HomeMy WebLinkAbout1986-01-06 RM Exhibits
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RESOL U'l'I ON
OF THE
NEW HANOVER COUNTY
BOARD OF COUNTY COMMISSIONERS
WHEREAS Chapter 480 of the 1985 Session Laws
appropriated State funds to be allocated to city and county
governments to support up to fifty (50%) percent of the
nonfederal cost for water and sewer construction projects in
each year of the 1985-87 biennium; and
WHEREAS Chapter 480 requires that the funds in
each year of the biennium be distributed based on (1) the
ratio of the county population to the total population of
the State as of July 1, 1984, and (2) the ratio of the city
population to the total population of the County as of July
1, 1983 with boundaries as of July 1, 1984; ~nd
WHEREAS Attachment 1 attached hereto
incorporated herein by reference establishes a New
County allocatioh of $1,028,954; and
and
Hanover
WHEREAS Section 5.12(g) of Chapter 480 authorizes
a county to transfer some or all of its suballocation to a
government unit authorized to provide water or sewer
services to customers within that county; and
WHEREAS New Hanover County desires to transfer all
of its allocation to the New Hanover County Water and Sewer
District;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. New Hanover County hereby transfers its entire
interest in the following allocation to the
New Hanover County Water and Sewer District:
Wastewater Collection/Treatment Facilities $668,818
Water Facilities $360,136
Total Allocation
$1,028,954
1
I
New Hanover County hereby transfers any future
interest, which it may acquire in a reverting
city suballocation pursuant to Seption 5.12(e)
of Chapter 480, to the New Hanover County
Water and Sewer District.
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. A TTE S TP!aoallmo3000Gel'>~
2 .
irman, Board of ounty
Commissioners
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Cle k to the Board
2
WATER AND SEW~R FUNDING ALLOCATIONS
"
AREA COUNTY BALANCE
COUNTY NEW HANOVER
.1\lLOCATION
PURPOSE
(A) WASTEWATER COLLECTION/TREATMENT
FACILITIES
(B1 WATER FACILITIES
TOTAL ALLOCATION
STATISTICS
1984 STATE POPULATION
6164201
1984 COUNTY POPULATION
110139
1984 COUNTY ALLOCATION
TOTAL
WASTEWATER COLLECTION/TREATMENT
FACILITIES
\
WATER FACILITIES
1983 POPULATION SHARE OF YOUR AREA
TO THE COUNTY (IN 1984 BOUNDARIES)
~
1985-86
$ 334"109
$ 180068
$ 514477
ATT ACHMENT 1
,". ._, ,',....:,.
1986-87
$ 334409
$ 180068
.$ 514477
.$1072050
$ 696833
$ 375217
47..98886 PERCENT
\
\
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NEW HANOVER COUNTY RESOLUTION
FOR SDA DESIGNATION
WHEREAS, the Job Training Partnership Act of 1982 allows local governments to
form a consortium and seek designation as a Service Delivery Area; and
WHEREAS, such a consortium agreement requires:
1. A formal declaration of membership by resolution of the interested local
governments;
2. Agreement of an organizational structure; and
3. The identification of a chief elected official empowered to act on behalf
of the membership.
NOW, THEREFORE, BE IT RESOLVED that New Hanover County JOlns with interested
counties in a consortium seeking designation by the Governor' as a Service
Delivery Area through Fiscal Year 1989, working through the Cape Fear Council
of Governments as the administrative entity for the consortium, and naming the
COG Chairman as acting Chief Elected Official for the purpose of pursuing such
designation.
BE IT FURTHER RESOLVED, that upon designation of the Cape Fear Service
Delivery Area, each participating county will have the opportunity to decide
the nature and extent that it wishes to be involved in the administration of
the program.
ATTEST:
~'<JI /~
~~~~
airman
I hereby certify that Juring a regular meeting of the New Hanover County Board
of Commissioners on df/k. . / t, , 19~ the above resolutioh was adopted.
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fBoarll of (!tommi.6.6ioner.6
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N.em lIanou.er (!lounty
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i!{.e5 olution
BE IT RESOLVED, that on January 6, 1986, the,Board of County
Commissioners hereby give their unanimous approval of New Hanover
County's 1985-86 Land Records Agreement under the North Carolina
Land Records Management Program. A $16,000 grant award shall be
used to assist in computerizing our land records system along
with the installation of a Management and Planning System (MAPS).
