2010-12-06 RM Exhibits • Exhibit ;
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NEW HANOVER COUNTY
{ _ BOARD OF COMMISSIONERS
Oath of Off• � I
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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.
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BRIAN M. BERGER '
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Sworn to and subscribed before me this
Sixth day of D er, 2010
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CAROLY01. JUSTICE
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North Carolina ' -
House of Representatives
District 16 ,
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Exhibit
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j 1`IEW HANOVER COUNTY
BOARD OF COMMISSIONERS
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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
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RICHARD G. CATLIN
Sworn to and subscribed before me this � ���?•+
Sixth day of December, 2010
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SANDRA RAY C NER m ?
North Carolina District Court judge p`
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Fifth District � _"�_ .��.;,j)
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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
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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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.
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NEW HANOVER COUNTY
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o athan ar i r , Chairman
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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:
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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
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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.
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GovNTy.
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Sheila L. Schult,Clerk to the Board
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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
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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.
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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
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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.
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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
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F ��• onathan d, hairman
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ei a L. Schult,Clerk She oard
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS j
Exhibit 1
4
RESOLUTION Book A I Page 3
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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.
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ADOPTED this the 6t'day of December, 2010.
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NEW HANOVER COUNTY
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hairman
ATTEST:
•E'TABLI SHEO�• �
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Sheila L. Schult, Clerk to the Board
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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.
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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
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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
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ADOPTED FEBRUARY 17, 1969
CASE: A-387, 09/10
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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:
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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.
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Building Setback Line - A line parallel to the property lines in front of which no
structure shall-be built.
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Corner Lot- A lot abutting two or more streets at a street intersection.
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A-387(09/10) Page 1 of 12
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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
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2
t
5
4 W
:3
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Rc?0,
i
1 de alk
Handicap
'a Ramp
3
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Si w Ik
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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
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(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
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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
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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
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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
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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:
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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.
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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
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