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1979-03-05 RM Exhibitss, .~ AN ORDINANCE OF THE COL"1.TY OF s'aE'•„ HANOVER AMENDING THE SUBDI`JISIOe•1 RE~,~.>~ !';TI^1~,5 OF NEW HANOVER COUi~1TY,. "dOP,li- f`t.l:'.OLI'•~A ADOPTED OCTOBER 18, i 9~:~5 THE BOARD OF COMMISSIONERS OF NEW HANOVEP. COUi'dTY DOTH ORDAIN: Section 1. That the Subdivision Regulations of the County of New Hanover adopted October 18, 1965, as amended, be, and the same is hereby further amended as follows: 1. Amend Article II, Section 1 by revising Subsection (16) to read as follows: (16) Streets: Aright-of-way for vehicular traffic which is dedicated to public or private use and constructed to acceptable New Hanover County standards. Streets shall be classified as one of the fol~lowing~types: (a) Arterial Streets: Streets and highways of exceptional continuity, designed to route traffic through or around the County. (b) Primary Streets: A street or highway of considerable continuity, designed primarily as a radial or cross-county traffic artery for intercommunication between various sectors of the. County. (c) Secondar Streets: A street or highway serving as a connecting link between two 2 primary or arterial streets. (d) Collector Streets: Streets which carry traffic from minor streets to the system or major streets (primary and/or arterial streets). (e) Minor Streets: Streets which are used primarily for access to abutting properties. (f) Marginal .Access Streets: Minor streets which are parallel to or adjacent to arterial and/or primary streets and highways, and which provide access to abutting properties and protection from through traffic. (g) Cul-de-sac: A short street designed to have one end permanently closed; the closed end terminated by a vehicular turnaround. 2. Amend Article III, Section 2.2 by revising Subsections (5) and (8) to read as follows: (5) The approximate rights-of-way, rights-of-way designation (public or pri- vate), easements and lot lines. (8) Surface and subsurface drainage of the subdivision. 3. Amend Article III, Section 3.2 by revising Subsection (12) to read as follows: (12A.) The rights-of-way of streets, location of streets within. the rights- of way, street widths, street names, and street designation (public or private). (12B) Atypical roadway cross.-section showing proposed street construction within the proposed right-of-way to, include drainage design, where applicable. 4. Amend Article III, Section 4.4 by revising Subsection (4) to read as follows: (4) The width, names and designations (public or private) of all proposed streets and the width, purpose and designation of other rights-of-way or easements which shall be properly located. 5. Amend Article III, Section 4.4 by revising Subsections (10) and (10) (d) to read as follows: (10) The following certificates, as applicable, shall appear on the final plat: (d) (-i) Certificate of Proposed Subdivision Road Constructioh Standards signed by the District Engineer, North Carolina Department of Transportation, Division of Highways when roads are to be dedi- cated for public use. (ii) Certificate of Approval for Private Street Construction and Street Drainage signed by the New Hanover Courity'Engineer when the approved improvements have been installed as required by this ordinance. (iii) Certificate of Approval for Proposed Private Street Construction and Street Drainage Plans signed by the New Hanover County Engineer when surety is submitted in lieu of the immediate installation of improvements or the 25=lot provision, as speci- fied in this ordinance, is exercised by the subdivider. -2- ~•1 6. Amend Article III, Section 4.4 by adding Subsection (11) and (12) to read as follows: (11) Location of Areas of Environmental Concern as per the North Carolina Coastal Area Management Act Maps. (12) Location of the l00 year flood areas as per the New Hanover County Flood Plain Management Maps. 7. Amend Article IV., Section 2.8 by revising. Subsection (3) to read as follows: (3) Where a public or private street intersects a U.S..or N.C: numbered high- way, or a N.C. secondary road, the intersection design shall be in accordance with the standards of the North Carolina Department of Trans- portation, Division of Highways. 8. Amend Article IV, Section 2.5 by revising Subsection (1) to read as follows: (1) Cul-de-sacs shall not exceed one thousand (1;000) feet in length measured from the centerlines of the intersecting streets to the center point of the turnaround radius. Cul-de-sacs shall have a turnaround at the closed end which is designed and constructed in compliance with the minimum standards of the North Carolina Department of Transportation, Division of Highways. All private street turnarounds shall be approved by the New Hanover County Engineer. 