I,
Signed this 6th day of January, 1986.
~~ /.,a
onathan Barf~d, Sr.
Chairman
ATI'ACHMENT II. A. 2. a.
RESOLillION AUTHORIZING THE DEVELOPMENT
OF KINGS GRANT PARK BY
THE NEW HANOVER COUNTY
OOARD OF CCM1ISSIONERS
WHEREAS, the Land and Water Conservation Fund Act of 1965 provides for the
making of grants by the National Park Service, Department of Interior of the
United States Government to States and to local municipalities in support of
Outdoor Recreation projects and such funds are available after approval of the
appropriate State Agency and the Bureau of OUtdoor Recreation; and
WHEREAS, the State is required to insure that there will be no discrimination
against any person of any race, color, sex, creed, or political affiliation; and
WHEREAS, the Board of Ccmnissioners of the County of. New Hanover realizes
that recreation facilities are not adequate to meet the minimum recreational
needs of the people of New Hanover County; and
WHEREAS, it is. believed that said Board of Ccmnissiollers with the assistance
of the general public is now in a position to lend full support to the developnent
of a County of New Hanover park.
NOW, THEREEDRE, BE IT RESOLVED BY THE OOARD OF COMMISSIONERS OF THE COUNTY
OF NEW HANOVER, NORI'H CAROLINA:
(1) That an application be made to the National Park Service, Deparbnent
of Interior of the U. S. Government through the State of North Carolina for a
development grant of $27,500 which represents fifty percent (50%) of all costs
($55,000) including preparation, plans, and construction of recreational facilities
to be canpleted in the fiscal year 1986-87.
(2) That the County Manager of the County of New Hanover be authorized and
directed to file such application on behalf of the County of New Hanover, to
provide additional information and furnish such documents as may be required by the
National Park Service and the State of North Carolina and to act as the authorized
correspondent of the County of New Hanover.
(3) That the Director, National Park Service, Department. of Interior of the
United States Governrrient be, and hereby is assured of full canpliance by the
applicant with the regulations promulgated pursuant to Title VI of Civil Rights
Act of 1964.
I move the adoption of the foregoing resolution.
Carrmissioner
SECONDED BY:
Read, approved and adopted, this
Ccmnissioner
. day of
,198 .
Chainnan
Clerk
,{
.-~:_.__._._~!...-..
!
Ytar mOll,1t day
3. STATE
APPLI-
CATION
IDENTI.
FIER
NOTE: TO BE
ASSIONED
BY STATE
OMB No. 0348-0000
l i, r'fPE
OF
SUBMISSION
(Mad ap-
rr.>pri.'1U
I"".T)
o NOTICE OF INTENT (OPTIONAL)
o PREAPPLICA TlON
~ APPLICATION
2. APPLI-
CANT'S
APPll-:
CATION
IDENTI.
FIER '
I. NUMBER
fEDERAL ASStST ANCE
b. DATE
DATE
ASSIGNED
y,t" _t11 d4y
19
19
Ltaw
Blall"
0li:(~^l APPLICANT IRECIPIENT
i (I IIppi~nt Name New Hanover County
I h ()(g8nu:ation Unit Parks and Recreation
. !,~ Stre-atlP.O Bo. 414 Chestnut Street
, d ~>t., Wilmington
I .
,~ ~;~lIie North Carol1.lla
5. EMPLOYER IDENTIFICATION NUMBER (EIN)
'" Con'.p.ct PlIrJlI)n (Nam'Mike. Waters
, ,I: 1',i,'pJ,uni No) (919) 341-7198
: GY1--I:;L~' ~)F APPLICANT'S PROJECT (Use section IV of this form 10 prOvide a summary description 01 \he
",: ~H'~fv.;t.) :.
. ,
Roan 101
e. County
g. ZIP jCode.
I
New Hanover
28401
6.
