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2003-03-24 RM Exhibits28.8.5 NE\V HANOVER COUNTY BOARD OF COJ\1J\1ISSIONERS PROCLAlJlATION WHEREAS, counties provide critical services to the children and families that live in our community; and WHEREAS, counties provide medical services, recreational facilities, child safety programs, educational development, health care, altematives to delinquency, and many other services to children; and WHEREAS, county officials and employees use their role as leaders to encourage better children's health, increase early clùldhood development and promote safe and effective parenting strategies; and WHEREAS, working with vmious public m1d pIivate agencies, county govemments provide sòlutions to the problems facing to day's children; NOW, THEREFORE BE IT RESOLVED, that the New Hm10ver County Bom'd of Commissioners does hereby declm'e the week of ApIiI6-12, 2003 to be National County Govenlll1ent Week, and as the Week of the Young Clùld in New Hanover County in recog¡.ùtion of the leaderslùp, innovation and valuable service provided to the young people of our community. Adopted the 24th day of:t\1arch, 2003. 7da~(J, Ted Davis Ir., c~~an 28.8.6 CONSENT AGENDA DATE ITEM NO NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 2/28/03 CURRENT TAX YEAR - 2002 AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL $ 104,590,76269 $ 6,792,16564 DISCOVERIES ADDED 4,160,67371 13,357 54 LESS ABATEMENTS 288,270 99 82 854 82 TOTAL TAXES CHARGED $ 108,463,16541 $ 6,722,66836 ADVERTISING FEES CHARGED 00 00 LISTING PENALTIES CHARGED 92,995 18 00 CLEANING LIENS CHARGED 00 00 TOTAL LEVY $ 108,556,160 59 $ 6,722,66836 COLLECTIONS TO DATE - 103,878,57703 5,149,15347 OUTSTANDING BALANCE $ 4,677,583 56 $ 1,573,51489 PERCENTAGE COLLECTED 95 69%* 76 59%* BACK TAXES REAL ESTATE AND PERSONAL PROPERTY $ 4,109,991 72 CHARGES ADDED 124,202 82 LESS ABATEMENTS 381.711 24 TOTAL TAXES DUE $ 3,852,483 30 COLLECTIONS TO DATE 1 637,874 96 OUTSTANDING BALANCE $ 2.214,60834 PERCENTAGE COLLECTED 4251% FEB 2003 FISCAL YTD RENTAL VEHICLE TAX COLLECTIONS $ 16,42826 $ 163,10865 ROOM OCCUPANCY TAX COLLECTIONS 78,689 16 1,982,805 85 PRIVILEGE LICENSE COLLECTIONS 327 50 11.70422 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNlY, CITY OF WILMINGTON, WRIGHTSVlLLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $161,402,837 86 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2002 ~P.pCTFULL Y SUBMITTED, ,) .' ,-...... ~ ..-"( cJ,-,"\ [~c... '(-). 6.'1 "0'; PATRICIA] RAYNORj -" COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 94 58% 28.8.6 CONSENT AGENDA DATE:_________ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 02/28/03 CURRENT TAX VEAR - 2002 ---~---------~---~-~--- ORIGINAL TAX LEVV PER SCROLL DISCOVERIES ADDEO LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVV COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES ----...--...-- REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDEO LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED THIS REPORT IS FOR FISCAL VEAR BEGINNING JULV 1, 2002. ~ECTFULLV SU8MI~ED' IY .' ~ 6.\,\ "e,r { (-hî ( , (.. U. ) PATRICIA J. RAYNOR COLLECTOR OF REVENUE AD VALOREM MOTOR VEHICLE --------------- t 219,850.50 643.73 2,619.68- -----....--..----- $ 217,814.55 --------------- $ 2,610,119.32 147,964.25 50,701.78- ---------------- $ 2,761,441.79 2,416.61 -....------------ $ 2,769,918.40 2,662,950.69- --------------- $ 106,967.71 96.14%* .00 ---------.----- $ 217,814.55 169,306.36- ---------------- $ 48,568.19 77.11%* 98,980.41 5,160.30 10,707.71- -..-....---------- $ 94,032.94 40,458.38- ----------...--- $ 53,514.56 43.03% * COMBINED COLLECTION PERCENTAGE - 94.79% 28.8.7 Ted DavIs, Jr Chairman <!Øfftce of lßoarb of QCommíssíoners .ßetu ~anober (![ountp 320 (![bes'tnut ~treet, ]Room 305 Wtbmngton, .ßortb (![arolína 28401-4093 \Irelepbone (910) 341-7149 jfax (910) 341-4130 www nhcgov com Robert G Greer Vice-Chairman Juha Boseman Commissioner Wilham A Caster Commissioner Wanda M Copley County Attorney Nancy H Pritchett Commissioner Allen O'Neal County Manager Lucie F Harrell Clerk to the Board RESOLUTION DIRECTING NEW HANOVER TRANSPORTATION SERVICES ADVISORY BOARD TO WORK WITH WILMINGTON TRANSIT AUTHORITY BOARD ON INTERLOCAL AGREEMENT FOR MERGED TRANSIT SYSTEM WHEREAS, the creatIOn of a truly regIonal, seamless publIc transportatIOn for New Hanover County and the CIty ofWIImmgton IS m the best mterest of all of our cItIzens Travel patterns are defined by trIpS that occur wlthm the regIOn IrrespectIve of County and CIty boundanes, and therefore these boundanes should be transparent to our transIt customers as well a regIOnal publIc transportatIon system will provIde the most effectIve means ofprovldmg publIc transportatIOn servIces wherever they are needed, and WHEREAS, a Steenng Corrumttee made up of representatives from New Hanover County, the CIty of WIImmgton, North Carolma Department of TransportatIOn, WIlmmgton TransIt AuthorIty, and other local governments and stakeholders m the publIc transportatIOn system have recommended the creatIon of a merged transIt authonty to provIde all of the services bemg provIded by the New Hanover TransportatIOn Services and the WIImmgton TransIt Authonty A merged transIt authonty would operate under the eXlstmg State legIslatIve authorIty ofthe WIImmgton TransIt Authonty but would create ItS own new Identity and Image to the commumty, and WHEREAS, the New Hanover County Board of CommISSioners currently appomts members to the New Hanover TransportatIOn ServIces AdvIsory Board and the WIImmgton CIty CouncIl currently appomts seven members to the WIlmmgton TransIt AuthorIty Board NOW, THEREFORE, BE IT RESOLVED The New Hanover County Board of CommissIOners does hereby dIrect the New Hanover TransportatIOn ServIces AdvIsory Board to work cooperatIvely wIth the WIlmmgton TransIt AuthorIty Board and the County and CIty staffs to develop an mterlocal agreement to establtsh the parameters of a merged transit authorIty for presentatIon to the New Hanover County Board of Commissioners and the WIlmmgton City Council prior to the end of Fiscal Year 2002-2003 28.8.8 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Appendix B, Chapter 56 Utilities, Article III, Sewer System, DIvIsion 9, Fee Schedule, IS amended as follows (the changes amend both the Appendix B, DIvIsion 9, Fee Schedule as well as the corresponding Chapter 56 Utilities, Article III Sewer System, DIvIsion 9 Fee Schedule) Appendix B, Division 9. Fee Schedule. Add a new category to Section 56-315(a) as follows: Section 56-315(a) Residential and nonresidential tap fees for vacant lots for which waste disposal IS available Residential and nonresidential (wherein New Hanover County has previously Installed the tap dUring sewer system construction) , Four-Inch SIx-Inch $2,00000 $2,200 00 Residential and nonreSidential (wherein New Hanover County Installs the tap where not previously provided dUflng sewer system construction) Four-Inch SIx-Inch $2,50000 $2,70000 Delete Section 315(a)(2) in ItS entirety and substitute the followmg. Section 56-315(a)(2) For eight-inch and larger, Installation costs shall be estimated by the district and paid at time of application Taps for eight-Inch and larger only Include the actual connection to the collection system Except as specified herein, the eXisting provIsions of the Appendix B, DIvIsion 9, Fee Schedule shall remain unaltered, In full force and effect including but not limited to the eXisting provIsions of § 56- 315(a) This th~l' ~ [SEAL] Ted DavIs, Jr ,Ch man Board of Commissioners 28.8.9 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 A-321,08/02 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN SectiOn 1 That the SubdIvIsiOn RegulatiOns of the County of New Hanover, North Carolma adopted October 18, 1965, as amended be and the same IS hereby further amended as follows AMEND Sections of The Subdivision Regulations as noted; (In the attached document, the underl1ned text lS new to the regulat10ns and otr1kethrough text lS removed from the regulations All other text lS eX1sting language to rema1n 1n the regulat1ons.) SectiOn 2 Any ordmance or any part of any ordmance m confhct wIth thIS ordmance, to the extent of such conflIct, IS hereby repealed SectiOn 3 ThIs ordmance IS adopted m the mterest ofpubhc health, safety, morals and general welfare of the InhabItants of the County of New Hanover, North Carolma, and shall be m full force and effect from and after ItS adoptiOn Adopted the 24th day of March 2003 Attest ;GOO· , Ted D VIS, Jr, halrman 'v/l~ 4/,14/03 \- "(- '! SUBDIVISION ORDINANCE AMENDMENTS AS RECOMMENDED BY THE UNIFIED DEVELOPMENT ORDINANCE OVERSIGHT COMMITTEE 4/14/03 TABLE OF CONTENTS )~ -. -, PAGE 2 2 3 3 3 3 3 3 5 5 7 7 8 8 8 8 10 12 12 13 13 13 16 16 16 16 19 20 20 20 20 20 20 20 21 21 22 23 ENACTMENT PREAMBLE ARTICLE I -----IN GENERAL SectIon 10 Authonty SectIOn 11 TItle SectIOn 12 JunsdIctIon SectIon 13 Metes and Bounds SectIOn 14 Reenactment and Repeal of EXIstmg RegulatIOns Blank SectIOn 15 Purpose ARTICLE II -----DEFINITIONS AND INTERPRETATIONS SectIOn 20 DefImtIOns SectIOn 21 Tense and Number SectIOn 22 Word