9. Amend Article IV, Section 2.7 by revising Section (1) to read as follows: (1) Street grades shall be approved by the District Engineer,~North Carolina Department of Transportation, Division of Highways for public streets or by the New Hanover County Engineer for private streets. 10. Amend Article IV, Section 2.1 by revising Subsection (1) by changing "North Carolina State Highway Commission" to "North Carolina Department of Transpor- tation, Division of Highways." 11. Amend Article IV, Section 2.9.by revising Subsection (1) to read as follows: (1) Lot size, shapes and locations shall be made with due regard to topo- graphic conditions, contemplated use and the surrounding area. Every lot shall front or abut an approved public or private street for a distance of at least forty (40) feet. 12. Amend Article IV, Section 2.11 by revising Subsection (2) to read as follows: (2) All streets shall be designated to be either public or private in accord- ance with N.C. General- Statute 136-102.6 by 'the subdivider who shall then comply with the requirements of said General Statute and shall submit concurrently with the final plat all disclosure statements required by said General Statute. 13. Amend Article IV, Section 2.11 by adding (6) to read as follows: (6) The New Hanover County Engineer shall review and approve all private street proposals or .development as required by these regulations for compliance with the New Hanover~County standards. 14. Amend Article V, Section 2 by adding Subsection 2.2 to'read as follows: 2.2 No surety or portion thereof, as provided for in this section, shall be released by the Board of County Commissioners until all improvements have been installed, inspected and approved, and until all required certifi- cation of such approval has been presented to said Board. 15. Amend Article V by revising Subsection 3.l to read as follows: 3.1 Permanent Monuments Permanent monuments shall be placed at one (1) or more corners of the subdivision to be designated as control corners according to street designation, public or private, as follows: -3- a. Public Streets: Permanent monuments shall also be placed at the point of inter- section on the centerliries.:of~iritersecting streets and at the point of intersection of the tangents or curves when such point lies com- pletely within the pavement of the proposed street. Otherwise, monuments shall be placed on the centerline at the points of curvature and also at the points of tangency of all curved areas which are to be dedicated for street purposes. Such monuments shall be set nine (9) inches below the finished grade of pavement'. ''A metal casting'of approved type shall be mounted over said monument with its base flange. mounted on a brick foundation with mortar joints of at least two (2) course thickness, the top of which 'must be a minimum of one and three-quarter;(1-3/4) inches higher than the highest point of the monument. Permanent monuments shall be either of.stone or concrete. They shall be at least thirty (30) inches in length, six (6) inches in diameter, and shall have a metal pin or~'punchmar.ked metal plate imbedded therein marking the point represented on the final plat. The location of all monuments shall be shown on the final plat. b. Private Streets: All monumentation shall be in compliance with~Pdorth Carolina General Statute 47-30, as amended. 16. Amend Article V, Section 3.4 Streets to read as follows: All streets, public or private, shall be constructed, inspected and approved in accordance with this ordinance and as follows: a. Public Streets: 1 All public streets shall be constructed in accordance with the minimum requirements of the Plorth Carolina Department of Transpor- tation, Division of Highways. (2) All public streets shall be inspected and approved by the District Engineer, North Carolina Department of Transportation, Division of Highways.. Such approval shall be depicted on, or separately accom- panied with, all final plat submittals by a properly signed Certifi- cate of Proposed Subdivision Road Construction Standards (see Appendices), a statement of final approval upon inspection of the completed street from the aforementioned District Engineer, and a statement of approval from the New Hanover County Engineer; provided that provisions of Section 2., Guarantees of Improvements, of this Article have been completed and complied with in its intent to ensure the installation of these improvements. b. Private Streets: 1 All private streets shall be constructed in accordance with the minimum standards of New Hanover County as follows: (a) Purpose The standards, as contained herein, are established for the purpose of allowing private streets within New Hanover County (with the exception of areas under municipal jurisdiction) to be constructed in accordance with the individual developer's interest and desires consistent with