PRO-
. GRAM
I. NUMBER ~
(From CFDA)
",rl
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il i
Kings Grant Park
MUL TlPLE 0
b. TITLE Outdoor Recreation
c uisition, Development,
8. TYPE Of' APPLICANT IRECIPIENT P 1 ann i n 9
A-Slate G--SpedoI ""- 0l001ct
8-_ ~ _ Avon<l
C--Suboalo ~ E__
o.v--> J-.- r_
P-<Anly K....oot. fSt1<<if1):
E -Qty
F-Schocl 0IaIcl
Ellt" appmpri4" kit" D
C).. -.. ---~ROPOSED FUNDING 1-;;
"-"..-,,...''---- i-
rFI~(R~l Is '1'7 c::("~OO i a. APPLICANT .
. __'__I_~-#-..8l! 7th
" ,.('PtiCANT ' .00
. :;1;;~ ---------1'- .~ @ PROJECT START
(-)(;~:. _~ ~-~~-T 27.L~Q9--.OO DATE y"" mOflthdOI'
I I 1986 08 15 ____li___ Months
".);:iFI:_________,_______ .OO'16.DATEOUETO Y,a, month day
· "'lil :s__~_5_tQOQ____.OO I _FEDERALA~=-~~ ~ 19
"; :.rl"HAL,'\Gl:NCYTORECEIYEREQUEST U.S. Department of thQ Interior
.'i ()%ANIZArlo~iiil:UNIT(iF APPROPAIATE)- --L'b. ADMINISTRATIVE CONTACT (IF KNOWN)
National Park Service 1443 .
... - -- ._-------,-
10 ESTIMATED NUMBER 1,. TYPE OF ASSISTANCE
PERSONS BENEFITING :~ Cltw10 ~
c-"-
6 850
&ow. __
"."U 1nln(J/
[]]
'.~ GJAtj-i.:-A OF PROJECT IMPACT (Nom" of ci/i,J. COIIfl/its, ItO/'J. ,tc.)
. , New Hanover County
CONGRESSIONAL DISTRICTS OF:
14. TYPE OF APPLICATION
A__
~
c--.
~
E~
Enur.""..",..u Inu, 0
7th
PROJECT
DURATION
17. TYPE Of' CHANGE IFor 14c or 11<)
A-__ ~ F....oot. 1Sp<<,fy):
s-o.c._ ~
c-__~
[).-{)ocr_ 0l.r0I0n
E~
En/., IIppn:J-
ptV/tllt1"t1r(.)
ITD
20. EXISTING FEDERAL GRANT
. IDE~TlFICATtON NUMBER
75 Spring St., S.W., Atlanta, Georgia
30303
~: l~DIJHLSS
REMARKS ADDED
') . -- -- ---rio'\i~-beSl of my knowledge and belief,
I data in Ihis preapplication/applicalion
I are truA and correct. lhe document ha9
00ft11 duly authorized by lhe governing
: body of the applicant and the applicant
i will comply t1'h the at1ached assurances
i it the assisUince is approved.
.------,,-... I __
... Q '.., 'r" ! a TYPED NAME AND T1T~E .
,:::?!,,~r-,I.',> I Jonathan Barfleld - ChallTIlaIl . . .
'~/.::::-:~::\I_r::..J__~~~J:!anover County Board of COITIllUSSloner
. ;>.1 .'IPPl j(:".- r..", month day 25_ FEDERAL APPLICATION IDENTIFICATION NUMBER
. 'HE
r'Y'FUCANT
- .~'IHlc'ES
t.~!A 1 r-
y D No
a. YES. THIS NOTICE OF INTENT/PREAPPLlCATlON/APPLfCATlON WAS MADE AVAILABLE TO THE STATE
EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
DATE . .
b. NO, PROGRAM IS NOT COVERED BY E.O. t2372 0
OR PROGRA~ HAS NOT BEEN SELECTED BY STATE FOR f!EVIEW 0
b. SIGNATURE
~ 1': ..."
26. FEDERAL GRANT IDENTIFICATION
!.';:;f:f,IVED 19
......_,--- ------...
