2010-01-04 RM Exhibits NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
Exhibit
North Carolina Book AX.X,!!i NO.-�-»
County of New Hanover
Road(s) Description. Hobart Drive, John Yeaman Road, Miranda Court, and Caesar
Court located within the North Chase Subdivision in New
Hanover County (Division File No 1149-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road Svstem, and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the roads) meets minimum standards and criteria
established by the Division of Highways of the Department of Transportation for the addition of roads to the
Svstem.
NOff, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover
that the Division of Highways is hereby requested to review the above described road(s), and to take over the
road(s)for maintenance if thev meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 4th day of January , 2010
WITNESS my hand and official seal this the �A day of
2010
co i �O
o Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
3
Form SR-2 wa�►sF�E�,`�':
Please Note• Forwar directly to the District Engineer,Division of Highways.
resolute.doc
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT SUP Book Page'3D
Amendment to S-13(County Planning File No.S-582, 6/08)
A commercial marina with a forklift pier and dry stack storage of 200 boats
In an R-15 Residential Zoning District EXhlbft
(1512 Burnett Road) Book XXX I I Page l•Z,
The applicant is Shanklin and Nichols, LLP for Carolina Marina and Yacht Club (Tim Ward)for an
amendment to Special Use Permit No 13 (S-13)to allow dry stack storage for up to 200 boats and
forklift pier and other accessory structures pursuant to a proposed site plan Based upon the Board of
County Commissioners hearing and the decision rendered on July 7, 2008 and the Order of Superior
Court Judge Gary Locklear dated August 6, 2009, the Board hereby grants the applicants request for an
amendment to Special Use Permit No 13 In doing so the Board makes the following FINDINGS OF
FACT and renders the following CONCLUSIONS
1 The Board finds pursuant to Judge Locklear's Order that the use will not materially endanger the
public health or safety if located where proposed and developed according to the plan as
submitted and approved Aqua NC cannot provide adequate water pressure so alternate
methods will be required
2 The Board finds that the proposed site plan meets all required conditions and specifications of
the zoning ordinance
3 The Board finds pursuant to Judge Locklear's Order that the use will not substantially injure the
value of adjoining or abutting property Conflicting testimony was presented by licensed real
estate appraisers as to the detrimental or injurious nature of this type of use on the value of
adjoining or abutting property
4 The Board finds pursuant to Judge Locklear's Order that the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located and
in general conformity with the plan of development for New Hanover County Judge Locklear
determined there was not sufficient competent, material or substantial evidence to counter the
prima facie showing made by Applicant that its proposal was in harmony with the area
5 Therefore, pursuant to these findings the Board of County Commissioners conclude that the
specific and general requirements necessary for an amendment to a special use permit have
been satisfied and it is HEREBY ORDERED that the application for an amendment to SPECIAL USE
PERMIT NO 13 is GRANTED subject to the following conditions
a That the applicant shall fully comply with all the specific requirements stated in the
ordinance for the proposed use as well as all the conditions on the proposed site plan
presented for case S-582, here attached, as well as the following conditions expressly stated
by the Applicant during the hearing of this matter before the Board of County
Commissioners
1 No fuel sales on site
2 No alcohol sales on site
1
Ordered this the 1L day of December, 2009
Jason R Thompson, Chairman
ATTEST
Clerk to the Board
o
3ry a2
2
Exhibit
Book LOO J t Page
AGENDA. January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-130
BE IT ORDAINED by the Board of County Commissioners of New Hanover County North
Carolina, that the following Budget Amendment 10-130 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: Emergency Management&911 Communications
Expenditure: Decrease Increase
Emergency Management&911 Communications.
Safety Equipment $20 000
Total $20,000
Revenue: Decrease Increase
Emergency Management&911 Communications:
State Grant-Urban Search and Rescue Grant $20,000
Total $202000
Section 2. Explanation
To budget grant award of $20,000 from the North Carolina Department of Crime Control and Public
Safety These funds will be used for search and rescue training and exercises and to purchase personal
protective equipment,hydraulic rescue tools,and a concrete cutting saw There is no local match.
