special flood hazard
established in Article I., Section 3., are areas designated
as shallow flooding. These areas have special flood hazards
associated with base flood depths of one (1) to three (3)
feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and
indeterminate; therefore, the following provisions shall
apply:
a. All new construction and substantial improvement of
residential structures have the lowest floor, including
basement, elevated above the crown of the nearest
street to or above the depth number specified on the
County's FIRM.
b. All new construction and substantial improvements of
non-residential structures shall:
(1) have the lowest floor, including basement, elevated
above the crown of the nearest street to or above
the depth number specified on the FIRM, or
(2) together with attendant utility and sanitary
facilities be completely flood-proofed to or above
that level so that any space below that level is
watertight with walls substantially impermeable to
the passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
Section 4. Standards for Subdivision Proposais
"
a.
b.
c.
.'
"
d.
e.
-18
All subdivision proposals shall be in compliance with
the Subdivision Regulations of New Hanover County.
All subdivision proposals shall be consistent with the
need to minimize flood damage as provided herein.
All subdivision proposals shall have all utilities and
facilities such as sewer, gas, electrical and water
systems located, designed and constructed to prevent
flood damage. Sanitary sewer and on-site waste
disposal systems shall be located, designed and
constructed to eliminate infiltration of flood waters
into the systems and discharges from the systems into
flood waters.
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards.
Base flood elevation data shall be provided for
subdivision proposals and other proposed development.
ARTICLE V. VALIDITY AND ADOPTION
Section 1. Should any Article, Section or provision of this
Ordinance be declared invalid by any court, the same shall
not affect the validity of the Ordinance as a whole or any
part thereof, other than that specifically declared invalid.
Section 2. Any Ordinance or part of any Ordinance in
conflict with this Ordinance, to the extent of such
conflict, is hereby repealed.
Section 3. This Ordinance is adopted in the interest of
public health, safety and general welfare of the inhabitants
of the County of New Hanover, North Carolina, and shall be
in force and effect from and after its adoption.
Adopted this 3rd day of April, 1978.
Sl'A'IE OF IDRTH CAROLINA
CDUNl'Y OF NEW HAIDVER
BEFORE TIlE !DARD OF
CDUNl'Y cn1MISSIONERS
ill TI-IE Mi\TI'ER OF ASSIGNING
STREET HOUSE NUMBERS
ORDER
It appearing to the Ibard of Cormty Corrmissioners of New Hanover Cormty
that consideration has been given to the assignrrent of house numbers on a
portion of Middle Sound Leap Road, (phase II) numerical range 2100 - 3699;
Barren Inlet Road, numerical range 6700 - 6799; Falcon pointe, numerical
range 6700 - 6799 and Sylvan Lane, numerical range 6600 - 6699 with said
roads being located off Middle Sound Leap Road (attached map).
,
W1-1EREAS, ready and accurate identification of developed property is
:i.rr-q:x:>rtant for the delivery of general County services, for the operation of
COIIlTErcial enterprises, for the response of errergenc:y and public safety vehicles,
and for the convenience of the general public; and
WHEREAS, a <XlIlprehensi ve and systematic property numbering system is an
efficient reans of identifying property within the Cormty; and
WHEREAS, such a system will prOIlDte the health, safety, and welfare of the
citizens of New Hanover Cormty.
TI-lEREFORE, it further appearing that a public hearing was held on the
23rd day of March, 1987, at which t.ine all persons were heard on the question
of whether or not assigning house numbers would be in the public interest, and
it further appearing that notice of said hearing was prominently posted in at
least two (2)' locations along said street, that notice of the t.ine, place and
subject matter of the hearing was prominently posted at the County Courthouse,
and published in a newspaper of general circulation in the Cormty.
t;DW, THEREFORE, it is ordained and decreed that the above House Number
Assignrrent be. made.
It is further ordered that a copy of this ordinance be transmitted to the
postrraster having jurisdiction over the road, to the Ibard of Transportation,
Sheriff's 911 dispatcher and to any City within five miles of said road in
accordance with N.C. General Statute 153A-240.
Adopted this the 23rd day of March,
1987.
/
)!O-[dAL {}i /2:.a/'
CHAIRMAN, CDUNl'Y CDMMISSIONERS
A'ITEST:
~~(f:~
t
~,
.'
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING THE
FLOOD PLAIN ORDINANCE OF
, NEW HANOVER COUNTY ADOPTED
JULY 3, 1978
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. . That the Flood Plain Ordinance of the County ~f
New Hanover adopted July 3, 1978, as amended be and the same is
hereby amended as follows:
. Page 1, add "as amended March 1987"
· Under Article II, Definitions, Section 2, delete definitions (1), (m),
(w)
. Replace (x) as follows:
(x) Manufactured home parks or subdivision - A parcel of land divided
into two or more manufactured home lots for rent or sale (FEMA
requirement). For the purposes of this ordinance, a manufactured
home park means a parcel of land on which three (3) or more mobile
home spaces have been designated for rental purposes. (County
definition consistent with mobile home park ordinance).
. Replace (v) to read:
(v) Manufactured home - a structure transportable in one or more
sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
required utilities. For flood plain management purposes, the term
"manufactured home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufactured
home" does not include park trailers, travel trailers and other
similar vehicles.
Replace word "mobile" in subsection (z) with "manufactured" (FEMA).
Also, replace word "mobile" when used in conjunction with park or
subdivision with "manufactured" in all other cases as it now appears
in the ordinance. (County suggestion.)
. Replace (t) to read:
(t) Lowest Floor - the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure
usable solely for parking of vehicles, building access or storage,
in an area other than a basement area is not considered a building's
lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirements of this ordinance.
Also, replace the term "habitable floor" with the term "lowest
floor" in each place as it appears in the ordinance.
· OPTIONAL: Add definition of functionally dependent use and cite the
var iance rule from the GS 60.6 (a) (7) oL the final rule in Article III,
Administration and Enforcement, Section 4, Variance Procedures.
Functional Dependent Use - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water.
The term includes only docking facilities, port facilities that are
necessary for'the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term
storage or related manufacturing facilities. (Place in definition
section.)
~
,~
"
Add new Subsection 4 e(13) to read:
Variance may be issued by a community for new construction and
substantial improvements and for other development necessary for the
conduct of a functionally dependent use provided the criteria of
(a){1)-(a){4) of Section GS 60.6 are met and the structure or other
development is protected by methods that minimize flood damages during
ase flood and create no additional threats to public safety.
. Amend under Article ill Administration and Enforcement, Section 2, Duties
and Responsibilities,. Subsection (e) as follows:
(e) Verify and record the actual elevation (in relation to mean sea
level) of the "bottom of the lowest structural member of the lowest
floor" (including basement) of all new or substantially improved
structures.
· Amend Article III Administration and Enforcement, Section 2, Duties and
Responsibilities, Subsection (I) as follows by adding:
~..
-"
(I) ... then the Building Inspector shall obtain ... data from a
Federal, State or other source, "as criteria for requiring -that new
construction, substantial improvements, or other development in Zone
A" ... "Base flood elevation shall be provided for all residential
development proposals"
*Areas in quotations was added.
· Amend Article III Administration and Enforcement, Section 3, Permit
Procedure, Subsection (a) by adding:
(a) The lowest floor elevation (including basement) of all structures in
all special flood areas other than zone A shall also be shown.