InterpretatIOn ARTICLE III ----PLAT PREP ARA TION AND APPROVAL PROCEDURE SectIOn 30 In General SectIOn 31 Sketch Plan SectIOn 32 Prelnrunary Plat SectIOn 33 Fmal Plat SectIon 34 Mmor SubdIvIsIOn SectIOn 35 Water Supply Watershed ARTICLE IV ----DESIGN STANDARDS ! , SectIOn 40 General ProvIsIOns SectIOn 41 SpecIfic ReqUIrements ARTICLE V -----IMPROVEMENTS SectIOn 50 In General SectIOn 51 Guarantees of Improvements SectIOn 52 ReqUIred Improvements SectIon 53 Recommended Impro'/ements Blank SectIOn 54 Homeov,'ller's Property Owners' AssocIatIOn ARTICLE VI ----ADMINISTRATION SectIOn 60 Vanances and ExceptIOns SectIOn 61 Planned Umt Development SectIOn 62 Procedure for Vanances and ExceptIOns SectIOn 63 Amendment SectIOn 64 SeparabIlIty SectIOn 65 ConflIct SectIOn 66 PublIc SItes and Open Spaces SectIOn 67 Duty of RegIster of Deeds SectIOn 68 Enforcement of Ordmance APPENDICES CERTIFICA TES ,- \~ '! ATTN draft 4/14/03 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY PERTAINING TO THE SUBDIVISION OF LAND WITHIN THE COUNTY ENACTMENT: AN ORDINANCE ESTABLISHING SUBDIVISION REGULATIONS FOR THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AND PROVIDING FOR ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF NORTH CAROLINA GENERAL STATUTES CHAPTER 153A, ARTICLE 18. PREAMBLE: WHEREAS, m the opmIOn of the Board of ComrrussIOners of New Hanover County, It IS necessary and advIsable to provIde for the orderly development of the county, for the coordmatIon of streets wIthm proposed subdIvIsIOns wIth eXIstmg and planned streets and wIth other publIc facllItIes, for dedIcatIOn or reservatIOn of nghts-of-way or easements for streets and utIlIty purposes, and for the dIstnbutIon of populatIOn and traffIc whIch shall aVOId congestIon and overcrowdmg, and whIch shall create condItIOns essentIal to pubhc health, safety, and general welfare, and WHEREAS, the County ComrrussIOn has gIven due publIc notIce of hearmgs relatmg to the SubdIvIsIOn RegulatIOns, and has held such publIc heanngs, and WHEREAS, all reqUIrements of the General Statutes of North Carolma have been met; NOW THEREFORE BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF NEW HANOVER AS FOLLOWS: Wllmmgton/New Hanover County Unified Development Ordmance (July 7, 1999 Draft) 3 );- .) -I' A TIN draft 4/14/03 ARTICLE I: IN GENERAL Section 10 Authoritv The provIsIOns of thIS ordmance are adopted under authonty granted by the General Assembly of the State of North Carolma m ArtIcle 18, Chapter 153A of the North Carohna General Statutes Section 11 Title ThIs ordmance shall be known as the SubdIvIsIOn RegulatIOns of the County of New Hanover, North Carolma, and may be referred to as the SubdlvlSlon RegulatIOns Section 12 Jurisdiction On and after February 17, 1969, these regulatIOns as amended shall govern each and every subdlVlsIOn of land lymg wIthm the County and outsIde the subdIvIsIOn regulatIOn JunsdlctIOn of any mUlllclpahty, and the subdIvIsIOn of land wIthm the subdIvIsIOn regulatIOn JunsdIctIOn of any mUlllclpahty whose governmg body by resolutIOn agrees to such regulatIOns Section 13 Metes and Bounds The descnptIOn by metes and bounds m the mstrument of transfer or other document used m the process of sellmg or transfemng land does not exempt the transactIOn from these regulatIOns A plat shall be prepared, approved and recorded pursuant to these regulatIOns whenever a subdIvIsIOn of land takes place ~~ ' Section 14 Reenactment and Repeal of Existin£: Subdivisiøn Re£:ulations (1) ThIs regulatIOn m part carrICS fonvard by reenactment some of the provIsions of the eXlstmg SubdIvIsIon RegulatIOns of the County of Ne',',' Hanover 1'\1l provIsIOns of the SubdIvIsIOn RegulatIOns of NeVi Hanoyer County enacted prevIOuslY".vhICh are not reenacted herem are repealed on and after the date of adoptIOn (2) 1^JI or any subdIvIsIOns v,'ItA fmal plat approval granted by the pro'lIsIOns of the prevIOus SubdlVlsIOn RegulatIOns of the County of New Hanover wIll not be affected by the provIsIOns of thIS ordmance 1'\11 or any subdIvISIOns wIth prehmmary plat approval granted by the prO','lS1on of the prevIOus SubdIvISIon RegulatIOns 'NIll conform to the SubdIvIsIOn RegulatIOns m effect at the tIme of prelllrunary plat approyal 1^JI or any subdIvIsIOn 'NIthout prelllrunary plat approval on and after the date of adoptIOn of thIS regulatIOn shall be reqmred to abIde by all proYISIOnS of these SubdIvIsIOn RegulatIOns (3) If a developer made actual physical Improvements to hIS property toward the development of a subdIvIsIOn pnor to November 1, 1965 (the effectIve date of the SubdIvIsIOn RegulatIOns adopted by the board of CommiSsIOners of New Hanover County on October 18, 1965) and If he fIled at least a prehmmary plan of saId subdIvIsIOn, ,vIth the County Planmng and Zomng COl11llllssIOn (now knovm as the Ne',',' Hanover County Plannmg Board) pnor to January 1, 1966, then and m that eveRt, these regulatIOns shall not be apphcable to such property Section 15 Purpose The purpose of thIS ordmance IS to regulate and control the subdIvIsIOn of land wlthm New Hanover Wllmmgton/New Hanover County Umfled Development Ordmance (July 7, 1999 Draft) 4 , " ,- f. '! ATTN draft 4/14/03 County excludIng the subdIVISIon regulatIOn JunsdICtIon of any mUnIcIpalIty WIthIn the County In order to promote the publIc health, safety, and general welfare of the County The ordInance IS desIgned to promote the orderly development of the County, for the coOrdInatIOn of streets and hIghways wIthIn proposed subdIvIsIOns wIth eXIstIng or planned streets and hIghways and wIth other publIc facIlItIes, for the dedIcatIOn or reservatIOn of nghts-of-way or easements for street and utIlIty purposes, and for the dIstnbutIOn of populatIOn and traffIc whIch shall aVOId congestIOn and overcrowdIng and whIch will create condItIOns essentIal to publIc health, safety, and the general welfare ThIs ordInance IS desIgned further to facIlItate adequate provIsIOn for water, sewerage, parks, schools and playgrounds, and also to faCIlItate the further re-subdIVISIOn of larger tracts Into smaller parcels of land Wllmmgton/New Hanover County Umfled Development Ordmance (July 7,1999 Draft) 5 j~ .. ATTN draft 4/14/03 ARTICLE II: DEFINITIONS AND INTERPRETATIONS Section 20 20-1 20-2 20-3 20-4 20-5 20-6 20-7 20-8 ,. 20-9 Definitions For the purpose of thIS ordmance the followmg terms have been defmed Alley A nght-of-way.mtended pnmanly for motor vehIcles, whIch cuts across a block m order to Improve access to adjacent streets or propertIes Block A parcel of land, whIch IS entIrely surrounded by publIc streets, hIghways, raIlroad nghts-of-way, parks or green stnps, rural land or dram age channels, or a combmatIOn thereof BUIldmg Setback Lme A hne parallel to the property hnes m front of whIch no structure shall be bUIlt Comer Lot A lot abuttmg two or more streets at a street 1OtersectIOn County Engmeer A professIOnal Engmeer, regIstered m the State of North CarolIna, employed by the County Board of ComrrussIOners to provIde engmeenng 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 herem defmed Double or Reverse Frontage Lot A contmuous (through) lot of the same depth as the wIdth of a block and whIch IS accessIble from both of the streets upon whIch It fronts Easement A grant by the property owner for use, by the pubhc, a corporatIOn or person of a stnp of land for specIfIc purposes Group Development A group of two or more pnncIpal structures bUIlt on a smgle lot, tract, or parcel of land and desIgned for occupancy by separate famIlIes, fIrms, busmesses, or other enterpnses !; 20-10' Lot A portIOn of a subdIvIsIOn or any other parcel of land mtended as a UTIlt for transfer of ownershIp or for development, or both The word lot also mclude the words "plot" and "parcel" 20-11 OffIcIal Map or Plans Any maps, plans, charts, or texts offIcIally adopted by the County Board of ComrrussIOners for the development of New Hanover County , 20-12 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 20-13 Plat, PrelIrrunary A map of proposed land subdIvIsIOn showmg the character and proposed layout of the tract m suffIcIent detaIl to mdIcate the sUItabIhty of the proposed subdIvIsIon of land 20-14 Plat, Fmal A map of a land subdIvISIOn prepared 10 a form sUItable for fIhng of record wIth necessary affIdavIts, dedIcatIOns, and acceptances, and wIth complete beanngs and dImensIOns of all hnes def10mg lots and blocks, streets and alleys, publIc areas and other dImensIOns of land reqUIred by thIs ord1Oance Wllmmgton/New Hanover County Unified Development Ordmance (July 7,1000 DrJft) 6 \f_ ,t ATTN draft 4/14/03 20-15 Techlllcal RevIew Comilllttee - A COllll11lttee formed by the County Board of COllll11lSSIOners for the purpose of SubdIvIsIOn Plan reVIew as prescnbed by thIS Ordmance (8/02) 20-16 Streets A nght-of-way for vehIcular traffIc whIch IS dedIcated to publIc or pnvate use and constructed to acceptable New Hanover County standards Streets shall be classIfIed as one of the followmg (1) Artenal Streets Streets and hIghways of exceptIOnal contmmty, desIgned to route traffIc through or around the County (2) Pnmary Streets A street or hIghway of consIderable contmmty, desIgned