good engineering practice and the need to provide prospective abutting property owners with reliable, safe access to their property with expectations that future maintenance costs would be reasonable. Towards this end, the developer or owner may select the width and type of street construction which he believes will best serve the present and prospective abutting property owners in compliance with the minimum standards contained herein or as approved by the Wilmington-New Hanover Planning Commission (or Committee thereof) and the New Hanover Board of County Commissioners upon recommendation of the County Engineer. (b) Right-of-Way All private streets shall be constructed within a sixty (60) foot right-of-way and shall be designated as "private streets" on the preliminary plans and final plats. The horizontal curvature design for private streets shall be in accordance with the North Carolina Department of Transportation, Division of Highways' standards. -4- (c) Drainage The County Engineer shall approve all drainage plans for private street systems prior to preliminary plan approval by the Planning Commission (or Committee thereof). All storm drainage shall be adequate so that the roadway may be maintained without excessive cost and not cause flooding on private property from storm runoff of the design frequency. The minimum design frequency shall be as follows: 1. Storm sewer collection - 10 years. 2. Cross drainage.- 25 years. Prior to final plat approval or. final plat approval of additional sections of subdivisions (as provided in the 25-lot provision of the Subdivision Ordinance) by the Planning Commission (or Committee thereof), or the release of surety by the Board of Commissioners, all pipe culverts, storm sewers and appentances shall be free of all debris and silt bu ildup and shall be structurally and hydraulically sound, and functioning in a normal manner. A11 drainage ditches shall be of such a width and depth and with such a slope as to carry the anticipated "discharges. Road bed shoulders and ditch slopes shall be stabilized as required under an approved erosion and sedimenta- tion plan. (d) Bridges Structures which are to span streams shall be designed for hydraulic type requirements in accordance with the drainage criteria contained herein. Structures shall be designed for minimum live load of HS-15 as specified in the Standard Speci- fications for Highway Bridges of the American Association of State Highway Officials. Plans shall be submitted. for review and approval by the County Engineer. (e) Pavement Designs Shown below is a list of acceptable materials and minimum thicknesses of base and/or surface course to be used in con- structing private streets. Design should be chosen from Group I or Group II depending on subgrade soil type. GROUP I Good to Excellent subgrade Soil Types Base Course Pavement Surface A-1-a, A-1-b, A-3 7" STBC, Type A or C. 2" SA or I-2 A-2-4, A-2-5, A-2-6, 9" STBC, Type A or C. 11/2" SA or I-2 A-2-7 8" ABC or STBC, Type B. BST, 1 " SA or I-2 6" ABC or STBC, Type B. 1-1/2" SA or I-2 3" BCDE, or Type HB 11./2" SA or I-2 3- 1/2" BCBC, Type HB. 1" SA or I-2 5" Plain Concrete GROUP II Poor to Fair subgrade Soil Types A-4, A-5, A-6, A-7-5, 9" STBC, Type A or C. 2" SA or I-2 A-7-6 8" ABC or STBC, Type B. 10" ABC or STBC, Type B. 4" BCBC., Type HB. . 3" BCBC, Type HB. . . 1-1/2" SA or I-2 . BST, 1 " SA or I-2 . 1-1/2" SA or I-2 . 2 " SA or I -2 . 6" Plain Concrete Any other pavement design must be reviewed by the County Engineer on an individual basis and approval will be based upon sound engineering principles. NOTE: subgrade - No base course shall be placed on muck, pipe clay, organic matter or other unsuitable material as determined by the County Engineer. ABC - Aggregated Base Course, No. 7. STBC - Soil Type Base Course BST - Bituminous Surface Treatment SA - Sand Asphalt, Type F-1 II-2 - Bituminous Concrete Surface Course, Type I-2 BCBC - Bituminous Concrete Base Course, type HB -5- ' Other base courses such as various cement-treated materials may be used in lieu of those shown above. These materials shall be of sufficient thickness to provide equivalent strength. However, any design other than those shown above must be approved prior to use. All materials shall meet the requirements set forth in the'"North Carolina Standard Specifications for Road and Structures" as cer- tified by the suppliers of these materials and a copy of such certification shall be provided to the County Engineer in addition to other required items for street approval. (2) The New Hanover County Engineer shall approue.a~ll private street construction, installed or proposed, with the applicable certifica- tion (see Appendices) prior to approval of the final plat by the Planning Commission. (3) Whenever a private street intersects a U.S. or N.C. Highway