· Under Article IV Provision for Flood Plain Management, Section 1,
Subsection (b), add the following sentence:
(b) .... Electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities shall be
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
· Under Article IV Provisions for Flood Plain Management, Section 2,
Subsection (c) (1) reword as follows:
(c) Manufactured Homes - All manufactured homes to be placed or
substantially improved within Zones Al-30, AH, and AE shall be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is at or above the base flood elevation and be
securely anchored to an adequately anchored foundation system in
accordance with the provisions of subsection (2) below. (FEMA) All
proposed manufactured home parks shall be located in accordance with
Section VII, (3) of the County's Mobile Home Park and Travel Trailer
Ordinance. (County suggestion.)
Manufactured homes to be placed in V-Zones (Zones V, VE and Vl-30)
shall meet the same standards as conventional housing (e.g. '" GS
60.3{e)(3),{4),{5) and (6) of NFIP criteria) (FEMA)
· Amend Article IV Provisions for Floodplain Management, Section 2,
Subsection (b), Non-Residential Construction as follows:
. .. effects of buoyancy .". "vlhere a non-residential structure is
intended to be made water-tight below the base flood level, a registered
engineer or architect shall develop and/or review structural design,
specifications and plans for construction, and shall certify that the
design and methods of construction are in accordance with the accepted
standards of practice for meeting the applicable provisions of GS
60.3{c)(ii) or (c)(8)ii, and a record of such certificates which includes
the specific elevation (in relation to mean sea level) to which such
.....
structures are flood proofed shall be maintained with the Inspections
Director.
· Also, amend Article IV, Section 2, Subsection (c)(2) as follow by adding:
(2) All mobile homes shall be "elevated above the base flood level and"
(Note: The wording in parentheses is added.)
· Also, amend Article IV, Section 2, Subsection (c)(3) by rewording as
follows:
(3) For all new ".and existing" mobile home parks and subdivisions; for
expansions to existing mobile home parks and subdivisions; "for the
replacement of mobile homes in parks and subdivision" and for mobile
homes not placed in a mobile home park or subdivision require:
(Note: Wording in parentheses is added.)
· Also, amend Article IV, Section 3, Subsection (e)(3)(4), by deleting
(3)(4) and replacing as fellows:
e,
(3) Provide that all new construction and substantial improveme"nts in
Zones VI-30 and VE, and also Zone V, if base flood elevation data
are available 6n the community's FIRM, are elevated on pilings and
columns so that (i) the bottom of the lowest horizontal structural
member of the lowest floor (excluding the pilings or columns) is
elevated to or above the base flood level; and (ii) the pile or
column foundation and structure attached thereto is anchored to
resist flotation, collapse and lateral movement due to the effects
of wind a~d water loads acting simultaneously on all building
components. Wind and water loading values shall each have a one
percent chance of being equalled or exceeded in any given year
(lOa-year mean recurrence interval). A registered professional
engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the
provisions of (i) and (ii) of this paragraph.
Replace (9) with the following language:
(9) Provide that all new construction and substantial improvements,
within Zones VI-30, VE, and V on the community's FIRM, have the
space below the lowest floor either free of obstruction or
constructed with non-supporting breakaway walls, open wood
lattice-work, or insect screening intended to collapse under wind
and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or
support~ng foundation system. For the purposes of this section, a
breakaway wall shall have a design safe loading resistance of not
less than 10 and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a deSign safe loading resistance of 20
pounds per square foot (either by design or when so required by
local or State codes) may be permitted only if a registered
professional engineer or architect certified that the designs
proposed meet the following conditions:
(i) breakaway wall collapse shall result from a water load less
than that which would occur during the base flood; and,
(ii) the elevated portion of the building and supporting foundation
system shall not be subject to collapse, displacement, or other
structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural
and non-structural). Maximum wind and water loading values to
be used in this determination shall each have a one percent
chance of being equalled or exceeded in any given year
(lOa-year mean recurrence interval).
.
;
, .
Such enclosed space shall be usable solely for parking of
vehicles, building access, or storage.
Section 2. Any ordinance or part of any ordinance in
conflict with this ordinance, to the extent of such conflict is
hereby repealed.
Section 3. This ordinance is adopted in the interest of
public health, safety, morals, and general welfare of the
inhabitants of the County of New Hanover, North Carolina, and
shall be in full force and effect from and after its ado~tion.
>&
Adopted this
23rd
day of
March
, 1987.
., i /1
');/1 1/ ~') J<l /I
kJ--{te,t-l.- {/ 'tJ,:'a-c
Ch~irman and Commissioner
~
.
.
.
,.."~.~.~.~----~~._~...._...~ .._~_._._~~._..,
~
FLOOD PLAIN MANAGEMENT REGUlATIONS
REVISIONS
The following is a list of amendments to the New Hanover County Flood Plain
Management Regulations as required by recent rule changes in the National Flood
Insurance Program. The Federal Emergency Management Agency has ordered that
participating local governments revise their ordinance by no later than April 1, 1987.
. Page 1, ada "as amended March 1987"
· Under Article II, Definitions, Section 2, delete definitions (l),-(m), (w)
. Replace (x) as follows:
(x) ~anufactured home parks or subdivision - A parcel of land divided into two
or more manufactured home lots for rent or sale (FEMA requirement). For the
purposes of this ordinance, a manufactured home park means a parcel of land
on which three (3) or more mobile home spaces have been designated for
rental purposes. (County definition consistent with mobile home park
ordinance).
. Replace (v) to read:
(v) Manufactured home - a structure transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. For flood
plain management purposes, the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. For insurance purposes, the term
"manufactured home" does not include park trailers, travel trailers and
other similar vehicles.
Replace word "mobile" in subsection (z) with "manufactured" (FEMA). Also,
replace word "mobile" when used in conjunction with park or subdivision with
"manufactured" in all other cases as it now appears in the ordinance.
(County suggestion.)
. Replace (t) to read:
(t) Lowest Floor - the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure usable solely for
parking of vehicles, building access or storage, in an area other than a
basement area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements of this ordinance.
Also, replace the term "habitable floor" with the term "lowest floor" in
each place as it appears in the ordinance.
.
.
.
· OPTIONAL: Add definition of functionally dependent use and cite the variance rule
from the GS 60.6(a)(7) ot the final rule in Article III, Administration and
Enforcement, Section 4, Variance Procedures.
Functional Dependent Use - A use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and .
unloading of cargo or passengers, and ship building and ship repair facilities,
\
but does not include long-term storage or related manufacturing facilities.
(Place in definition section.)
Add new Subsection 4 e(13) to read:
Variance may be issued by a community for new construction and substantial
improvemenLs and for other development necessary for the conduct of a
functionally dependent use provided the criteria of (a)(1)-(a)(4) of Section GS
60.6 are met and the structure or other development is protected by methods that
minimize flood damages during base flood and create no additional threats to
public safety.
· Amend under Article III Admi.nist.ration and Enforcement, Section 2, Duties and
Responsibilities, Subsection (e) as follows:
(e) Verify and record the actual elevation (in relation to mean sea level) of
the "bottom of the lowest structural member of the 10wesL floor" (including
basement) of all new or substantially improved structures.
· Amend Article III Administration and Enforcement, Section 2, Duties and
Responsibilities, Subsection (1) as follows by adding:
(1) ... then the Building Inspector shall obtain ... data from a Federal, state
or other source, "as criteria for requiring thaL new construction,
substantial improvements, or other development in Zone A" ... "Base flood
elevation shall be provided for all residential development proposals"
*Areas in quotations was added.
