Agenda 2011 12-05New Hanover County,
North Carolina
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I NIOIO�Ook
December 5, 2011
Agenda
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity • Accountability • Professionalism • Innovation • Stewardship
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AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN
TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
li FQ r
M&A
DECEMBER 5, 2011
• 11'
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
INVOCATION (Robert Campbell, Senior Pastor, New Beginning Christian Church)
PLEDGE OF ALLEGIANCE (Commissioner Richard G. Catlin)
CONSENT ITEMS FROM PREVIOUS MEETING
APPROVAL OF MINUTES (Agenda Review Meeting held on November 17, 2011 and Regular Meeting
held on November 21, 2011)
PRESENTATION OF CITY /COUNTY GOLF TOURNAMENT TROPHY TO CHAIRMAN BARFIELD
(Bruce T. Shell, County Manager)
ELECTION OF CHAIRMAN AND VICE - CHAIRMAN (Wanda M. Copley, County Attorney, Presiding)
FIVE - MINUTE BREAK
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Adoption of Public Officials Bond Resolution
2. Approval to Accept an Additional Allocation of $41,750 from the Cape Fear
Area Agency on Aging for the Home and Community Care Block Grant and
Adoption of Ordinance for Budget Amendment 12 -110
3. Adoption of a Resolution of Policy for Mutual Assistance with Other Law
Enforcement Agencies
4. Adoption of Budget Amendment
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
6:25 p.m. 5. Consideration of Beach Nourishment Interlocal Agreement
6:40 p.m. 6. Public Hearing
Zoning Text Amendment (A -397, 11 /11) - Request by Staff to Amend the
Administration and Enforcement Procedures Outlined in Article X to Update
Terminology and Add References to Pertinent Sections. This amendment will
also add references to Article V. Sections 51.5 and 59.4, and Article VI, Section
69.4.
7:10 p.m. 7. Public Hearing
Zoning Text Amendment (A -398, 11 /11) — Request by Staff to Amend the Legal
Provisions of Article XIII, Sections 131-133 and Section 136 to Clarify the
Enforcement Procedure and Update Terminology
7:40 p.m. 8. Public Hearing
Zoning Text Amendment (A -399, 11 /11) - Request by Staff to Amend the Board
of Adjustment Provisions in Article XII to Update Terminology
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
PUBLIC COMMENTS ON NON - AGENDA ITEMS limit three minutes
Board o ommissloners Meeting
12/05/2011
ADDITIONAL AGENDA ITEMS OF BUSINESS
8:20 p.m. 9. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:30 p.m. 10. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
12/05/2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
CONSENT
ITEM: 1
DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney
CONTACT(S): Kemp Burpeau, Deputy County Attorney
SUBJECT:
Adoption of Public Officials Bond Resolution
BRIEF SUMMARY:
Pursuant to General Statute 58- 72 -70, the Board is to review annually the Surety Bond coverage for the
Finance Officer, Sheriff, Register of Deeds and the Tax Collector. Staff has verified that adequate coverage
is in full force and effect.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Public Officals Bond Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/05/2011
1 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
APPROVAL OF PUBLIC OFFICIALS BOND
WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County
Commissioners conducts an annual review of public official bonds; and
WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force
and to be in proper format.
NOW, THEREFORE, the New Hanover County Board of Commissioners does hereby approve the
Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation
of approval is hereby incorporated within the respective bond as if set out in its entirety on the face
thereof.
ADOPTED, this the 5 th day of December, 2011.
NEW HANOVER COUNTY
Chairman
Board of County Commissioners
ATTEST:
Sheila L. Schult
Clerk to the Board
Board of Commissioners Meeting
12/05/2011
1 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
CONSENT
ITEM: 2
DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior
Resources Director
CONTACT(S): Janine Powell, Director of Donor Relations, Parks, Gardens and Senior Resources and Ben
Brow, Senior Resource Center Manager
SUBJECT:
Approval to Accept an Additional Allocation of $41,750 from the Cape Fear Area Agency on Aging for
the Home and Community Care Block Grant and Adoption of Ordinance for Budget Amendment 12-
110
BRIEF SUMMARY:
The Cape Fear Area Agency on Aging is allocating an additional $41,750 to New Hanover County for the
Home and Community Care Block Grant ( HCCBG). The New Hanover County Senior Resource Center
serves as the lead agency for the grant. The HCCBG Advisory Committee appointed by the Commissioners
approved the additional allocation to be used for services to seniors.
The grant dollars will be allocated as follows:
NHC Senior Resource Center - $33,750 with a match of $3,750. This money will be allocated for
Information and Referral and Senior Center Operations. The match is included in the adopted budget.
Elderhaus - $4,000 for Adult Day Care and Adult Day Health Services. They are responsible for providing
the match.
Interim HealthCare - $4,000 for In -Home Aide Services They are responsible for providing the match.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept additional allocation and adopt the ordinance for budget amendment 12 -110.
ATTACHMENTS:
B/A 12 -110
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
12/05/2011
2 -0
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/05/2011
2 -0
AGENDA: December 5, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 110
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -110 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Understand / act on citizen needs
Fund: General Fund
Department: Parks, Gardens and Senior Resource Center /Independent Life Services and
Recreation and Outreach
Expenditure:
Decrease
Increase
Parks, Gardens and Senior Resource
Center /Independent Life Services:
Salaries and Wages
$18,750
Grant Match
$3,750
In -Home Aid Services
$400
Adult Day Health
$0
$400
Parks, Gardens and Senior Resource
Center /Recreation and Outreach:
Supplies
$18,750
Total
$3
$45
Revenue:
Decrease
Increase
Parks, Gardens and Senior Resource
Center /Independent Life Services:
Federal -State Grant - HCCBG
$24,875
Parks, Gardens and Senior Resource
Center /Recreation and Outreach:
Federal -State Grant - HCCBG
$16,875
Total
$0
$41 750
Section 2: Explanation
To budget an additional allocation of $41,750 received from the Cape Fear Area Agency on Aging for the
Home and Community Care Block Grant. The grant match of $3,750 is included in the current budget.
These funds will continue funding the Social Worker who conducts assessments for the Home - Delivered
Meals program and provides information and referral services to those clients. Some of the additional
funding will increase the In -Home Aide and Adult Day Care /Health services provided to the citizens of
New Hanover County.
Section 3: Documentation of Adoption
This ordinance shall be effective ubon its adobtion.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -110, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 5th day of December, 2011.
(SEAL)
ATTEST:
, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/05/2011
2 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
CONSENT
ITEM: 3
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Sheriff Ed McMahon
SUBJECT:
Adoption of a Resolution of Policy for Mutual Assistance with Other Law Enforcement Agencies
BRIEF SUMMARY:
Pursuant to North Carolina General Statute 160A -288, the governing body of a county may adopt appropriate
guidelines for the purpose of mutual assistance with other municipal and county law enforcement agencies.
The Sheriff deems that it is in the best interest of the citizens of New Hanover County to adopt a reasonable
policy and guidelines whereby reciprocal law enforcement assistance can be rendered to and obtained from
other governmental jurisdictions.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Sheriff respectfully requests that the attached resolution be adopted as policy and guidelines for mutual
assistance with other municipal and county law enforcement agencies.