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 10-130, amending the annual
budget ordinance for the fiscal year ending June 30,2010 is adopted.
Adop is da of
ted,__,`th day of u.a 12010
(SEA
\ Jason R. ompson,Chairman
ATTE \ _
Sheila L.Schutt,Clerk to the Boar
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
i 230 GOVERNMENT CENTER DRIVE SUITE 175 WILMINGTON, NC 28403
f \ (910)798-7149 (910)798-7145FAX WWW.NF4CGOV.COM
e Jason R.Thompson,Chairman Jonathan Barfield,Jr.,Vice-Chairman
Robert G.Greer Commissioner William A.Caster,Commissioner Ted Davis,Jr Commissioner
T L. --- Exhibit
Fr`it'x's 'L Sheila Schult,Clerk to the Board
Book x,jX!
Exhibit
AGENDA January 4,2010 Book Mil Page-/- 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-059
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-059 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: Sheriffs Office/Uniform Patrol
Expenditure: Decrease Increase
Sheriff's Office/Uniform Patrol
Safe Summer Program $2,000
Total $2,000
Revenue: Decrease Increase
Sheriff s Office/Uniform Patrol
Good Shepherd Fund,Inc.grant $2,000
Total $2,000
Section 2 Explanation
To budget grant award of $2,000 from the Good Shepherd Fund, Inc. for the Safe Summer
Program. These funds will be used for drug abuse prevention. intervention, and education. There
is no local match requirement.
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 10-059 amending the annual
bu�d_ectt ordinance for the fiscal year ending June 30,2010, is adopted.
U/STY
O t ted,this u1 day of 12010
2 �
O
r
f��Astisiib 1
A—sonoThomson, airman
ATTEST
Shei a L.Schult,Clerk to t ie oard
Exhibit
Book XXXI It Page._..cL.
AGENDA January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-113
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-113 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: DSS/Administration
Ex enditure: Decrease Increase
DSS /Administration.
Salaries and Wages $66,000
DSS/Client Related Support—CWS
Family Find Searches $ 1,000
Total $67,000
Revenue: Decrease Increase
DSS/Administration.
Duke Endowment Grant $67,000
Total $67,000
Section 2 Explanation
To budget a grant award of$67,000 from the Duke Endowment to fund salaries for Family Find personnel
and information search expenses. No County match is required, and there is no requirement to continue
the program when funding ends.This funding will defray the cost of an existing position. Expenditures in
the department have not been reduced by a similar amount due to the large increase in caseloads that is
being experienced by the Department.
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 10-113,amending the
annual budget ordinance for the fiscal year ending June 30,2010 is adopted.
B Ty o N d ted,this day of 2010
GO
O
t �
o (S
o
z`
Jason R. hompson, hairman
g
Sheila cult Clerk
to the Board
Exhibit
Book :an]11Page
AGENDA January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-125
BE IT ORDAINED by the Board of County Commissioners of New Hanover County North
Carolina, that the following Budget Amendment 10-125 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section I Details of Budget Amendment:
Fund. General Fund
Department: DSS/ARRA
Expenditure: Decrease Increase
DSS/ARRA.
Daycare Services $306,559
Total $306,559
Revenue: Decrease Increase
DSS/ARRA.
Operating Grant-Federal $306,559
Total $306,559
Section 2. Explanation
To budget an additional allocation of Federal ARRA Stimulus funds for Child daycare services.There are
currently just over 400 children on the DSS daycare wait list.There is no County match required.
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 10-125 amending the
annual budget ordinance for the fiscal v ar ending June 30,2010,is adopted.
N
�r1TY•
GO 0 opted,this _day of 2010
O
O
2
�a S Jason .Thompson,Chairman
ST
Sheila L.Schult,Clerk to the Board
Exhibit
Book-X24 wpage
AGENDA.January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-127
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-127 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: DSS/Energy Assistance
Expenditure: Decrease Increase
DSS/Energy Assistance:
Assistance Payments $79,980
Total $79,980
Revenue: Decrease Increase
DSS/DSS-Administration.