· Amend Article III Administration and Enforcement, Section 3, Permit Procedure,
Subsection (a) by adding:
(a) The lowest floor elevation (including basement) of all structures in all
special flood areas other than zone A shall also be shown.
· Under Article IV Provision for Flood Plain Management, Section 1, Subsection (b),
add the following sentence:
(b) .... Electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities shall be designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding.
· Under Article IV Provisions for Flood Plain Management, Section 2, Subsection (c)
(1) reword as follows:
-2-
"
.
(c) !VIanufactured Homes, - All manufactured homes to be piaced or substantially
improved within Zones Al-30, AH, and AE shall be elevated on a per~anent
foundation such that the lowest floor of the manufactured home is at or
above the base flood elevation and be securely anchored to an adequately
anchored foundation system in accordance with the provisions of subsection
(2) below. (FEMA) All proposed manufactured home parks shall be located in
accordance with Section VII, (3) of the County's Mobile Home Park and Travel
Trailer Ordinance. (County suggestion.)
Manufactured homes to be placed in V-Zones (Zones V, VE and Vl-30) shall
meet Lhe same standards as conventional housing (e.g. ... GS
60.3(e)(3),(4),(5) and (6) of NFIP criteria) (FEMA)
· Amend Article IV Provisions for Floodplain Management, Section 2, Subsection (b),
'Non-Residential Construction as follows:
... effects of buoyancy... "Where a non-residential structure is intended to.be
made water-tight below the base flood level, a registered engineer or architect
shall develop and/or review structural design, specifications and plans for
construction, and shall certify that ~he design and methods of construction are
in accordance with the accepted standards of practice for meeting the applicable
provisions of GS 60.3(c)(ii) or (c)(8)ii, and a record of such certificates which
includes the specific elevation (in relation to mean sea level) to which such
~ structures are flood proofed shall be maintained with the Inspections Director.
· Also, amend Article IV, Section 2, Subsection (c)(2) as follow by adding:
.
(2) All mobile homes shall be "elevated above the base flood level and" ...
(Note: The wording in parentheses is added.)
· Also, amend Article IV, Section 2, Subsection (c)(3) by rewording as follows:
(3) For all new "and existing" mobile home parks and subdivisions; for
expansions to existing mobile home parks and subdivisions; "for the
replacement of mobile homes in parks and subdivision" and for mobile homes
not placed in a mobile home park or subdivision require: (Note: Wording in
parentheses is added.)
· Also, amend Article IV, Section 3, Subsection (e)(3)(4), by deleting (3)(4) and
replacing as follows:
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(3) Provide that all new construction and substantial improvements in Zones
Vl-30 and VE, and also Zone V, if base flood elevation data are available on
the community's FIRM, are elevated on pilings and columns so that (i) the
bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood
level; and (i1) the pile or column foundation and structure attached thereto
is anchored to resist flotation, collapse and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. Wind and water loading values shall each have a one percent
chance of being equalled or exceeded in any given year (lOO-year mean
recurrence interval). A registered professional engineer or architect shall
develop or review the structural design, specifications and plans for the
construction, and shall certify that the design and methods of construction
to be used are in accordance with accepted standards of practice for meeting
the provisions of (1) and (ii) of this paragraph.
-3-
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Replace (9) with the following language:
(9) Provide that all new construction and substantial improvements, within Zones
V1-30, VE, and V on the community's FIRM, have the space below the lowest
floor either free of obstruction or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing collapse, displacement,
or other structural damage to the elevated portion of the building or
supporting foundation system. For the purposes of this section, a breakaway
wall shall have a design safe loading resistance of net less than 10 and no
more than 20 pounds per square foot. Use of breakaway walls which exceed a
design safe loading resistance of 20 pounds per square foot (either by
design or when so required by local or state codes) may be permitted only if
a registered professional engineer or architect certified that the designs
proposed meet the following conditions:
(i)
breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and,
(i1)
the elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural
damage due to the effects of wind and water loads acting simultaneously
on all building components (structural and non-structural). Maximum
wind and water loading values to be used in this determination shall
each have a one percent chance of being equalled or exceeded in any
given year (lOO-year mean recurrence interval).
Such enclosed space shall be usable solely for parking of vehicles,
building access, or storage.
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~roclamation
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Ntw 3J{anoutr (!Lountn
ilJoar~ of C!tommtsstonrrs
WHEREAS, the University of North Carolina at Wilmington
athletic teams bring honor and recognition to the University and
to New Hanover County; and
~
WHEREAS, the various athletic teams of the University of
North Carolina at Wilmington provide and enriched program of
entertainment and recreation to the citizens of our state and our
community and attract numerous visitors who corne to New Hanover
County to attend events offered through the fifteen varsity
sports programs of the University; and
WHEREAS, the Seahawk Club is the official athletic fund-
raising organization for the University, attracting assistance
from numerous volunteers who solicit funds for scholarship aid
for young men and women student athletes each year; and
WHEREAS, the Seahawk Club will again this year continue to
sustain a program of excellence in athletics at the University of
North Carolina at Wilmington through a month-long campaign to
raise scholarship funds through its annual New Hanover County
Membership Drive;
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County
Board of Commissioners do hereby proclaim May 1, through May 31,
to be
SEAHAWK APPRECIATION MONTH
\
in New Hanover County and urge all citizens as well as alumni to
support this worthwhile Seahawk Club project supporting the
University of North Carolina at Wilmington athletic programs
which contribute so much to the quality of life of New Hanover
County.
Signed this 23rd day of March, 1987.
JIvtL'1{/ (] t J2~d
Nolan O'Neal, Chairman
Ai
t. '9
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. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
~,-~ 1'/ ~
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ROUNTREE & SEAGLE
ATTORNEYS AT LAw AND PROCTORS IN ADMIRALTY
GEOROE ROU:-lTREE. JR. (1904-1979J
GEORGE ROUSTREE, III
J, HAROLD SEAGLE
POST OFFICE BOX 1409
WILMINGTON, NORTH CAROLINA 28402-1409
OFFICE ADDRESS:
11 SOlJTH J-'lf.-rH AVE.
\....iL1I<UNGTON. N.C. ~3401
JEFFREY p, KEETER
CHARLES M, LINEBERRY. JR,
March 20, 1987
- TELEPHOSE: 919-763-3404
TELEX: 62936962
5106016633
ROUNTREE UQ
.,
HAND DELIVERY
Mrs. Lucy Harrell
Clerk, New Hanover County
Board of Cormnissioners
County Administration Building
320 Chestnut Street
Wilmington, North Carolina 28401
Dear Lucy:
As you may know, a nillnber of us in the business cormnunity here
in Wilmington have, in the name of the "Seahawk Club," raised money
for UNC-W athletic scholarships, recruiting, and other lawful
purposes for some time. The basketball program, as well as the
general athletic programs, at the University are on the upswing,
and we plan a fund raising drive for the month of May, 1987.
To give impetus to the drive, we would very much appreciate it
if the County Cormnissioners would adopt. a resolution approving a
proclama tion in substantially the form of that enclosed. I would
think that the resolution could be on the Consent Agenda.
On 1 May, we would like to invite the Chairman of the County
Commissioners to attend a news conference and photo session with
the Mayor of the City of Wilmington to kick off our annual drive.
If there is any question or anything which I need to do
further with respect to the proposal, please call me.
