2008-10-06 RM ExhibitsNEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403
(910) 798-7149 (910) 798-7145 FAX WWW.NH000V.COM
Robert G. Greer, Chairman William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board gook 31 EXhibtt 2 ~' ~
___-__ Page -
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
TO DONATE A SURPLUS VAN TO COMMUNITIES IN SCHOOLS
WHEREAS, the New Hanover County Sheriff s Office desires to donate a van to the Communities
in Schools program; Communities in Schools is anon-profit organization that has served at-risk and
suspended youth since 2001; and
WHEREAS, the van has become surplus to the Sheriff s Office operation; and
WHEREAS, the van is a 2002 Ford E-350, VIN # 1FTSE34F42HA59535tyith 215,101 miles with
a fair market value of $2,500; and
WHEREAS, the Sheriff s Office is requesting approval to donate the vehicle to Communities in
Schools pursuant to General Statute 160A-279.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the 2002 Ford E-350 Van, VIN # 1FTSE34F42HA59535 bedonated toCommunities inSchools
for use in their Educational Alternatives for Suspended Youth Program and that County staff is
directed to process any required documents to complete the transaction.
ADOPTED this the 6'" day of October, 2008.
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NEW OVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Exhibit
Book 3 i Page 2~Q-
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-035
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-035 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health-Good Shepherd Program
Ex enditure: Decrease Increase
Salaries $6 000
Contract Services 3 500
Su lies 7,359
Em to ee Reimbursement 800
Total $17 659
Revenue: Decrease Increase
Good She herd Grant $17,659
Total $17 659
Section 2: Explanation
To rollover unexpended grant funds from FY 07-08 to FY 08-09.
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 09-035, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
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Adonted. this 0~~ ~"~ day of ~ n• ~, „ , 2008.
Ro ert G. Greer, Chairman
Exhibit
Book ~_ Page 21 • Z b
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-039
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-039 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Su lies $1000
Total $1 000
Revenue: Decrease Increase
Health/SafeKids:
Safe Kids - Walk to School Da Grant $1,000
Total $I 000
Section 2: Explanation
The International Walk to School Day (October 8, 2008) will be held at Bradley Creek Elementary School.
Volunteers will escort children to school, lead classroom/school assembly activities, and walk home with
students while reinforcing the safety messages. T-shirts, safety items, and information will be provided.
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 09-039, amending the annual
budget ordinance for the fiscal year endinng June 30, 2009, is adopted.
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Robert G. Greer, Chairman
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-040
Exhibit
Book ~i Page ~~• z ~
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-040 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Su lies $1,000
Total $1 000
Revenue: Decrease Increase
Health/Safe Kids:
Safe Kids/Railwa Crossin Grant $1,000
Total $1 -000
Section 2: Explanation
Funds will be used to buy promotional materials and incentives (give-aways) to raise awareness of safety at
railroad crossings during Safe Crossing week. The Railway Safe Crossing program will link railroad safety
language with science and physical education in the elementary school curriculum.
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 09-040, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of _ \~~ C~~_, 2008.
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Sheila L. Schutt, Clerk to the Board
Exhibit
Book 31 Page ~ l . d
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-041
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-041 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Su lies $3 500
Total $3 500
Revenue: Decrease Increase
Health/Safe Kids:
Safe Kids Grant $3,500
Total $3 500
Section 2: Explanation
Funds will be used to purchase car seats, food, and supplies for Injury Prevention Workshops.
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 09-041, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
NTH`Adopted, this ~~~ day of `1~~e~,,,~~`~ ~ , 2008.
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AGENDA; October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-037
Exhibit
Book ~ ~ Page 2l..Z e
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-037 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of gadget Amendment:
Fund: General Fund
Department: Board of Elections
Ex enditure: Decrease Increase
Board of Elections:
Tem ora Salaries $39 350
Contract Services 56,600
Su lies - Com uter & Other 9,972
Su lies 49 425
Total $155 347
Revenue: Decrease Increase
Board of Elections:
O eratin Grants -State HAVA Grant Funds $155 347
Total $155 347
Section 2: Explanation
To accept and budget a grant award from NC State Board of Elections of $155,347 in total ($95,950 for
staffing and training, $8,490 for six (6) laptops, $1,482 for six (6) printers, and $49,425 for fifteen (15)
non-ADA iVotronics voting machines) to support additional One-Stop Sites for the 2008 General Election.
The laptops, printers, and voting machines will be purchased by the state and given in-kind. All other
expenses will be reimbursed by the State Board of Elections up to the amount indicated in the grant. No
County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-037, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
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NTY •,~,~ dopted, this ~'`~ day of y t ~*,"~ , 2008.