DSS Admin 1571 Funds—Fed/State $79,980
Total $79,980
Section 2. Explanation
To budget an additional crisis intervention funds of$79.980 for energy assistance payments. There is no
County match required.
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 10-127, amending the annual
budget ordinance for the fiscal year endi June 30,2010 is adopted.
t.1TY. dopted,this day of 2010
GOV ! MO?
O L) n
a
r
Jason mon,Chairman
Sheila L.Schult,Clerk to the Board
Exhibit
Book 1&/r Page ilk
AGENDA.January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-128
BE IT ORDAINED by the Board of Countv Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-128 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: DSS/Child Daycare
Expenditure: Decrease Increase
DSS/Child Daycare:
Smart Start Child Da care $83,673
Total $83,673
Revenue: Decrease Increase
DSS/Child Daycare:
Operating Grants and Contributions—Smart Start $83,673
Total $83,673
Section 2 Explanation
To budget an additional Smart Start allocation of$83,673 for Smart Start child daycare services. There is
no County match required.
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 Ne'A
Hanover County,North Carolina,that the Ordinance for Budget Amendment 10-128, amending the annual
budget ordinance for the fiscal year endiag June 30,2010,is adopted.
Oor1TY' dopted,this �� day of 2010
G
O ) y
O
r
Jason Yhompson,Chairman
Shei a , Schult,Clerk to the Boar
Exhibit
Book M//I Page I• �O e-
AGENDA. January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-110
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-110 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section I Details of Budget Amendment:
Fund. General Fund
Department: Sheriffs Office/Uniform Patrol
Expenditure: Decrease Increase
Sheriff's Office/Uniform Patrol-
Training and Travel $10,000
Total $10,000
Revenue: Decrease Increase
Sheriff's Office/Uniform Patrol
NC Governor's Highway Safet Program grant $10,000
Total $10,000
Section 2 Explanation
To budget grant award of$10,000 from the North Carolina Governors Highway Safety Program for Law
Enforcement Liaison Reimbursement grant for Sheriff's Office personnel in-state and out-of-state travel
reimbursements while assisting in gathering traffic statistics and coordinating the initiatives of"Booze It
and Lost It"and"Click It or Ticket"campaigns.Total project cost is federal funds and no County match is
required.The Board of County Commissioners approved application for these grant funds at their
August 17,2009,meeting.
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 10-110 amending the
annual budget ordinance for the fiscal y r ending June 30,2010 is adopted.
GOON Y pted,this day of 2010
O — n
Jason R. homp n,Chairman
\ A�1"I`EST
Shei a . Schutt,Clerk to the Board
Booktx M Page
Book�lL. 9
AGENDA.January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-111
BE IT ORDAINED by the Board of County Commissioners of New Hanover County North
Carolina, that the following Budget Amendment 10-111 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: Sheriffs Office/Uniform Patrol
Expenditure: Decrease Increase
Sheriff's Office/Uniform Patrol
Salaries&Wages $1,821
Total $1,821
Revenue: Decrease Increase
Sheriff's Office/Uniform Patrol
Traffic Enforcement Grant $124,027
Appropriated Fund Balance:
Appropriated Fund Balance $122,206
Total $122,206 $124,027
Section 2. Explanation
To budget third year Governor's Highway Safety Program 2010 Traffic Enforcement grant award. These
funds will continue funding 4 deputy positions until September 2010 Positions will be evaluated and
continuation will be determined based on available funding at that time. Total project amount for year 3 is
$248,054
In FY09-10, an amount of$246,233 was budgeted for the cost of 4 deputy positions. Revenue was not
budgeted pending appro%a] of grant. This budget amendment is budgeting the non-county portion of grant
in the amount of$124,027 The actual grant amount approved is $1,821 more than the currently budgeted
amount.The award of the grant decreased appropriated fund balance by$122,206 Prior to actions taken at
the Board of County Commissioners meeting,the Appropriated Fund Balance is$3,739,234
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 10-111,amending the annual
et ordinance for the fiscal year ending June 30,2010,is adopted.