With best regards, I am
pc:
GRIII/ch
Enclosure
Honorable Nolan O'Neal, Chairman /
Board ofCormnissioners of New Hanover County
G. Felix Cooper, County Manager
Mr. Jim Bass, UNC-W Athletic Department
(Each w/Enc10sures)
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iBnar" nf QInmmillllinntrll
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New ){nnnuer QInunttl
mtsnlutinn
WHEREAS, the North Carolina State Ports Authority has
developed and operates seaport facilities at Wilmington and
Morehead City; and
WHEREAS, the State Ports Authority serves the
international commerce needs of. North Carolina industry and
agriculture, contributing significantly to the economic
development of this State; and
WHEREAS, inadequate funding in recent years has
prevented the State Ports Authority from keeping pace with the
latest port trends resulting in the Authority falling far behind
competitor ports in neighboring states; and
WHEREAS,
efforts to expand,
for which they have
appropriations from
competitor ports have strengthened their
modernize and improve their port facilities
received and continue to receive substantial
their State legislatures; and
WHEREAS, in order to gain a more competitive stance,
contribute to the international trade network and aid the
economic development of North Carolina, the State Ports Authority
has drafted a Master Development Plan, which describes the
long-range strategy for port expansion, modernization, and
development at the ports of Wilmington, Morehead City, and other
inland areas; and
WHEREAS, the implementation cost of port development
projects set out in the Plan exceeds available internal funding,
a desperate need arises on the part of the State Ports Authority
to obtain State appropriations assistance for the total amount of
funds proposed by the Plan.
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NOW, THEREFORE, BE IT RESOLVED that the New. Hanover
County Board of Commissioners considers the full implementation
of the State Ports Authority's Master Development Plan to be in
the highest interest of the citizens of North Carolina and
recommends that the General Assembly during the Fiscal Year 1987
appropriate the full amount of funding proposed by the Master
Development Plan in order to allow the State Ports Authority to
become a dominant Ports Authority in the South Atlantic region.
This the;.t1.....L day of ~ ' 1987.
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7~~!)/~e
Nolan O'Neal, Chairman
ATTEST:
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Administrative Unit
650
County
New Hanover
FUNDING SCHEDULE FOR SCHOOL FACILITY NEEDS
The New Hanover
Board of County Commi ss i oner's has revi ewed the
long-range plan and Summary of School Facility Needs submitted by the New
Hanover County
Board of Education.
The board of 'conmissioners
proposes to fund these facility needs in accordance with the following
schedule:
1987-88 through 1989-90 $
1990-91 through 1992-93 $
Future needs $
Total $
Comments (If you are unable to specify a proposed funding schedule at the
present time, please indicate the reasons below.):
The New Hanover County Commissioners are not prepared at this
time to provide a funding schedule for the above capital reauire-
ments.
As county needs and revenues are more clearly defined, a funding
plan will be established.
New Hanover
Board of County Corrmi 55 i oners on
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7 {,{J d/tL l~/ -; Zc~rl
Chairman
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B/AY~!e{,
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Page 2 of 4
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SUMMARY OF SCHOOL FACILITY NEEDS, 1987-90
Replacement of Temporary Facilities (Based on classroom use survey conducted
i n 1986) .
K - 6 (1,000 sq. ft.)
7 - 12 ( 750 sq. ft.)
K 6 Mobile Units - 18
Sub-standard rooms - 13
$ 1,080,000
980,000
810,000
900,000
7 - 12 Mobile Units - 18
Sub-standard rooms - 20
Total
$ 3,770,000
Replacement of Obsolete Facilities (Facilities constructed prior to 1949)
Schools
lake Forest Junior High
Students
775
5,600,000
Total
$ 5,600,000
SUMMARY OF SCHOOL FACILITY NEEDS, 1990-93
Renovations of Buildings Which are Suitable for long-Range Use
Roland Grise Junior High
Hoggard Hi gh
Williston Junior High
Snipes Elementary
Forest Hills Elementary
Gregory Elementary
New Hanover High
Winter Park Elementary
Wrightsboro Elementary
500,000
850,000
500,000
350,000
250,000
300,000
1,000,000
200,000
300,000
To ta 1
$ 4,250,000
(Estimates based on 10% of new construction due to renovations
completed during previous bond issues)
New or Renovated Facilities for Exceptional Children
Classroom needs will be met in new or renovated construction cost. A
new physical therapy lab is needed to serve all handicapped students.
A 6,000 sq. ft. facility would be adequate to provide therapy, exercise
and office space. ($60 per sq. ft. due to special needs)
Total
$ 250,000
Accessibil ity for the Handicapped
Elevators for two story buildings - based on requirement that
accessibility is provided for students, parents and staff
Forest Hills Elementary $ 75,000
Gregory Elementary 75,000
Lake Forest Junior High 75,000
(Renovated to serve as support services annex)
New Hanover High (2) 150,000
Roland Grise Junior High 75,000
Williston Junior High 75,000
Wrightsboro Elementary 75,000
Total
$ 600,000
Renovations for Energy Conservation
Based on identified energy conservation needs and actual cost
of service
Laney High
Hoggard High
Noble Junior High
Trask Junior High
$
100,000
100,000
50,000
50,000
Total
$ 300,000
Community Schools
Based on architect study'
Renovations of Roland Grise and Williston Auditorium
HVAC, Wall coverings, seats, carpet
Total
$ 250,000
New or Renovated Facilities for Administration, Maintenance,
Transportation, and Warehousing
Present Transportation facilities are restricted in size and use
because of location. New facilities located in industrial or out
of the city are needed. Cost estimates include land, bays, paint
facilities, paving, fencing, office areas and storage
$ 1,000,000
Present Guidance offices are in an 80 year old building (Office,
meeting rooms, etc. - 5,000 sq. ft.)
$ 100,000
Present Audio Visual offices and work areas are located in an
abandoned school - 10,000 sq. ft. are needed for printing shop,
office, meeting areas and work areas
$
100,000
To ta 1
$1,200,000
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Other Needs
Multipurpose rooms (1,200 sq. ft.)
J.C~ Roe Elementary
Mary W. Howe Elementary
Ogden Elementary
Sunset Elementary
Winter Park Elementary
Wrightsboro Elementary
Wrightsville Beach Elementary
$ 500,400
Auxiliary gymnasium
Laney High
Hoggard
$ 500,000
Cafeteria
D.C. Virgo Junior High
Ogden Elementary
Wrightsville Beach Elementary
J.C. Roe Elementary
Forest Hills Elementary
$ 225,000
200,000
140,000
140,000
200,000
$ 905,000
Media centers (6 sq. ft. per student)
J.C. Roe Elementary
Mary W. Howe ,Elementary
Forest Hills Elementary
Winter Park Elementary
Wrightsboro Elementary
Wrighstville Beach Elementary
$ 126,000
136,500
214,620
204,960
246,540
86,520
$1,015,140
Tota 1
GRAND TOTAL
$2,920,540
$19,140,540
Administrative Unit
650
County
New Hanover
SCHOOL FACILITY NEEDS, 1986-87
The New Hanover County
Board of Education submits these' estimates of
actual and realistic needs which it has determined to be necess~ry to provide
a safe, attractive, functional environment for every student as specified in
the Basic Education Program. The total of these estimates is $ 19,140,540
Adopted by the
New Hanover County
Board of Education on 2/:!>/5'7
~Adh, ~CL/~
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Secretary, x-o ~
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Administrative Unit 650
SUMMARY OF SCHOOL FACILITY NEEDS, 1986-87
Replacement of Temporary Facilities - Most school systems in
North Carolina are experiencing an increase in school member-
ship for grades K-5. This compounds an existing problem as
many administrative units still have students housed in
mobile units, in temporary frame buildings, in multipurpose
rooms or in other temporary quarters. This category in-
cludes the estimrtted cost of adequately housing all students
who are now in temporary quarters. The cost of land and
equipment is included, where applicable.
