The URL can be used to link to this page

Home My WebLink About2008-10-06 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. w\TV _ \-\ a 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. r. 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 $I 000 Section 2: Explanation The International Walk to School Day (October 8, 2008) will be held at Bradley Creek Elementary School. Volunteers will escort children to school, lead classroom/school assembly activities, and walk home with students while reinforcing the safety messages. T-shirts, safety items, and information will be provided. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-039, amending the annual budget ordinance for the fiscal year endinng June 30, 2009, is adopted. ArinntPri Chic ~n`J~ rjav of \~~ ~~a ~. 20Q$, ~~ 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. G~~~.1TY • N~ ,~~ ( AL ~~ti o _~~ ~ a o ~ ~ / ~~ %, ~ ,y2 / ti ~, Robert G. Greer, Chairman 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. ~ ~. ~~ .~ ~. ~~`~ ~ L) ~ o ~, ~~~,, ~~~ ~° r ~i` Robert G. Greer, Chairman r. toto the 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. /w~ O z a x 3: 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. r< NTY •,~,~ dopted, this ~'`~ day of y t ~*,"~ , 2008. ?J ~~~~ Robert G. Greer, Chairman to 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. ~, pted, this ~~ day of ~~ ~~a~a , 2008. Robert G. Greer, Chairman ;~ - to C- fV 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 n~'~7~" "~~'''~~ ^ `~ ~ ~~ ~~ ~ ' ; :~ . ~ s ' ` Robert G. Greer, Chairman a ~ ~ , r ~ ~' - ES ~ ATT T: 3 ~ =~a,, '// ~ `h ` ~,I I ~ j~~ rl ~ ~ `~V ~ ~~~ ~ ~ ~` -'~= ,~ Clerk to the Board Sheila L. Schult ~ ~ ~~~ r~ , ~ SAS"c 1' . ~. i~ 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. '~ ~- ~~t ~~ ` ~ ~" r ~~ , ~{ ti <~ _ ?C ~- ~ ~ ~ ~ ! i ;r t , . ~ r NEW HANOVER COUNTY ,~7~~ J'uu1. ~~~~~ Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board ~;~~ ~r l.4 _, - _ __ _ Book ~_ P~gs_ 1. __-; 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. ~`;\ NEW /-f- ER COUNTY ~ZGc../( ' Robert G. Greer, Chairman ~.~ `` - ~. ~ ~ ~~~ , Sheila L. Schult, Clerk to the Board ~` ---- -- ~~.~„` , 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. ~r1Y•,V G~, ! O~ ~- i~a ~2. ~~• ~ ~ 0 1 • z 7yL ' ~ I '/ ,,' ~ ~ti~ •<,~ltieLI5NE0 Robert G. Greer, Chairman ~, ,; `~ ~ ~ Sheila Schutt, Clerk to the Board 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. ~'~bU ~~~~ Robert G. Greer, Chairman Attest: ~.~~ Shei a L. Schult, Clerk to the Board