or a N.C. Secondary Road, a statement of approval for the intersection, signed by the District Engineer, North Carolina Department of Trans- portation, Division of Highways for New Hanover County, shall be submitted concurrent with the final plat. 17. Revise the Appendices to read as follows: ARTICLE VII APPENDICES Section 1 The certificates herein shall appear on final plats, if applicable a. Certificate of Ownership, Dedication and Jurisdiction t ,I I(we) hereby certify that I am(we are) the and described hereon and that I(we) hereby with my(our) own free consent and dedicate parks and other areas to public or private certify the land as shown hereon is locate jurisdiction of New Hanover County. owner(s) of the property shown adopt this plan of subdivision all streets, alleys, walks, use as noted. Further, I(we) i within the subdivision Date Signature of Owner s b. Certificate of Proposed Subdivision Road Construction Standards Department of Transportation Division of Highways Proposed Subdivision Road Construction Standards Certification approved Date District Engineer c. Certificate of App_r_oval for Private Street Construction and Street Drainage I hereby certify that the street construction and street drainage of all streets, as shown hereon, have been examined and found to comply with the minimum acceptable construction standards of New Hanover County. Date New Hanover County Engineer d. Certificate of Approval for Proposed Private Street Construction and_ Street Drainage Plans I hereby certify that the proposed street construction and street drain- age plans for all streets, as shown hereon, have been examined and found to comply with the minimum acceptable construction standards of New Hanover County. Date New Hanover County Engineer -6- e. Certificate of Accuracy and P~apping I, certify that this map was (drawn by me) (drawn under my supervision from (an actual survey made by me) (an actual survey made under my supervision) deed description in Book , Page Book Page etc. (other); that the error of closure as calculated .T-y latitudes and departures is 1: that the boundaries. not surveyed are shown as broken lines plotted from informa- tion found in Book Page that this map was prepared in accordance with G.S. 47-30 as amended. Witness my hand and seal this day of A.D., 19 Surveyor North Carolina County I, a Notary Public for said County and State, do hereby certify that personally came before me this day and, being duly sworn, stated that the annexed map was pre- pared by him (or was prepared under this supervision) from an actual survey made by him (or made under his supervision) on the day of and that, according to the best of his know- ledge and belief, such map is in all respects correct. Witness my hand and official seal, this the day of 19 (Official Seal) My commission expires STATE OF NORTH CAROLINA New Hanover County Notary Public 19 The foregoing certificate of Notary Public of New Hanover County, is certified to be correct. This the day of 19 Drawn by Lois C. Le Ray, Register of Deeds by f. Certificate of Approval of Water Supply and Sewage-Disposal Systems I hereby certify that the type of water supply and sewage disposal system installed or proposed in Subdivision are approved by this department. The installation of individual, on-site sewage disposal systems for this subdivision may or may not~be approved subject to lot-by-lot soil evaluation, subject to New Hanover County Health Department Sewage .Disposal Regulations. The individual, on-site water supply systems proposed for this subdivision must be constructed according to New Hanover County Health Department private water supply ordinances. Date r Signature: g. Certificate of Approval by the Planning Commission The Wilmington-New Hanover Planning Commission hereby approves the final plat for _ ~ Subdivision. Date Chairman, Planning Commission -7- h. i. j• Certificate of Approval by Board of County Commissioners Approved by the New Hanover County Board of Commissioners provided that this plat is recorded within ninety (90) days of final approval. Date Chairman, County oard"of Commissioners Certificate of Registration by Register of Deeds North Carolina New Hanover County Filed for registration on the day of at (AM/PM) and duly recorded in Map Book at Page Register of Deeds Certificate of Disclosure - North Carolina Coastal Area Management Act I(we) hereby certify that prior to entering any agreement or any convey- ance with a prospective buyer, I(we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign, a statement which fully and accurately discloses that the buyer may have responsi- bility to obtain a. development permit (minor or major) and the agency to which an application must be filed in order to obtain said permit prior to any undertaking or activity subject to the