pnmanly as a radIal or cross-county traffIc artery for mtercommUlllcatIOn between vanous sectors of the county (3) Secondary Streets A street or hIghway servmg as a connectmg lInk between two (2) prImary or artenal streets (4) Collector Streets Streets whIch carry traffIc from illlnor streets to the system of major streets (pnmary and/or artenal streets) ResIdentlal collector roads are further defmed by the N C Department of TransportatIOn's SubdIvIsIOn Roads-MIllImum ConstructIOn Standards as amended (a) Dead End Roads - These roads are more than 2500 feet m length, open at one end only wIthout specIal provIsIOn for turlllng around and have collector charactenstlcs (b) Connectmg Roads - The roads whIch serve as the connectmg road system between other roads wIthm the subdIvIsIOn and the thoroughfare system r\ ^ (c) Loop Roads - A road that has Its begmlllng and endmg pomts on the same route It IS more than one illlle m length and has collector charactenstlcs (d) Other Roads - These are other roads havmg a "collector" type functIOn m the thoroughfare system (5) Mmor Streets Streets whIch are used pnmanly for access to abuttmg propertIes These local resIdentlal subdIvIsIon roads do not connect thoroughfares or serve major traffIc generators and are further defmed by the N C Department of TransportatIOn's SubdIvIsIOn Roads-MmImum ConstructIOn Standards as amended (a) Cul-de-sacs - These are very short roads, open at one end only, wIth a specIal provIsIon for turlllng around at the other end WhICh IS permanently closed They have a "bulb" end desIgn wIth a specIfIc tummg radu and a lIilllted number of lots (b) Dead End Roads - These are roads less than 2500 feet m length, open at one end only wIthout specIal provIsIOns for turlllng around and have no collector charactenstlcs (c) Short Connectmg Roads - These roads are normally one block long or extend on a block-by- block basIs and have no collector charactenStlCS (d) Loop Roads - A road that has Its begmlllng and endmg pomts on the same route It IS less than one ll1lle m length and has no collector charactenstIcs (e) Other Roads - These roads do not connect thoroughfare or serve major traffIc generators and do not have "collector" charactenstlcs These mclude margmal access streets parallel to or adjacent to Artenal and/or Pnmary Streets and hIghways, and provIde access to abuttmg propertIes and protectIOn from through traffIc 20-17 SubdIvIsIOn A "subdIvIsIOn" shall mclude all dIvIsIOns of a tract or parcel of land IOtO two or more lots, Wilmmgton/New Hanover County Unified Development Ordmance (July 7, 1990 Draft) 7 ,~ þ A TIN draft 4/14/03 bUIldmg sItes, or other dIvIsIOns for the purpose, whether ImmedIate or future, of sale or bUlldmg development, and shallmclude all dIvIsIOns of land mvolvmg the dedIcatIOn of a new street or a change m eXIstmg streets, provIded, however, that the followmg shall not be mcluded wIthm thIS defImtIOn nor be sublect to the regulatIons authonzed by,thls ordmance (I) the combmatIOn or recombmatlOn of portIOns of prevIOusly subdIvIded lots where the total number of lots IS not mcreased and the resultant lots are equal to or exceed the standards of the County as shown m ItS subdIvIsIOn ordmance (2) the dIvIsIOn of land mto parcels greater than ten (10) acres where no street nght-of-way dedIcatIOn IS mvolved (3) the publIc acquISItIOn by purchase of stnps of land for the wIdemng or opemng of streets, (4) the dIvIsIOn of a tract m smgle ownershIp whose entIre area' IS no greater than two (2) acres mto not more than three (3) lots, where no street nght-of-way dedIcatIOn IS mvolved and where the resultant lots are equal to or exceed the standards of the County as shown m ItS subdIVISIOn ordmance 20-18 SubdIvIsIOn, Mmor A mmor subdIvIsIOn IS a subdIvISIOn (1) mvolvmg not more than, fIve lots, all of whIch ,front on an eXIstmg approved street, and (2) not mvolvmg any new streets or prospectIvely requmng any new street for access to mtenor property, and (3) not requmng dram age Improvements or easements to serve the applIcant's property or mtenor propertIes 20-19 Surface Dramage A dramage system consIstmg of culverts and open dItches 20-20 Barner Islands Any land formatIOn composed of unconsolIdated matenals lymg on the ocean sIde of the mamland Estuanes or wetlands separate the Islands from the mamland 20-21 100 Year Flood Area The area of 100 years flood mundatIon as shown'on New Hanover County's OffIcIal Flood Insurance Maps, as amended .~ , , 20-22 100 Year Coastal Hazard V Zone Area The area of 100 year coastal flood mundatlOn'with hIgh velocIty waters and hurrIcane actIOn as shown on New Hanover County's OffIcIal Flood Insurance Maps, as , amended " Section 21 Tense and Number (1) The present tense mcludes the future tense and the future tense mcludes the present tense (2) The smgular number mcludes the plural number and the plural number mcludes the smgular number Section 22 Word Interpretation For the purpose of thIS ordmance, certam words shall be mterpreted as follows (I) The word "may" IS permlssIve , (2) The words "shall" and "wIll" are mandatory (3) The word "bUIldmg" mcludes the word "structure" Wllmmgton/New Hanover County Umfled Development Ordmance (July 7, 1000 Draft) 8 \. ,1 ATTN draft 4/14/03 (4) The word "County" shall mean the "County of New Hanover", a county corporatIOn of the State of North CarolIna (5) The words "Board of County COl11IlllSSIOners" or "County ComrmssIOners" shall mean the "New Hanover County Board of County ComnnssIOners" (6) The words "RegIster of Deeds" shall mean the "Recorder of Deeds for New Hanover County, North CarolIna" (7) The words "ordlllance" and "regulatIOns" shall mean the "SubdIvIsIOn RegulatIOns of the County of New Hanover, North CarolIna (8) The word "street" lllcludes the words "road" and "hIghway" Section 30 Section 31 31-1 31-2 31-3 ARTICLE III: PLAT PREPARATION AND APPROVAL PROCEDURE In General All subdIvIsion plats for land wlthlll the subdivIsIOn JunsdlctIOn of New Hanover County shall hereafter prescnbe to the procedure contallle~ wlthlll the followlllg sections of thIS article Sketch Plan General Before a subdIvIder subl1llts a prelIl1llnary plat, a sketch plan of the proposed subdIvIsIOn may be prepared and subl1lltted to the New Hanover County Planmng Department The sketch plan should be drawn at a scale of not less than two hundred (200) feet to one (1) lllch Contents of the Sketch Plan The sketch plan should contalll or be accompamed by the followlllg lllformatlon (1) The proposed name and locatIOn of the subdivIsIOn (2) The name and address of the owner and the subdivider (3) The total acreage m the tract to be subdivIded (4) The tentative street and lot arrangement (5) The approXImate nghts-of-way, nghts-of-way desIgnatIOn (publIc or pnvate), easements and lot lInes (6) The average lot area and approXImate number of lots (7) The eXlstlllg and proposed uses of land throughout the subdIvIsIOn (8) Surface and subsurface dralllage of the subdIvIsIon (9) The zomng classIfIcation of the tract (10) A sketch of the hUITlcane evacuatIOn route from the subdivIsIOn to the nearest County shelter as determmed by the County CIvIl Preparedness OffIce, If the subdIvIsIOn or parts of It WIll be located on a barrIer Island Planmng Department RevIew The New Hanover County Planmng Department shall reVIeW the sketch plan for general complIance wIth the reqmrements of thIS ordlllance, the subdivider or his representatIve may dISCUSS plans for development Wilmington/New Hanover County Umfled Development Ordmance (July 7,1009 Draft) 9 ! , A TIN draft 4/14/03 of the proposed subdIvIsIOn The Planmng Department shall advIse the subdIvIder as to the regulatIOns whIch pertam to the proposed development and the procedure the subdIvIder shall follow m prepanng and subrruttmg a subdIvIsIOn plat Section 32 32-1 Preliminarv Plat The subdIvIder shall submIt one (1) sepIa pnnt of the prehrrunary plat and ten addItIOnal twelve or more copIes-of the prehrrunary plat to the New Hanover County Planmng Department (4/6/87) 32-2 Contents of the Prehrrunary Plat The prehrrunary plat shall be drawn to a scale of not less than two hundred (200) feet to one (1) mch and shall be accompamed by the followmg mformatIOn < ~ , (1) The scale, north pomt, and date (2) The proposed name of the subdIvIsIOn (3) The name and address of the owner, the subdIvIder, and the surveyor or engmeer prepanng the plat (4) A locatIOn map showmg the relatIOnshIp between the subdIvIsIOn and the surroundmg area (5) The names and locatIOns of adjommg subdIvIsIons and streets, the locatIOn and ownershIp of adjommg un subdIvIded property, and the locatIOn of county and/or mumcIpal hrruts If falhng wlthm or IlnmedIately adjOImng the tract (6) The eXIstmg zomng classIfIcatIOn of the tract to be subdIvIded and adjOImng land (7) The boundanes of the tract to be subdIvIded wIth al1 bearmgs and dIstances mdlcated t (8) The locatIOn of eXlstmg bUIldmgs, raIlroads, and bndges (9) The land contour wIth vertIcal mtervals of not less than two (2) feet Land contours shall be m relatIOn to mean sea level datum (10) The locatIOn of all marshes, water, water courses, dItches, dram