ATTACHMENTS:
Mutual Assistance Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/05/2011
3 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION ADOPTING A POLICY FOR
MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES
WHEREAS, pursuant to North Carolina General Statutes §160A-288, the governing body of a
county may adopt appropriate guidelines for the purpose of mutual assistance with other
municipal and county law enforcement agencies; and
WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes
lending officers to work temporarily with officers of the requesting agencies, including in an
undercover capacity, and lending equipment and supplies; and
WHEREAS, it is deemed to be in the best interest of the citizens of New Hanover County to
adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be
both rendered to and obtained from other governmental jurisdictions; and
WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the
protection of the citizens of New Hanover County.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that:
1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with
other municipal and county law enforcement agencies, provided that the head of the requesting
law enforcement agency makes such a request in writing.
2. The Sheriff is hereby authorized to permit officers of the New Hanover County
Sheriff's Office to work temporarily with officers of the requesting agency, including in an
undercover capacity, and the Sheriff may lend such equipment and supplies to requesting
agencies as he deems advisable.
3. All such requests and authorizations shall be in accordance with North Carolina
General Statutes §160A-288, as applicable.
4. While working with a requesting agency, an officer shall have the same jurisdiction,
powers, rights, privileges and immunities (including those relating to the defense of civil actions
and payment of judgments) as the officers of the requesting agency in addition to those the
officer normally possesses.
5. While on duty with the requesting agency, an officer shall be subject to the lawful
operational commands of the officer's superior officers in the requesting agency, but the officer
shall for personnel and administrative purposes, remain under the control of the officer's own
agency, including for purposes of pay. An officer shall furthermore be entitled to worker's
compensation and the same benefits to the extent as though he were functioning within the
normal scope of the officer's duties.
Board of Commissioners Meeting
12/05/2011
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6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other
law enforcement agencies in accordance with such reasonable arrangements, terms and
conditions as may be agreed upon between the respective heads of the law enforcement agencies.
ADOPTED this the 5 th day of December, 2011.
NEW HANOVER COUNTY
Chairman
Board of County Commissioners
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/05/2011
3 -1 -2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
CONSENT
ITEM: 4
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30,
2012.
2012 -24 - Sheriffs Office
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendment listed.
ATTACHMENTS:
B/A 2012 -24
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/05/2011
4 -0
AGENDA: December 5, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012 - 24
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2012 -24 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$2,842
Total
1 $0 11
$29842
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$2,842
Total
1 $0 11
$29842
Section 2: Explanation
To budget Controlled Substance Tax receipt of $2,842 on 1 1/18/11. Controlled Substance Tax is budgeted
as received and must be used for law enforcement as the Sheriff deems necessary.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 2012 -24, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 5th day of December, 2011.
(SEAL)
, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
12/05/2011
4 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
REGULAR
ITEM: 5
DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer /Commissioner
Catlin
CONTACT(S): Jim Iannucci, County Engineer /Kemp Burpeau, Deputy County Attorney
SUBJECT:
Consideration of Beach Nourishment Interlocal Agreement
BRIEF SUMMARY:
The Beach Nourishment Contingency Plan was presented to the Board during the work session on May 16,
2011.
An option of the plan was to enter into an interlocal agreement with the beach towns to fund beach
nourishment projects. This measure will provide a funding mechanism to allow the three nourishment
projects to continue receiving the maximum amount of Federal funding available while protecting the
interests of the County and beach towns in the event of funding shortfalls.
The interlocal agreement is limited to one beach nourishment cycle and would remain in place until June 30,
2015. It would automatically renew unless a party gives written notice 180 days before the expiration date. In
addition, any party can withdraw with 12 months' written notice.
The cost sharing scenario in the event of a lack of Federal and State funding is proposed as follows: Room
Occupancy Tax will pay any shortfall up to 82.5% of the total project cost. Any shortfall after room
occupancy tax covers the amount of 82.5% of the total project cost shall be paid by the town in which the
work takes place up to a maximum of 17.5% of the total project cost. The 17.5% of the total project cost
equates to the 50% of the remaining 35% of the total project cost paid by the State on previous nourishment
projects that received 65% in Federal funding. Forward thinking on the part of New Hanover County has put
the room occupancy tax fund in a position to assist with funding these projects until Federal and State
funding are restored. The fund is sustainable under the cost sharing proposal assuming a one percent increase
per year in dredging costs.
The interlocal agreement was presented to the three beach towns and was approved unanimously by all three
during their November meetings.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve and enter into the interlocal agreement for beach nourishment with the towns of Carolina Beach,
Kure Beach and Wrightsville Beach.
TT Board of Commissioners Meeting
12/05/2011
5 -0
Beach Nourishment Interlocal Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/05/2011
5 -0
New Hanover County Contract #12-0190
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
INTERLOCAL AGREEMENT FOR CONTINGENCY PLAN BEACH NOURISHMENT
This Interlocal Agreement ( "Agreement ") is made , 2011 by and between the
County of New Hanover, North Carolina, a body corporate and politic (hereinafter referred to as
the "County ") and the Municipalities of Wrightsville Beach, Carolina Beach, and Kure Beach,
bodies politic and corporate (hereinafter referred to as the "Towns ").
PURPOSE
WHEREAS, the ocean beaches located within the corporate boundaries of Wrightsville Beach,
Carolina Beach and Kure Beach (herein collectively the "Town Beaches ") are a valuable
resource bringing economic, environmental, cultural and recreational benefits to people of the
United States, including those in the State of North Carolina; and
WHEREAS, the financing and maintenance of the Town Beaches has been and remains an
appropriate function of the Federal and State governments; and
WHEREAS, maintenance of the Town Beaches through United States Army Corps of Engineers
nourishment projects funded primarily by the Federal and State governments has accordingly
been successfully performed for many decades; and
WHEREAS, the maintenance of Town Beaches is vital to continued economic, environmental
and cultural well -being of the County and Town; and
WHEREAS, critical to the Municipalities of Wrightsville Beach, Carolina Beach, and Kure
Beach is demonstrating the long -term feasibility of financing plans for the maintenance of their
ocean beaches, in order to preserve their status as or to establish eligibility for designation as a
Static Vegetation Line Exception community under regulations promulgated by the State's
Coastal Area Management Act; and
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New Hanover County Contract #12-0190
WHEREAS, the ongoing availability of Federal and State funding for Corps of Engineers
managed beach nourishment projects remains uncertain; and
WHEREAS, County and Towns accordingly seek to establish contingency plans to address
various scenarios wherein Federal or State monies may not be available for beach nourishment;
and
WHEREAS, County and Towns also seek to provide for the potential use of sixty percent (60 %)
of the first three percent (3%) of the Room Occupancy Tax available for beach nourishment
(subsequent references to the "use of Room Occupancy Tax" shall mean use of the portion of the
Room Occupancy Tax available for beach nourishment as defined hereinabove) and local general
revenues, as necessary, for funding of either a portion of Corps managed beach nourishment or
County managed beach nourishment projects if Federal or State funds are unavailable or
insufficient for such purposes; and
WHEREAS, County and Towns are jointly seeking approval by State and Federal Agencies of a
contingent Nourishment Plan for the Town Beaches, and the State, in anticipation of such a plan,
is prepared to complete /review any necessary environmental studies, and State and Federal
Agencies involved in the funding have indicated that they strongly prefer and require that units
of local government work on and submit one mutual plan for beach nourishment without
individual towns seeking separate funding or individual beach nourishment projects except in
emergencies. Provided that nothing contained in this Agreement shall be construed to limit or
restrict the authority of Wrightsville Beach, Carolina Beach, and Kure Beach to continue to
participate in and seek funding for their existing Corps managed beach nourishment programs;
and
WHEREAS, it is within the contemplation of the Parties hereto and State agencies involved in
the approval process that the U.S. Army Corps of Engineers and other Federal approval agencies
will issue one permit for the Town Beaches. Use of said permit is contingent upon Federal
and /or State funding being unavailable or insufficient for Corps managed projects; and
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New Hanover County Contract #12-0190
WHEREAS, County and Towns now desire to enter into an agreement that provides a planning
mechanism, plan, and compact among the parties for a contingent beach nourishment program
for the Town Beaches (hereinafter referred to as the "Master Nourishment Plan ", "Master Plan"
or "Plan "), which utilizes available funds from the County's Room Occupancy Tax together with
the general revenue of the respective locality and any State and Federal funding secured for the
Master Nourishment Plan; and
WHEREAS, County and Towns now desire to enter into an agreement addressing local funding
sources should Federal and State monies be unavailable or insufficient to finance nourishment
projects for the Town Beaches; and
WHEREAS, under this Agreement it is contemplated that the County as the lead sponsor, with
the assistance of its Wilmington/New Hanover County Port, Waterway and Beach Commission,
and consultants hired by the County, in consultation with the Towns, will prepare the Master
Nourishment Plan for approval by the Towns. Upon written approval by all of the Towns of such
Plan, the Plan will then be implemented under this Agreement with the County being the
designated permittee for beach nourishment; and
WHEREAS, notwithstanding this Agreement or any provisions therein, the Parties agree to
support and continue efforts to procure Federal and State funding for beach nourishment
proj ects.