60 1.4
t O pted,this day of 2010
� � y
O �
O
1Z
�aTnaus++v}�. Jason R. hompson,Chairman
ATTEST
Sheila L.Schult,Clerk to the Board
Exhibit
Book X)(Y Page
AGENDA January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-131
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-131 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. General Fund
Department: Sheriffs Office/Uniform Patrol
Expenditure: Decrease Increase
Sheriff's Office/Uniform Patrol
Salaries&Wages $38,565
Total $38,565
Revenue: Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $38,565
Total $38,565
Section 2. Explanation
To carry over Governor's Highway Safety Program 2010 Traffic Enforcement grant from FY08-09 to
FY09-10 Prior to actions taken at the Board of County Commissioners meeting, the Appropriated Fund
Balance is$3,739,234
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 10-131,amending the annual
b dgEt`ordinance for the fiscal year end g June 30 2010 is adopted.
O,�r1TY
} ed,this day of 2010
,w y
o
z
7t, %
WSlli 4Jason . n, airman
ATTEST
Sheila L ScTiult,Clerk to the Board
Exhibit
[hook XXKU Page
AGENDA.January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-35
BE IT ORDAINED by the Board of County Commissioners of New Hanover County North
Carolina, that the following Budget Amendment 2010-35 be made to the annual budget ordinance for the
fiscal year ending June 30,2010
Section 1 Details of Budget Amendment:
Fund. Controlled Substance Tax
Department: Sheriffs Office
Expenditure: Decrease Increase
Controlled Substance Tax.
Supplies $7,626
Total $71626
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $7,626
Total $7,626
Section 2 Explanation
To budget receipt of$7,626 on 11/25/09 Controlled Substance Tax funds are 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 2010-35, amending the
annual budget ordinance or the fiscal y ar ending June 30,2010 is adopted.
� r2ted,this day of 2010
Z � v
Z I ,
y ''A � *R. ompson,Chairman
A -
S eh a L. Schutt,Clerk to the oar
Exhibit
Book)!S 1 Page
AGENDA January 4,2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-36
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 2010-36 be made to the annual budget ordinance for the fiscal year ending June
30 2010
Section i Details of Budget Amendment:
Fund. Federal Forfeited Property
Department: Sheriffs Office
Expenditure: Decrease Increase
Federal Forfeited Property-
Supplies $5,002
Total $5,002
Revenue: Decrease Increase
Federal Forfeited Property-
Federal Forfeited Property $5,002
Total $5,002
Section 2. Explanation
To budget receipt of$5,002 on 12/12/09 Federal Forfeited Property funds are 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 2010-36, amending the annual budget
r the fiscal vending June 0,2010,is adopted.
A O this day of 2010
� O
*R. hompson, irman
ATTEST
Sheila L. Schult,Clerk to the Board
NEW HANOVER COUNTY
ALCOHOLIC BEVERAGE CONTROL BOARD
P 0 BOX 3036
WILMINGTON, NC 28406 Exhibit
TELEPHONE 910-762-7611 Book XXx/LI Page
FAX. 910-343-0491
CHARLES C WELLS W.R. WILLIAMS
Chairman Administrator
RICHARD V HANSON BRADLEY S WILLIAMS
STEPHEN E. CULBRETH January 4, 2010 Assistant Administrator
New Hanover County Board of Commissioners
230 Market Place Mall
Wilmington, N C 28403
Gentlemen.
This ABC Board has worked toward having the New Hanover County ABC system perform
efficiently for the benefit of the citizens of New Hanover County In order to allow the
dissipation of misunderstandings emerging from a sector of the public's perception of our
performance as Board members of this ABC system, we hereby resign from the Board effective
upon your acceptance of our resignations or 12 00 noon tomorrow, January 5, 2010, whichever is
sooner
The divisiveness of the continuing disputes becomes more insidious and disruptive of the
functioning of the ABC system. We hope our resignations will remove the pall of
misunderstanding and enable you to appoint a new Board.
We leave the Board with the knowledge that the system's business performance has produced
superior results with a minimum of personnel. New Hanover County's ABC system is in
excellent condition.
