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2010-12-06 RM Exhibits • Exhibit ; Y j Book t I Pa g e 3, a =' NEW HANOVER COUNTY { _ BOARD OF COMMISSIONERS Oath of Off• � I ice I, Brian M. Berger, do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the = y, Constitution and laws of North Carolina not inconsistent r �� therewith, and that I will faithfully discharge the duties of my - office as County Commissioner of New Hanover County, so help me God. i - f . E � BRIAN M. BERGER ' I ' Ii Sworn to and subscribed before me this Sixth day of D er, 2010 i CAROLY01. JUSTICE i North Carolina ' - House of Representatives District 16 , L J • a -a Exhibit Book Z(Z(X_If I,Page 3 j 1`IEW HANOVER COUNTY BOARD OF COMMISSIONERS i I Y o0 ice } Oath }' �� I, Richard G. Catlin, do solemnly swear that I will support and F3rt° { maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent "'` a therewith, and that I will faithfully discharge the duties of my as office County Commissioner of New Hanover County, so help me God. "' I a f% RICHARD G. CATLIN Sworn to and subscribed before me this � ���?•+ Sixth day of December, 2010 - / �' nu SANDRA RAY C NER m ? North Carolina District Court judge p` + Fifth District � _"�_ .��.;,j) s Exhibit Book )Q(K I Pan z= f NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING A CODE OF ETHICS WHEREAS, G.S. 160A-86 requires local governing Boards to adopt a code of ethics; and 3 WHEREAS, New Hanover County citizens deserve to be served by public officials who maintain the highest ethical standards; and g WHEREAS, the stability and proper operation of democratic representative government depends upon public confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens upon their elected officials; and WHEREAS, Board members must act in a manner that maintains their integrity and independence and be responsive to the interests and needs of those they represent- and k WHEREAS, Board members must know how to distinguish among their various roles, to determine when each role is appropriate, and to act accordingly: 1. As advocates, who strive to advance the legitimate needs of their citizens. 2. As legislators, who balance the public interest and private rights in considering and enacting ordinances and resolutions, and 3. As fair and impartial decision-makers, when making quasi-judicial and administrative determinations. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the following Code of Ethics to guide the Board of County Commissioners in its decision-making. The Board of Commissioners directs all County boards and committees to respect and abide by this Code of Ethics in the performance of their duties. CODE OF ETHICS Purpose. g The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County Commissioners. It should not be considered a substitute for the law or for a Board member's best judgment. Section 1. A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the law should guide their actions. Board members should feel free to assert policy positions and opinions without fear of reprisal from fellow Board members or citizens. B. Board members should endeavor to keep themselves current, through the County Attorney and other sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar in order to meet their legal responsibilities. C. Board members shall comply with G.S. 160A-87 in receiving two clock hours of ethics education within twelve months of each election or appointment to office. Section 2. Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors that are consistent with this standard are: A. Behaving consistently and with respect towards everyone with whom they interact. f B. Exhibiting trustworthiness. C. Living as if they are on duty as elected officials regardless of where they are or what they are doing. D. Using their best independent judgment to pursue the common good, while being able to consider the opinions of others,presenting their opinions to all in a forthright manner. E. Remaining incorruptible, self-governing, and not subject to improper influence. F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the quasi-judicial proceedings. G. Treating other Board members and the public with respect, and honoring the opinions of others even when they disagree. H. Being careful not to reach conclusions on issues until all sides have been heard. I. Recognizing that individual Board members are not generally allowed to act on behalf of the Board, but may only do so if the Board specifically so authorizes because the Board must take official action as a body. Section 3. Board members should be faithful in the performance of the duties of their office. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information that is properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full accountability from those over whom the Board has authority. Section 4. Elected members of local governing Boards should conduct the affairs of their Boards in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing so is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that the records of their local government belong to the public. A climate of openness is to be maintained at all times. They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and that such sessions do not stray from the purposes for which they are called. Section 5. This Code of Ethics shall be effective upon adoption,unless modified,amended, or repealed. ADOPTED this the 6t'day of December,2010. NEW HANOVER COUNTY OvNTY.� na an B eld, , Chairman o � o EST: •F'�ABLISHE���• Sheila L. Schult, Clerk to the Board 9 Exhibit s Book„ 111 Page i i NEW HANOVER COUNTY BOARD OF COMMISSIONERS i 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 I 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 Board of County 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 6`' day of December, 2010. s NEW HANOVER COUNTY \)r1TY.^ o athan ar i r , Chairman O 2 ATTEST: ti a i IILI v i Sheila L. 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I 1 ` LL a `t d c d d = p a► G1 C .fO, N v c ti O ri S N A U p M p i0 u O p p 10 O r4 CO O m U p O m u ¢( W, Ln 2 d d C c d H c 0_ d N C r vL c N t c } = a, a o o d v v ; o d ,o .� c 1a, �, ~ tw « t'i c �' � � 0 c c 6 z U' a s u 3 0' u n, L a a u 3 0' t llRt)[r, 1 I; 'r .