NOW THEREFORE, County and Towns pursuant to NCGS 160A -17 and Part 1 of Article 20
of Chapter 160A of the North Carolina General Statutes, hereby contract and agree as follows:
1. Purpose. This agreement seeks to address the following different potential scenarios:
a. Those situations in which Federal or State funding for beach nourishment for
Corps managed projects for Town Beaches is reduced.
b. Those situations in which no Federal or State funding for beach nourishment for
Town Beaches is available. In such event the County and Towns would proceed
under the contingent plan and permit process set -forth herein.
County and Towns enter into this Agreement in order to prepare, approve and carry
out the Master Nourishment Plan providing for acquisition of one permit for
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New Hanover County Contract #12-0190
nourishment of the Town Beaches and identification of the source of tax funds and
other revenues to be used to implement such plan. The Master Nourishment Plan
shall not include navigational or harbor dredging where the dredged materials is not
used for beach nourishment.
2. Development of Master Nourishment Plan. The County, using available Room
Occupancy Tax revenues, will over the next 18 to 36 months develop the Master Plan
in consultation with State and Federal Agencies, the Towns, consulting engineers, and
the Wilmington/New Hanover County Port, Waterway and Beach Commission, and
submit the same to the Towns for consideration and approval by all of the Towns.
Concurrently the County will submit for a State and Federal permit to carry out and
complete the Plan. The Master Plan shall not be effective until approved by all of the
Towns in writing. The final approved plan will contain the following principles and
encompass and cover the following subjects, goals and objectives:
a. Easements and Rights -of -Way Each Town shall be responsible for providing
the staging areas, sites or necessary lands, easements, and rights -of -way
required for the development, construction, and maintenance of those
elements of the Master Nourishment Plan to be implemented within the Town.
No Town will be obligated to provide sites, staging areas or facilities for
nourishment that will take place in another party's jurisdiction. However, the
plan will provide that Towns may cooperate in providing staging areas and
access to the beach for beach construction equipment regardless of where the
beach construction activity is taking place when joint nourishment projects are
undertaken.
b. Public Beach Access and Parkin4 The Towns shall be responsible for
securing, constructing, and maintaining any and all access /parking facilities
stipulated as a condition of receiving State or Federal funding. All public
beach accesses and parking facilities must be secured prior to issuing a notice
to proceed for each construction event.
c. Funding Contimyency Each party's participation in a nourishment project
associated with the Master Nourishment Plan will be contingent on such party,
in its sole discretion, being able to fund its portion of the project. Each Town
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New Hanover County Contract #12-0190
is required to anticipate the need for the local funding share and to either
budget for the same over a period of years, provide for and conduct elections
to approve of bonds or borrowing pursuant to State law, or put in place tax
districts or similar means of funding the local share. Failure to meet local
funding needs by one or more Towns could result in the County passing over
a project of the Town due to lack of funding.
d. Construction Administration The County may serve in the role as lead
administrator for any nourishment event associated with the Master
Nourishment Plan.
3. Cost - sharing for Corp s -Mana ed Projects or Projects Implemented Under the Master
Nourishment Plan In the event Federal and State funding is insufficient to pay the
costs of any beach nourishment project, the Room Occupancy Tax will pay any
shortfall in funding for such project up to a maximum of 82.5% of the total project
costs. If after payment of Room Occupancy Tax funds in an amount equal to 82.5%
of the total project costs a shortfall remains, such shortfall shall be paid by the Town
in which such project is located up to a maximum of 17.5% of the total project costs.
4. Ownership and Use of Nourished Beaches The ownership and use of beaches
nourished under this Agreement are subject to the State Lands Act.
5. Withdrawal, Termination, Modifications, Amendments, and Bindinz Effects The
commitment of each Town to provide public beach access, parking or any other lands
or rights -of way, or any rules or regulations with respect to use of the same, as a party
to this agreement, is expressly conditioned on Federal and State laws, regulations, or
interpretations thereof, as of the date of approval of this agreement by signatories
herewith. If there are amendments, changes or interpretations to Federal or State law
or regulations, which are adopted after this Agreement is approved which affect a
party's rights and obligations in this Agreement, any party that chooses not to meet
the requirements shall have a right to withdraw from this Agreement at any time.
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New Hanover County Contract #12-0190
Once approved by the County and all of the Towns, this Agreement shall remain in
effect until June 30, 2015 and be binding on the Parties regardless of changes in the
composition of boards of the respective units of local government that are parties
hereto. This Agreement shall automatically renew for subsequent periods of four
years unless any party gives notice in writing to all other parties at least 180 days
before the expiration of the then current term of its desire that the Agreement not
renew at its termination. In such event, the Agreement shall terminate at the end of
its then current term.
Once approved, no party may withdraw except that a Town upon twelve (12) months
written notice to the County and other Towns may withdraw. Withdrawal of a party
as provided in this paragraph shall not cause the Agreement to terminate. The
Agreement shall only be terminated as provided in the preceding paragraph.
6. Any amendment of modification to this Agreement shall require the written consent
of all Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement.