Replacement of Obsolete Facilities - Approximately 24% of the
teaching stations in North Carolina are located in facilities
constructed prior to 1949. Most of these buildings are
non-fire resistive structures; many have serious building
code violations. Most of these buildings are unsuitable for
long-range use. Likewise, some of the fire resistive build-
ings constructed after 1949 may have code violations and be
unsuitable for long-range use. This category includes the
estimated cost of repl aci ng the obsolete facil iti es regard-
less of date of construction. The cost estimates include
land and equipment, where applicable.
Renovation of Buildings Which are Suitable for Lonq-Range
Use. - Approximately 30% of all teaching stations in North
Carolina are housed in buildings which were constructed be-
tween 1950 and 1959. Many of these buildings are minimal by
today's standards, contain asbestos which should be removed
and have building code violations which should be corrected.
Most buildings constructed in this era lack the special
facilities needed to accommodate the Basic Education Program.
P major renovation will cost up to one-half of the cost of
new construction. Many bui 1 dings bui 1 t in the 1960 I sand
early J970's would also benefit from renovations. This
category includes the estimated cost of renovations to build-
ings which are suitable for long-range use.
New or Renovated Facilities for Exceptional Children Few
public school facilities constructed prior to 1965 were
planned to accommodate students with special needs. Self-
contained programs for the severely and profoundly handi-
capped, trrtinable mentally handicapped and educable mentally
handicapped are frequently housed in regular classrooms or
temporary clrtssrooms which lack toilet facilities, sinks,
adequate ventilation and adequate instructional areas.
Resource teachers for excepti ona 1 chi 1 dren frequently share
standard classrooms or are housed in mobile units or other
inadequate accommodations. This category includes the
estimated cost of providing all exceptional children wHh
appropriate facilities, including land and equipment, where
applicc:ble.
.$ 3,770,000
$ 5,600,000
$ 4,250,000
$ 250,000
Page 3 of 4
Administrative Unit 650
Accessibil ity for the Handicapped Section 504 of the
Rehabil i tati on Act of 1973 requi res boards of educati on to
make a 11 programs and acti viti es access i b 1 e to the handi-
capped. Section 504 is applicable to school employees,
parents, and other citizens as well as students. Most
buildings constructed since 1973 are accessible to the
handicapped or can be easily modified. Most buildings
constructed prior to 1973 will require extensive modifica-
tions; many will require elevators. This category includes
the estimated cost of making all huildings which are suitable
for long-range use accessible to the handicapped.
Renovations for Ener v Conservation - Limited federal monies
ave been made avai ab e on a matching basis to conduct
energy audits and make some renovations for energy conserva-
tion. The amount, however, has been insufficient. This
category includes the estimated cost of renovating buildings
to improve their energy efficiency.
Community Schools - Many school facilities are used by the
community. Typical projects in this category include renova-
tions to existing areas to improve their function and to
enhance their use after school hours.
New or Renovated Facilities for Administration, Maintenance,
Trans ortation, and Warehousin - Many school systems in
North arolina have adequate facilities for administration
and operations while others house these functions in totally
inadequate facilities. This category includes the estimated
cost for adequately housing all administrative, maintenance,
transportation and warehousing functions.
Other Needs - 'School systems have many facil ity needs which
do not fi t the categori es above. For ex amp 1 e, e 1 ementa ry
schools may lack appropriate indoor play areas or multipur-
pose rooms; junior high/middle schools and high schools may
lack teaching theaters. Increased participation in girls'
athletics in grades 7-12 may have intensified the need for an
auxiliary gymnasium. Shifts of student population may result
in the need for system-wide reorganization and, consequently,
new schools. Many kindergarten and primary programs are
housed in conventional classrooms which are inadequate in
size and lack special facilities. Schools may lack or have
inadequate Master Antenna Television systems; an earth
station may be needed in remote areas. More stringent
environmental standards are requiring more sophisticated
sewage disposal systems. This category includes the estimat-
ed costs for school facilites which are not indicated
in categories above.
super;ntenden~
TOTAL
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Date
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$ 600,000
$ 300,000
$ 250,000
$ 1,200,000
$ 2,920,540
S 19,140,540
2/4/;7
Page 4 of 4
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Consent Agenda
Abatements and Refunds
March 10, 1987
Request the following taxes be released as the taxpayer reported incorrect
or incomplete information at the time of listing:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Akers, Charles E. $
Alberti, Caley Eugene
Bradsher, Linda Lanier
Bradsher, Robert Louis
Caro+ina Security Patrol
Coastal Line & Sealing Systems
Crumdy, Edward Lee
Darden, Carlton Nei~ Sr.
DeBose, Belinda Jarman
Dixon, Mary Marshburn
Faircloth, William P.
Fish, Ronald Michael
Frazier, Jerry Lee
Fulford, Jimmy
Glasby, Roy
Habenicht, Ernest Wright
Hales, Harvey D/B/A
Cape Fear Insulation
Hammond, Clarence
Hankins, James Harry
Harper, J.C.
Harvey, Jeffrey Todd
Haskins, Charlie James
Haynes,Wanda Gideon
Hewlett, Amy Naylor
Holliday, William Nathaniel
Hooker, Deborah Ann
Huegy, Joseph B.
Huene, Jane Singletary
International Rehabilitation Associates, Inc.
Jacobs, James T. Etux.
James, George Roderick
Jameson, Cheryl Lynn
Jameson, Tammie Duane
Janke, Helmut J. R.
Johnson, Michael W.
Johnson, William Franklin Jr.
Keel, Paul Heaman
Kennedy, John Robert
Kharrat, ,Fawzia
LMV Leasing, Inc.
Lantzy, Homer Vernon
Locklear, Tina Marie Shepard
Long, Jimmy Ray
Loughlin, Frances W.
Lyons, Thomas Robert Jr.
Mallory, Michael Edward
Marshburn, Carl Browning
McBane, Robert Lawrence Sr.
McClain, Alma Tyson
McClanahan, Karen James
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
15.62(Refund)
6.96
31.43
69.98
22.62 (Refund)
7.60
57.08
29.29
42.06
138.00 (Refund)
103. 11
48.11
53.57 (Refund 42.30)
31. 43
14.27
14.27 (Refund)
77 . 32 (Refund)
17.18
23.58
50.77
3.68
14.27
27.17
37.04
132.40 (Refund)
59.59
12.23
19.84
68.46
16.66 (Refund)