AC1H.)N T AI(EN
., ,\'y\(,ROE[1
r~cr:':: rED
. ,(: ''1', TJHNEO FOR
t',Mf:Nl)MENT
. .. :::::: 'Uf~NED FOR
f:O 1237~ SUBMISSION
::,y APPLICANT TO
~;'!" I... '!'E
, ! tJ OFq:~lflEO
. I I W'; H'_)RAWN
r-
e. FEDERAL
b. APPLICANT
c. STATE
11. LOCAL
e. OTHER
I f. TOTAL
i
FUNDING
YN' month
day
30. Y tQ, moIIth dolt
STARTING
DATE 19
32. Yta, trIOIIth do"
ENDING
DATE 19
33. REMARKS AOOED
.00
.00
29. ACTION DATE~ 19
.00 31. CONTACT FOR ADDITIONAL INFORMA-
TION (Nom, OM td,plwn, IIl1m~r)
s
s
.00
.00
.00
o Yes
DNo
. i:-,.F.' '::". rl::.:J-eit'7.
424-103
STANDARD FOAM 424 PAGE 1 (Rev. 4-84)
Prnm'b<</ by OMB Cim.l", A-IO}
"'."_:~ :c[;orION
. '.~: \ 'S.1\.8!_~
DETACH AND, AS NECESSAHY, STAPLE 1U AHUVI: ::lHI:I: I.
SECTION IV-REMARKS (Please reference the propBr item number (rom S<<tionJ I, 11 or 1/1, i( /fpplic/fbleJ
Section I - Item 7
SUMMARY DESCRIPl'ION
This. project will allow for the developnent of a carrmunity parkin
an area which currently lacks any public recreational. facilities or
maintained open space~ . In addition to necessary site preparation,
elements within this project .include playground equipnent, developnent
of a multi-purpose.hard surface court, ballfield and picnic facilities.
STANDARD FORM 424 PAGE 2 (REV. "'84'
A'ITACHMENT II. 2.b.
RESOLUl'ION
FOR THE
ASSURANCE OF AVAILABILITY OF MATCH
State of North Carolina
County of New Hanover
WHEREAS, at .the rreeting
of the New Hanover County Board of Ccmnissioners , a IOCltion was nade
and duly seconded that the New Hanover County Board of Camnissioners
agrees to the followin9: In the event a Land and Water Conservation
Fund grant is awarded by the Department of Natural Resources and
Carmunity Developnent, the N. H. County Board of Commissioners
certifies and assures that it has the ability and intention to
finance its 50% share of the total project cost of $ 55 , 000 . 00
BY:
Authorized Representative
Title
Notary Public
ATTACHMENT II. A. 3
NOTICE OF COMPLIANCE WITH SECTION 504 OF THE
REHABILITATION ACT OF 1973
NAME OF APPLICANT'
New Hanover County
NAME OF PROPOSED PROJECT
Kings Grant Park
The applicant understands and agrees to abide by the following:
If the proposed project receives Land and Water Conservation
Fund Assistance provided by the National Park Service ~N~S)
of the Department of Interior, then pursuant to the requirements
of Section 504 of the Rehabilitation Act of 1973, "no qualified
handicapped person shall, on the basis of handicap, be excluded
from participation in, be denied the benefits of, or be subjected
to discrimination under any programs or activity receiving
Federal financial assistance.
Signature of Authorized Representative
Date
.'.'
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ATTACHMENT II. A. 4
The Sedimentation Control Act of 1973 requires an approved Soil Erosion
Control Plan.
"An erosion and sedimentation control plan shall be
. prepared and filed with the Commission, or local govern-
ment having jurisdiction, prior to the commencement of
any land-disturbing activity whenever the proposed.
activity is to be undertaken on a tract comprising more
than one acre, if more than one contiguous acre is to be
uncovered~" (General Statutes, Chapter 113A, Article
4) .
This plan must be submitted to the Land Quality Section of the Department
of Natural Resources and Community Development at the appropriate DNRCD
Regional Office serving your area at least thirty days prior to the
initiation of any land-disturbing activity.
The Applicant agrees to follow requirements of the Sedimentation Control
Act.
Date
Signature of Authorized Representative
v
ATTACHMENT II. A. 5.a.