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Robert G. Greer, Chairman
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Exhibit
Book 3__ ~ ___, Page Z ~ . 2. ~
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-045
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-045 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund/T'ransfers
Department: Commissioners
Ex enditure: Decrease Increase
Transfers to S ecial Revenue Fund $729 202
Total $729 202
Revenue: Decrease Increase
A ro riated Fund Balance $729 202
Total $729 202
Fund: NHC Schools
Department:
Ex enditure: Decrease Increase
Medicaid Reserve $729,202
Total $729 202
Revenue: Decrease Increase
Transfers in from General Fund $729,202
Total $729 202
Section 2: Explanation
The 2007 Appropriation Act phased out the County participation, excluding the administrative
costs, in Medicaid over athree-year period.
In exchange for the reduction of counties' FY07-08 Medicaid cost, the legislation temporarily
reduced county allocation from the Public School Building Capital Fund (PSBCF) in FY07-08 and
required counties to hold the local school administrative units harmless for the loss in PSBCF
funds.
The funds either had to be expended in FY07-08 or placed in a capital reserve account for future
expenditures for one or more of the PSBCF purposes. This budget amendment places the funds in
a reserve fund for future qualifying expenditures.
PSBCF funds are to be used for capital outlay projects, including the planning, construction,
reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for
the purchase of land for public school buildings. If funds are not needed for a specific capital
outlay project, the funds can be used to for debt service for public school facilities.
The County Commissioners and Board of Education need to agree on how the funds will be used,
but there is no match requirement for the funds and Department of Public Instruction does not
have to approve the expenditure of these funds.
County sales tax revenue is impacted in the remaining years of the phase out of local participation
in Medicaid.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the $oard of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-045, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adonted. this ~ ~~ day of
~~ 1, 4 ~ , 2008.
Robert G. Greer, Chairman
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-14
Sook 3 I Exhibit ~ 1,2r
Page __.____g
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-14 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: SOOMHZ Radio System Capital Project
Department: Finance
Ex enditure: Decrease Increase
Ca ital Project Ex ense $3 649
Transfers to General Fund $28 762
Total $3 649 $28 762
Revenue: Decrease Increase
Interests Earnin s $25,113
Total $25 113
Fund: General Fund
Department: Commissioners
Ex enditure: Decrease Increase
Total
Revenue: Decrease Increase
Transfers in from Ca ital Pro'ects $367 913
A ro riated Fund Balance $367,913
Total $367 913 $367 913
Section 2: Explanation
To close Fund 396 - 800MHZ Radio System Capital Project. The equity of $367,913 remaining in the
Capital Project fund is being transferred to the General Fund. Prior to actions taken at this Board of County
Commissioners meeting, the Appropriated Fund balance is $9,966,083.
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 2009-14, amending the
~nnu~l budget ordinance for the fiscal year ending June 30, 2009, is adopted.
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pted, this ~~ day of ~~ ~~a~a , 2008.
Robert G. Greer, Chairman
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
"DOMESTIC VIOLENCE AWARENESS MONTH" EXhlblt
Book ,~ I _ Page
PROCLAMATION
WHEREAS, domestic violence transcends all ethnic, racial and socioeconomic boundaries, weakening
the very core of our community; and
WHEREAS, the effects of domestic violence are far-reaching, forcing battered women and their children
to seek safe shelter, law enforcement prosecutors to expend valuable resources and families and friends to
grieve at the loss of life; and
WHEREAS, 2,120 adults and children sought safe shelter or counseling at the Wilmington Domestic
Violence Shelter and Services in the year 2007; and
WHEREAS, the Wilmington Domestic Violence Shelter and Services, Inc. works toward the elimination
of violence and oppression against women and their children and provides emergency support and
services for victims and survivors of domestic abuse; and
WHEREAS, on Wednesday, September 4, 2002, Gladys Bryant, an employee of New Hanover County
for more than two decades, was killed in an act of domestic violence exhibiting to all her coworkers and
friends, the prevalence of domestic violence and its consequences; and
WHEREAS, many other persons throughout New Hanover County and the United States find themselves
in abusive relationships and need to find security and an end to their physical and mental attacks.
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners
refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong
values, fosters a safe and loving home environment for every family, and encourages our citizens to
redouble their efforts to obliterate the problem of domestic violence from our families, our neighborhoods
and our community.
BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October
2008 be recognized as "Domestic Violence Awareness Month" in New Hanover County.
ADOPTED this the 6th day of October, 2008.