Respectfully yours,
Charles C Wells Chairman
Richard V Hanson
Stephen E Culbreth
Exhibit
Book ,1 f pale"O N g
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969, AND SUBSEQUENTLY AMENDED
A-382 (11/09)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be, and the same is hereby further amended to read as follows in the section(s) noted
Make the following changes to the ordinance
(Remove language struck through and add language in red.)
ARTICLE VI SUPPLEMENTARY DISTRICT REGULATIONS
Section 69 17 Telecommunication, Communication Facilities, Cellular and Related Towers
These facilities may be located by right in the I-1 and I-2 Districts and by special
use permit in all other zoning districts. In addition, these facilities shall be subject
to the following:
(A) Except for amateur radio antenna up to 90 feet, any tower, antenna or related
structure in ROB FeStde„t any zoning district shall set back from any existing
residential d"w llg property line or residential zoning district boundary a
distance equal to the height of the tower as measured from the base of the tower
In no case shall the setback for any tower, antenna or related structure be less than
50 feet.
(B) All towers,
be legated a distance egaal to the height of the tower- f•,m any side tit
dwelling as ffieaStffed from the base of the to wef in tie ease shall a tower- t nn
OF Felated strueture be located eloser- than 50 feet fFofn any residential pfepeFty
lWhere Special Use Permits are required, all of the following standards shall
be applied, and all requirements must be met. as well as any Additional conditions
may be determined to be necessary to mitigate negative impacts, and the permit
should be approved only if all negative impacts can be mitigated. as det°fffita
by the New Hanover- County V1111111JJ1Vlle1 J. T'r-r—affiTi-ease where no mitigating
i No reductions in setbacks may be granted for this use under Section 6713-4
of this ordinance.
ii The minimum distance between the tower and any other adjoining parcel
of land or road must be equal to the minimum setback described above,
plus any additional distance necessary to ensure that the tower, as
designed, will fall within the tower site.
A-382 Page 1 of 5
ill The applicant shall provide simulated photographic evidence of the
proposed appearance of the tower from four (4) vantage points and a
statement as to the potential visual and aesthetic impacts on all adjacent
residential zoning districts The simulation shall include overall height;
configuration, physical location, mass and scale, materials and color
(including proposals for stealth structures), and illumination.
iv Concealed (stealth) or camouflaged facilities are encouraged when the
method of concealment is appropriate to the proposed location. Attached
stealth facilities may include but are not limited to painted antenna and
feed lines to match the color of a building or structure, faux windows,
dormers, or other architectural features that blend with an existing or
proposed building or structure Freestanding stealth facilities typically
have a secondary, obvious function such as church steeple, windmill. silo,
light standard, flagpole, bell/clock tower, water tower, or tree
k The proposed appearance of concealed or non-concealed facilities shall be
evaluated for compatibility with the surrounding community prior to
submission of the special use application. Applicants shall meet with
Planning staff for a preliminary review of proposed appearance in order to
assure each facility will impose the least obtrusive visual impact.
(C) A landscaped buffer with a base width not less than 25 feet and providing
100% opacity shall be required within the tower site to screen the exterior of
protective fencing or walls. pursuant **co—the mimmum TCgutr—ements of t
Ordinance The base of the tower and each guy wire anchor must be surrounded
by a fence or wall not less than 8 feet in height.