✓ Vie' e k Jai i AGENDA: December 6,2010 Exhibit 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book /)9(//[Page�3•S 4 AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET r BY BUDGET AMENDMENT 11-111 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-111 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: R • Fund: General Fund Department: Emergency Management&911 Communications Expenditure: Decrease Increase Emergency Mana ement&911 Communications: Contract Services $5,941 Total $5,941 Revenue: Decrease Increase Emergency Mana ement&911 Communications: Grant—Federal—North Carolina Emergency Mgmt. $5,941 k Total $5,941 Section 2: Explanation The New Hanover County Emergency Management received $5,941 from the North Carolina Emergency Management, as part of the Homeland Security Grant Program, to subcontract Cape Fear Community 1 College for training needs of the County.No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. r NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11-111, amending the annual budget ordinance for the fiscal year en 'ng June 30,2011, is adopted. Adopted,this day of ,2010. i GovNTy. (S L)do O A r). p E �o a� nathan B Me .Jr airman • q i SH � 1 Sheila L. Schult,Clerk to the Board r I a i 4 y r i --°�°- - Exhibit t Book2a/I I Page z= h AGENDA: December 6,2010 { NEW HANOVER COUNTY BOARD OF COMMISSIONERS x AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-114 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-114 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management&911 Communications Expenditure: Decrease Increase Emergency Management&911 Communications: Safety Equipment $45,000 Total $45,000 Revenue: Decrease Increase Emergency Mana ement&911 Communications: Grant—Federal—North Carolina Emergency M mt. $45,000 Total $45,000 Section 2: Explanation New Hanover County Emergency Management received a $45,000 grant from the North Carolina Emergency Management, Department of Crime Control and Public Safety, to be applied towards safety equipment for the Urban Search and Rescue(USAR)Team.No County matching funds are 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 11-114, amending the annual budget ordinance for the fiscal year en 'ng June 30,2011, is adopted. Adopted,this day of 1 ,2010. OVNTY.N AL O��y O � O J a Bar fiel ,C an Sheila L. Schult,Clerk to the Board AGENDA: December 6,2010 i NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDG&ok .U1, i pagB C- ''= BY BUDGET AMENDMENT 11-115 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-115 be made to the annual budget ordinance for the y fiscal year ending June 30,2011. t Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Women's Preventive Health Expenditure: Decrease Increase Health/Women's Preventive Health: Supplies $8,344 z Total $8,344 a Revenue: Decrease Increase Health/Women's Preventive Health: x Grant—State—NC Department of Health and Human Services $8,344 Total $8,344 Section 2: Explanation To budget a grant award of $8,344 received from the North Carolina Department of Health and Human Services, Division of Public Health, to be used for Long-acting reversible contraceptives. No new positions will be created and no County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. `F NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 11-115, amending the annual budget ordinance for the fiscal year en ing June 30,2011, is adopted. s Adopted,this J�day of ,2010. '= 0 . G � aO �\ p Jonathan B J , h_airman a y •f�ABL' E � ` i t Sheila L. Schult,Cle to the oard l ti : s 3 5 Exhibit Book X I H Page AGENDA: December 6,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11-116 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-116 be made to the annual budget ordinance for the fiscal year ending June 30,2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/H1N1 Planning/111N1 Implementation Expenditure: Decrease Increase Health/HINI Planning: Salaries and Wages $16,000 Health/H1N1 Implementation: Salaries and Wages 3,350 Temporary Salaries 30,000 Overtime Pay 1,650 Contract Services 23,000 Supplies 6,000 Total $80,000 Revenue: Decrease Increase Health/H 1N 1 Planning: Grant—State—NC Public Health Preparedness and Response $16,000 Health/H1N1 Implementation: Grant—State—NC Public Health Preparedness and 64,000 Response Total $@07000 Section 2: Explanation The New Hanover County Health Department has received an award of$80,000 from the North Carolina Office of Public Health Preparedness and Response for H1N1 planning and implementation. These funds will assist with expenses for implementation of influenza clinics. Funds will be used for temporary staff and overtime costs associated with vaccine administration, including costs for logistical and administrative activities, dispensing and distribution of antiviral drugs and other miscellaneous costs. No matching County funds are required and no new positions are requested. 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 11-116, amending the annual budget ordinance for the'fiscal year end June 30,2011,is adopted. Adopted,this l4 day of ,2010. G; } �O,P O F ��• onathan d, hairman 8 ei a L. Schult,Clerk She oard a '# s NEW HANOVER COUNTY BOARD OF COMMISSIONERS j Exhibit 1 4 RESOLUTION Book A I Page 3 i SUPPORTING THE CONSIDERATION OF AIRLIE ROAD FOR THE NORTH CAROLINA SCENIC BYWAY DESIGNATION WHEREAS, the Wilmington Metropolitan Planning Organization is interested in designating Airlie Road in the City of Wilmington and New Hanover County as a North Carolina scenic byway. The scenic byway designation recognizes roadways for their archaeological, cultural, historic, natural, recreational, and/or scenic qualities. Airlie Road exhibits several of these intrinsic qualities; and WHEREAS, the Airlie Road Scenic Byway is proposed to begin at the intersection of Wrightsville Avenue (SR 1411), Oleander Drive/Military Cutoff Road (U.S. Highway 76) and Airlie Road, extending southeast beneath a historic tree canopy for 0.9 mile. Airlie Road emerges from the canopy in a sweeping 90-degree turn to the north for 0.1 mile and continues along the Atlantic Intracoastal Waterway for 0.5 mile. The proposed byway ends at Wrightsville Avenue (U.S. Highway 74/76, SR 1411) just west of the # Heide-Trask Drawbridge that leads to Wrightsville Beach over the Atlantic Intracoastal Waterway. Total length of the proposed Airlie Road Scenic Byway is 1.5 miles. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of i Commissioners supports the consideration of Airlie Road in Wilmington, New Hanover County for the North Carolina Scenic Byway designation. � I i ADOPTED this the 6t'day of December, 2010. i NEW HANOVER COUNTY I � G�uN4Y.�o j hairman ATTEST: •E'TABLI SHEO�• � i Sheila L. Schult, Clerk to the Board i AGENDA: December 6,2010 Exhibit 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book X Page AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT I1-108 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11-108 be made to the annual budget ordinance for the fiscal year ending June 30,2011. t Section 1: Details of Budget Amendment: Fund: General Fund and Emergency Telephone System Fund Department: Emergency Management& 911 Communications,Finance/Debt Service Expenditure: Decrease Increase General Fund: Emergency Mana ement&911 Communications: Contract Services $10,248 Supplies 68,515 Capital Outlay—Computer&Other 61,108 Capital Outlay-Equipment 1,093,923 Finance/Debt Service: Installment Lease Payments 470,928 Total $1,704,722 Revenue: Decrease Increase General Fund: Emergency Management&911 Communications: Transfers in Special Revenue Fund $1,704,722 Total $1,704,722 Expenditure: Decrease Increase Emergency Telephone System Fund—Article 3: I Contract Services $1,440 M&R Buildings&Grounds 30,000 Supplies 96,905 Capital Outlay—Computer&Other 302,380 Capital Outla -Equipment 247,600 ! Transfers to General Fund 1,704,722 Total $2,383,047 Revenue: Decrease Increase ' Emergency Telephone System Fund—Article 3: f Appropriated Fund Balance $1,900,561 f 911 Surcharge 482,486 Total $2,383,047 Section 2:Explanation To budget 50%of Emergency Telephone System Fund-Fund Balance as permitted by recent legislation to purchase public safety needs, and to budget surcharge funds to upgrade system equipment. Prior to actions j is taken at this Board of County Commissioners meeting, the Appropriated Fund Balance in the Emergency Telephone System Fund is$2,298,507. F The state requires all items purchased under the more flexible one time guidelines to be expended from the Emergency Telephone System Fund. b 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 /GpuNF er County,North Carolina, that the Ordinance for Budget Amendment 11-108, amending the annual s bu rdinance for the fis.ral year end June 30,2011, is adopted. g O dopted,this _day of �etv� � ,2010. LO ti nathan 11 hairman T: s F Shei a . Sc ult,Clerk to a oar Exhibit Book. XW�1 page z t AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY, NORTH CAROLINA s ADOPTED FEBRUARY 17, 1969 CASE: A-387, 09/10 3 C V f 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: a i Make the following changes to the subdivision regulations: (Remove language struck through and add language in red.) ARTICLE II: DEFINITIONS AND INTERPRETATIONS Section 20 Definitions f For the purpose of this ordinance the following terms have been defined: 6 100 Year Flood Area - The area of 100 years flood inundation as shown on New j Hanover County's Official Flood Insurance Maps, as amended. x ; 100 Year Coastal Hazard V Zone Area - The area of 100 year coastal flood inundation with high velocity waters and hurricane action as shown on New Hanover County's Official Flood Insurance Maps, as amended. AUff A right of way intended p i ar-ily for- meter-N,�eles, whieh euts aer-oss -a , Barrier Islands - Any land formation composed of unconsolidated materials lying on the ocean side of the mainland. Estuaries or wetlands separate the islands from the mainland. ; Block-A parcel of land, which is entirely surrounded by public streets, highways, i railroad rights-of-way, parks or green strips, rural land or drainage channels, or a combination thereof. T � Building Setback Line - A line parallel to the property lines in front of which no structure shall-be built. i Corner Lot- A lot abutting two or more streets at a street intersection. I A-387(09/10) Page 1 of 12 i i i 1 f. CounterEngine er - A professional Engineer, registered in the State of North Carolina, employed by the County Board of Commissioners to provide engineering services to New Hanover County. Developer or Subdivider - Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. Double or Reverse Frontage Lot: n-eentinuou (t of of same depth as from A continuous interior lot with frontage on two parallel or approximately parallel streets other than alleys. Easement: A grant by the property owner for use, by the public, a corporation or person of a strip of land for specific purposes. Group Development: A group of two or more principal structures built on a single lot, tract, or parcel of land and designed for occupancy by separate families, firms, businesses, or other enterprises. Letter of Credit and Cash Security - A letter of credit or other instrument readily convertible into cash at face value, deposited either with the County or in escrow with an escrow agent acceptable to the County. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Director of Engineer Services an agreement between the escrow agent and the subdivider guaranteeing the following: (1) that said escrow account shall be held in trust until released by the County as provided herein and may not be used or pledged by the subdivider in any other matter during the term of escrow; and (2) that in the case of failure on the part of the subdivider to complete the required improvements, the escrow agent shall, upon notification by the County and submission by the County to the escrow agent of an engineer's estimate of the amount needed to complete the required improvements, immediately either pay to the County the funds estimated to complete the required improvements, up to the full balance of the escrow account, or deliver to the County any other instruments fully endorsed or otherwise made payable in full to the County(10/07). Lot - A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development, or both. The word lot also includes the words "plot" and "parcel". Official Map or Plans - Any maps, plans, charts, or texts officially adopted by the County Board of Commissioners for the development of New Hanover County. -- - - -- _- Performance Bond - A performance bond from a surety financial guarantee company authorized to do business in North Carolina, made issued or made A-387 (09/10) Page 2 of 12 c . I 1 Ili F payable to New Hanover County. The performance bond shall be in a form reasonably acceptable to the County(10/07). 4 Plans, Constructions - Plan, profile, and detail drawings sufficient to indicate the construction of all improvements associated with the property to be subdivided, prepared by a professional, legally recognized by a State of North Carolina licensing board as being licensed to perform such activities or undertakings. j (1102) s s Plat - Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land which is to be, or which has been subdivided. 9 Plat, Preliminary- A map of proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land. i i Plat, Final - A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land required by this ordinance. j i Streets ^ l 1 t,-.,f f <.h e ,1 ,l' b ;. �r-rr�-rt-6�-�'b'-�f6��'�'cm-ar-crurrrcQic^ict£�--c6-�ccorr�^vr i Str-eetq- shall be el. ssi fie l as ene of the following: I Y i f LANGUAGE TO BE MODIFIED IN RED Roads/Streets—A right-of-way with infrastructure for vehicular movement which is designed, dedicated, and constructed for public or private use to a standard commensurate with its function. The functional classifications of roads/streets are as follows: Arterial: Arterial road systems provide a higher speed, high volume network for travel between two points of interest. The design covers a broader range of roadways, from two lane to multi lane, and is oriented more toward efficient t mobility rather than property access. Example: Market Street, College Road �tmet� stream way of eensiderabl�eentinuit , desi ne a ' A-387 (09/10) Page 3 of 12 J } E n.