COUNTY OF NEW HANOVER
ATTEST:
Chairman of the Board
Clerk to the Board
TOWN OF WRIGHTSVILLE BEACH
ATTEST:
Mayor
Town Clerk
no
Board of Commissioners Meeting
12/05/2011
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New Hanover County Contract #12-0190
TOWN OF CAROLINA BEACH
ATTEST:
0
Mayor
Town Clerk
TOWN OF KURE BEACH
ATTEST:
Mayor
Town Clerk
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and County
aforesaid certify that Sheila L. Schult acknowledged that she is Clerk to the Board of
Commissioners of New Hanover County and that by authority duly given and as the act
of the Board the foregoing instrument was signed in its name by its Chairman, sealed
with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal this day of , 2011.
Notary Public
My commission expires:
7
Board of Commissioners Meeting
12/05/2011
5 -1 -7
New Hanover County Contract #12-0190
NORTH CAROLINA
NEW HANOVER COUNTY
I, a Notary Public of the State and County
aforesaid certify that acknowledged that she is Clerk to
the Board of Alderman of Wrightsville Beach and that by authority duly given and as
the act of the Board the foregoing instrument was signed in its name by its Mayor,
sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal this day of , 2011.
Notary Public
My commission expires:
NORTH CAROLINA
NEW HANOVER COUNTY
I, a Notary Public of the State and County
aforesaid certify that acknowledged that she is Clerk to
the Town Council of Carolina Beach and that by authority duly given and as the act of
the Council the foregoing instrument was signed in its name by its Mayor, sealed with
its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal this day of , 2011.
Notary Public
My commission expires:
0
Board of Commissioners Meeting
12/05/2011
5 -1 -8
New Hanover County Contract #12-0190
NORTH CAROLINA
NEW HANOVER COUNTY
I, a Notary Public of the State and County
aforesaid certify that acknowledged that she is Clerk to
the Town Council of Kure Beach and that by authority duly given and as the act of the
Council the foregoing instrument was signed in its name by its Mayor, sealed with its
corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal this day of , 2011.
Notary Public
My commission expires:
0
Board of Commissioners Meeting
12/05/2011
5 -1 -9
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
REGULAR
ITEM: 6
DEPARTMENT: PRESENTER(S): Jane Daughtridge, Current Planning & Zoning
Manager; (Planning Board Rep: Andy Heath)
CONTACT(S): Jane Daughtridge, Current Planning & Zoning Manager; and Chris O'Keefe, Planning &
Inspections Director
SUBJECT:
Public Hearing
Zoning Text Amendment (A -397, 11 /11) - Request by Staff to Amend the Administration and
Enforcement Procedures Outlined in Article X to Update Terminology and Add References to
Pertinent Sections. This amendment will also add references to Article V, Sections 51.5 and 59.4, and
Article VI, Section 69.4.
BRIEF SUMMARY:
At their November 3, 2011 meeting, the Planning Board voted 6 -0 to recommend approval of the text
amendment.
No one from the public spoke on this item.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Increase efficiency and quality of key business processes
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
ACTION NEEDED
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use Plan.
2. Reasonable and in the public interest to make changes that address administrative changes that
clarify or correct existing language in the ordinance.
ATTACHMENTS:
A -397 Script
A -397 Text Amendment & Staff Summary
Board of Commissioners Meeting
12/05/2011
6 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
12/05/2011
6 -0
ITEM #
SCRIPT FOR TEXT AMENDMENT A -397 (11/11)
REQUEST BY STAFF TO AMEND THE ADMINISTRATION AND ENFORCEMENT
PROCEDURES OUTLINED IN ARTICLE X TO UPDATE TERMINOLOGY AND ADD
REFERENCES TO PERTINENT SECTIONS. THIS AMENDMENT WILL ALSO ADD
REFERENCES TO ARTICLE V, SECTIONS 51.5 AND 59.4 AND ARTICLE VI,
SECTION 69.4.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponents presentation (up to 15 minutes)
C. Opponents presentation (up to 15 minutes)
d. Proponents rebuttal (up to 5 minutes)
e. Opponents rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners Meeting
12/05/2011
6 -1 -1
A -397 AMENDMENT TO THE ZONING ORDINANCE
APPLICANT: STAFF
The staff proposes the following changes to Article X in order to update or correct
statutory references, to clarify administrative authorities and intent that reflects the
merger between Planning & Inspections, to clarify roles, and to reposition or reiterate
provisions as references in other sections of the ordinance in order to provide more
complete information in appropriate locations.
PLANNING BOARD ACTION: At its November 3, 2011 meeting, the Planning Board
voted 6 -0 to recommend approval as submitted. No one from the public spoke on this item.
ARTICLE X: ADMINISTRATION AND ENFORCEMENT
Section 100: Administration and Enforcement
100 -1: The Planning and Inspections Director shall designate responsibility for
admini t °r administration and enforce of this Ordinance. Such duties will be
fulfilled by a trained and knowledgeable zoning administrator or compliance official
who may delegate administrative or enforcement duties to zoning official(s). The
. (11/2/87
100 -2: If the 1xpxspe zoning administrator, or other zoning official shall find that
any of the provisions of this Ordinance are being violated, he shall notify in writing
the person responsible for such violation indicating the nature of the violation and
ordering the action necessary to correct it. He shall order discontinuance of illegal use
of land, buildings, or structures; removal of illegal buildings or structures or of
additions, alterations, or structural changes thereto; discontinuance of any illegal
work being done or shall take any other action authorized by this Ordinance to insure
compliance with or to prevent violation of its provisions.
100 -3: For benalties and brocedures see Section 132 of this ordinance. Enforcement will be
Comment [ji]: Recognizes the combination of
Planning & Inspections. Also acknowledges that the
daily zoning duties will be assigned to persons
knowledgeable in the practice. It stops short of
saying they must be certified zoning officials but
clarifies the intent that they are trained in the
particulars of that duty.
in accordance with the provisions of NCGS 153A -324 which states:
(a) In addition to the enforcement provisions of this Article and subject to the
provisions of the ordinance, any ordinance adopted pursuant to (Chapter 153A,
Article 18) ...may be enforced by any remedy provided by G.S. 153A -123.
(b) If the county is found to have illegally exacted a tax, fee, or monetary contribution
for development or a development permit not specifically authorized by law, the
county shall return the tax, fee or monetary contribution, plus interest of six
percent (6 %) per annum. Comment [j2]: This is quoted from the NC
z General Statutes
Section 101: Building Permits or Zoning Permi
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Comment [j3]: Some projects do not require
building permits, but all uses require zoning
authorization.
Board of Commissioners Meeting
12/05/2011
6 -2 -1
101 -1: After the adoption of this Ordinance no new uses other than bona fide farms shall be
established unless a building or zoning permit is applied for and issued approved by
the z oning official. No permit shall be issued except in conformity
with the provisions of this Ordinance, except after written order from the Board of
Adjustment.
Section 102: Application for Building Permit or Zoning Permit
102 -1: All applications for building permits shall be accompanied by plans in duplicate,
drawn to scale, showing the actual dimensions and shape of the lot to be built upon;
the exact sizes and locations on the lot of buildings already existing, if any; the
location and dimensions of the proposed building or alteration and evidence of New
Hanover County Board of Health's approval of the sewage disposal system or
commitment of sewer capacity from the Cape Fear Public Utilities Authority
permitted private provider The application shall include such other information as
I TZ � � i.1 -ter
may be required by the T.� c�r�o zoning administrator Including existing or comment [j4] Recognizes the role of CFPUA
proposed building or alteration; existing or proposed uses of the building and land;
the number of families or rental units the building is designed to accommodate;
conditions existing on the lot; and such other matters as may be necessary to
determine conformance with, and provide for the enforcement of this Ordinance.