NOTICE OF LUlITATION OF USE
NAME OF APPLICANT:
New Hanovel;" County
NAME OF PROPOSED PROJECT:
Kings Grant Park
The Applicant understands that IF:
the property identified on the project boundary map of this
application is acquired and/or developed with Federal financial
assistance provided by the National Park Service (formerly the
Bureau of Outdoor Recreation) of the Department of the Interior
in accordance with the Land and Water Conservation Fund Act of
1965, as amended, 16 V.S.C. ~460l-5 ~ ~. (1970 ed.); THEN,
pursuant to a requirement of that law, this property may not be
converted to other than public outdoor recreation uses (whether
by transfer, sale, or in any other manner) without the express
written approval of the Secretary of the Interior. By law, the
secretary shall approve such conversion only if he finds it to
be in accord with the then existing comprehensive statewide
recreation plan and only upon such conditions as he deems necessary
to assure the substitution of other recreation properties of at
least equal fair market value and of reasonable equivalent use-
fulness and location."
Signature of Authorized Representative
Date
2/81
BOR 101
ATTACHMENT II. A. 5. b
AFFIDAVIT
COUNTY OF
New Hanover
: i
STATE OF NORTH CAROLINA
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Personally came before the undersigned attesting officer, duly autho-
. !
rized to administer oaths,
Jonathan Barfield
: i
who being duly sworn, an oath states that he has personal knowledge of
: I
the facts set forth in this affidavit, and that he/she makes this affidavit
for any and all purposes authorized by law.
The affidavit states on oath:
I hold the position of Chainnan for the N. H.
of Comnissioners and have been duly author {zed by resolution
of the Board of Corrmissioners
adopted on the _day of to execute this affidavit and
Notice of Limitation of Use on behalf of said
Board
: 1
and to record this affidavit in the land records in the Office of the
. !
New Hanover
Register of Deeds of
County, North Carolina.
Said resolution further requests that this affidavit be indexed in
the name of the New Hanover County
in the grantor index and indexed
in the name of the Department of the Interior in the grantee index of the
Office of the Register of Deeds.
! '
The undersigned has personal knowledge that the Notice of Limitation
I:
I
;
of Use set forth below has been made part of and/or attached to the
Register of Deeds - N. H. Count~ublic property record of the subject
!
which has been duly recorded at the New Hanover County Judicial Building
(Locations, i.e., City Hall, Court House)
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(Book No., Page No.)
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Board.
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NOTICE OF LIMITATION OF USE
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I: "The property identified has been acquired or developed with Federal
financial assistance provided by the National Park Service (formerly
the Heritage Conservation Recreation Service) of the Department of the
Interior in accordance with the Land and Water Conservation Fund Act of
1965, as amended, 16 U.S.C. 8 4601-5 et ~. .(1970 ed.). Pursuant to
a requirement of that law, this property may not be converted to other
than public outdoor recreation uses (whether by transfer, sale, or in
any other manner) without the express written approval of the Secretary
of the Interior. By law, the Secretary shall approve such conversion
only if he finds it to be in accord with the then existing comprehensive
statewide recreation plan and only upon such conditions as he deems
necessary to assure the substitution of other recreation properties of
at least equal fair market value and of reasonably equivalent usefulness
and location."
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;! Further affiant saith not.
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This the
day of
, 19
Sworn to and subscribed before me
! ;
I' this
day of
, 1983.
i:
I
(Notary Public)
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New )Jannuer OJlluntU
1Boar?t of (!tnmmillsioutf.6
1Rtsolutinn
WHEREAS, there is a demonstrable need for fire protection
service in the unincorporated County; and
WHEREAS, it is impracticable to provide these services on a
County-wide basis; and
WHEREAS, it is economically feasible to provide fire
protection service in the unincorporated County without
unreasonable or burdensome annual tax levies; and
WHEREAS, there is a demonstrable demand for fire protection
services by persons residing in the unincorporated County;
NOW, THEREFORE, the Board of Commissioners do hereby resolve
that a New Hanover County Fire Service District shall be
established to aid in the provision of fire protection service
for the unincorporated County as existing on January 6, 1986.
Signed this _~~day of January, 1986.
~~~
Chairman
/
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~ -.
.\_ a 11111.. D II II 1111. II" 111111 11.111111 .-.... II II tlI. II. II. II II..... a II II II II.... II.. II a II II II II..... III II a.... 1111. II II II II. II. II II. II" II. II" II . ..