■.F, as a eenneeting link bet,,veen two (2) pfimar-y of after-ial streets. Gelleetef Streets. Streets whieh eafr-y tr-affie 4em minor- stfeets to the system 0 majef stfeets (primary and/of aAer-ial st-Feets). Residential eelleetaf roads are- -defined by the-N. G. Department of Tfanspeftation's Minimum r t t' et a s as amended. (a) Dead E-nd Reads The-se readq ai-e mere than 2500feet in length, epen at one e „ t„ t; (b) rof -*'---p e-ads - The reader whieh serve as the .,a system between othef r-eads within the subdivision and the thofoughfa e system. -1 Loop-$ends A read that 1 its beginning . , , . - „to is on the same it ' fRefe tl, '1 iffl-1 .,+b, .,.,.1 has eelleetef..1,.mete fisties efl_e b 11 II tl+.,,-.,,,g fafe system. Collector: Collectors serve a dual purpose, collecting traffic for movement between arterial and local streets and providing limited access to abutting properties. These streets not only serve traffic movements between arterials and local streets, but through traffic within local areas. Collector streets are public facilities that are free of gates or other obstructions. Collector streets shall intersect with existing or planned collector or arterial streets. Driveway cuts serving individual property are discouraged and shall be minimized. Collector streets include sidewalks on one or both sides of the travelway and often include bicycle facilities such as bike lanes or off-road multi-use paths. Example: Torchwood Blvd, Bayfield Drive majeF tfaffie generators and are fiiFther- defined by the N.C. DepaAment of T-Fanspeftation's S4diNiSion Genstfue4ien Standards as amended (a) rGul-de saps---These-ar , �� let-R. K limited r �o r ititr Cul-de-sac: A street open at one end that is planned, constructed, and operated for the sole purpose of property access. Cul-de-sacs shall include a turnaround at the closed end of the street to permit reverse direction In the interest o public-service------ delivery response, the total length of a cul-de-sac shall be minimized. Example: Amelia Court (b) Dead End Reads These are feads less than 2500 fiaet in length, open at one e A-387 (09/10) Page 4 of 12 i only without speeial pr-ovisions f6f turning around and have no eolleeto i ehar-aeter-i sties. (e) cb, ,-t r ti Roads These r-oads o no all e b,loek long of e amend on block by bleek basis and have no eelleetor- ehar-aetefisties. (d) Loop Roads A road that has its begipming and ending points on the safne r-o it is less than one mile in leng4h and has no eoileetof ehafaetefisties. '3 x generators and do not b, e "eolleCter-"a ar-aetefisties. These • elude f a4 3 'a , 3 trE i Alley: Alleys provide side or rear access to individual parcels that front on a 3 higher order street. They are characterized by narrow right-of-way and travelway I widths to accommodate passenger vehicles and residential services at slow I speeds. Alleys generally connect at both ends to local or collector streets. In some instances, dead end alleys are permissible with a vehicle turnaround at the terminus of the travelway. No permanent parking is allowed. Alley example: Loring Alley Local: Local streets provide access to parcels and may be planned, constructed, and operated for the function of property access and limited through traffic. Traffic volumes are largely short trips or a relatively small part of longer trips where local streets connect with major streets or highways of higher E classifications. Street example: Mallow Road i Street Stubs: A dedicated right- of- way that.abuts undeveloped property for the purpose of allowing future access, connectivity, or to logically extend the street system into the surrounding area. All street stubs designated as public or private shall be paved to the property line in order to be counted toward the road connectivity requirements. Temporary access bulbs to facilitate adequate turnaround consisting of an all weathered surface may be required. Wings of bulb shall be removed when adjoining land is developed. No gates or obstructions will be permitted. However, adequate signage installed by the developer to warn a motorists of dead end shall be required. Sight Distance: Area at intersecting street that establishes a clear line of sight for i a waiting vehicle to see oncoming traffic and make turning movements into or out of street or driveway safely or for traffic to see entering or waiting vehicles. 8 I Plaza Area: An area adjacent to the roadway which serves as a physical barrier to - direct-the flow of traffic and to separate -Highway traffic from the activity on - - private property. A-387 (09/10) Page 5 of 12 i i; Section 41-1 Specific Requirements 7) Streets (a) Local Miner streets shall be laid out so that their use by through traffic will be discouraged. (b) All streets shall be designated to be either public or private in accordance 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. (c) When a planned subdivision is adjacent to an arterial or �y street, a marginal access street may be required to provide access for lots fronting on the arterial or primary street. (i) Public Street Projections Where there are lots fronting street projections to adjacent properties and services are required, a temporary turnaround shall be constructed at the end of the street at the property line, said turnaround to be constructed in accordance with NCDOT Specifications 1. Where there are no lots fronting street projections to adjacent properties frontage, the frontage being more or less one side lot length, the street may be constructed to the property line and dead-ended with no cul-de-sac required in accordance with NCDOT Specifications 2. The Cetmty sha4l r-esenre the right to require or- not to nstfuetien of all or- paft of sueh street PF-Ojee____n__s a-4 3. In any and all cases, the developer shall be responsible for the cost of and placement of all required dead-end barricades and signs . 4. Additional rights-of-way needed for a temporary turnaround at the end of the street projections to adjacent properties shall be in the form of temporary easements or rights-of-way reserved by the subdivider. It is the intention that upon extension of the street into the adjacent property the requirement for a cul-de-sac will cease and that the temporary right-of-way granted for the cul-de-sac ---_-_-�------ ----------_-.---- construction will revert to-the-a j acent property owner. _----_-----__--__-_-- 5. Street projections proposed for access to adjacent properties shall have temporary turnarounds installed in accordance with this chapter and NCDOT Specifications. A-387 (09/10) Page 6 of 12 i Section 52-4 Streets (Total Re-write of Section) All streets shall be constructed, inspected, and approved in accordance with the following requirements. (05/02/88) 1) Construction — All street right-of-way segments designated as public or private shall be j constructed to minimum North Carolina Department of Transportation (NCDOT) s standards. These standards are available for review at the New Hanover County Planning and Inspections Department, County Engineering Department , and at the Division Office of the NC Department of Transportation. Public Streets: ! (A) Standards shall include drainage, bridge, right-of-way, and pavement design. (B) The classification and as a result, the construction standards for a public street segment may be upgraded to a higher classification if that street segment will Feventually be required to provide access to or collect traffic from future development on adjacent properties. ! (C)All public streets shall be inspected and approved by the District Engineer, i NC Department of Transportation, Division of Highways. Private Streets: (A)Streets designated as private shall be constructed to minimum construction standards as adopted by New Hanover County and certified by a Licensed Professional Engineer (PE) recognized in the State of North Carolina. *Recommended