102 -2: One copy of the plans shall be returned to the applicant by the
zoning official after he shall have marked such copy either as approved or
disapproved and attested to same by his signature on such copy. Should the
zoning official disapprove an application for a building permit or zoning
p the reasons for disapproval shall be listed on the application. The second copy
of the plans, similarly marked, shall be retained by the z oning
administrato .
102 -3: Each application for a building permit or zoning permit shall include information as
to the location of applicable areas of Environmental Concern. Prior to the issuance of
a building permit, the zoning administrator shall certify that the
proposed structure or facility is in accordance with the State Guidelines for Areas of
Environmental Concern. (11/6/78)
102 -4: In addition to satisfying the foregoing requirements, applications for building permits
in Performance Residential and High Density development shall include duplicate
copies of a approved site plan meeting requirements of Section 69.2 of this
Ordinance. (See Sections 51.5 -3 and 69.4 for more information about Performance
Residential development or High Densitv develobment.)l
Sec. 51.5 -3: The Technical Review Committee TRC shall meet with Planning staff to
review the plans as submitted. Upon review and consultation w4h fhe Committee
ffi ewibefs the Technical Review Committee shall either approve or deny the
preliminary plan of a performance residential proposal. TRC meetings shall be
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Comment [j5]: The zoning administrator
supervising the daily work of the zoning officials, so
different terms are used her appropriately.
Comment [j6]: This section has been buried in
the back of the ordinance and often overlooked by
developers. By separating the statement into 2,
making a reference here, and moving the sections to
more visible locations, the public will be better
served.
scheduled every two weeks as necessary. Disapproval letters shall specify the reasons
for disapproval. Conditional approvals may not be granted. Disapproved plans shall
be returned to the applicant. Approved plans shall be forwarded to the
zoning administator to be processed under the requirements of Section 102.
(3/22/82) (4/6/87) (8/02)
Revisions for Performance Residential Development shall be
reviewed the same as an original submittal in accordance with the site plan
requirements. Such revisions shall be limited to those areas still owned by the
developer. Density calculations shall not include land areas already platted and/or
sold. (7/02)
Sec. 69.4(15): The Technical Review Committee (TRC) shall meet with Planning
staff to review plans for high density projects as submitted. Upon review and
consultation among Committee members, the TRC shall either approve or denX
the proposed site plan. TRC meetings shall be scheduled every two weeks as
necessary. Disapproval letters shall specify the reasons for disapproval. Special use
permits are required for high density projects.
cts.
Revisions for Pe-F f Y, ee R esi de i ia4 High Density Development shall be
reviewed the same as an original submittal in accordance with the site plan
requirements. Such revisions shall be limited to those areas still owned by the
developer. Density calculations shall not include land areas already platted and /or
sold. (7/02)1
102 -5: If the use is located within a COD and performance controls are required under
Section 59.4, an application plan for a building or zoning permit shall include
information as to the types, boundaries, areas, and required setbacks for all
conservation resource areas. Information concerning these areas is available at the
County Planning Department. The applicant shall obtain a letter of verification from
the Planning Department that the conservation resource areas are accurately mapped
on the application plan.
102 -6: If a building permit or zoning permit is applied for a use within a COD and if
required by Section 59.4 -5, a drainage plan and calculations meeting the design
standards shall be submitted to the County Engineer for approval. The County
Engineer shall analyze the plan in accordance with the applicable regulations and
provide a written response approving or disapproving the plan
. Disapproved plans shall be forwarded to the applicant.
Approved plans shall be forwarded to the Building Inspector to be processed under
the requirements of Section 102.
Section 103: Expiration of Building Permit
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Comment [j7]: These would be the statements
added to the appropriate sections.
Comment [j8]: This citation and 102 -6 should be
added to the COD section of the ordinance. Again,
because the information is currently buried in the
back where most people don't look.
Board of Commissioners Meeting
12/05/2011
6 -2 -3
103 -1: If the work described in any building permit has not begun within six (6) months
from the date of issuance thereof, said permit shall expire; it shall be cancelled by the
Building Inspector and written notice thereof shall be given to persons affected.
103 -2: If after commencement, the work is discontinued for a period of twelve (12) months,
the permit therefore shall immediately expire and be cancelled by the Building
Inspector and written notice thereof shall be given to the persons affected, together
with notice that further work as described in the cancelled permit shall not proceed
unless and until a new building permit has been obtained.
Section 104: Building Permit or Zoning Permit for New or Altered Uses
104 -1: It shall be unlawful to use or occupy or permit the use or occupancy of any building
or premises, or part thereof hereafter created, erected, changed, converted or wholly
or partly altered or enlarged in its use or structure until a building permit or zoning
permit shall have been iss approved therefore by the z oning
official stating that the proposed use of the building or land conforms to the
requirements of this Ordinance.
104 -2: No permit for erection, alteration, moving or repair of any building shall be issued
until an application has been made for a building permit or zoning permit The permit
shall be issued in conformity with the provisions of this Ordinance upon completion
of the work.
104 -3: A temporary building permit may be issued approved by the Building Inspector for a
period not exceeding six (6) months during alterations or partial occupancy of a
building pending its completion. A temporary zoning permit may be iss ued
approved by the zoning official for a period not exceeding one (1)
month for bazaars, carnivals, religious revivals, sideshows, concerts, or sporting
events. Such temporary permit may require such conditions and safeguards as will
protect the safety of the occupants and the public, as well as the concurrence of the
airport authority for these uses in the A -I district. (3/12/01)
104 -4: The Building Inspector and Zoning Administrator shall maintain a record of all
building and zoning permits and a monthly summary of all permits issued shall be
made available to the public.
104 -5: Failure to obtain a building permit or zoning permit, as applicable shall be a
violation of this Ordinance and punishable under Article XIII, Section 132 of this
Ordinance.
Section 105: Construction and Use to be Stated on Building Permits
105 -1: Building Permits issued on the basis of plans and applications approved by the
Building Inspector and zoning official authorize only the use, arrangements, and
construction set forth in such approved plans and applications. Use, arrangements, or
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construction at variance with that authorized shall be deemed a violation of this
Ordinance and punishable as provided in Article XIII, Section 132.
Section 106: Right of Appeal
106 -1: If the building permit is denied, the applicant may appeal the action of the Boildiff
zoning official to the Board of Adjustment.
Section 107: Certificate of Occu
107 -1: No new building or part thereof shall be occupied, and no addition or enlargement of
any existing building shall be occupied, and no existing building after being altered or
moved shall be occupied, and no change of occupancy shall be made in any existing
building or part thereof, until the Building Inspector has issued a Certificate of
Occupancy therefore. A temporary Certificate of Occupancy may be issued for a
portion or portions of a building which may safely be occupied prior to final
completion and occupancy of the entire building.
107 -2: Application for a Certificate of Occupancy may be made by the owner or his agent
after all final inspections have been made for new buildings, or, in the case of existing
buildings, after supplying the information and data necessary to determine
compliance with this Ordinance and appropriate regulatory codes of the County for
the occupancy intended. The Building Inspector shall issue a Certificate of
Occupancy when, after examination and inspection, it is found that the building in all
respects conforms to the provisions of the Ordinance and appropriate regulatory
codes of the County for the occupancy intended.