(D) All applicants seeking approval for the construction of any new towers,
antennas, and related structures that require special use pefffitt app shall
submit written evidence in the form of a report to demonstrate that collocation on
any existing tower, antenna or usable structure in the search area for the new
tower is not reasonable or possible. Technical data in the report shall include
certification by a Registered Professional Engineer licensed in the State of North
Carolina or other qualified professional, whose qualifications shall be included,
regarding service gaps or service expansions that are addressed by the proposed
telecommunication tower and accompanying maps and calculations
demonstrating the need for the proposed tower A map showing the search ring
and an inventory of all structures investigated for co-location shall be included as
well as a radio frequency analysis indicating the coverage of existing wireless
communications sites, coverage prediction, and design radius, together with a
certification from the applicant's radio frequency (RF) engineer that the proposed
network design is intended to improve coverage or capacity potential or reduce
interference and the proposed facility cannot be achieved by any higher ranked
alternative such as a concealed (stealth) facility, attached facility, replacement
facility, co-location, or new antenna support structure
A-382 Page 2 of 5
(E) All towers shall be constructed to accommodate collocation. Towers over 150
feet in height shall be engineered to accommodate at a minimum two additional
providers Towers 150 feet or less in height shall be engineered to accommodate
at a minimum one additional provider
(F) All applicants seeking approval shall also submit a written affidavit from a
qualified person or persons, including evidence of their qualifications. certifying
that the construction or placement of such structures meets the provisions of the
Telecommunications Act of 1996, the National Environmental Policy Act of
1969, FCC Rules Sections 1 1311, 1 1312, 1 1307 and all other applicable federal,
state and local laws. The statement must certify that radio frequency emissions
from the antenna array(s) comply with the FCC standards The statement shall
also certify that both individually and cumulatively the proposed facilities located
on or adjacent to the proposed facility will comply with current FCC standards In
accordance with NCGS 153A-349 52(a), the County cannot base its pennitting
decision on public safety implications of radio frequency emissions of wireless
facilities
(G) Any tower and associated equipment which was lawfully constructed under
the terms of the Ordinance, which is now considered a nonconforming
improvement, may continue or be reconstructed as a conforming improvement
even through the tower and associated equipment may not conform with the
provisions of this Ordinance for the district in which it is located Towers and
associated equipment may only be enlarged and/or relocated if the enlarged or
relocated tower eliminates the need for an additional tower provides additional
collocation opportunities on the tower, or provides additional antenna space on
the tower and provided further that the enlargement and/or relocation shall be in
conformance with the following regulations and design limitations
1 Tower height may not be increased by more than 15% of the originally
constructed tower height. Increases in height greater than 15%will require
a variance from the Board of Adjustment.
2 A tower shall be allowed to be reconstructed and relocated within the
boundaries of the property on which it is located so long as the decrease in
the setback does not exceed 15% of the originally constructed tower
height and the relocated tower is sited to minimize any increase in the
existing nonconformity Any request to reconstruct and relocate the tower
where the resulting decrease in setback exceeds 15% of the originally
constructed tower height shall require a variance from the Board of
Adjustment. (8/4/97)
(H) Cellular and PCS antennas attached to existing structures shall not add more
than six feet to the overall height of a structure (10/02)
(1) Signage
A-382 Page 3 of 5
i Attaching commercial messages for off-site or on-site advertising shall
be prohibited.
u. The only signage that is permitted upon a tower antenna support
structure, equipment cabinet, or fence shall be informational, and for the
purpose of identifying (1) the antenna support structure (such as ASR
registration number) (2) the party responsible for the operation and
maintenance of the facility; (3) its current address and telephone number;
(4) security or safety signs, (5) property manager signs for the tower (if
applicable), and (6) signage appropriate to warn the general public as to
the use of the facility for radiofrequency transmissions.
(J) Equipment Compound.
i Shall not be used for the storage of any equipment or hazardous waste
(e.g., discarded batteries) or materials not needed for the operation. No
outdoor storage yards shall be allowed in a tower equipment compound.
ii Shall not be used as habitable space
(K) Outside Experts and Disputes
i Siting of telecommunications facilities may involve complex technical
issues that require review and input by outside experts. Staff may require
the applicant to pay the reasonable costs of a third-party technical study of
a proposed facility Selection of expert(s) to review the proposal shall be
at the sole discretion of the decision-making body
ii if an applicant for a telecommunications facility claims that one (1) or
more standards of this Ordinance are inconsistent with federal law as
applied to a particular property, or would prohibit the effective provision
of wireless communications within the relevant market area. the decision-
making body may require that the application be reviewed by a qualified
engineer for a detennmation of the accuracy of such claims Any costs
shall be charged to the applicant.