age channels, and sub-surface dramage structures, and the proposed method of dlsposmg of all run-off from the proposed subdIvIsIOn, and the locatIOn and SIze of all dramage easements ançl structures relatmg thereto, whether they are located wlthm or outsIde of the proposed plat (11) The locatIons of samtary sewers (other than septIc tanks), easements for electnc and gas hnes, and other surface and sub-surface structures showmg connectIOn~ to eXlstmg systems If apphcable, or proposals for developmg new water supply, storm dram age, and sewage dIsposal systems If apphcable (12) The nghts-of-way of streets, locatIOn or streets wlthm the nghts of-way, street wIdths, street names, and street desIgnatIOn pubhc or pnvate, where apphcable (13) A typIcal roadway cross-sectIOn showmg proposed street constructIOn wlthm the proposed fIght-of- way to mclude dramage desIgn, where apphcable (14) The lot hnes, lot and block numbers, and mlmmum bUIldmg setback hnes along s'treet nghts-of-way (15) Areas to be used for purposes other than reSIdentIal, If any, wIth the purpose, locatIOn, and dImensIOns of each mdlcated ' (16} The total acreage m the tract, acreage m pubhc or other land usage, average lot SIze, and total number of lots (17) A Hurncane EvacuatIOn Plan mcludmg a descnptIon and map(s) of the hUrrIcane evacuatIOn route from the subdlvlSlon to the nearest County shelter as deterrruned by the County CIVIl Preparedness OffIce, If the subdIvIsIOn or parts of It wIll be located on a barrIer Island The plan and map(s) WIll mclude the estImated vehIcle capabIlItIes, bndges and low elevatIOn pomts of subdIvIsIOn roads, the Wllmmgton/New Hanover County Unified Development Ordmance (July 7, 1999 Dr;:¡ft) 10 '( A TIN draft 4/14/03 projected maXImum SIze and geographIc dlstnbutIon of the populatIOn of the subdIvIsIon, and estImates of mobIlIzatIOn, travel, and queumg delay tImes for safe evacuatIOn of the populatIon ThIS plan and map shall be submItted wIth, but separate from the prelImmary plat Only two copIes of the hurncane evacuatIOn maps and plans need to be subillltted The map showmg evacuatIOn routes wlthm the subdIvIsIOn shall be at a scale not less than 1" = 400' The portIOn of the evacuation route from the subdIvIsIOn's outlet(s) to the nearest County shelter should be delmeated upon an offIcIal County Map CopIes of the plan shall be retamed by the Planmng Department and the CivIl Preparedness OffIce (18) The proposed locatIOn of planned thoroughfares as shown on the WIlmmgton Urban Area Thoroughfare Plan (19) A landscapmg plan, If applIcable, under SectIOn 67 of the New Hanover County Zonmg Ordmance (20) FIre Hydrants - The locatIOn and specIfIcatIOns for fIre hydrants and fIre access easements, If reqUIred, under SectIOn 52-8 (21) The approxImate delmeatIOn of Corps of Engmeers SectIOn 404 and SectIOn 10 Wetlands (10/99) (22) A traffIc Impact study must be completed pnor to the subilllttal of any prelIilllnary plan that WIll generate more than 100 tnps dunng the peak hour The study shall be prepared m accordance wIth Standards and GUIdelInes approved by the County (2/02) 32-3 Preliminary Plat Approval (1) (1) Upon the receipt of 10 copies of a properly submitted plan to the Planning Department along with the necessary comments and recommendations from the North Carolina DOT, the County Health Department, the County Engineer, the Board of Education, and other agencies and offices as may be deemed necessary or desirable, the Planning Director, the chairperson of the Planning Board or their appointees and the County Engineer and Fire Marshall or their designees along with a transportation representative from the Metropolitan Planning Organization shall meet to review the plans submitted Meetings of this Technical Review Committee shall be scheduled every two weeks as necessary Upon review and consultation with the Committee members and Plannlngßtaff, and after heanng comments from the applicant, If he so desires, and any other Interested person, the Committee shall either approve or deny the preliminary plat Following the Initial reView, the Committee shall have ten days In which to take action on the preliminary plat Failure to take action within the specified time shall be deemed as approved by the Technical Review Committee (4/6/87) (8/02) (2) Upon completion of the preliminary plat reView, the Technical Review Committee shall approve or disapprove the plat (a) If the preliminary plat IS approved, approval shall be noted on the plat se¡:»a- One pHAt copy of the plat shall be transmitted to the subdivider and tho BOPI;} another copy shall be retained by the Planning Department (4/6/87) (b) When a preliminary plat IS disapproved, the Planning Director shall specify the reasons for such action In wntlng One copy of such reasons and the septa plat shall be retained by the Planning Department and a pHAt ÇQQy of the plat with the reasons for disapproval shall be given to the subdivider If the preliminary plat IS disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat (4/6/87) Wllmmgton/New Hanover County Unified Development Ordmance (July 7, 1900 Draft) 11 .. A TIN draft 4/14/03 (c) DecIsions of the Technical Review Committee may be appealed to the Planning Board at which time they may affirm, modify, or supplement, the decIsion of the Technrcal Review Committee (7/6/92) (8/02) (d) DecIsions of the Plannrng Board may be appealed to the Board of County Commissioners at which time they may affirm, modify, supplement, or remand the decIsion of the Plannrng Board (8/02) (3) PreparatIOn of ConstructIOn DrawIngs (1/02) Upon approval of the prehmmary plan, the subdIvIder may proceed In accordance wIth the prehmmary plan as approved and the reqUIrements of thIS OrdInance In preparatIOn of Construction DrawIngs , (a) ConstructIOn Plans and drawIngs shall be submItted and approved by the county engIneer or other agencIes pnor to the InstallatIOn of any reqUIred Improvements (b) Followmg the InstallatIOn of the reqUIred Improvements the subdIvIder may proceed In accordance wIth the prelurunary plan ,as approved and the reqUIrements of the Ordmance In the preparatIOn of a fmal plat (b) No land-dlsturbmg actIvIty or tree removal may begm on any sIte subject to the provIsIons of thIS Ordmance untIl all applIcable County PermIts have been Issued (3/02) . 'i (4) NotIce of Appeal An appeal from a declSlon regardmg a prelIrrunary plat shall be hrruted to the apphcant, offIcIals or departments of New Hanover County, or persons wIth a sIgmfIcant IdentIfiable mterest In the proposed plan, greater than that of the pubhc at large, mcludmg but not hrruted to, adjacent property owners Such appeal must be submItted to the Planmng Department wIthIn 10 busIness days after the declSlon beIng appealed The notIce of appeal must be 10 a form prescnbed by the County Attorney and must state the alleged error the Planmng Board or Techmcal RevIew CommIttee made 10 reachIng the 'declslón bemg appealed and specIfy why 'the decIsIOn was 10 error The scope of the appeal shall be hrruted to those Issues IdentIfIed 10 the appeal form, unless perrrussIOn to make addltIOna~ arguments IS granted from the ChaIrman of the Board heanng the appeal (8/02) I- I I 32-4 BUIldIng PermIts Issuance (1/02) Subject to sewer aVaIlabIlIty, bUIldmg perrruts may be Issued after approval of ConstructIOn Plans Such prelImmary approval shall 10 no way alter the reqUIrements that the fmal plat be recorded 10 the offIce of the RegIster of Deeds pnor to the sale or lease of land or bUIldIngs wlthm the subdIvIsIOn Section 33 Final Plat (1) The subdIvIder shall submIt one angInal pnnt (drawn In Ink on fIlm or lInen not more than 21 x 30 Inches nor less than 8 1/2 x 11 mches) and three (3) additIOnal caples of the fInal plat to the Planmng Department (2) The subdIvIder shall subrrut a fmal plat for all o'r part of the approved prelImmary plan withIn 24 ! months of the prelImInary approval date 'If fmal plats are not subrrutted wlthm thIs 24-month tIme Wllmmgton/New Hanover County Unified Development Ordmance (July 7,1990 Draft) 12 l A TIN draft 4/14/03 lImIt, the plat must be resubmitted as a prehmmary plan m accordance wIth this Ordmance Otherwise, the prelImmary plan approval shall become v01d unless an extensIOn of time IS apphed for pnor to the eXpIratIOn of 24 months (5/5/97)(7/02) The Planmng Board may grant extenSIOI1S for an additIonal year not to exceed a total extensIOn time of 24 months (7/02) (3) The fmal plat shall conform substantIally to the prelImInary plan as It was approved, and shall comply specIfIcally wIth the provIsIons of SectIOn 47-30 of the North Carohna General Statutes and with the polIcIes of New Hanover County m regard to mappmg The fmal plat shall be prepared by a regIstered surveyor and/or engmeer, and shall be drawn at a scale of not less than one hundred (100) feet to one (1) mch 33-1 Contents of the Fmal Plat The fmal plat shall contam the followmg mformatIOn (1) The exact boundary lInes of the tract to be subdlVlded fully dImensIOned by beanngs and dIstances, and the locatIOn of boundary lInes of adJommg lands, with adjacent subdIvIsIOns IdentifIed by offICIal names (2) The