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA AMENDING
THE ZONING ORDINANCE OF
NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section I. That the Zoning Ordinance of the County of New Hanover adopted
October 6, 1969, as amended be and the same is hereby further amended as fol lows:
1. AMEND 59.4-2 Appl icability - The development and improvement of
property, including the subdivision of land shall be subject to these
performance controls If the parcel of record Is located wholly or
partially within a COD.
2. ADD 59.4-2 (3) The development of subdivision of a parcel that meet both
of the following conditions:
(A) No part of the development or subdivision shall be located
within a distance equal to or less than the setback
distance (specified In section 59.4-5) of any conservation
resource or space existing on the parcel or on a
contlnguous parcel of record.
(B) No part of the development or subdivision shall be located
on any portion of the parcel that Is part of the upper
drainage basin for any conservation resource or space on
the parcel or within the specified setback on a
continguous parcel of record.
3. AMEND 59.4-3 Conservation Resources - If a parcel on record as of .(date of
adoption of this Ordinance) Is associated with anyone of the
conservation resources having the minimum district areas listed
below then the parcel shal I be subject to the fol lowing
performance controls...
...Conservation Resources
-..
(1) Ecological resources
1. Swamp forest
2 .Pocos I n
3. Savannah
4. Natural ponds
5. Freshwater marsh
6. Brackish marsh
7. Primary nursery areas
8. Barrier Island -Beach complex
Including dunes
Maritime shrub thickets
Salt Marsh
Animal and Plant Natural Areas
of Special Significance
(2) Archeological/historical r.eso~r.ces
Minimum distinct area
2.5 acres
2.5 acres
2.5 acres
0.1 acre
0.1 acre
0.1 acre
0.1 acre
9.
10.
11.
0.1 acre
1.0 acre
0.1 acre
no Ifmit
no Jim I t
4. 59.4-4 General Performance Controls ~ The following general performance
controls apply to all uses within a COD that are subject to
controls as determined by Section 59.4-2 and Section 59.4-3.
(1) Required amounts of conservation space
'\' ','. .. .", ,
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(A) Conserva+ion space is defined as +ha+ por+ion of +he
conserva+ion resource +ha+ shall be preserved, as determined by
+his Sec+ion.
(B) Conserva+ion space may no+ be reserved provided +he developmen+'
or subdivision of +he parcel mee+s +he condi+ion specified in
Sec+ion 59.4-2(3)(A).
wi
If +he developmen+ or subdivision does no+ mea+ +he condi+ion
specified in Sec+ion 59.4-2(3)(B), however, +he developmen+
or subd I v I s ion sha II mea+ a pp II cab Ie dra I nage and se1back
regula+lons specified in Sections 59.4-4(7) and 59.4-5.
..
CC) Conserva+ion space shall no+ be required -to be reserved for +he
folloving resources unless +he -total acreage of minimum dis+inc+
areas on +he parcel of record exceeds +he follovlng minimum:
Resource .
Total Aggregate Minimum Acreage
Swamp Fores+
Pocos in
Savannah
5 acres
5 acres
5 acres
WORKTABLE FOR DETERMINING REQUIRED
CONSERVATION SPACE AND DEVELOPABLE LAND
5. Maritime shrub thickets (10)
.7
6. AMEND 59.4-4(4)(A)
. (1) Dedication of the conservation space or of a conservation easement In
perpetuity to and acceptance by the County for use as parks, recreation
areas, or of the suitable public purposes, or...
7. AMEND (3) The owner of the parcel on record may retain sole ownership of the
conservation space. The conserva+lon space sha II no+ be
subdivided.
8. DELETE: (5) Residential controls - For al I ...
(6) Clustering - modification .and...
9. Under. Section 59.4-4(5) Groups 1, 2, 3, 4
(B) Rentention of Runoff - In...Englneering
DELETE: Industrial, commercial, office...
Section 2. Any ordinance or any part of any ordinance in confl ict with this
ordinance, to the extent of such confl ict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of publ ic health,
safety, morals, and general welfare of the Inhabitants of the County of New
Hanover, North Carol ina, and shal I be in ful I force and effect from and after its
adoption.
Adopted th i s 6th day of
January
, 1986.
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CHAIRMAN ~ND COMMISSIONER
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