language by Planning Board:* (A)Streets designated as private shall be constructed to minimum construction Standards as adopted by New Hanover County and certified by a professional legally recognized by a State of North Carolina licensing board as being licensed to perform such activities or undertakings. (B)Pavement design shall meet the requirements as specified and shown in the road profiles depicted in Article VIII of the County's Subdivision Regulations under Appendices & Certificates. (C) Streets designated as private may be allowed in subdivisions once they are reviewed and approved by the County's Technical Review Committee (TRC). In their review, the TRC will consider unique physical conditions of the property including but not limited to connectivity, topography, geometric design, storm water, tree preservation, ingress and egress, reduction of speed to desirable or safe levels and other safety measures and that sufficient language is provided through a legally established property owner's association that the streets will be properly maintained. (D)Whenever a private street intersects a U.S., NC highway, or Secondary Road, an approved NCDOT Driveway Permit signed by the District Engineer will be j required prior to final plat approval. , A-387 (09/10) Page 7 of 12 3 R 3 (E) Private road stubs and dead end streets shall be constructed/paved to the property boundary and shall not contain gates or obstructions to qualify for connectivity standards as stated in Section 41-1 (7)(f). (F) Streets designed as collector roads that accept traffic from local streets will be required to be designated as public and adhere to the standards under public streets as noted above. Private Road Construction Standards Matrix Table for Road ROW Specifications, General Standards, and Road Profiles located in Article VII: Appendices & Certificates of this Ordinance. ROAD DESIGN STANDARDS Alley Cul-de- Local Collector sac ROW (R) 20 45 45 50 Travelway Width(W) 18 22 24 26 Minimum Horizontal Centerline Radius 55 100 100 200 Minimum Edgeline Radius at Corners N/A 15 25 30 Pavement Design Standard (NCDOT) Local Local Local Collector General Standards: Minimum Offset Between Centerlines of 200 Intersections Tangent Length Between Horizontal Curves 100 Maximum Cul-de-sac Length 500' Plaza Width(between back of curb and sidewalk) 5' Sight Distance Triangle at Intersections 10'x70' A-387 (09/10) Page 8 of 12 • I I i 3 i Crown w/Vertical or Header Curb I RNV Sidewalk plaza Header Curb 5 b'min W �(I-xl1 Vertical Curb 'wsl M.4 C% k JI -3 I 79" i 4"Topsoil i Seed and Stabilize NCDOT Standard Pavement Design I Crown wl Valley or Slope Curb s R/W { Valley Curb I Sidewalk plaza Slope Curb 4 IT 5'min W "t .2%Slime SW SL—2 k 41.. 3 4°To7.7 :r Seed abilize NCDOT Standard Pavement Design 1 'a r '= Superelevated RNV a t Any Standard Curb Sidewalk Plaza Plaza Swalas f r Header 5' 5'min W 5'min Curt De4ign { J1 ++ 'q I -1 j a NCDOT Standard Pavement Design a i Notes: 1. Lane width (W) and Right-of-way width (RM) as given in the Subdivision Ordinance (Table???) 2. All concrete to be 3000 psi. i 3. Use NCDOT Subdivision Manual for minimum pavement design. 4. Use the standard NCDOT Curb Details. 5. Use the standard NCDOT Handicap Ramp Detail REVISIONS `�WTV.M1 REV DESCRIPTION DATE APPROVED DA ' Private Street Section 02=110 Standard Detail NONE ! '„,.�•.a,+<. nail+an -NEW HANOVER COUNTY,NORTH'CAROtiNA __.f2EV:_. ENGINEERING DEPARTMENT 03104/10 J.I nucel 230 GOVERNMENT CENTER DRIVE,SUITE 160 -a WILMINGTON.NC 26403 SHEET NO: PRO,r�Cr Nn -. OFFICE:(910)79 8-7139 FAX:(910)79&7061 A-387 (09/10) Page 9 of 12 � l i E m - - Any Approved Curb Circular $, mm / -R=15'min Circular Offset AlaS oo ti \ / Any Approved Curb REVISIONS Nn• REV DESCRIPTION DATEJAPPROVED �s ~�*s Residential 0210 Cul-de-sac Monte . Standard detail MAW W. ENGINEERING DEPARTMENT 0310410 � 230 GOVERNMENT CENTER DRIVE,SURE 160 SHEET NO: !eR WILMINGTON,NC 28408 OFFICE-(W)798-7189 FAX,(910)798.7061 A-387 (09/10) Page 10 of 12 N 2 t 5 4 W :3 I Rc?0, i 1 de alk Handicap 'a Ramp 3 i i y I j Si w Ik I I i Hend%cap Ramp t 60, i W REVISIONS REV DESCRIPTION DATE APPROVED o� *A1 Private Street 2MI0 { _ s Turnaround s 4 Standard Detail NEW"WINOVM--CWNW,-N0RTH-CAROLINA— CHECM ENGINEERING DEPARTMENT 08/04110 J.lannutxi 230 GOVERNMENT CENTER DRIVE,SUITE 160 SHEET NO: r No WtiAMNGTON,NO 26403 OFFICE(910)798-7139 FAX:(010)79 8-7061 i 'p A-387 (09/10) Page 11 of 12 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 6"' day of December 2010. Ur1TY. jJoh'an Barfiel , irman GO o Attest: o r 3�y ,a2 Sheila L. Schult, Clerk to the Board A-387 (09/10) Page 12 of 12 Exhibit Book XM( �Pa ,°I A rAehd A TECHNICAL CORRECTION OF 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-389(10/10) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. On December 6,2010, after proper hearing, the New Hanover County Commissioners adopted text amendment A-389. The amendment incorrectly duplicated numbering of the section of the ordinance to be located in Article VII. Therefore, this order corrects and amends the original order to properly cite the appropriate section of the ordinance as 72-41 rather than 72-40. 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: The following language shall be added to the Zoning Ordinance: Article II Definitions (add) Farmers Market : a collective enterprise selling directly to the public and operated under a unified set of management guidelines and restrictions, concentrated in a single location, and leasing or otherwise assigning spaces to growers/producers who personally sell fresh produce and related farm products locally grown off site. a Produce Stand: a single-vendor enterprise established to sell a variety of farm products directly to the public in a single location for one or several off site growers. i ARTICLE VI SUPPLEMENTARY STANDARDS Section 61-5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts Open lot sales of farm produce and related products may be allowed by right as a temporary use in all residential zoning districts when all of the following standards are met: (1) Sales are limited to a cumulative total of no more than 60 days per calendar year. (2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible products for temporary farmers markets or produce stands are fruits, vegetables, herbs, flowers, eggs,meats, seafood, cheese, baked goods,jellies and jams, honey, and handmade crafts, consistent with NC Food and Drug Protection Agency and the I Department of Agriculture, and all other federal, state and local laws relating to the production and selling of such goods. A minimum of 75%of the products displayed and j offered for sale must be directly linked to farm products, and documentation of how these j i standards will be met shall be specified on the submission for zoning approval. I A-389 Page 1 of 4 i r (3) The proposed time schedule and duration of the use must be specified on the submission for zoning approval. (4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers markets. (5) The site shall front on a collector or arterial roadway. (6) Approved NCDOT driveway permit is