(L) The applicant shall submit Form 7460 to the Federal Aviation
Administration (FAA) to assure compliance with all FAA standards and
to resolve issues of concern, including required lighting, possible
transmission interference or other conflicts when the proposed tower site
is located within ten thousand (10,000) feet of an airport or within any
runway approach zone
Section 2 Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 3 This ordinance is adopted in accordance with NCGS 153A-341 and the board of
commissioners has found the amendment consistent with the policies adopted in the 2006 land
use plan, reasonable and in the public interest to clarify outdated language in the zoning
ordinance
A-382 Page 4 of 5
Section 4 This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover North Carolina, and shall be in full
force and effect from and after its adoption.
Adopted the 4"'day of January, 2010
4JasonR. pson, Chairman
pX)AT Y
Attest
l
77y
\'SSA lit iHh.�l/
-- Sheila L. Schult, Clerk to the Board
A-382 Page 5 of 5
Exhibit
Book xxx t ,Pale(.9
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE SUBDIVISION REGULATIONS
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED FEBRUARY 17, 1969
CASE: A-383, 11/09
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section 1 That the Subdivision Regulations of the County of New Hanover, North Carolina
adopted February 17, 1969, as amended be and the same is hereby further amended as follows.
ADD Article VII. Appendices Certificates of The Subdivision Regulations as noted,
L) Certificate of Disclosure: PRIVATE ROADS
I (we) the developers of subdivision located in
the unincorporated area of New Hanover County understand that the roads in said
subdivision are designated private I understand that ownership and maintenance
of the roads will be the responsibility of the developer until such time that the
developer designates the responsibility to the property owners' association.
Responsibilities must be accepted by the homeowners association as specified in
the homeowner covenants for said subdivision. The private roads in said
subdivision are to be constructed in accordance with Section 52-4 of the New
Hanover County Subdivision Ordinance and all applicable County Codes which
includes the design, installation, inspection, and approval by a licensed
Professional Engineer(PE)recognized in the State of North Carolina prior to final
plat approval for all or a portion of the subdivision. If all or a portion of the road
infrastructure system within the subdivision is bonded through a surety,
performance bond, or cash escrow, no bond shall be released until all road
construction improvements are complete and certified by the Professional
Engineer
It shall be disclosed to the prospective buyer of a lot or lots within the subdivision
that road maintenance shall run through the property owners association in
perpetuity after acceptance from the developer until such time that the roads are
re-platted as publically designated roads and taken over for maintenance through
the North Carolina Department of Transportation (NCDOT) or appropriate
governing authority
Developer's Name Date
A-383 Pagel of 2
M) Private Roads Certification
I (we)hereby certify that all private roads as depicted on subdivision plat
have been designed, installed, inspected,
and approved in accordance with Section 52-4 of the New Hanover County
Subdivision Ordinance and all applicable New Hanover County Codes prior to
final plat approval for all or a portion of the subdivision.
By certifying the construction of these roads as private there are no guarantees or
assurances of acceptance of said roads by the North Carolina Department of
Transportation.
Certified Professional Engineer Date
Seal
Section 2 Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 3 This ordinance is adopted in the interest of public health,safety,morals and general
welfare of the inhabitants of the County of New Hanover,North Carolina, and shall be in full force
and effect from and after its adoption.
Adopted the 4th day of January 2010
�yNTY Jason R. Thomps , Chairman
GO
Y Attest.