accurate locatIOn and descnptIOns of all monuments, markers, and control pomts (3) SuffIcient engmeenng data to determIne readIly and reproduce on the ground every straIght or curved boundary Ime, street Ime, lot Ime, nght-of-way Ime, easement Ime, and setback Ime, mcludmg dImensIOns, beanngs or deflectIOn angles, radn, chords, central angles, and tangent dIstances for the center Ime of curved streets and curved property hnes, to an appropnate accuracy and m conformance wIth good surveymg practice ; (4) The wIdth, names and desIgnatIOns (pubhc or pnvate) of all proposed streets and the wIdth, purpose and desIgnatIOn of other nghts-of-way or easements whIch shall be properly located (5) The location, purpose, dImensIOns of areas to be used for purposes other than resIdential (6) The blocks numbered consecutively throughout the entire subdIvIsIOn and the lots nUIVbered consecutIvely throughout each block (7) The name of the subdIvIsIon, the owner, and the surveyor and/or engmeer prepanng the final plat (8) The date of the survey and plat preparatIOn, a north arrow, and graphIc scale (9) Any other mformatIOn consIdered by eIther the subdIvIder or the Planmng Department to be pertment to the reVIew of the fmal plat (10) The followmg certIfIcates, as applIcable, shall appear on the fmal plat (a) CertIfIcate of OwnershIp, DedIcatIOn, and JunsdIctIOn, sIgned (b) CertIfIcate of Accuracy and Mappmg, sIgned (c) CertIfIcate of Proposed SubdIvIsIon Road ConstructIOn Standards sIgned by the DIstnct Engmeer, North CarolIna Department of Transportation, DIvlSlon of HIghways when roads are to be dedIcated for publIc use (d) CertIfIcate of RegIstratIOn by the RegIster of Deeds of New Hanover County, unsIgned (e) CertIfIcate of DIsclosure - North Carolma Coastal Area Management Act (f) CertIfIcate of DIsclosure - New Hanover County Flood Plam Management (g) CertIfIcate of DIsclosure for Pnvate Developments (h) CertIfIcate of DIsclosure - Homeowner's AssocIation (1) CertIfIcate DIsclaImIng Water/Sewer SUltablhty Wilmington/New Hanover County Unified Development Ordmance (July 7,1099 Draft) 13 .. A TIN draft 4/14/03 (11) LocatIOn of Areas of EnvIronmental Concern as per the North Carolma Coastal Area Management Act Maps (12) LocatIOn of the 100 year flood area and coastal flood hazard V-zone as per New Hanover County's OffIcIal Flood Insurance Map, as amended 905-8 ('13) If the SubdIvIsIOn IS wIthm a ConservatIon Overlay DIstnct, locatIOns and types of conservatIOn resource areas shall be shown OffIcIal conservatIOn resource maps are aVailable at the County Planmng Department (12/84) (14) Surveyed delmeatIOn of Corps of Engmeers Federally regulated Wetlands (10/99) 33-3 Plannmg Department ActIOn The fmal plat shall be submItted to the Planmng Department for ItS approval The Plannmg Department shall reVIew the fmal plat for comphance wIth the reqUIrements of thIS ordmance, and any other speCIfIcatIOns whIch were agreed upon at the tIme of the reVIew of the prehmmary plat Approval shall be mdIcated m wntmg on the ongmal tracmg If the fmal plat IS êhsapproved, the reasons for dIsapproval shall be stated m wntmg DecIsIOns of the Plannmg Department may be appealed to the Board of County CormmssIOners DecIsIOns of the Board of County ComilllssIOners may be appealed to the Supenor Court 33-4 Recordmg of Plat After the affIxmg of all reqUIred sIgnatures (except CertIfIcate of RegIstratIOn by the RegIster of Deeds) the final plat shall be returned to the subdIvIder The subdIvIder shall fIle the approved final plat wIth the RegIster of Deeds of New Hanover County for recordmg wIthm mnety (90) days of the ~çlate of ItS approval by the County Planmng Staff or such approval shall be vOId unless an extensIOn of tIme IS granted by the County Planmng Staff Section 34 Minor Subdivisions Mmor subdIvIsIOns may be approved by the New Hanover County Planmng Department The subdIvIder shall subilllt one ongmal pnnt (drawn m mk on fIlm or lmen not more than 21 x 30 mches nor less than 8 1/2 x 11 mches) to the Plannmg Department The plat shall conform specIfIcally WIth SectIOn 47-30 of the North Carohna General Statutes WIthm three workmg days of Its receIpt of the plat, the Planmng "~Department shall eIther stamp the plan as an approved illlnor subdIvIsIOn, or notlfy toe subdIvIder that the ~ , ; plat falls to conform to the defImtIOn of a illlnor subdIvIsIOn Section 35 Water Supplv Watershed All subdIvIsIOns WhICh reqUIre an erosIOn and sedImentatIOn plan and/or 'reqUIre a Coastal Area Management Act (CAMA) major perilllt must be revIewed by the North Carohna DIvIsIOn of Water QualIty for comphance wIth the Water Supply Wate~shed ProtectIOn Rules (15A NCAC 2B 0200) and the.Coastal Storm Water Rules (15A NCAC 2H 1000) Wllmmgton/New Hanover County Umfled Development Ordmance (July 7,1090 Draft) 14 '-, A TIN draft 4/14/03 ARTICLE IV: DESIGN STANDARDS Section 40 General Provisions Any land area wIthm the JunsdIctIOn of thIs ordmance deemed by the County CormrusslOners to be unsUItable for resIdentIal occupancy shall be prohIbIted for subdIvIsIOn development The County CormrusslOners m makmg theIr determmatlOn shall be gUIded by an analysIs of aVaIlable data on topography, sods, flood plams, dramage, and ground and surface water Section 41 41-1 Specific Requirements The followmg desIgn standards shall be ll1lmmum reqUIrements, where other offIcIal engmeenng and publIc works standards and specIficatIOns are more stnngent, such hIgher standards shall be used (1) Alleys Alleys are Bet penrutted m resIdentIal dIstncts e*€ef* when the Techmcal RevIew COmIlllttee Planmng Board deterll1lnes specIal condItIons warrant a secondary means of access DesIgn standards for alleys that are permItted shall be approved consIstent wIth those recommended by the North Carolma Department of TransportatIOn, DIVISIOn of HIghways I' (2) Blocks Blocks shall be laId out wIth specIal attentIOn gIyen to the type of use contemplated (a) Block lengths shall not exceed one thousand four hundred (1,100) feet or be less than four hundred (100) feet (b) Blocks shall have a suffIcIent wIdth to allow two (2) tIers of lots of mmImum depth Blocks may consIst of smgle tIer lots v¡here such are reqUIred to separate resIdentIal development from through vehIcular traffIc or nonresIdentIal uses (2) Blocks Blocks wIthm all subdIvIsIOns shall comply wIth the standards of thIS subsectIOn (a) General The lengths, wIdths and shapes of blocks shall be deterll1lned wIth due regard to provIsIon of adequate bUIldmg sItes sUItable to the specIal needs of the type of use contemplated, zonmg reqUIrements as to lot SIzes and dImensIOns, needs for vehIcular and pedestnan cIrculatIOn, control and safety of street traffIc, lIll1ltatIons and opportumtIes of topography, and convement access to publIc recreatIOnal areas Wilmington/New Hanover County Unified Development Ordmance (July 7,1900 Draft) 15 A TIN draft 4/14/03 (b) Block Length Blocks shall not exceed 1.000 feet m length (c) Block WIdth Blocks shall have suffIcIent WIdth to allow 2 tIers of lots of nummum depth, except where smgle tIer lots are reqUIred to separate resIdentIal development from through vehIcular traffIc, to separate the lots from another type of use, to provIde for uncongested traffIc flow, to allow for unusual topographIc condItIOns or m mstances where saId lots are adJacent to subdIvIsIOn pen meter property lInes (d) Pedestnan Access Where deemed necessary by the Techmcal RevIew CommIttee, a pedestnan access at least 15 feet m wIdth may be reqUIred through a block or connectmg streets or cul-de- sacs to provIde convement publIc access to a publIc or common area such as a park, open space area, school or a water area I ¡ l, I (3) Buffer Stnps l. buffer stnp as much as fIfty (50) feet m depth, m addItIOn to the normal lot depth, may be reqUIred m resIdentIal subdIYlSIOnS adJllcent to raIlroads, IUlllted access hIghviays, and commerCIal or mdustnal developments The stnp shall be part of the platted lots, but shall have the follo'.vmg restrIctIOn lettered on the face of the plat "ThIs stnp reserved for screen plantlllg by the owner, the bUIldmg of structures hereon IS prohIbIted" The buffer at a Illimmum, shall comply ViIth the provISIOns m SectIOn 67 of the ZOnIng Ordmance ~; Buffer Easements The County may reqUIre an easement as much as 50 feet m depth":'m addItIon to the normal lot depth, for subdIvIsIOns adJacent to raIlroads, maJor streets, hIghways and thoroughfares, and between varIOUS types of developments ThIs easement shall be part of the platted lots, but shall have the followmg restrIctIOn notIce on the face of the plat "Tills easement IS establIshed for the purpose of the plantIng of trees or other types of vegetatIon or the-preservation of eXiStIng vegetatIon, the erection of structures hereIn and through access by motorIzed velucles IS proillbIted " ~ Buffers must comply wIth the Landscapmg provlSlons m SectIOn 67 of the ZOnIng Ordmance 907-4 (4) BUIldmg Setback Lme The mInImUm bUIldmg setback or the dIstance between the street rIght-of-way and the bUIldmg lIne shall not be less than that prescnbed m the ZOnIng Ordmance for the County of New Hanover for the