NEW HANOVER COUNTY
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit
"FIRE PREVENTION WEEK" Book 3 ~ Page
PROCLAMATION
WHEREAS, the County of New Hanover is committed to ensuring the safety and security of all those
living in and visiting our county; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the
locations where people are at greatest risk from fire; and
WHEREAS, home fires killed more than 2,500 people in the United States in 2006, according to the
latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in
the United States responded to nearly 400,000 home fires; and
WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment
and smoking are the leading causes of home fire deaths; and
WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home
fires and home fire injuries through prevention and protection education; and
WHEREAS, New Hanover County residents are responsive to public education measures and are able to
take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and
will therefore be more likely to survive a fire; and
WHEREAS, the 2008 "Fire Prevention Week" theme, "It's Fire Prevention Week -Prevent Home
Fires!" effectively serves to remind us all of the simple actions we can take to stay safer from fire during
"Fire Prevention Week" and year-round.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that October 5-i 1, 2008 be recognized as "Fire Prevention Week" in New Hanover County. All citizens
are urged to protect their homes and families by heeding the important safety messages of "Fire
Prevention Week" 2008, and to support the many public safety activities and efforts of New Hanover
County Fire and Emergency Services.
ADOPTED this the 6`'' day of October, 2008.
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Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION
ENCOURAGING THE USE OF LOW IMPACT DEVELOPMENT TECHNIQUES
WHEREAS, stormwater runoff from roofs, roadways, parking lots, lawns and other surfaces may be polluted with
toxic metals, organic compounds, excessive nutrients and bacterial and viral pathogens that can be a significant cause of
water pollution with the potential to harm human health, degrade shellfishing waters, restrict recreational uses, and
adversely affect economic development; and
WHEREAS, New Hanover County recognizes the limitations of conventional stormwater approaches and encourages
the use of Low Impact Development (LID) techniques to mitigate the impacts of stormwater runoff; and
WHEREAS, LID is an array of site planning techniques, pollution prevention measures, and engineered treatment
practices that can be applied. to projects at the individual lot level or across major residential or commercial
developments to mimic natural features and predevelopment hydrology; and.
WHEREAS, LID stormwater management options have been found to help protect and restore streams, wetlands, and
other natural aquatic systems; and
WHEREAS, New Hanover County, in collaboration with the City of Wilmington, pa•vduced a Low Impact
Development Guidance Manual ("LID Guidance Manual") that contains detailed guidance on how to design, construct
and maintain. LID practices; and
WHEREAS, adoption of the LID Guidance Manual will provide the County with important stormwater management
alternatives that may be used instead of or in conjunction with conventional stormwater management techniques; and
WHEREAS, adoption. of the LID Guidance Manual., as an optional alternative to conventional stormwater management
techniques, will allow LID to be used in development projects within the Count); and
WHEREAS, the New Hanover County Board of Commissioners finds that it is in the best interest of the public to
protect the natural environment.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners finds the above
recitals incorporated herein as findings and conclusions as if set forth in full; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners hereby adopts the LID
Guidance Manual as an additional resource to assist development to comply with County stormwater requirements; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners encourages applicants to use
the L1D Guidance Manual as a means to comply with local, state, and federal water quality requirements; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners urges the North Carolina
Department of Environment and Natural Resources to facilitate and expedite permitting of development projects that
apply the principles of LID as presented in the LID Guidance Manual.
ADOPTED this the 6`~' day of October, 2008.
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NEW /-f- ER COUNTY
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Robert G. Greer, Chairman
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 WILMINGTON, NC 28403
{910) 798-7149 • (9f0) 798.7145 FAX • www.NwcGOV.coM
Robert G. Greer, Chairman • William A. Caster, Vlce-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Commissioner• Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board
Book 3 ~ Exhibit
Page ~ I . `7
TERMINATION OF STATE OF EMERGENCY
IN THE COUNTY OF NEW HANOVER
WHEREAS, on September 4, 2008, the New Hanover County Board of Commissioners determined
and proclaimed a local state of emergency for the County of New Hanover; and
WHEREAS, the state of emergency was enacted due to the possible impact of Tropical Storm
Hanna on New Hanover County and was effective on Friday, September 5, 2008 at 6:00 a.m.; and
WHEREAS, New Hanover County Board of Commissioners has determined that a state of
emergency no longer exists in the County of New Hanover;
NOW, THEREFORE BE IT RESOLVED, that the above-referenced proclamation of a local state
of emergency and all of the restrictions and orders therein are hereby terminated effective October 6,
2008 at midnight.
Adopted this the 6"' day of October, 2008.
