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HomeMy WebLinkAbout1987-03-23 RM Exhibits ,. , .. " ',. . . .. . . . . . . . '" . '.. . -. - . . . . . .' . '. ." . . ,-. ~ . '. ., . . . " APRIL 3, /978 AS AMENDED !. TABLE OF CONTENTS ~ 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 ................ 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 ~ 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 ~ 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 -2- 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. . 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 -3~ 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. J 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 ! -4- ~ 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. ~ -5- . 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 -6- . 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 -7- . 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 -8- A 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 -9- . 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 -10- 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 -11- f. 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 If. g. h. -12- 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 -13- ~ 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: . (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- . . . 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. -4- ,/ " .~ { ~.- 'I ............................................................................................................ .~~ - .~ ~roclamation l' . . . . . . . . . . . :1 . . . . . . 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 .;3..t~ . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 ~,-~ 1'/ ~ ,. 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) -. ..........:;V"; ". . ->.. ;.;:.. ~-....__._..--.. . ~~.". ,..;.' ;, ~ -..~ ~:;'::,'. :-:.'~_::"~~'''''''':: -,"'-'''-,-:~:.:f::'-~'''''' ~~~:;;.-> . '~ . .-. .~. ,""' " _ "-:-''"''_''''''':;:. .....,... ~:.. .;_. .~_" ._-;_', _~:___. '_ ,;.;..-1,.... _.- ;,._ ._ .""~_ -.-......t.T.-A..:~. ", ..~~-~~-."",~.'-...... ~--c~........:;.,,~-,'""-"'."'......,.~- ~, ~ ............................................................................................................ .~~ .~~ iBnar" nf QInmmillllinntrll ,. 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. ~:~ ~. ~- ~ <'~ . . ............................................. .... .. . . . . . . . .. . . . ..... ............. ............ . .. .. . . .. .. ... II." - ,p '-= ~ 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. " 7~~!)/~e Nolan O'Neal, Chairman ATTEST: ~~:, .t/~ 2 . . I ": 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 ( .- (' <')(7 . /7 _' / 'V t" / 7 {,{J d/tL l~/ -; Zc~rl Chairman ~ cf2J ~~e7 B/AY~!e{, q; ~rri~~ Page 2 of 4 / ." 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 " 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/~ C airmanv ~~ Secretary, x-o ~ ;).. /1:/ g '7 I Da te - c2../ if! 17 Date ./ ;' / / Page 1 of 4 . . 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 ~- ------ Date ~ $ 600,000 $ 300,000 $ 250,000 $ 1,200,000 $ 2,920,540 S 19,140,540 2/4/;7 Page 4 of 4 . . . ~ 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 . . . .'! 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 . . . ....~ 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- ,"JI~.JS ~-- .- ""JLJ r- \\ r---r---. I . '.-- ,A , I~ _ '-" -r .~ r,.. cj , \L~j,~i I I ~ H ~~!! \: _ _ II I "'. 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I , I I I \ I \ \ , I , , , I , .. , ~r-~ , ~~ , l.~ \ ! \ - , - . . ; , I I .~ :t.::.l~ \ , I CX)U"T" . . n"i .. \"n'l I' .... L \, I . .J ",1, -, I \ I I c.. -< ;:: :-- !- - ~I ~ - ..; -< ~ ::: .~ z ... ..l o ::: ~-< (-I 'U 0- ~ ~ r~ 0 ~z ?1;.: H ~ ~ "'-'1 C F~ V ~~ ~ ~ ~ ~! :::, =1 " ; 'I 1:: . :> ;:: o Z -< ... ... ~ r :.: z :~::;::J .; ~. ~~~:~~S: . .'.' -~' -'-' - - -' I ~~~i~U: ~~J - - . " ;: ~ i ! o L~__._ ; ;.----..--: ri ~-~. ~ I I ~ I I j i ! ~ , ~ ~z~~. I ;, ~ .' -c ~ . c . . f ; t!'3:: S ~ t ! 1 ' , I!:, ,I < , ; : l ! 1 ! , ~nHn! II.> _, i (J , ~ ih,li . ;,_', ;, H,: ~: ~ ~ IJ. ~. :. ~ ~ ,". T .. : n;;: i11 ;- : ~ ,~ ! ;. , I 1!lllm r I 1 .,: ');.." ': :; n!;' , , I I ! ~ ~ i I : C I r ~ I I . . 'J :.1. ii: :L ~ II ~,H 1 e-l ~ ~ :I ',> ;~":~~ ;'fl!' ;.... [~:.' ." "."-' " dt:';1 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