107 -3: A Certificate of Occupancy shall not be issued for any dwelling unit in a Performance
Residential, High Density Development, or Planned Development until such time as a
homeowners association meeting the requirements of Section 69 -3 of this Ordinance
has been established, and the necessary documents recorded at the Register of Deeds.
(8/20/84)
107 -4: Certificates of Occupancy for Performance Residential Developments, High Density
development and Planned Development shall not be issued until one of the following
conditions has been complied with:
(1) Completion of all improvements required by this Ordinance.
(2) A bond or certified check has been posted.
(3) An irrevocable letter of credit has been posted. (3/22/82)
Section 108: Duties of , Zoning Administrator Board of Adjustment,
Courts and County Commissioners as to Matters of Zoning Appeal
A -397 w /comments for PB Page 5
Comment [j9]: This section is appropriately
placed here but should be referenced in 51.5 -2
Performance Residential to provide thorough
information.
Comment [j10]: Just adds the appropriate zoning
references instead of building inspector.
Board of Commissioners Meeting
12/05/2011
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108 -1: It is the intention of this Ordinance that all questions arising in connection with the
enforcement of this Ordinance shall be presented first to the Director of
Planning & Inspections or when so delegated to the Zoning Enforcement Official and
that such questions shall be presented to the Board of Zoning Adjustment only on
appeal from the 1HRLspeetions Director of Planning & Inspection or Zoning
Enforcement Official; and that from the decision of the Board of Adjustment recourse
shall be to the courts as provided by law. (11/2/87)
108 -2: It is further the intention of this Ordinance that the duties of the County
Commissioners in connection with the Ordinance shall not include the hearing and
passing of disputed questions that may arise in connection with the enforcement
thereof, but only considering and passing upon any proposed amendment or repeal of
the Ordinance.
Section 109: Vesting Rights and Development Agreements
109 -1: Vesting Rights
Any site specific development plan approved by the County pursuant to this Ordinance shall
terminate as follows:
(a) at the end of the applicable vesting period with respect to building and uses for
which no valid building permit applications have been filed.
(b) with the written consent of the affected landowner;
(c) following recommendations by the Planning Board and upon findings by County
Commissioners, by ordinance after notice and a public hearing, that natural or man-
made hazards on or in the immediate vicinity of the property, if uncorrected would
pose a serious threat to the public health, safety, and welfare if the project were to
proceed as contemplated in the site specific development plan;
(d) upon payment to the affected landowner of compensation for all costs, expenses,
and other losses incurred by the landowner, including, but not limited to all fees paid
in consideration of financing, and all architectural, planning, marketing, legal, and
other consultant's fees incurred after approval by the County, together with interest
thereon at the legal rate until paid. Compensation shall not include any diminution in
the value of the property which is caused by such action;
(e) following recommendation of the Planning Board and upon findings by the
County Commissioners, by ordinance after notice and a hearing, that the landowner
or his representative intentionally supplied inaccurate information or made material
misrepresentations which made a difference in the approval by the approval authority
of the site specific development plan; or
(f) upon the enactment or promulgation of a State or Federal law or regulation that
precludes development as contemplated in the site specific development plan, in
which case the approval authority may modify the affected provisions, upon a finding
A -397 w /comments for PB
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Comment [j11]: These items do not have
individual reference numbers under 109 in the
current ordinance. Simply adding 109 -1 and 109 -2.
Board of Commissioners Meeting
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that the change in State or Federal law has a fundamental effect on the plan, by
ordinance after notice and a hearing. (10/7/91)
109 -2: Development Agreements
In addition to the requirements of this Ordinance and as provided in NCGS 153A-
379 - Part 3A , the County Commissioners after conducting a pubic hearing may
enter into private development agreements. These development agreements may
require a commitment of public and private resources for large scale projects.
Such projects must contain at least 25 acres or more exclusive of wetlands,
mandatory buffers, and other portions of the property precluded from
development. In entering into such agreements, the County may not exercise any
authority or make any commitment not authorized by general or local act and may
not impose any tax or fee not authorized by otherwise applicable law. (1/06)
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described
above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use
Plan.
2. Reasonable and in the public interest to make changes that address administrative
changes that clarify or correct existing language in the ordinance..
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Board of Commissioners Meeting
12/05/2011
6 -2 -7
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
REGULAR
ITEM: 7
DEPARTMENT: PRESENTER(S): Jane Daughtridge, Current Planning & Zoning
Manager; (Planning Board Rep: Andy Heath)
CONTACT(S): Jane Daughtridge, Current Planning & Zoning Manager; Chris O'Keefe, Planning &
Inspections Director
SUBJECT:
Public Hearing
Zoning Text Amendment (A -398, 11 /11) — Request by Staff to Amend the Legal Provisions of Article
XIII, Sections 131 -133 and Section 136 to Clarify the Enforcement Procedure and Update
Terminology
BRIEF SUMMARY:
At their November 3, 2011 meeting, the Planning Board voted 6 -0 to recommend approval of the zoning text
amendment.
No one from the public spoke on this item.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Increase efficiency and quality of key business processes
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
ACTION NEEDED
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use
Plan.
2. Reasonable and in the public interest to make changes that address administrative
procedural changes that clarify or correct existing language in the ordinance.
ATTACHMENTS:
A -398 Script
Board of Commissioners Meeting
12/05/2011
7 -0
A-398 Amendment & Staff Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
The item was removed.
Board of Commissioners Meeting
12/05/2011
7 -0
ITEM #
SCRIPT FOR TEXT AMENDMENT A -398 (11/11)
REQUEST BY STAFF TO AMEND THE LEGAL PROVISIONS OF ARTICLE XIII,
SECTIONS 131 -133 AND SECTION 136 TO CLARIFY THE ENFORCEMENT
PROCEDURE AND UPDATE TERMINOLOGY.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponents presentation (up to 15 minutes)
C. Opponents presentation (up to 15 minutes)
d. Proponents rebuttal (up to 5 minutes)
e. Opponents rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners Meeting
12/05/2011
7 -1 -1
A -398 AMENDMENT TO THE ZONING ORDINANCE
APPLICANT: STAFF
The staff proposes the following changes to Article XIII in order to clarify and update
administrative authorities; to clarify intent that reflects the merger between Planning &
Inspections, and to codify the systematic procedure for enforcing violations of the
ordinance.
PLANNING BOARD ACTION: At its November 3, 2011 meeting the board voted 6 -0 to
recommend approval of the proposed amendment as presented. No one from the public
spoke on this item.
ARTICLE XIII LEGAL PROVISIONS
Section 130: Provisions of Ordinance Declared to be Minimum Requirements
The provisions of this Ordinance shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals, or general welfare.
Wherever the requirements of this Ordinance are at variance with the
requirements of any other lawfully adopted regulations, the most restrictive or that
imposing the higher standards, shall govern.
Section 131: Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint stating fully the causes and
basis thereof shall be filed with the IERLSpeetef zoning administrator He
shall record properly such complaint, immediately investigate, and take action
thereon as provided by this Ordinance.
Section 132: Enforcement of Ordinance
This ordinance may be enforced by any one or more of the remedies authorized by G. S.