required. (7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety and minimize traffic impacts on surrounding areas. (8) Adequate solid waste disposal methods must be provided for vendors and customers (9) Only temporary signage shall be allowed for these temporary uses. A maximum of two (2) temporary signs shall be allowed on site to advertise for the market as a whole. a. Temporary signage consistent with the permit may be installed no more than 2 days prior to the start of market activities and shall be removed at the conclusion of operating hours. b. Individual signs shall not exceed 35 square feet in sign area.All permitted signs shall have a maximum height of 6 feet and shall be setback a minimum of 10 feet from any property line. c. Illumination of signage is prohibited. (10) Parking Requirements a. One (1)parking space is required for every eight hundred square feet(800) of gross market area. Except that a minimum of two spaces is required. Spaces shall meet the minimum size requirements as identified in New Hanover County Zoning Ordinance, Section 80-6: Off-Street Parking Design and Space Size. b. Parking shall be provide on the same site as the Farmers Market or produce stand, or may be located off site provided that it is within four hundred(400) feet of the main entrance of the market. If parking is provided off of the primary parcel then a written parking agreement between the responsible party and the parcel owner shall be provided prior to the issuance of any permit. Adequate and safe ingress and egress shall be provided by the Farmers Market Management or the property owner. C. All parking must occur in designated areas. No parking shall occur in any unimproved parking surfaces such as, but not limited to landscape parking islands,medians, or open/passive recreation space. (11) A site layout showing the proposed marketing area(vendor spaces, staging, sales and display areas, and customer promenades),parking, traffic circulation, lighting, waste disposal method, signage and other site amenities must be submitted for approval. (12) Tents or other shelters must meet fire safety codes and shall be disassembled after market hours of operation. Tents shall be located so that they will not interfere with the normal operations of any permanent use on the property. (13) The proposed location may not be part of designated recreation, open space or common area in an approved residential subdivision. A-389 Page 2 of 4 (14) Restroom facilities for the public maybe required for complaince with NC Building Code. (15) If structures are proposed or required, the plan shall be reviewed for compliance with the Americans with Disabilities Act and other building codes. (16) Live animals or birds shall not be sold or displayed. 17 No bands amplified music or other entertainment shall( ) p a be allowed. (18) No concessions for consumption on site and no cooking of products shall be allowed on the site. (19) No alcohol products shall be allowed. (20) Any proposal for a permanent farmers market or produce stand, and any temporary farmers market or produce stand proposing to exceed the standards or limitations outlined in this section may be allowed at the discretion of the Board of County Commissioners only upon issuance of a Special Use Permit under the terms and conditions outlined in Article VII of this ordinance. ARTICLE VII PROVISIONS FOR USES ALLOWED AS SPECIAL USES Section 72-41 Farmers Markets or Produce Stands in Residential Zoning Districts A Farmers Market or produce stand,whether enclosed in a structure(s) or proposed as open lot sales of farm produce, shall be allowed in residential zoning districts by special use permit when such use is proposed as a permanent enterprise; when the provisions and standards of Section 61- 5 or 61-6 of this ordinance are not met; or when goods or activities are proposed which do not conform to Section 61-5 or 61-6. In reviewing proposals, the Planning Board and the Board of County Commissioners shall review each application in accordance with the requirements of Section 71-1(3) and more particularly with regard to the following: 3 (1) The shape, the environmental characteristics, the width and the physical location of the property. (2) The inclusion of a safe and enforceable management plan for pedestrian and vehicular traffic, (including parking)both on the proposed site and along the adjacent roadway. (3) The extent to which all adjoining residential uses will be protected from imposition of artificial light, noise, dust, odors or debris generated by any and all of the proposed market uses. g (4) The inclusion of an adequate solid waste management plan to systematically remove ! discarded products and other debris. i (5) Assurances of the authenticity of farm products and arts and crafts and a listing of goods to be sold. (6) The extent to which the range of standards, goods or activities for the proposal meets or i deviates from those standards outlined in Section 61-5 or 61-6 of this ordinance, whichever applies. (7) For permanent signage, the proposal must meet the requirements of Article IX of this ordinance. Temporary signage shall be subject to the provisions of 61-5. A-389 Page 3 of 4 a I a (8) All structures or operations must comply with environmental health codes, fire codes and building codes, as applicable. Final approval or denial of any special use permit shall be made according to the judgment of the Board of County Commissioners. The Board may decide that the proposal as submitted will benefit the community without undue conflicts or that the proposal is not appropriate in the proposed location. If approved, the permit may be conditioned by the Board when, in its wisdom, additional conditions are necessary to mitigate specified negative impacts upon the community. 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 and reasonable and in the public interest. 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 21 st day of February, 2011. c co, NTY'N 4J07an B arfi C an O O 3 Attest: y� •E'?�115N �• Sheila L. Schult, Clerk to the Board A-389 Page 4 of 4 +j i Exhibit BookAY Xll page AN ORDINANCE OF THE COUNTY OF NEW HANOVER { AMENDING THE ZONING ORDINANCE OF j NEW HANOVER COUNTY,NORTH CAROLINA ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED A-389(10/10) j i THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: i 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: The following language shall be added to the Zoning Ordinance: Article II Definitions (add) Farmers Market : a collective enterprise selling directly to the public and operated under a unified set of management guidelines and restrictions, concentrated in a single location, and leasing or otherwise assigning spaces to growers/producers who personally sell fresh produce and related farm products locally grown off site. Produce Stand: a single-vendor enterprise established to sell a variety of farm products directly ,y to the public in a single location for one or several off site growers. ARTICLE VI SUPPLEMENTARY STANDARDS Section 61-5: Standards for Temporary Farmers Markets or Produce Stands in Residential Districts