30.07
19.84
5.15
124.92
42.57
6.37
29.29
56.31
245.32
54.67
44.06
38.20
47.01
35.82
256.84
17.64
29.91
30.97
15.63
29.36
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Consent Agenda
Page 2
March 10, 1987
51. McKnight, Dennis
52. McLaurin, Thomas C. III
53. Meadows, Eugene Bradley Jr.
54. Meyland, Belinda Williams
55. Mintz, Barbara Brown
56. Moss, Marvin Ray Jr.
57. Mou~, Robert L.
58. Murray Construction Co. of Wilmington
59. Newell, William Andrew
60. Nick Garrett Inc.
61. Norkett, Kelvin Anthony
62. Norris, Michael Alan
63. Owens, Golie Lee Jr.
64. Parker, Jerry Alfred
65. Parker, William Lacy Jr.
66. Parrow, Wallace Frank
67. Patel, Hitendra
68. Perdue, Donald R.
69. Person, William Earl
70. Peterson, Forrest Mitchell
71. Pigford, Elizabeth A1ams
72. Sellers, Anthony Philip
73. Sampson, Samuel D/B/A
Sampson's Auto Trim Shop
74. Sims, Tony Levern
75. Steele, James B.
76. Terrell, Jonathan Edward
77. Thompson, Tom
78. Tootoo, Auina Ieru
79. Traister, Francis Lloyd Jr.
80. Turbeville, Joel Franklin
81. Video Investment Corp.
82. Water Purification Systems
83. Watson, Linda Moody
84. Webb, Dorothy Mae
85. Wells, Benny William
86. Williams, Amelia Mitchell
87. Wilson, Sandra Elaine
88. Worthington, Edwin Keith
$
43.42
158 . 14
11. 72
14.69
8.49
14.69
26.96
48.57
8.04
1,959.35
19.45
41.44
36.00
39.92
102.78
127.06
65.57
40.97
145.18
83.53
3.68
27.18
57.37 (Refund)
6.37
7.74
199.63
136.01 (Refund)
10.02
55.85
60.22
119.92
42.80
12.49
9.26
38.50
4.37
38.41
49.91
Request the following taxes be released as they are double charged:
1. Alford, Barbara
2. American General Life & Accident Ins. Co.
3. Anderson, Earl
4. Ballard Building Co.
5. Barber Elizabeth Yvonne Higley
6. Biggerstaff, Margie McLamb
7. Blackmon, W.E. & Stephenson
8. Bowman, Betty Walker
9. Burns, Patricia Kellett
10. Butler, Ronald
11. Crawningshield, William Edward J.
.12. Evans, Calvin Carrol
114.49
15.18
112 . 20
114.19
36.33
34.52 (Refund)
237.88
4.37
23.99
42.57
64.59 (Refund)
28.55
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Consent Agenda
Page 4
March 10, 1987
Request the following taxes be released as these charges are due to
clerical errors of state certifying in error; property conveyed in
error; mispriced vehicles, boats, and trailers; property charged in
error; clerk picking up in error; and incorrect penalty charged:
1. Carolina Carriers, Inc.
289.83 (Refund - 207.84)
1982-1986
2. Colony Woods Homeowners
3. Commercial Community System
4. Hoops, Bill
5. King, James Carlton'Jr.
6. McGee, Charlotte Joan
7. Melton, Dennis
8. Piner, JamesB.
9. Rustic Homes of Wilmington
10. Waldorf, John H.
11. Wentz Enterprises Inc.
12. Wiggins, Thurston L.
190.44
36.29 (Refund)
885.66
7.35
5.15
1.84
230.62
7.28
31. 32
7.72 (Refund)
78.33
Request 1986 taxes in the amount of $42.80 charged to Cape Fear Area OIC,
Inc. be released as this is an exempt organization and should not be charged.
:sw
Copy: R. Pope
County Attorney
L. Harrell
Clerk to the Board
C. Beatty
Listing Supervisor
P. Raynor
Collector of Revenue
E. Wells
Business Listing Supervisor
Internal Auditor
IlZ? f;; 0/" r
Charged Per Scrol I
Discoveries Added
1986
$27,236,624.38
2,719,357.98
$29,955,982.36
88,806.96
$29,867,175.40
-28,222,252.57
$ 1,644,922.83
94.49%
CONSENT' AGENDA
DATE: 3:/'/..--:3 /'67
,* .
ITEM No. ;;z"
1985
$25,267,542.71
2,518,099.71
$27,785,642.42
105,049.91
$27,680,592.51
-26,117 ,848.93
$ 1,562,743.58
94.35%
.
NEW HANOVER COUNTY TAX COLLECTIONS
Collections thru February 27, 1987
Less Abatements
Total Taxes Du~
Collections to Date
Outstanding Balance
Percentage Collected
Fir e 0 I s tr Ie t
Charged Per Scroll
Discoveries Added
$ 755,441.29
123,193.58
$ 878,634.87
72,686.81
$ 805,948.06
764,672.87
$ 41,275.19
94.88%
Less Abatements
Total Taxes Due
Collections to Date
Outstanding Balance
Percentage Collected
Back Taxes
. Rea I Estate Taxes $ 736,573.62 $ 802,564.29
Less Abatemen ts 3,099.14 3,790.04
Collections to Date - 330,383.16 406,727.57
Outstanding Balance $ 403,091.32 $ 392,046.68
Percentage Collected 45.04% 50.92%
Personal Property Taxes $ 1,199,783.04 $ 1,082,045.50
Less Abatements 30,324.02 16,618.67
Collections to Date 111,905.94 109,987.32
Outstanding Balance $ 1,057,553.08 $ 955,439.51
Percentage Collected 9.57% 10.32%
Room Occupancy Tax Collections February - $29,326.24, f I sca I YTD $486,299.42.
Privilege License Collections February - $ 959.50, fiscal YTD $20,422.05.
EMS Collections February - $ 78.80, fiscal YTD $902.80.
Total money processed through Collection Office for New Hanover County, City of
Wilmington, Wrightsvll Ie Beach, Carolina Beach, and Kure Beach to date -
$44,910,656.59.
This report Is for fiscal year beginning July 1,1986 (also includes
collections for June 30, 1986).
.
Respectfully submitted,
. -=P~c:.a~, ()-
Patricia J:- a n~~
Col lector of evenue
PJR:sw
,
...
RESOLUTION ACCEPTING OFFER TO PURCHASE SURPLUS
REAL PROPERTY
WHEREAS, certain offers to purchase parcels of real property owned_by
New Hanover County and the City of Wilmington have been advertised for upset
bid in compliance with North Carolina General Statute 160A-269 and pursuant
to resolutions adopted by the City Council of the City of Wilmington and the
Board of Commissioners of New Hanover County; and
WHEREAS, there have been no further qualifying upset bids entered for
the property described on the attached list within the statutory period
allowed by North Carolina General Statute 160A-269; and
WHEREAS, the offerors indicated on the attached list have agreed to pay
the amount indicated on the attached list for those parcels of real property
shown thereon; and
WHEREAS, the property is declared by the County Commissioners to be
surplus and not needed for public purposes; and
WHEREAS, it is in the best public interest and welfare to dispose of
this property in accordance with the negotiated terms and conditions.
NOW, THEREFORE, BE IT RESOLVED:
1. That pursuant to N.C.G.S. 160A-269, the County Commissioners do
hereby accept the offers to purchase as indicated on the attached
list from those offerors as indicated.
2. That New Hanover County will retain any deposit posted by offeror
as liquidated damages if the offeror fails to pay the balance of
an approved offer due in cash within ten (10) days of receipt of a
notice by certified mail of availability of the deed of
conveyance.
3. That the Chairman of the Board of Commissioners of New Hanover
County be and is hereby authorized to execute a deed without
warranties to the offerors as designated on the attached list.
//1 i;' C/ y'1 j'
j/ld~,r. 4,-1, (~ ./ / t./,t'? ~
Chaifman. Board of Commissioners
Adopted at a~
on efJlfrH1( 1
ATTEST:
meeting
, 19 9'7 .
~~'</~
o nty Clerk
,
'.
