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1982-09-07 RM Exhibits AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE EROSION AND SEDIMENTATION ORDINANCE OF NEW HANOVER COUNTY ADOPTED JULY 1, 1974 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: SECTION 1. That the Erosion and Sedimentation Ordinance of New Hanover County adopted July 1, 1974, as amended be and the same is hereby further amended as follows: Substitute "New Hanover Soi 1 and v.Jater Conservation Di strict" for "Lower Cape Fear Soil and Water Conservation District" at pages 3 and 7. SECTION 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed.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 the 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 adoption. Adopted this 7th day of September, 1982. ~ I (\t~ .,: ~t . "'" ~ r '. ~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: SECTION 1. That the Subdivision Regulations of the County of New Hanover adopted Feburary 17, 1969, as amended be and the same is hereby further amended as fo 11 ows : 1. Delete Article I, Section 4 and substitute a new Section 4: Section 4 Metes and Bounds The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from these requl~tions. A plat shall be prepared, approved and recorded pursuant to these regulations whenever a subdivision of land takes place. 2. Add the following definition to Article II, Section 1: (19) Subdivision, Minor - a minor subdivision is a subdivision (a) (b) Involving not more than five lots, all of which front on an existing approved street; and Not involving any new streets or prospectively requiring any new street for access to interior property; and Not requiring drainage improvements or easements to serve the applicant's property or interior properties. (c) 3. Add a new Section 5 to Article III, to read as follows: Section 5 Minor Subdivisions Minor subdivisions may be approved by the New Hanover County Planning Department. The subdivider shall submit one original print (drawn in ink on film or linen not more than 21 x 30 inches nor less than 8~ x 11 inches) to the Planning Department. The plat shall conform specifically with Section 47-30 of the North Carolina General Statutes. Within three workin~ days of its receipt of the plat, the Planning Department shall either stamp the plan as an approved minor subdivision, or notify the subdivider that the plat fails to conform to the definition of a minor sub- division. 4. Delete A~ticle III, Section 4.5 ("Planning Board Action") and Section 4.6 ("County Commission Action") and substitute the following: 4.5 Planning Department Action. The final plat shall be submitted to the Planning Department for its approval. The Planning Department shall review the final plat for compliance with the requirements of this ordinance, and any other specifications which were agreed upon at the time of the review of the preliminary plat. Approval shall be indicated in writing on the original tracing. If the final plat is disapproved, the reasons for disapproval shall be stated in writing. Decisions of the Planning Department may be appealed to the Board of County Commis- sioners. Decisions of the Board of County Commissioners may be appealed to the Superior Court. I ~.. . ,. ',.... [ '1: ~ .. SECTION 2. Any ordinance or any 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 the 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 adoption. Adopted this 7th day of September, 1982. ~ gl-~?a-rr- /9, .:= EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS The Board of Commissioners of the County of New Hanover, North Carolina, met in regular session at New Hanover County Administration. Buildinq, In Wilmington, North Carolina, the regular place of meeting at 7 o'clock, ~.M., on September 7, 1982. The following Commissioners were: PRESENT: Donald P. Blake, Chairman Howard L. Armistead, Commissioner Jonathan Barfield, Commissioner Karen Gottovi, Commissioner Claud O'Shields, Jr., Commissioner ABSENT: ... None * * * * * * * * * * * * * A representative of The New Hanover County Indus- trial Facilities and Pollution Control Financing Authority appeared before the Board and advised the Board of the Authority's adoption of a resolution expressin9 its inten- tion to issue revenue bonds and authorizing the execution and delivery of an inducement agreement pertaining to the financing of a pollution control project for Corning Glass Works. The representative delivered copies of the resolution and the inducement agreement to the Board. A discussion of the project took place. Commissioner O'Shjelds introduced the following resolution which was read at length: WHEREAS, the Board of County Commissioners has created a political subdivision and body corporate and politic of the State of North Carolina known as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"), and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Cha~ter 159C of the General Statute of North Carolina (the "Act"), to issue revenue bonds for the purpose, among others, of paying all or any part of the cost of any pollution control project for industry; to acquire, construct, improve and equip any such project; and to make and execute financ- ing agreements, security documents and other contracts and instruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a portion of the costs of the acquisition, construction and installation of certain -2- air and water pollution control facilities at the existing plant of Corning Glass Works, in Wilmington, North Carolina (the "Project"); and WHEREAS, the Authority intends to file an applica- tion for approval of the Project with Secretary of the Department of Commerce (the "Department"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that no application for approval of a project will be officially received until the governing body of the county from which the application is made has, by requla- tion, approved in principle the proposed project and a certified copy of such resolution has been provided to the Department; and , WHEREAS, the Board of County Commissioners desires to approve the Project in principle; NOW, THEREF0RF., BE IT RESOLVED by the Board of County Commis- sioners of the County of New Hanover as follows: (1) The Project is hereby approved in principle. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to the Department. (3) This resolution shall take effect immediately upon its passage. -3- Commissioner O'Shields moved the p~ssag~ of the foregoing resolution and Commissioner Barfield seconded the motion, and the resolution was passed by the following vote: AYES: Commissioners Armistead, Barfield, Gottovi, O'Shields and Chairman Blake NAYES: None " -4- (SEAL) ~TAT& OF NORTH CAROLINA :ss.: COUNTY OF NEW HANOVER I, Alyce~~Brow~__, Clerk of the Board of Commissioners of the County hereinafter described, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commis- sioners of the County of New Hanover, a county in the State of North Carolina, was duly held on September 7, 1982, proper notice of said meeting having been given as required by North Carolina statutes, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accord- ance with law for the purpose of recording the minutes of said Board. 2. I have compared the attached extract with said'minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this -L day of September, 1982. t?/~-,-~.~~ Clerk Board of Commissioners ....,....