approprIate zone or zones m whIch the subdIvIsIon eXIsts (5) Easements UtIlIty and other casements shall be provIded as follows SubdIvIders of all subdIvIsIOns shall comply wIth the easement standards of thIS subsectIOn (a) The Illinll1Hlm reqUIred draIllage casement \VIdth for an open draIllage way WIll be the '.vIdth across the top of the bank of the draInage '.va)' III fIve (5) foot Illcrements 'NIth an addItIOnal ten (10) foot maIlltenance area on one sIde of the open draIllage '.vay The casement, Illcludmg the maIntenance area, wIll be umform III wIdth as set by the maXImum depth and flattest sIde slope Wilmington/New Hanover County Unified Development Ordinance (July 7, 1000 Dr:Jft) 16 'f ATTN draft 4/14/03 for that sectIOn and subject to approval by the County Engmeer The I11lmmum reqUIred dram age easement '.vldth for closed (pIped) draInage '.val's W]11 be t\VO (2) times the depth of the pIpe or condUIt In five (5) foot mcrements with an additional ten (10) foot mamtenance areas on one side of the dram age '.val' The easement, IncludIng the mamtenance area, vnll be umform m wIdth as set by a maximum depth of the mvert for that sectIOn and subject to approval by the Count)' Engmeer (11/3/97) (0) Generally Utlhty nghts-of-way for storm sewers, samtary sewers. or water mams shall be separate and distInct from any bUIldmg area on a lot. and shall be separate from the lot or located along the lot hne, or entirely on a lot, as deemed necessary by the County Engmeer 907 Easements up to thIrty (30) feet or more m wIdth wIll be reqUIred for gravIty sewer hnes and not less than fifteen (15) feet for water hnes, other underground and above ground pubhc utihtles, or for piped dram age faCIhties Shallow swale easements along the penmeter of lots may be less than thIrty (30) feet provided they are approved by the County Engmeer (9/5/95)(11/3/97) (b) Dramage Easements Where a subdivIsIOn IS traversed by a watercourse or dramage way, an easement shall be mdlcated on all plats of the subdivIsIOn Such easement shall conform substantially wIth the hnes of the watercourses or dramage ways and shall be of sufficIent width as determmed by the County Engmeer to be adequate for mamtenance purposes The County Engmeer m his discretion. may reqUIre the subdIvIder to convey easements to the CIty or county provldmg access to and along watercourses or dramage ways traverSIng the subdIvIsIon for the purpose of maIntammg such watercourses or dramage ways (c) Utility Easements Electncal and commUnIcation utility easements may be reqUIred along: penmeter lot hnes for underground or aboveground pubhc or pnvate utihties The wIdth of such easements shall be based upon the type of utihty mstalled per the desIgn specIficatIOns and the area reqUIred for adequate mamtenance of saId utilitIes It IS recommended that electnc power and commUnICatIOns serVIces be placed underground 907-3 (b) Easements up to thIrty (30) feet or more m \Vldth "vIll be reqUIred for gravIty seVier lmes and not less than fifteen (15) feet for water lmes, other underground and above ground public UtihtlCS, or for piped dram age faclhties Where practical, subdIvIsIOns shall be designed m such a manner that lots may be served from the rear utihty easements (3/9/88) (c) SubdIvIders are encouraged to place all electncal and telephone Imes underground ¡ Wllmmgton/New Hanover County Umfled Development Ordmance (July 7,1909 Draft) 17 A TIN draft 4/14/03 . (d) Deeds of Easement Easements to be dedIcated to the CIty or county for the operatIOn, use, replacement and maIlltenance of publIc open space and publIc ut¡]ItIes, IllcludIllg but not lImIted to water mams, sallltary sewer maIllS, storm water management faCIlItIes, and all appurtenances, together wIth the means of access to them, shall be dedIcated for the publIc use by a separate deed of easement If such easements are correctly and adequately descrIbed on the fIllal subdIvIsIon plat, the easements may be descrIbed III the separate deed of easement by reference to the recorded 'fIllal plat The approprIate governIllg body shall ascertam that the easements are correctly and adequately descrIbed on the fIllal plat The deed of easement shall be m the format as determmed and approved by the CIty or County Attorney All utIlItIes, appurtenances and facIlItIes wIthIll the easement to be dedIcated shall be constructed to the speCIfIcatIOns of the CIty or county, ,and WIll remaIll the property of the subdIvIder untIl offIcIally accepted for operatIOn, use and maIlltenance as part of the county or CIty'S system OffIcIal acceptance shall be by resolutIOn of the approprIate GovernIllg Body The deed of easement shall be recorded wIth the New Hanover County RegIster of Deeds 907-5 (6) Lots Lots shall be laId out as follows 905 (a) (b) (c) (d) , (e) If' j~ '" (f) Lot SIzes, shapes and locatIOns shall be made wIth due regard - to topographIc condItIOns, contemplated use, and the surroundIllg area Every conventIOnal resIdentIal lot (as defmed III the ZOlllng OrdIllance) shall front a publIc or prIvate street for a dIStance of at least 10 foet Lots III subdIvIsIOns that have been zoned by the County ComnussIOners ~hall not be less III wIdth, depth or area specIfIed III the New Hanover County ZOlllng OrdIllance for the approprIate zone or zones III whIch the subdIvIsIon eXIsts Corner lots shall have wIdth sufficIent to perrmt adequate bmldIllg setback from sIde streets or drIveways for commercIal lots Double frontage or reverse frontage lots shall be aVOIded except '.vhere necessary to separate resIdentIal development from through traffIc or nonresIdentIal uses ' SIde lot lInes shall be substantIally at rIght angles or radIal to street lInes Where sIde lot lInes Illtersect at the rear of the lot, the angle of IlltersectIOn should not be less than 60 degrees In no Illstance shall the length of mtrIfIcatIOn lInes (septIc tank dram fwld) for a rosIdentIallot be less than the SIze deterrmned to be adequate by the New HaflOyer C0':lnty EnvIronmental Health Department after IllvestIgatlOn of sOli COndItIons, proposed IlldIvIdual dIsposal system, and depth of ground ',vater Lots should not have a depth greater than 4 tImes th~ mean WIdth 905 (q) Each lot of a subdIvIsIon shall mdlVldually abut or be adJacent to an approved publIc or approved prIvate street or prIvate access easement Condormmum and townhouse- style subdIvIsIOns may be exempted from thIS reqUIrement at the dIscretIOn of the Techlllcal RevIew CommIttee, provIded that m all cases each mdIvIduallot shall be assured safe and reasonable vehIcular access to and from an approved street Wllmmgton/New Hanover County Unified Development Ordmance (July 7,1000 Draft) 18 · ~. '. AnN draft 4/14/03 (7) Streets (a) Mmor 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 pnvate m accordance wIth N C General Statute 136-102 6 by the subdlVlder who shall then comply wIth the reqUirements of saId General Statute and shall subrmt concurrently wIth the fInal plat all dIsclosure statements reqUired by saId General Statute (c) When a planned subdIvIsIOn IS adjacent to an artenal or pnmary street, a margmal access street may be reqUired to provIde access for lots frontmg on the artenal or pnmary street (d) Proposed streets '.",hlch are ObvIOl:lsly In alIgnment ','lIth other eXIstIng and named streets shall bear the assIgned name of the eXIstIng streets In no case shall the name for proposed streets duplIcate or be phonetIcally sIrmlar to eXlstmg stroet names m tillS or other subdIvIsIOn m NevI Hanoycr County All streets that are m alIgnment wIth other eXIstIng and named streets shall bear the eXIstIng street name Names of proposed streets or subdIvIsIOns shall not duplIcate or be phonetIcally sIrmlar to eXIstmg street names No proper names can be used It shall be the responsibIlIty of the subdIvIder to erect officIal street name sIgns at all IntersectIOns assocIated wIth the subdIVISIon m accordance wIth the Addressing Standards and Procedures Manual The subdIvIder may acqUire and erect offIcIal street name sIgns or may choose to contract wIth the CIty or county to mstall the street sIgns and the subdIvIder shall pay the cost of such InstallatIOn 908 (e) Access to Adjacent PropertIes The arrangement of streets In proposed subdIvIsIOns shall make provIsIOns for the contInUatIOn of eXlstmg streets In adjoInIng areas or theIr proper projectIOn where adJoInmg land IS not subdIvIded and where they may be deemed necessary for publIc reqUirements For large subdIvIsIOns adjacent to large tracts of un subdIvIded property, street projectIons shall be reqUIred mto the adjacent unsubdlvlded tracts at a maXImum dIstance of every 1000 feet The street arrangement shall be such as not to cause a hardshIp to owners of adjommg property when developed and when they seek to provIde for convement access thereto The use of resIdential stnps of land m order to prevent the extensIon of proposed or eXIstmg streets or access thereto IS prohIbIted The street pattern shall be such as to cause no hardshIp m the subdlvldmg of adjacent propertIes The dedIcatIOn of a street nght of '.vay may be reqmred In order to facIlItate the deyelopment of adjOlmng propertlCs