requirements of the North Carolina Coastal Area Management Act. Date k. Certificate of Disclosure - New Hanover County Flood Plain P~anagement permits. I(we) hereby certify that prior to entering any agreement or any con- veyance with a prospective buyer, I(we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign a statement which fully and accurately discloses that the subject real estate, or a portion of the subject real estate, is located. within a flood hazard area and that the buyer must satisfy the requirements of the New Hanover County Flood Plain Management Regulations prior to the issuance of construction Date Signature of Owner s Signature of Owner s Certificate of Acknowledgement.of Compliance for Private Developments I(we) hereby certify that streets, parks, open space or other areas delineated hereon are dedicated to private use, and all traffic markings and control devices shall not be the responsibility of the public or the County, acting on behalf of the public, to maintain: Furthermore, prior to entering any agreement or° any conveyance with the prospective buyer, I(we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign, an acknowledgement.of receipt of a disclosure statement. The disclosure statement shall fully and completely disclose the private areas and include an explanation of the consequences and responsibility as to the maintenance of the private areas, and shall fully and accurately disclose the party or parties upon whom the respon- sibility for construction and maintenance of such private areas shall rest. Date Signature of Owner s • -8- m. Certificate of Disclosure for Drainage, Easements and R'ightS=of-61ay I(we) hereby certify that prior to entering any agreement or any con- veyance with a prospective buyer, I(we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign, a statement which fully and accurately discloses the responsibility of maintenance of the water courses and drainageways and easements and rights-of-way related to such, as shown. hereon. Date Signature of Owner s Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be i~ ull force and effect from and after its adoption. Adopted this ~-~ day of ~ u 1979. ~ II ~ Chairman and Commissioner ~} Commi sinner 1 Com issioner Commissioner Commissioner w~- ELLEN C. WILLIAM S, CHM.. KAREN E. GOTTOVI, V-CHM. HOWARD L. ARMISTEAD, JR., MD CLAUD O'SHIELDS, JR. VIVIAN S. WRIGHT DAN W.ELLER COUNTY MANAGER JAMES. C. FOX COU NTY ATTORNEY ALYCE B. RUSMISELL CLERK TO THE BOARD February, 1979 ~ffire (~f . ~.Q~X~ .IT1 IJ~IT~1txTlt~~tLlxt~XB ~P~ ~ZIttII~TEr ~IILII'[~~7 32II (llflestnuf ~treet ~ilmingtan, ~artlj ~ttralintt 284II1 `dlelepflane (9131 763-3688 MEDIORANDUM T0: County Commissioners FROM: Dan W. Eller ~~ 0~ ~- ~S RE: ,Proposed Changes in Operation of New Hanover County Dog Control Program I. Organization Since June, 1970 the responsibility for the dog control program has been contracted to a private enterprise. The contractor enforced the stale and. local laws with regard to animal control and operated the dog pound. He was paid from budgetary appropriations and all fees which he collected from license sales, impoundment fees, adoption fees, 'etc. were remitted. to the County. This arrangement has had several advantages from the Counter's standpoint< Some of the advantages were the following: 1. The County was relieved, directly, of responsibility for the dog control. program. County personnel did not have to get invol~Ted in answering complaints and providing supervision. 2. The burden on the Finance Department was minimal.. Only 12 checks per year were written by the County. All of the payroll processing, order- - ing supplies, maintaining equipment, etc. were the responsibility of the contractor. 3. The personnel employed by the contractor were not covered by any county personnel policies nor were they provided the benefits available to county employees. County personnel were not involved in any employee- employer relations problems. 4. The rolling stock was owned and maintained by the contractor, relieving the County Garage of additional workload. The contracting system also had some inherent disadvantages from the County's standpoint, among which were the following: 1. Becausu the County did not have direct responsibility for the dog control program, the County did not directly supervise the program and lacked authority over the actions of.the contractor's, employees. f -2- 2. While the County had authority to audit the contractor's books, it lacked the control of expenditures that would be present in a county ° department which must expend funds according to budgetary appropriations and through established personnel and purchasing policies. . 