Open lot sales of farm produce and related products may be allowed by right as a temporary use { in all residential zoning districts when all of the following standards are met: (1) Sales are limited to a cumulative total of no more than 60 days per calendar year. (2) In the case of a Farmers Market, all vendors must be original producers of items for sale. Eligible products for temporary farmers markets or produce stands are fruits, vegetables, herbs,flowers, e gg s, meats seafood, cheese baked goods,J ellies and jams, honey, and i handmade crafts, consistent with NC Food and Drug Protection Agency and the Department of Agriculture, and all other federal, state and local laws relating to the production and selling of such goods. A minimum of 75% of the products displayed and offered for sale must be directly linked to farm products, and documentation of how these standards will be met shall be specified on the submission for zoning approval. (3) The proposed time schedule and duration of the use must be specified on the submission for zoning approval. (4) Minimum lot size shall be no less than 1 acre for produce stands and 2 acres for farmers 1 markets. (5) The site shall front on a collector or arterial roadway. (6) Approved NCDOT driveway permit is required. 4 A-389 Page 1 of 4 t 1 (7) Ingress, egress, circulation, and parking plans shall describe measure proposed to assure safety and minimize traffic impacts on surrounding areas. (8) Adequate solid waste disposal methods must be provided for vendors and customers (9) Only temporary signage shall be allowed for these temporary uses. A maximum of two (2) temporary signs shall be allowed on site to advertise for the market as a whole. a. Temporary signage consistent with the permit may be installed no more than 2 days prior to the start of market activities and shall be removed at the conclusion of operating hours. b. Individual signs shall not exceed 35 square feet in sign area. All permitted signs shall have a maximum height of 6 feet and shall be setback a minimum of 10 feet from any property line. c. Illumination of signage is prohibited. (10) Parking Requirements a. One (1)parking space is required for every eight hundred square feet(800) of gross market area. Except that a minimum of two spaces is required. Spaces shall meet the minimum size requirements as identified in New Hanover County Zoning Ordinance, Section 80-6: Off-Street Parking Design and Space Size. b. Parking shall be provide on the same site as the Farmers Market or produce stand, or may be located off site provided that it is within four hundred(400) feet of the main entrance of the market. If parking is provided off of the primary parcel then a written parking agreement between the responsible party and the parcel owner shall be provided prior to the issuance of any permit. Adequate and safe ingress and egress shall be provided by the Farmers Market Management or the property owner. C. All parking must occur in designated areas. No parking shall occur in any unimproved parking surfaces such as,but not limited to landscape parking islands,medians, or open/passive recreation space. (11) A site layout showing the proposed marketing area(vendor spaces, staging, sales and display areas, and customer promenades),parking, traffic circulation, lighting, waste disposal method, signage and other site amenities must be submitted for approval. (12) Tents or other shelters must meet fire safety codes and shall be disassembled after market hours of operation. Tents shall be located so that they will not interfere with the normal operations of any permanent use on the property. (13) The proposed location may not be part of designated recreation, open space or common area in an approved residential subdivision. (14) Restroom facilities for the public may be required for complaince with NC Building Code. _--__ --._------_._{1Sj----- If structures are proposed or required, the plan-shall--be-reviewed-for--compli-ante - with the Americans with Disabilities Act and other building codes. (16) Live animals or birds shall not be sold or displayed. (17) No bands, amplified music or other entertainment shall be allowed. A-389 Page 2 of 4 1 R x (18) No concessions for consumption on site and no cooking of products shall be allowed on the site. 1 (19) No alcohol products shall be allowed. i (20) Any proposal for a permanent fanners market or produce stand, and any temporary fanners market or produce stand proposing to exceed the standards or limitations outlined in this section may be allowed at the discretion of the Board of County Commissioners only upon issuance of a Special Use Permit under the terms and conditions outlined in Article VII of this ordinance. E F I ARTICLE VII PROVISIONS FOR USES ALLOWED AS SPECIAL USES Section 72-40 Farmers Markets or Produce Stands in Residential Zoning Districts A Farmers Market or produce stand, whether enclosed in a structure(s) or proposed as open lot j = sales of farm produce, shall be allowed in residential zoning districts by special use permit when # such use is proposed as a permanent enterprise; when the provisions and standards of Section 61- a 5 or 61-6 of this ordinance are not met; or when goods or activities are proposed which do not conform to Section 61-5 or 61-6. In reviewing proposals, the Planning Board and the Board of County Commissioners shall review each application in accordance with the requirements of k Section 71-1(3) and more particularly with regard to the following: i � (1) The shape, the environmental characteristics, the width and the physical location of the 'z property. j (2) The inclusion of a safe and enforceable management plan for pedestrian and vehicular traffic, (including parking)both on the proposed site and along the adjacent roadway. (3) The extent to which all adjoining residential uses will be protected from imposition of 3 artificial light, noise, dust, odors or debris generated by any and all of the proposed market uses. (4) The inclusion of an adequate solid waste management plan to systematically remove discarded products and other debris. (5) Assurances of the authenticity of farm products and arts and crafts and a listing of goods 4 to be sold. (6) The extent to which the range of standards, goods or activities for the proposal meets or deviates from those standards outlined in Section 61-5 or 61-6 of this ordinance, ! whichever applies. (7) For permanent signage, the proposal must meet the requirements of Article IX of this ordinance. Temporary signage shall be subject to the provisions of 61-5. (8) All structures or operations must comply with environmental health codes, fire codes and I building codes, as applicable. Final approval or denial of any special use permit shall be made according to the judgment of the j Board of County Commissioners. The Board may decide that the proposal as submitted will benefit the community without undue conflicts or that the proposal is not appropriate in the I A-389 Page 3 of 4 i ) proposed location. If approved, the permit may be conditioned by the Board when, in its wisdom, additional conditions are necessary to mitigate specified negative impacts upon the community. 