S153A -123, including but not limited to the following:
132 -1: Violation of this ordinance subjects the offender to a civil penalty of one hundred
dollars ($100.00) for a first offense, twee two hundred dollars $200) for
a second offense, and fie three hundred dollars $300) for a third and
subsequent offense to be recovered by the County in a civil action in the nature of
debt if the offender does not pay the penalty to the county Finance Office within
comment [ii]: sli reduces the penalties for
fifteen (15) calendar days after the offender has been cited for a violation.
recurring offences so that violations will not exceed
Violation of this ordinance shall result only in civil penalties and /or civil action �`��
the small claims court limits within the 15 da
g iven to pa the penalt
set forth herein and shall not entail criminal sanctions. (1/5/98)
comment [j2]:15 da is consistent with the
132 -1.1: Enforcement Procedure
general code of ordinances that Finance follows.
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(A) Upon observation or reporting of an alleged violation, the zoning official shall
investigate the case and make a determination as to whether a violation has
occurred in accordance with Section 100 -2 of this ordinance. LIf the zoning
official determines that there is a violation, a notice of violation shall be
issued to the owner and occupant by certified or registered mail as well as
first class mail to his last known address, or by personal service or by posting
notice of the violation conspicuously on the property
(1) That the land, building, sign, structure or use is in violation of this
ordinance;
(2) The nature of the violation, and citation of the section of this ordinance
violated; and
(3) The measures necessary to remedy the violation.
Comment [j3]: This adds postin the notice on
•
(B) Llf a land use Is commenced without proper zoning authorization, the zoning
the property in addition to mailings and personal
official shall instruct the owner or occupant in writing to immediatel c�
service so that refusal of service does not avoid the
citation.
the unauthorized use and apply for appropriate permits or authorizations prior
to resumption of the use
Comment [j4]: Makes explicit that one cannot
(C) Any owner and /or occupant who has received a Notice of Violation may
operate without proper permits.
appeal in writing the decision of the zoning official to the Board of
Adjustment in accordance with Section 121 -1 of this ordinance. If the Board
of Adjustment shall affirm that the owner and /or occupant is in violation of
the ordinance, it shall make an order in writing to the owner and occupant
affirming the violation and ordering compliance. In the absence of an appeal,
the remedies and penalties sought by the zoning official shall be final.
Comment [j5]: same as current practice but
(D) Except in the case of an order to cease a land use, if a violation is corrected
expressed more thorou
within three (3) days of the date of notice of violation, no penalty will be
Comment [e6]: If not possible to remed in
levied. However, if the same violation recurs within the same year, it will be
three da the can seek for corrective action.
,
considered the second offense and penalties will be levied each day as
outlined in Sec. 132 -1.
(F)
(E) If there is �o approved plan in place for corrective action within three (3) dam
of the date of notice of violation, penalties will accrue as described above, and
the first day of violation will be the date on the notice of violation. The zoning
official may �!pprove a plan for corrective action with specific benchmarks
and continuous progress when the nature of the violation merits such a plan.
The plan shall be binding on the violator and shall be in writing and included
in the case file.
.
[A ft e r ___t __violation
i l ti ___ s___ ___re i d t_ f penalties accrue to a sum over
$5,000., owners and/or occupants may request consideration of an alternative
equitable settlement of penalties through the office of the CounterManager. A
letter of justification and approval shall be included in the case file when
penalties are reduced.
(G) The zoning official may withhold or deny any permit, certificate, occu
Comment [j7]: No actual fines unless compliance
has been ignored.
Comment [e8]: Confirmed by JDL, 15 days of
violation = $4200, just under amount for small
claims.
Comment [j9]: Hopefully fines will not accrue to
exorbitant amounts, but management can reduce if
appropriate and justifiable.
or other form of authorization on any land, building, sign, structure, or use in
which there is an uncorrected violation. Comment [j10]: Makes explicit the process we
already follow.
132 -2: This ordinance may be enforced by an appropriate equitable remedy issuing from
a court of competent jurisdiction.
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132-3: This ordinance ma be enforced b injunction, order of abatement, or both, as
provided in G. S. 153A-123(e).
132-4: Each da continuin violation of the ordinance is a separate and distinct offense.
Section 133: Approval of the New Hanover Count Health Department or Cape Fear
Public Utility Authority
The Buildin Inspector shall not issue a buildin permit for an structure which
re the New Hanover Count Health Department's or the Cape Fear Public
Utilit Authorit approval for the installation of a sewa disposal s until
such approval has been g ranted b the New Hanover Count Health Department
or the Cape Fear Public Utilit Authority. Evidence of approval shall accompan
the application for a buildin permit.1 Comment [j11]: Adds CFPUA. The also
approve A systems. �—J
Section 134: Separabilit Clause
Should an section or provision of this Ordinance be declared b the courts to be
unconstitutional or invalid, such decisions shall not affect the validit of the
Ordinance as a whole, or an part thereof other than the part so declared to be
unconstitutional or invalid.
Section 135: Ownef!s-Responsibilit
11M
the provisions of this ordinance, or the terms and conditions of an permit or
other authorizati ra rsuant to this ordinance constitute a violation
of this ordinance One or more of the followin re parties ma be held
reSDonsible for a violation of this ordinance and be subiect to the remedies and
enalties provided in this Section:
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Section 136: Effective Date
This Ordinance shall take effect and be in full force from and after its adoption by
the County Commissioners of the County of New Hanover, North Carolina, this
the 15th day of October, 1969. Subsequent revisions will take effect as adopted.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described
above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use
Plan.
2. Reasonable and in the public interest to make changes that address administrative
procedural changes that clarify or correct existing language in the ordinance.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: December 5, 2011
REGULAR
ITEM: 8
DEPARTMENT: PRESENTER(S): Jane Daughtridge, Current Planning & Zoning
Manager; (Planning Board Rep: Andy Heath)
CONTACT(S): Jane Daughtridge, Current Planning & Zoning Manager; and Chris O'Keefe, Planning &
Inspections Director
SUBJECT:
Public Hearing
Zoning Text Amendment (A -399, 11 /11) - Request by Staff to Amend the Board of Adjustment
Provisions in Article XII to Update Terminology
BRIEF SUMMARY:
At their November 3, 2011 meeting, the Planning Board voted 6 -0 to recommend approval of the zoning text
amendment.
No one from the public spoke on this item.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Increase efficiency and quality of key business processes
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
ACTION NEEDED
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use
Plan.
2. Reasonable and in the public interest to make changes that correct existing language in the
ordinance.
ATTACHMENTS:
A -399 Script
A-399 Amendment & Staff Summary
Board of Commissioners Meeting
12/05/2011
8 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
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8 -0
ITEM #
SCRIPT FOR TEXT AMENDMENT A -399 (11/11)
REQUEST BY STAFF TO AMEND THE BOARD OF ADJUSTMENT PROVISIONS IN
ARTICLE XII TO UPDATE TERMINOLOGY.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
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A -399 AMENDMENT TO THE ZONING ORDIANANCE
APPLICANT: Staff
All changes in this section simply replace the reference of Building Inspector to zoning
administrator.
PLANNING BOARD ACTION: At its November 3, 2011 meeting, the Planning Board voted 6-
0 to recommend approval of the proposal as presented. No one from the public spoke on this
item.