Reserve stnps '.vhIch control access to adjacent property shall not be pernntted (f) Street ConneCtIvIty ReqUIrements Wllmmgton/New Hanover County Unrfled Development Ordmance (July 7, 1999 Draft) 19 ) A TIN draft 4/14/03 The CIty of WIlmmgton and New Hanover County hereby de term me and recogmze tha.t an mterconnected street system IS necessary to order to protect the publIc health, safety and welfare 10 order to ensure that streets wIll functIOn 10 an mterdependent manner, to provIde adequate access for emergency and serVIce vehIcles and enhance nonvehlcular travel such as pedestnans and bIcycles and to provIde contmuous and comprehensIble traffIc routes {For reference, see InstItute for TransportatIOn Engmeers, ITE TransportatIOn Flannmg CouncIl COl11ill1ttee 5F-8, TradztlOnal Nel~hborhood Development Strèet Design GUidelines (June 1997) } All proposed streets shall be contmuous and connect to eXlstmg or platted streets wIthout offset wIth the exceptIOn of cul-de-sacs as permItted and except as provIded below The street network for any subdIvIsIOn shall achleve a connectIvIty ratIO of not less than 1 40 (See Example FIll In later) The phrase "connectIvIty ratIO" means the number of street lInks dlvlded by the number of nodes or lInk ends, mcludmg cul-de-sac heads Æ "lInk" means and refers to that portlOn of a street defmed by a node at each end or at one end Approved stubs to adlacent property shall be consIdered lInks However, alleys shall not be consldered lInks A "node" refers to the terrrunus of a street or the mtersectIOn of two (2) or more streets, except that mtersectlOns that use a roundabout shall not be counted as a node For the purposes of thIs sectIOn, an mtersectIOn shall be defmed as any curve or bend of a street that falls to meet mmlmum curve radIUs m accordance wlth NCDOT SpecIflcatIOns or any 10catlOn where street names change (as revlewed and approved by the Techmcal Review COl11ill1ttee (TRC)) f I, For purposes of thIS subsectIOn, the street lInks and nodes wlthm the collector or thoroughfare streets provldmg access to a proposeö subdlvlsIOn shall not be consldered m computmg the connectlvlty ratIo I ResIdentIal streets shall be desIgned so as to rrummlZe the block length of local streets, to provIde safe access to resIdences wIth rrummal need for steep dnveways and to mamtam connectIvIty between and through resIdentIal neIghborhoods for autos and pedestnans ~.. I Where necessary to provIde access or to perrrut the reasonable future subdIvIsIOn of adlacent , land, nghts-of-way and Improvements shall be extended to the boundary of the development A temporary turnaround may be'reqmred where the dead end exceeds 500 feet m length The plattmg of partIal Wldth nghts-of-way shall be prohIbited except where the remamder of the necessary nght-of-way has already been platted, dedIcated or establIshed by other means New subdlvIslOns may be exempt from the connectIvIty ratIo standard as set forth m thlS sectIOn, provIded the appropnate revlewmg agency deterrrune there IS no optIOn for provldmg stub streets or connectIvIty due to eXlstmg documented envIronmental features such as wetlands or natural water bodIes or eXlstmg adlacent developed property 920-9 Wllmmgton/New Hanover County Umfled Development Ordmance (July 7,1009 Draft) 20 A TIN draft 4/14/03 (g) IntersectIOns Street IntersectIOns shall be lmd out as follows 1 Streets shall Intersect as nearly as possIble at nght angle and no street shall Intersect at less than seventy-fIve (75) degrees 2 IntersectIOns wIth a major street shall be at least eIght hundred f8OO1 1000 feet apart measured from centerlIne to centerlIne 3 Where a publIc or pnvate street mtersects a US or N C numbered hIghway, or a N C secondary road, the IntersectIOn desIgn shall be In accordance wIth the standards of the N C Department of TransportatIOn, DIvIsIOn of HIghways 4 Street Jogs wIth centerlIne offsets of less than one hundred t\",enty fIve (125) 200 feet shall be aVOIded ProhIbIted (g) Culs de sac shall not exceed onc thousand feet In length, measured from the centerlInBs of tho mtersectIng streets to the centerpoInt of the turnaround radIUs (h) Cul-de-Sacs A street desIgned to be permanently closed at one end shall have a permanent cul-de-sac at the closed end, the nght-of-way and pavement of whIch shall meet the reqUIrements specIfied by NCDOT Cul-de-Sacs shall not be longer than 500 ft Longer Cul-de-sacs may be authorIzed provIded the appropnate reVIeWIng agency deterrrunes there IS no optIOn for provIdIng stub streets or connectIvIty due to eXIstIng documented envIronmental features such as wetlands, natural water bodIes, topographIcal features, envIronmental condItIons or physIcal condItIons such as property shape, property accessIbIlIty, or land use relatIOnshIps 920-11 (1) Street ProlectIOns Where there are lots frontmg street prolectIOns to adlacent propertIes and serVIces are reqUIred, a temporary turnaround shall be constructed at the end of the street at the property lIne. smd turnaround to be constructed In accordance wIth NCDOT SpecrficatlOns 1 Where there are no lots frontmg street prolectIOns to adlacent 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 SvecificatlOns 2 The County shall reserve the rIght to reqUIre or not to reqUIre the partIal or total ImtIal constructIOn of street prolectIOns to adlacent propertIes, or to reqUIre guarantee of constructIOn of all or part of such street prolectIOns at a later tIme by provlSlon of surety m the form of cash, letter of credIt or other method acceptable to the county 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 nghts-of-way needed for a temporary turnaround at the end of the street prolectIOns to adjacent propertIes shall be In the form of temporary easements or nghts- of-way reserved by the subdIvIder It IS the mtentIOn that upon extensIOn of the street Into the adlacent property the reqUIrement for a cul-de-sac wIll cease and that the temporary nght-of-way granted for the cul-de-sac constructIOn WIll revert to the adjacent property owner Wllmmgton/New Hanover County Unified Development Ordmance (July 7, 1999 Draft) 21 , A TIN draft 4/14/03 (1) 5 Street prolectlOns proposed for access to adlacent properties shall have temporary turnarounds mstalled m accordance with this chapter and NCDOT SvectficatLOns 920-10 Temporary Vehicle Turnarounds In phasIng the constructIOn of street Improvements within approved subdivIsIOns, the developer must make provIsIOn for vehicle turnarounds at the end of street constructIOn for each phase '. If the street end of a particular planned phase of development IS wlthm a distance of 250 lInear feet, more or less, from the next planned mtersectlOn m a succeedIng phase, the developer will be reqUired to construct the street to, and complete all Improvements wlthm, the mtersectlOn m accordance with reqUirements for completed intersections, Includmg barncades, as specIfied by NCDOT The completed mtersectlOn will then serve as a vehicular turnaround 920-12 ..¡ Stub Streets When a stub street to the property IUles of a subdivIsIOn IS reqUired pmsuant t8 .^.rtlcle ,IV, SectIOn 11 1(7) the stub street shall be Improved as follows 1 Public streets If the streets In the subdivIsIOn are public, stub streets shall be constructed In accordance ','nth the mInInIDm reqUirements of the North Carolina Department of TransportatIOn Such Improvements shall extend mto the stub street no less than the full ,vldth of the mtersectmg fight of way (5/01) ,', 2 Pflvate Streets If the streets In the subdivIsIOn are pflvate, stub streets need not be bUilt pflor to ápprO'lal of the 'subdlY1slOn pro'nded that the applicable Homeowners .^.ssocllltlOfl shall construct stub streets pflor to offeflng any connectmg streets for acceptance and maintenance by the North CarolIna Department of TransportatIofl (6/16/86) (I) Dead End Streets .