3. The County lacked authority to resolve employee-employer relations • problems. Complaints about employee performance, attitu d e, etc.. could only be referred to the contractor. Contractor's employees have • been considered county employees by the public. Contractor's employees ' thus have been in a "neither fish nor fowl" status. ~ • 4. The County is held generally responsible far the operation of the program, but has contracted away much of its responsibility and • authority. The only way, in my opinion, for the County to regain ultimate responsibility and authority over the animal control program is for the program to be a line function of County government and a full-f ledged County agency, responsible and accountable,to the appropriate county official. I, therefore, propose to the Board of Commissioners: 1. that the contractor be formally advised that the County intends to terminate the contract effective July 1, 1979. (The contract requires. 90 days written notice for termination except for default.) 2. that the operation of the Animal Control Program be made a responsibility of the Health Department. 3. that the Health Director be authorized to begin recruiting for an Animal Control Director at salary grade 65 ($11,505 - $14,512) and. that $4,000. be appropriated from Contingencies to Salaries $ It°'ages in the Health Department budget to permit the hiring of the Supexintendc:ni: effective April 1, 1979. 4. that the personnel to be employed at the Animal Contol Center as of ~~ :: July 1, 1979, consist of no more than the following positions and Jess • if the Health Director can determine that the ~aoxkload will permit: Number Classification Salary Grade 1 Animal Control Director 65 ($11,505 - $14,51.2) '•`.~''~ 1 Animal Control Supervisor 62 ($10,064 - $12,612) ~ ~. 5 ~YiimalControl Officer 60 ($ 9,208 - $11,505) 2 Clerk - Dispatcher 56 ($ 7,663 - $ 9,626) • 2 Animal Shelter Attendants 54 ($ 6,995 - $ 8,790) Recruiting .for all of the above positions should follow .the normal recruiting procedures; i.e.,development of job descriptions, advertising, screening, inter-- vietiving and selection based on qualifications. The Health Director or his designate should recruit and select the Animal Control Director who, in turn, should recruit and select the persons to fill the other positions, -3- 5. that the records of the Animal Control Center as to dates and times ,~ of calls received be reviewed to determine if the operating hours can be reduced and an acceptable level of service maintained.' 6.. .'that visiting hours for purposes. of adoptions and/or redemptions be established at 10:00 a.m. - 1:OO:p.m, and 4:00 p.m. _ 6:00 p.m. so.that visitations do not conflict with. the regulax operations of the Center.. 7. that all veterinarians be invited to provide inspections and recommends- . ~ tions on the operations of the Center on a rotating basis. II. Ordinance ~- .. . .. , (l~r.~ordiriance does not differ greatly in its impact from the model ordinances proposed by the Humane Society of the United States.and the Institute of Govern.r~ent. There are several improvements which could be made to our ordinance by adopting provisions of the model ordinances, I am .enclosing copies of our current ordinance and the two model ordinances and recommend that you review all three and advise the County .Attorney as to what, if any, changes you would like to make. There are some changes which I recommend be made in our ordinance. 1. Iri•:addition to the graduated (the fee increases with each impoundment) impoundment fees, the owner should be charged $25 if the dog is not wearing both a current ,rabies tag and a county license tag at the time the animal is impounded. ~. ' .. .. .. ~t 2. The impoundment fee should.be.increasecl from tlze;.pres,ent.$5 :For. first _.. impoundment with $5 added for each subsequent impoundment to $10 for the first impoundment with $10 increments. There should be provision made in the ordinance for criminal prosecution for violation of the ordinance. 3. The license fees should be changed from the current fee of $2.00 for al.l dogs to the following schedule recommended by the Humane Society of the U. S. a., for each unneutered male dog Os ~S oa . b . for each unspayed female dog .~-~ = 6fl`~ c.• for each. neutered male dog $ 2,00 ' d. for each spayed female dog $ 2.00 4. The ordinance now requires the Animal Control Center to keep impounded dogs seven days before disposing of them by adoption or euthanasia. The time period should be reduced to five days. The fees should be reviewed annually with the goal of making the Animal Control Center self-sustaining. In my opinion the dog owners should be paying 100a of the costs of the operation of the Animal Control Program. r -4- I will place this report on the agenda for the February 19 meeting and will be happy to answer any questions or provide additional information at that time or earlier if you will give me a call.