ADDRESS: 500 Block S. 9th, Street
DESCRIPTION: NWM Part 5 Block 95
"% CITY OWNED: 70
LAND VALUE: $$300.00
ZONING: R3
TAX MAP NO: R05406-021-006.000
OFFEROR: Carolyn A. Baker
2243 Wrightsville Avenue,
Wilmington, N. C. 28403
ADDRESS: ' 700 Block McRae' Alley
DESCRIPTION: Part EM. 4 Block 309
, % CITY OWNED: 37
LAND VALUE: $880.00
ZONING: R3
TAX MAP NO: R04809-029-028.000
OFFEROR: George Simmons, Sr.
1008i N. 7th Street
Wilmington, N. C. 28401
ADDRESS: 600 Block S. 9th Street
DESCRIPTION: Part Lot 2 Block 20
% CITY OWNED: 70
LAND VALUE: $590.00
ZONING: R3
TAX~MAP NO: R05410-004-016.000
OFFEROR: Carolyn A. Baker
2243 Wrightsville Avenue,
Wilmington, N. C. 28403
% COUNTY OWNED:
BLDG. VALUE:
Apt. I
% COUNTY OWNED:
BLDG . VALUE:
% COUNTY OWNED:
BLDG . VALUE:
Apt. I
ASSET NO. 40.00
30
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 42.00
63
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 43.00
30
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
$300.00
$180.00
60
-0-
$880.00
$528.00
60
-0-
$590.00
$354.00
60
.'
.-0-
'ADDRESS: 907 Rehder Alley,
DESCRIPTION: NEM 4 Block 240
'7. CITY OWNED: 59.9
,LAND VALUE: $300.00
ZONING: R3
~AX MAP NO: R04813-022-015.000
OFFEROR: Opie S. King
507 N. 10th Street
Wilmington, N. C. 28401
ADDRESS: ,600 Block S. 9th Street
DESCRIPTION: Part Lot 1 Block 80
7. CITY OWNED: 56.5
LAND VALUE: $300.00
ZONING: R3
TAX MAP NO: R05410-004-017.000
OFFEROR: Carolyn A. Baker
2243 Wrightsville Avenue,
Wilmington, N. C. 28403
ADDRESS: 100 Block Gores Row
DESCRIPTION: NEM 4 Block 148
7. CITY OWNED: 56.3
LAND VALUE: $810.00
ZONING: R3
TAX MAP NO: R04818-037-014.000
OFFEROR: Charles E. Mishoe
109 S. 10th Street
Wilmington, N. C. 28401
% COUNTY OWNED:
BLDG. VALUE:
% COUNTY OWNED:
BLDG. VALUE:
Apt~ I
% COUNTY OWNED:
BLDG. VALUE:
ASSET NO. ~3.00
40.1
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 110.00
43.5
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 117.00
43.7
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
7. OF VALUE:
LIEN:
$300.00
$180.00
60
-0-
$300.00
$215.00
72
-,0-
$8'10.00
$620.00
77
-0-
'.
-ADDRESS: 900 Block Rehder. Alley
DESCRIPTION: Part NEM 4 Block 240
% CITY OWNED: 54 %
LAND VALUE: $300.00
ZONING: R3
TAX MAP NO: R04813-022-016.000
OFFEROR: Opie S. King
507 N. 10th Street
Wilmington, N. C. 28401
COUNTY OWNED:
BLDG. VALUE:
ADDRESS: ,804 N. 7th Street
DESCRIPTION: Part Lots 4 & 5 Block 282
% CITY OWNED: 82 % COUNTY OWNED:
LAND VALUE: $870.00 BLDG. VALUE:
ZONING: R3
TAX MAP NO: R04B13-005-005.000
OFFEROR: Barbara A. McRae
313 Wallington Road
Wilmington, N. C. 28403
ADDRESS: 500 Block Peabody Alley
DESCRIPTION: Part E3 Block 222
% CITY OWNED: ' 84.8
LAND VALUE: $350.00
ZONING: - R5
TAX MAP NO: R04813-034-009.000
OFFEROR: Danny J. Miller
108 Charter Drive
Wilmington, N. C. 28403
% COUNTY OWNED:
BLDG. VALUE:
ASSET NO. 119.00
46
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
, ASSET NO. 206.00
18
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 210.00
15.2
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
$300.00
$180.00
60
-0-
$870.00
$522.00
60
-0-
$350.00
$250.00
i'l
-0-
, ADDRESS: 712 Brooks Alley
DESCRIPTION: Part Lots 3 & 4 Block 238
'% CITY OWNED: 72.9 .% COUNTY OWNED:
LAND VALUE: $250.00 BLDG. VALUE:
ZONING:. R3
TAX MAP NO: R04813-025-022.000
OFFEROR: Ricardo Thomas & Wife Roalyn E. Thomas
1504 Dock Street
Wilmington, N. C. 28401
ADDRESS: ' 809 Anderson Street
DESCRIPTION: SE 1/8 3 Block 284
% CITY OWNED: 65.6
LAND VALUE: $980.00
ZONING: R3
TAX MAP NO: R04813-007-013.000
OFFEROR: Ricardo Thomas
1504 Dock Street
Wilmington, N. C. 28401
% COUNTY OWNED:
BLDG . VALUE:
ASSET NO. 211.00
27.1
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 212.00
34.4
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
$250.00
$230.00
92
-0-
$9~0.OO
$685.00
70
--0-
ADDRESS: 1200 Block S. 6th Street
DESCRIPTION: Pt. Lot 2 Block 540
% CITY OWNED: 84.4
LAND VALUE: $2,150.00
ZONING: R5
TAX MAP NO: R05413-027-010.000
OFFEROR: James S.Mintz & Wife Mable R. Mintz
Route 2, Box 266-1A
Leland, N. C. 28451
ADDRESS: Rear 107 N. 11th Street
DESCRIPTION: Part Lot 4 Block 187
7. CITY OWNED: 56.1 % COUNTY OWNED: 43.9
LAND VALUE: $2,000.00 BLDG. VALUE: $-0-
ZONING: CS
TAX MAP NO: R04818-016-014.000
OFFEROR: Herman Musselwhite
ADDRESS: 908 S. 12th Street
DESCRIPTION: Part Lot 3 Block 41
% CITY OWNED: 80.8
LAND VALUE: $1,720.00
ZONING: R5
TAX MAP NO: R05410-029-017.000
OFFEROR: Elmer Williams
1 CastlewoodDrive
Wilmington, N. C. 28403
1021 Princess Street
Wilmington, N. C. 28401
7. COUNTY OWNED:
BLDG. VALUE:
% COUNTY OWNED:
BLDG. VALUE:
ASSET NO. 234.00
15.6
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
7. OF VALUE:
LIEN:
ASSET NO. 253.00
19.2
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
7. OF VALUE:
LIEN:
ASSET NO.
262.00
TOTAL VALUE:
AMOUNT OF OFFER:
7. OF VALUE:
LIEN:
$2,150.00
$1,980.00
92
-0-
$1.720.00
$2,180.00
127
-0-
$2,000.00
$1,200.00
60
-0-
ADDRESS: 400 Block Clay S~reet
DESCRIPTION: Lot 6 Block 10 Fox Division
To CITY OWNED: 70.8 % COUNTY OWNED: 29.2
LAND VALUE: $1,560.00 BLDG. VALUE: $-0-
ZONING: R5
TAX MAP NO: R04913-003-012.000
OFFEROR: James A.McClenden & Wife Janie B. McClenden
505 Manley Avenue
Wilmington, N. C. 28405
ADDRESS: .815 S. 12th Street
DESCRIPTION: SW! 4 Block 56
% CITY OWNED: 81.8
LAND VALUE: $2,230.00
ZONING: R5
TAX MAP NO: R05410-024-006.000
OFFEROR: Joseph C. Powell & Wife Laura C.