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 and reasonable and in the public interest. 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 6th day of December, 2010. co�N+y'�o Jonathan Barf airman � 9 O 3�Z a2 Attest: ES ABLI5H6p�� Shei a L. Schult, Clerk to the Board A-389 Page 4 of 4 Exhibit .2-5. to Book XMI Page- STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY OF NEW HANOVER COUNTY COMMISSIONERS IN THE MATTER OF NAMING ORDER NEW JACK ROAD It appearing to the Board of County Commissioners of New Hanover County that el consideration has been given to the naming of New Jack Road located approximat y 2,170' East of the Masonboro Loop Road/Whipporwill Lane intersection, and recorded as a part of Tanglewood: Section I in Map Book 7, Page 29 in the New Hanover County Registry. A public hearing was held on Monday, December 6, 2010 at which time all persons were heard on the question of whether or not the official naming would be in the public interest; and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road; and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover County should be named and the naming of the same is in the public interest, the description of which is delineated on the attached map exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby officially named New Jack Road. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation tu and to any city within five (5) miles of said road in accordance with N.C. General Sta te 153A-239.1. Adopted this the 6th day of December 2010. 04TY. 0 than 4B64Chairman 3; 91 SO Sheiila�U§chillt, Clerk to Board Exhibit Book /11 Page STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF REASSIGNING STREET HOUSE NUMBERS ORDER NEW JACK ROAD It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the reassignment of new house numbers on New Jack s Road, a numerical range of 4600-4699. t WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles, and for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHEREAS, such a system will promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 6th day of December, 2010, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest, and it further appearing that notice of said hearing was prominently posted in at least two (2) locations along said street, that notice of the time, place and subject matter of the hearing was prominently posted at the Courthouse, and published in a newspaper of general circulation in the County. NOW, THEREFORE, it is ordained and decreed that the above House Number Assignment be made. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher r and to any city within five miles of said road in accordance with N.C. General Statute 153A-239.1. u Adopted this the 6 1h day of December, 2010. i G0VNTY.,��� e d, Jr.,Chairman I o C erk to the Board I a Zoning Book Section CA• Page AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED Jule 1, 1985 CASE: 2-907, 11/10 ' THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area Castle Ha}me is hereby amended by removing the hereinafter described 3.05 acre tract at 5200 Castle Hayne Road from the R-20 Residential District and placing it in a B-2 Business Highway Zoning District said lands being tax parcel number R01100-010-003-000 and described in the deed as follows: 1 COMMENCE at an N.C.G.S. monument "Castle" with N.C. Grid Coordinates N=219,898.8909, E=2,331,811.573 as shown on Map Book 34 Page 119, New s Hanover County Registry, thence from said N.C.G.S monument "Castle" south 06 degrees 38 minutes 50 seconds East a distance of 879.11 feet to a point located at northeast corner of Tract `B" as recorded at Map Book 34 Page 119 New Hanover County Registry; thence along and with the northern line of Tract`B"the following courses and distances: North 66 degrees 36 minutes 05 seconds West a distance of 156.72 feet to a point;thence North 66 degrees 21 minutes 07 seconds West a distance of 358.81 feet to a point located in the eastern R/W line of U.S. highway 117 (60' Public R/W) as shown on Map Book 34 Page 119, New Hanover County Registry; thence along and with the eastern R/W line of U.S. Highway 117 South 23 degrees 30 minutes 43 seconds West a distance of 228.51 feet to a point located at the northernmost corner of Tract"A"as recorded at Map Book 34 Page 119 New Hanover County Registry; said point being the Point of Beginning;thence from said Point of Beginning along and with the southern line of Tract`B"south 66 degrees 20 minutes 36 seconds East a distance of 731.77 feet to a point located in the western line of now or formerly Hutson&Neiber Tract as recorded at Book 1642 Page 902,New Hanover County Registry; thence along and with the western line of Hutson &Nieber Tract South 10 degrees 35 minutes 45 seconds West a distance of 176.90 feet to a point located in the northern line of the now or formerly Albert Carl Daniels Tract as recorded at Book 1450 Page 712,New Hanover County Registry; thence along and with the northern line of the Albert Carl Daniels Tract North 66 degrees 14 minutes 16 seconds West a distance of 372.24 feet to a point located at the easternmost corner of l the now or formerly James W. Buie, Jr. Tract as recorded at Book 1351 Page 1863, New Hanover County Registry;thence along and with the northern line of the James 1 ------_._W:-Bruie;Jr:-T-Tact-thefoliowing-courses and-distances:-North-66-degrees-1-9 minutes- 22 seconds West a distance of 203.95 feet to a point; thence North 77 degrees 21 minutes 13 seconds West a distance of 198.69 feet to a point located in the Eastern R/W line of U.S. Highway 117 (60' Public R/W) as shown on Map Book 34 Page Z-907 Page 1 l 1 1 119, New Hanover County Registry; thence along and with the eastern R/W line of U.S.Highway 117 North 23 degrees 30 minutes 43 seconds East a distance of 209.51 i feet to the Point of Beginning; containing 3.05 Acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area Castle Hayne on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent of such conflict, is hereby repealed. 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. t Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that this zoning map amendment of approximately 3.05 acres from B-2 Highway 1 1 Business and R-20 Residential districts to B-2 Highway Business district is: .x 1. Consistent with the purposes and intent of Policies in the 2006 CAMA Land Use 2 Plan relating to commercial uses within close proximity to the markets they serve and ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. The rezoning of this property would also be consistent with the Castle Hayne Plan, as the property is identified as commercial on the Castle Hayne Land Use map. 1 2. Reasonable and in the public interest to rezone 3.05 acres at 5200 Castle Hayne Road from R-20 Residential to B-2 Highway Business to allow a transition of land use from a low density residential district along an arterial roadway to B-2 Highway Business. � 1 A. i Adopted the 6t`day of December, 2010. GOUNTY.,�o J a B el , airman 1 i o Attest: 1 •f�ABLISHE���• Sheila L. Schult, Clerk to the Board Z-907 Page 2 :1 1