.l o
�'�TAlii ItiNfp�
Sheila L. Schult, Clerk to the Board
A-383 Page 2 of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE SUITE 175 WILMINGTON, NC 28403
r > (910)798-7149 (910)798-7145FAX WWW.NiiCGOV.COM
N
Jason R.Thompson,Chairman Jonathan Barfield,Jr Vice-Chairman
d Robert G.Greer Commissioner William A.Caster Commissioner Ted Davis,Jr Commissioner
Sheila L.Schult,Clerk to the Board
Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book OX-111L OX-111L PageD 4-
RESOLUTION
DESIGNATING RECOVERY ZONE
WHEREAS,the American Recovery and Reinvestment Act of 2009(Pub L.No 1115-5)("ARRA")modifies
the Internal Revenue Code of 1986, as amended (the"Code")to authorize, among others,two new types of
bonds entitled"recovery zone economic development bonds"and "recovery zone facility bonds", and
WHEREAS,"recovery zone economic development bonds"are a subcategory of taxable build America bonds
(as defined in Section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as
Section 140OU-2 of the Code, the proceeds of which are to be used for qualified economic development
purposes in a recovery zone; and
WHEREAS, qualified economic development purposes include expenditures for the purpose of promoting
development or other economic activity in a recovery zone,including capital expenditures for property located
in the zone or expenditures for public infrastructure and construction of public facilities in the zone, and
WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds entitled
"recovery zone facility bonds" in Sections 140OU-1 and 140OU-3 of the Code to finance construction,
renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery
zone,with"qualified business"defined to include any trade or business other than residential rental property
and certain prohibited uses outlined in the Code; and
WHEREAS, sections 1440U-2 through 14000-3 of the Code,and related Notice 2009-50 issued by the U S
Treasury Department(collectively,the"Recovery Zone Act")define a recovery zone as any area designated by
the County as an area of significant poverty,unemployment,rate of home foreclosure,or general distress,and
WHEREAS,the County has determined that the County has experienced significant unemployment due to an
increase in unemployment since June 2008, and
WHEREAS,the County has determined that it is in the best interest of the County and its citizens to designate
the County limits as a"recovery zone"for purposes of the Recovery Zone Act.
NOW, THEREFORE, BE IT RESOLVED,by the New Hanover County Board of Commissioners that:
1 The County hereby finds that there is significant unemployment in New Hanover County, and therefore
hereby designates the County of New Hanover County as a recovery zone for purposes of the Recovery Zone
Act; and
2 The officers of the County are hereby authorized and directed to take all actions as may be required in
furtherance of the designation of the recovery zone
ADOPTED this the 4th day of January, 2010 TA 7"'�n UNTY
�NTY � -
cG0
hairm an
lot
3 'z 1 Sheila L Schult, Clerk to the Board
2 � /
�Srta�.is��ty,
o f NEW HANOVER COUNTY BOARD OF COMMISSIONERS
i 230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403
r
(,910)798-7149 (910) 798-7145FAX WWW.NHCGOV COM
Jason R.Thompson,Chairman Jonathan Barfield,Jr.,Vice-Chairman
l Robert G.Greer Commissioner William A.Caster,Commissioner Ted Davis,Jr Commissioner
Sheila L.Schult,Clerk to the Board Exhibit
Book X&L111 Page l• /D
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AUTHORIZING THE APPROPRIATE COUNTY OFFICERS TO FILE A REQUEST FOR
REALLOCATION OF RECOVERY ZONE ECONOMIC BOND ALLOCATION
WHEREAS the American Recovery and Reinvestment Act of 2009(Pub L.No 1115-5)("ARRA")modifies
the Internal Revenue Code of 1986, as amended (the"Code")to authorize, among others,two new types of
bonds entitled"recovery zone economic development bonds"and"recovery zone facility bonds", and
WHEREAS,"recovery zone economic development bonds"are a subcategory of taxable build America bonds
(as defined in Section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as
Section 140OU-2 of the Code, the proceeds of which are to be used for qualified economic development
purposes in a recovery zone; and
WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds entitled
"recovery zone facility bonds" in Sections 140OU-1 and 140OU-3 of the Code to finance construction,
renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery
zone,with"qualified business"defined to include any trade or business other than residential rental property
and certain prohibited uses outlined in the Code; and
WHEREAS,NCAC Chapter 01, Subchapter 01H Section 0400- 0404 established procedures for recovery
zone bonds allowing a recipient at any time to request for reallocation, and
WHEREAS, the County has a project to construct an administration building for Southeastern Center for
Mental Health at an estimated cost of$6,000,000
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that:
1 The County is requesting an allocation of Recovery Zone Economic Bonds in the amount of$6,000,000,
and
2 The officers of the County are hereby authorized and directed to take all action as maybe required in filing a
Request for Reallocation of the Recovery Zone Economic Bond Allocation.
ADOPTED this the 4th day of January, 2010
Lo�N aY•��� NE HA ER TY
o _ �
ason R Thompson, Chairman
.� >z
y� ATTEST
�stA41,IS�;k4
Sheila L. Schult, Clerk to the Board