1207 Dawson Street
Wilmington, N. C. 28401
% COUNTY OWNED:
BLDG. VALUE:
ADDRESS: 711 S. 3rd Street
DESCRIPTION: SW! 3 Block 61
% CITY OWNED: 79.9
LAND VALUE: $2,400.00
ZONING: R3
TAX MAP NO: R05409-018-005.000
OFFEROR: James L. Beck
1707 Princess Street
Wilmington, N. C. 28405
% COUNTY OWNED:
BLDG. VALUE:
ASSET NO.
275.00
TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 285.00
.........
18.2
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 287.00
20.1
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
$f,S60.00
$1,000.00
64
-0-
$2,230.00
$2,180.00
98
-0-
$2,400.00
$1,440.00
60
-0-
, .
ADDRESS: 817 S. 4th Street.
DESCRIPTION: Part Lots 3, 4 & 5 Block 48
, 7. CITY OWNED: 67 . 5 7. COUNTY OWNED:
LAND VALUE: $4,520.00 BLDG. VALUE:
ZONING: CB
TAX MAP NO: R05409-028-008.000
OFFEROR: Thomas C. Crossland
3620 Bent Tree Court
Wilmington, N. C. 28403
ADDRESS:. 1200 Block S. 9th Street
DESCRIPTION: Part Lot 1 Block 543
7. CITY OWNED: 89.9 % COUNTY OWNED:
LAND VALUE: $1,980.00 BLDG. VALUE:
ZONING: R5
TAX MAP NO: R05414-011-025.000
OFFEROR: Elmer Williams
1 Castlewood Drive
Wilmington, N. C. 28403
ASSET NO. 295.00
32.5
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
7. OF VALUE:
LIEN:
ASSET NO. 344.00
10.1
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
7. OF VALUE:
LIEN:
$4,520.00
$3.085
68
-0-
$1,980.00
$1,980.00
100
-0-
ADDRESS: 819 S. 4th Street
DESCRIPTION: NW End 6 Part 5 Block 48
% CITY OWNED: 91.7 % COUNTY OWNED:
LAND VALUE: $920.00 BLDG. VALUE:
ZONING: CB
TAX MAP NO: R05409-028-009.000
OFFEROR: Thomas C. Crossland
3620 Bent Tree Court
Wilmington. N. C. 28403
ADDRESS: 822 Campbell Street
DESCRIPTION: Part EM 1 Block 239
i. CITY OWNED: 92.1
LAND VALUE: $830.00
ZONING: R3
TAX MAP NO: R04813-023-026.000
OFFEROR: Johnny Tindall & Wife Peggy Ann Tindall
820 Campbell Street
Wilmington. N. C. 28401
% COUNTY OWNED:
BLDG. VALUE:
ADDRESS: 819i S. 4th Street
DESCRIPTION: Part WEnd' 5 & 6 Block 48
% CITY OWNED: 45.2 i. COUNTY OWNED:
LAND VALUE: $920.00 BLDG. VALUE:
ZONING: CB
TAX MAP NO: R05409-028-01O.000
OFFEROR: Thomas C. Crossland
3620 Bent Tree Court
Wilmington. N. C. 28403
ASSET NO. 483.00
8.3
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 484.00
7.9
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
ASSET NO. 485.00
54.8
$-0- TOTAL VALUE:
AMOUNT OF OFFER:
i. OF VALUE:
LIEN:
$920.00
$1.470.00
160
-0-
$830.00
$500.00
60
-0-
$920.00
$I .445 . 00
157
-0-
ADDRESS: 900 Block Rankin Street
DESCRIPTION: Part EM 5 Block 240
% CITY OWNED: 91
LAND VALUE: $860.00
ZONING: R3
TAX MAP NO: R04813-022-012.000
OFFEROR: Samuel S. Richardson. Sr. & Wife Mary L.
Route 4. Box 198
Leland. N. C. 28451
% COUNTY OWNED:
BLDG. VALUE:
ASSET NO. 227.00
9
$-0-
1;1'
I
TOTAL VALUE:
AMOUNT OF OFFER:
% OF VALUE:
LIEN:
$860.00
$516.00
60
-0-
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A RESOLUTION DECLARING THE INTENTION OF THE BOARD OF
COMMISSIONERS OF NEW HANOVER COUNTY, N. C., TO CLAIM
EXEMPTION UNDER THE PROVISIONS OF SECTION 7(k) OF THE FAIR
LABOR STANDARDS ACT
WHEREAS, Section 7(k) of the Fair Labor Standards Act
of 1938, as amended, requires an affirmative declaration of
the governing body to claim the exemption of said Section in
order to make overtime wages applicable to qualifying
personnel only for time worked in excess of the maximum
hours permitted per designated work period in Section 7(k)
as implemented in 29 CFR 553.12; and
WHEREAS, section 7(k) requires that such a work period
for qualifying employees shall be at least seven days, but
not more than 28 days in length for the exemption to be
valid; and
WHEREAS, the Board of Commissioners has, after due
consideration, determined that it is in the best interest of
the County to claim the following exemptions pursuant to 29
C.F.R. Part 553: Fire Protection (29 C.F.R. 553.3), Law
Enforcement (29 C.F.R. 553.4), Public Safety (29 C.F.R.
663.6), Ambulance and Rescue (29 C.F.R. 553.8).
NOW, THEREFORE, BE IT RESOLVED by the Board of
Commissioners of New Hanover County that the exemption of
Section 7 (k) of the Fair Labor Standards Act of 1938, as
amended, shall make qualifying personnel eligible for
overtime wages only for time worked in excess of the maximum
total work period of 28 days in length permitted per
designated work period.
BE IT FURTHER RESOLVED that the employees exempted
under Section 7(k) New Hanover County shall work on a work
period of 28 days in length.
BE IT FURTHER RESOLVED that this Resolution shall
affect only those position classes listed above which are
eligible for the section 7(k) exemption, and that the County
Manager is directed to notify all affected employees of this
action. ~ .--,
ADOPTED, this~3~ day of ~~ , 1987.
~[)l/kdJ
Chairman, Board of Commissioners
(~
PROCLAMATION
WHEREAS, New Hanover County is rich in natural
resources and beauty: and
WHEREAS, we believe that
keeping their environment clean
together to preserve clean air,
baeauty of their surroundings: and
citizens should contribute to
and healthful, should work
fresh water and the natural
WHEREAS, the New Hanover Clean Community Commission is
dedicated to a county-wide effort to improve our visual
environment: and
WHEREAS, Beautiful Is Better Month is a County-wide
effort to involve individuals in community improvements and
focusing attention on the efforts of concerned citizens
NOW, THEREFORE, we, as the duly elected officials of
New Hanover County, do hereby proclaim the month of April 1987,
as
BEAUTIFUL IS BETTER MONTH
and ask all citizens to work together to preserve the natural
beauty of our county, not only during BEAUTIFUL IS BETTER MONTH,
but throughout the year.
Signed this ____day of April, 1987.
~{)'n&d
No an O'Neal, Chairman
New Hanover County Board
of Commissioners
Carlton Hall, Mayor
Town of Wrightsville Beach
Neil Pharr, Mayor
Town of Carolina Beach
J. Tommy Causby, Mayor
Town of Kure Beach