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Exhibit
Book 3_._ ~ ._ Page ,~:_5
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEVI' HANOVER COUNTY, NORTH CAROLINA ADOPTED
OCTOBER 6, 1969, UPDATED Apri12008
A-374 (8/08)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended,
and the same is hereby further amended as follows and described in bold:
Article 2 - Definitions: Add
Forest Management Plan - a document that defines a landowner's forest management objectives and
describes specific measures to be taken to achieve those objectives The plan shall be prepared by a
licensed forester and shall include silviculture practices that both ensure optimal forest productivity and
environmental protection of land. (NC Division of Forest Resources and NC Cooperative Extension
Service can provide educational materials and lists of licensed foresters.)
Regulated trees -those trees of the size, species and location to be protected under the development
provisions of the Landscaping section of the ordinance 67B-3(1)(A) and (B)
Significant Tree -Any hardwood tree or coniferous tree with a diameter at breast height (DBH) equal to
or greater than 24 inches or any dogwood, American holly, or other flowering tree with a DBH equal to or
greater than 8" (See Article II, Section 23)
Timber Harvest -The felling, loading, and transportation of forest products, roundwood or logs (Source:
NC Drvision of Forest Resources)
Use Value -The North Carolina General Assembly enacted the "Land Use Program," which allows
reduced tax values for individually owned property used for certain purposes, including forestry. Basic
eligibility requirements are forestland consisting of one or more tracts, one of which consists of at least 20
acres that is m actual production and are not included in a farm unit. A forestry management plan is
required. (Contact NHC Tax Adrmnistration for more information.)
New Section
Section 67A: TREE RETENTION
67A-1: Purpose
New Hanover County enthusiastically supports new development that protects and preserves the natural
assets which make our area so desirable as a place to hve, work and recreate Old growth native species
trees are an mlportant natural asset.
The County recognizes the value and benefit of mature trees m protecting, preserving and enhancing
quality of life for present and future citizens Some of the many benefits of tree preservation include:
• Conservation of energy by shading buildings and paved surfaces
• Filtering of airborne pollutants
• Removal of atmospheric carbon dioxide
• Reduction of stonmwater runoff
• Slowing of flood waters
• Recharging of groundwater
• Protecting the cultural and historic character of the area
• Increasing the value of homes and businesses
Certain trees have been determined to be "significant" to our area and therefore are protected.
67A-2 Tree Removal in General
The removal of significant or regulated trees on any lot or parcel requires a tree removal permit or a letter
of exemption from the County Zoning Administrator. For particular requirements when clearing occurs in
conjunction with development proposals, see Section 67B-9 of this ordinance. When tree removal is
proposed without a companion development proposal, the following shall apply:
67A-2.1 Application
Application for a timber harvest permit must include a tree survey indicating the details outlined
in 67B-8(4)(C) or proof of exemption in accordance with NCGS 153A-452 as outlined in section
67A-2.3.
67A-2.2 Regulated Trees to be retained
Regulated trees must be retained and protected during the permitted tree harvest within a fifty
(50) foot perimeter of the property. All Significant trees shall be retained.
67A-2.3 Exemptions
(A) Properties which are use-valued for forestry or those for which a forestry
management plan prepared by a registered consulting forester is presented. To qualify for
exemption, a forestry management plan shall ensure the proper regeneration of forest stands to
commercial levels after the harvest of timber.
(B) Any lot of record as of the adoption date of this ordinance which is less than one acre
in size and which is located in a residential zoning district shall be exempt from the provisions of
this section.
67A-2.4 Tracking
(A) The Zoning Administrator will forward copies of tree removal permits or letters of exemption
to the Planning Director.
(B) Any property proposal which requires subdivision approval, building permit approval or
commercial or special use site plan approval, and all proposals for rezonings will be required
to submit with the application, a copy of any approved tree removal permit or letter of
exemption issued within three (3) years prior to the application date.
67A-3 Penalty-Withholding of Permits.
After the date of adoption of this section, failure to obtain a tree removal permit from New Hanover
County prior to removal of anX regulated or significant tree or any timber harvest on property will result
in the following:
(A) A building permit, site plan approval or subdivision plan approval shall be denied, subject to
the following:
(1) a period of three (3) years after the completion of a timber harvest if the harvest
results in the removal of all or substantially all regulated or significant trees from the
tract; or
2
(2) a period five (5) years after the completion of a timber harvest if the harvest results in
the removal of all or substantially all of the regulated or significant trees from the
tract if the harvest was a willful violation of County regulations.
(B) This enforcement provision shall run with the land. Therefore, change of ownership does not
alleviate the penalty for unauthorized cutting of trees.
Renumber current Section 67 of the zoning ordinance so that all such references therein and
thereto shall be known as Section 67B or subsections thereof.
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 Policy 2.6 of the CAMA land use plan,
reasonable and in the public interest to clarify the permitting requirements for tree removal.
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 6`~' day of October, 2008.
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Robert G. Greer, Chairman
Attest:
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Shei a L. Schult, Clerk to the Board