ARTICLE XII: BOARD OF ADJUSTMENT
Section 120: Creating the Zoning Board of Adjustment
120 -1: The New Hanover County Board of Commissioners shall provide for the
appointment of the New Hanover County Board of Adjustment (hereinafter called
the Board). Insofar as possible, members of the Board shall be appointed from
different areas within the County's zoning jurisdiction. In the event that less than
the entire County is zoned, at least one (1) resident of each area which is zoned
shall be appointed to the Board; however, the Board shall consist of a minimum
of five (5) members. Insofar as possible, initial appointment to the Board shall be
as follows: one -third (1/3) for a term of (3) years; one -third (1/3) for a term of two
(2) years; and one -third (1/3) for a term of one (1) year. Two (2)or more alternates
may be appointed for a term of three (3)years. (4/1/96) Vacancies shall be filled
for the unexpired term only. Members of the Board of Adjustment may be
removed for cause by the County Commissioners upon written charges and after
public hearing.
120 -2: Meetings -The Board shall elect one (1) of its members as Chairman and another
as Vice Chairman who shall serve one (1) year. The e P t e 4P zoning
administrator shall serve as secretary to the Board of Adjustment. The Board shall
draw up and adopt the rules of procedure under which it will operate. Meetings of
the Board shall be held at the call of the Chairman and at such other times as the
Board may determine. The Chairman, or in his absence, the acting Chairman, may
administer oaths. All meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of each member upon
every question, or his absence or failure to vote, indicating such fact, and also
keep records of its examination and any other official action. (3/7/83)
Section 121: Filing and Notice for an Appeal
121 -1: Appeals from the enforcement and interpretation of this Ordinance and appeals
for variances may be taken to the Board of Adjustment by any person aggrieved
or by any office, department, board or bureau of the County affected. Notice of an
appeal to the Board of Adjustment shall be filed with the
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zoning administrator An appeal stays all proceedings in furtherance of action
appealed from, unless the zoning administrator files a
Certificate stating that by reasons of facts stated in the Certificate a stay would, in
his opinion, interfere with enforcement of the Ordinance because the violation is
transitory in nature, or would cause imminent peril to life and property. The
zoning administrator shall have one (1) copy of said certificate
delivered by registered mail or by personal service to the appellant and to each
member of the Board within ten (10) calendar days from the date the appeal is
filed with the . zoning administrator. The Certificate shall also
be placed on file in the Office of the zoning administrator for
public inspection and recorded in the minutes of the next meeting of the Board.
Where said Certificate is filed by the , zoning administrator,
proceedings in furtherance of the original order shall not be stayed otherwise than
by restraining order which may be granted by a court of record within New
Hanover County. (3678)
121 -2: Hearing of the Appeal - After receipt of notice of an appeal, the Board Chairman
shall schedule the time for a hearing, which shall be at a regular or special
meeting.
121 -3: Notice - At least one (1) week prior to the date of the hearing, the R.. 1%111 ilElf-i g
� zoning administrator shall furnish all adjoining property owners with
written notice of the hearing. Notice of Public Hearing shall be published once a
week for two (2) successive calendar weeks in the local newspaper. Public notice
may also be posted on the property concerned indicating the proposed change and
date of public hearing.
121 -4: Fees for Areal Variances - A fee to be established by the County Commissioners
shall be paid to the County of New Hanover, North Carolina to cover necessary
administrative costs and advertising expenses. (8/2/82)
Section 122: Powers and Duties
122 -1: The Zoning Board of Adjustment shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged by the appellant that there is
error in any decision made by the zoning administrator or
other administrative officials in the carrying out or enforcement of any provision
of the Ordinance. A concurring vote of four - fifths (4/5) of the members of the
Board shall be necessary to reverse, wholly, or partly, any such decision. Vacant
seats and disqualified members are not considered in calculating 4/5 votes.
(2/6/06)
(2) To authorize upon appeal in specific cases such variances from the terms of
this ordinance as will not be contrary to the public interest where, owing to
special conditions a literal enforcement of the provisions of this Ordinance would
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result in unnecessary hardship. No change in permitted uses may be authorized
by variance. (2/6/06) In granting any variance, the Board may prescribe
appropriate conditions and safeguards in conformity with this Ordinance. A
concurring vote of four - fifths (4/5) of the members of the Board shall be
necessary to grant a variance. A variance from the terms of this Ordinance shall
not be granted by the Board unless and until the following findings are made:
(3/7/83)
(A) There are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of the Ordinance;
(B) That the variance is in harmony with the general purpose and intent of
the Ordinance and preserves its spirit;
(C) In granting the variance, the public safety and welfare have been
assured and substantial justice has been done.
To assist in following those guidelines, the Board of Adjustment shall use the
variance order procedures outlined in the following form:
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COUNTY OF NEW HANOVER, NORTH CAROLINA
ORDER GRANTING / DENYING A VARIANCE
The Board of Adjustment for the County of New Hanover, having held a public hearing on (date)
to consider application number, submitted by (name of applicant), a request for a variance to use
the property located at (address of property) in a manner not permissible under the literal terms
of the ordinance, and having heard all the evidence and arguments presented at the hearing,
makes the following FINDINGS OF FACT and draws the following CONCLUSIONS;
1. It is the Board's CONCLUSION that, if the applicant complies with the literal terms of the
ordinance, specifically section(s), I he (can/cannot) secure a
reasonable return from, or make reasonable use of, his property. This conclusion is based on the
following FINDINGS OF FACT:
2. It is the Board's CONCLUSION that the hardship of which the applicant complains
(results /does not result) from unique circumstances related to the applicant's land. This
conclusion is based on the following FINDINGS OF FACT:
3. It is the Board's CONCLUSION that the hardship is not the result of the applicant's own
actions. This conclusion is based on the following FINDINGS OF FACT:
4. It is the Board's CONCLUSION that, if granted, the variance (will /will not) be in harmony
with the general purpose and intent of the ordinance and (will /will not) preserve its spirit. This
conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following:
5. It is the Board's CONCLUSION that, if granted, the variance (will /will not) secure the public
safety and welfare and (will /will not) do substantial justice. This conclusion is based on all of the
FINDINGS OF FACT listed above, as well as the following:
THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a
VARIANCE be (GRANTED/DENIED), subject to the following conditions:
Ordered this day of , 20
Chairman Secretary to the Board
NOTE: If you are dissatisfied with the decision of this Board, an appeal may be taken to the
Superior Court of New Hanover County within 30 days after the date this order is served on you.
See Section 123 -1 of the Zoning Ordinance. (1/4/93)
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Section 123: Appeal from the Zoning Board of Adjustment
123 -1: An appeal from the decision of the Zoning Board of Adjustment shall be subject
to review by the Superior court by proceedings in the nature of certiorari. Any
petition for review by the Superior Court shall be filed with the Clerk of Superior
Court within 30 days after the decision of the Board is filed in the Office of the
Clerk to the Board, or after a written copy thereof is delivered to every aggrieved
party who has filed a written request for such copy with the Clerk or Chairman of
the Board at the time of the hearing of the case, whichever is later. (3/7/83)
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described
above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use
Plan.
2. Reasonable and in the public interest to make changes that correct existing language in
the ordinance.
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