^.ll dead end streets, excluding stub streets as speClf10d m (h) 1 and 2 above, shall be constructed ,'11th a cuI de sac ',vlth a Ill1mmum radIUs of 10 feet (31 foot pavement radIUs) or other paved turnarouHd as approved by NCDOT If the dead eRd street abuts undeveloped property and access to that parcells needed to facIlItate ItS development, the turnaround shall be platted so that a road connectIOn to the adJolmng property can be made The cuI de sac or turnaround may be removed once the street IS extended to adjacent property (2/3/92) , , i ' , (k) When a lot or lots within a subdivIsIOn abut an eXisting public street, highway or thoroughfare, the subdivider shall be responsible for the installatIOn of all Improvements to that portIOn adlacent to and which IS to 'be utilIzed by that subdivIsIOn 920-1 (I) Traffic Control Devices The city or State shall mstall traffic signals, traffic signs and dead-end barncades and markmgs In accordance with the standards of the city or state The subdivider shall pay to the city or state the costs assoCiated with the mstallatlOn of dead-end barncades and markmgs 920-13 Wllmmgton/New Hanover County Unified Development Ordmance (July 7, 19GG Draft) 22 A TIN draft 4/14/03 (8) Street Trees If street trees are planted they shall be planted mSIde the property lInes where they are less subject to mJury, decrease the chance of accIdents, and enJoy more favorable condItIOns for growth Trees m Islands wIthm dedIcated nghts-of-way are excepted f9j SubdIVIsIon Names In no case shall the name for a proposed subdIvIsIOn duplIcate or be phonetIcally sundar to eXIstmg subdIvIsIOns m New Hanover County SubdIvIsIOn names shall not duplIcate or be phonetIcally sImIlar to eXIstIng development or subdIvIsIOn names wlthm the CIty or county except where they are addItIOns to eXIstmg developments 903 (lO)EvacuatIOn Access DeSIgn Roads wIthm the subdIvIsIOn must be desIgned to provIde suffIcIent capacIty for safe and tImely evacuatIOn of resIdents m case of a hurncane If the subdIvIsIOn or parts of It are located m a V -zone Factors mvolved m determmmg the safety and tImelIness of evacuatIOn mclude the presence of low pomts, bndges, or other evacuatIOn route bottlenecks, and vehIcle capacItIes of the roads 918-3 (11 )Barner, RIvenne and Estuanne Islands SubdIvIsIOns that are located on nvenne, estuanne or barner Islands that are not connected to the mamland by a permanent network of roads and bndges shall establIsh a communIty boatmg facIlIty on the Island and on the mamland wIth the number of spaces m each facIlIty bemg equal to or greater than the total number of lots 918 .; (12) Waterfront Access SubdIvIsIOns that are located on nvenne or estuanne barner Islands wIth lots con tamIng beach front, nver front or sound front property shall dedIcate suffIcIent property to ensure publIc access to the beach and sound Such access shall not be less than 10% of the beach frontage and 5% of the sound frontage and shall be spaced at Intervals of no more than 1000 feet Access ways shal1 not be less than 15 feet m wIdth These facIlItIes shall be approved by and dedIcated to New Hanover County or the State and shall be dIrectly accessIble to a publIc road DedIcated streets WhICh run to the mean hIgh water lIne may count toward meetIng these reqUIrements 918-2 (13) TransIt FacIlItIes TransIt system facIlItIes (to Include turnout lanes, shelters, sIgns and markIngs), as desIgnated by the County, may be constructed, provIded and mstalled In accordance wIth Technical Standards and SpeclficatlOns and acceptable traffIc engmeenng specIfIcatIOns and standards 914 ARTICLE V: IMPROVEMENTS Section 50 50-1 In General SubdIvIsIons may be developed by sectIOns Each sectIOn shall be subnutted as a fmal plat to be recorded In the offIce of the RegIster of Deeds 50-2 Improvements (1/02) Wllmmgton/New Hanover County Unified Development Ordmance (July 7, 1099 Draft) 23 I A TIN draft 4/14/03 FolloWIng approval of the prelImmary plan, the sub-dlVlder shall sublTIlt to the County EngIneer and other appropnate State and local agencIes desIgn and constructIOn plans for the InstallatIOn of the Improvements as reqUired by the Ordmance and other specIfIcatIons and polICIes of New Hanover County 50-3 Upon satIsfactory completIOn of the constructIOn plans, the County EngIneer shall Issue an approval letter for the InstallatIOn of the reqUired Improvements In accordance wIth the approved plans and the desIgn standards speCIfIed In thIS OrdInance The Planmng Department, In conjunctIon wIth the appropnate agencIes shall review and approve all reqUired Improvements pnor to the FInal Plat beIng approved (1/02) 50-4 Improvements withIn all subdIvIsIOns shall be Installed and desIgned In accordance wIth the standards of thIS artIcle and such other techmcal standards and speCIfIcatIOns as' have been adopted by New Hanover County or other entItIes WIth responsIbilIty for providIng facilItIes and serVIces Whenever topographIc or other physIcal condItIOns of the sIte reqUIre more stnngent engIneenng practIces or standards, such standards and practIces shall be utIlIzed and followed In the desIgn of a subdIvIsIOn AHy- land area deemed by the GO'lermng Body to be unsUItable for residentIal occupancy shall be prohibited for subdIvIsIOn development In makmg Its determmatIOn, the Govermng Body shall be guIded by an analysIs of available data on topography, sOlIs, flood plaIns, draInage, and ground and surface water 001~ ' (1) Access All publIc agencIes shall have access to the premIses and structures of a subdIvIsion dunng reasonable hours to make those InSpectIOns as deemed necessary by them to ensure complIancê wIth the provIsIOns of thIS artIcle (2) InspectIOn , , Pnor to commencmg any work wIthIn the subdIvIsIOn the subdIvIder shall make arrangements wIth those publIc agencIes charged wIth the enforcement of the prOVISIons of thIS article to provIde for adequate InSpectIOn of the Improvements , ~ (3) ErosIOn Control & Stormwater Management , The subdIvIder shall cause all gradIng, excavatIOns, open cuts, sIde slopes and other land surface dIsturbances to be mulched, seeded, soded or otherwIse protected to comply wIth C\rtIcle XI, SectIOns 1102 & 1103) the approved SedImentatIOn and ErosIOn Control Plan for the sIte (4) Water OualIty Improvement The subdIvIder shall pursue an approved plan for the control and Improvement of surface water ongmatmg from ram fall runmng from ImpervIOus surfaces created wIthm the development wherem surface water exItmg the sIte shall not exceed m volume or talling the ';olumes or -t:Hffi.fig that eXIsted prIor to development Such works, WhICh may consIst of vegetated swales and retentIOn structures, may be desIgned m concert wIth those facIlItIes reqUired under the approved SedIment and ErosIOn Control Plan, a~d m accordance with the Techmcal Manual and ,^.rtIcle XI, SectIOns 1102 & 1103 Storm Water DesIgn Manual and SpecIf'icatlOns (5) EXlsttnq Flora Wllmmgton/New Hanover County Unified Development Ordmance (July 7,1000 Draft) 24 , , 4/14/03 The subdIvIder shall make every effort practIcally possIble to protect and retam all eXIstIng vegetatIOn not actually hVIng m publIc roadways, , bUIldmg foundatIOn sItes, prIvate dnveways, paths and trads EXIStIng trees shall be Identified as prescrIbed m the landscapmg SectIOIl 67 (Article X. SectIOn 1002) of thIS of the Zomng OrdInance and shall be protected and preserved dUrIng constructIOn In accordance with sound conservatIOn practIces Temporary vegetatIOn and mulchIng shall be used to protect crItIcal areas, and permanent vegetatIOn shall be Installed as soon as practical 901-2 Section 51 51-1 Guarantees of Improvements Fmal plats of a subdIvIsIOn shall be approved by the Planmng Department after the subdIvider has comphed wIth one (1) of the folloWIng reqUIrements (1) All reqUIred Improvements have been Installed In accordance wIth the reqUIrements of thIS ordInance, or (2) A bond or certIflCd check has been posted, whIch IS aVailable to the County, and In suffIclCnt amount to assure InstallatIOn of the reqUired Improvements The amount of the bond shall be subl11:ltted by the subdIvIder and revIewed and determIned for suffIcIency by the County EngIneer (6/86) (3) An Irrevocable letter of credIt Issued by a bank In a form approved by the County l\ttorncy, or a deposIt of fURds In escrow, may be accepted In heu of bond under the same terms and condItions apphcable to bonds, 51 2 No surety or portIOn thereof, as provIded for In thIS sectIOn, shall be released by the County EngIneer until all Improvements have been Installed, Inspected and approved, and until all reqUired certIfIcatIOn of such approval has been presented to the County (6/86) (2) Except In the case of MInor SubdIvIsIOns, subdIvIders may provIde a fInancIal guarantee In beu of constructIng Improvements If the total cost of the Improvements and adrrumstratIOn does not exceed $100,000, and 25 percent or more of the total value of Improvements wIthIn the subdIvIsIOn have been Installed The surety hrrut stated In thIS sectIOn shall be adlusted annually, accordance wIth an approprIate estabhshed Index, as approved by the City and County Attorney (a) Cost Estimates The subdIvIder shall furnIsh bona fIde estimates of the subJect Improvements for verIfication by the County EngIneer Upon approval of the cash or Irrevocable letter of credIt by the County, the subdIvIder shall deposit wIth the County the amount specIfied by the County EngIneer In the form of cash, cash eqUivalent, or Irrevocable letter of credIt (b) Release of FInancIal Guarantee No surety or portIOn thereof, as provIded for In thIS sectIOn, shall be released by the County EngIneer until all Improvements have been Installed, Inspected and approved, and until all reqUired certIfIcatIOn of such approval has been presented to the County (c) ForfeIture of FInanCIal Guarantee If the sublect Improvements are not Installed and approved withIn 6 months of the county engIneer's approval of the surety, or wIthIn the lIfe of the surety, the County shall have the absolute rIght to utIhze the funds avaIlable under the surety for completIng the Improvements as Wilmington/New Hanover County Unified Development Ordmance (July 7, W90) 25 4/14/03 " I " Section 52 52-1 such improvements were approved by the approprIate govemmg agency PrIor to the award of a contract for the mstallatIOn of improvements by the county, the subdivider shall deposIt funds wIth the county sufflclent to pay any costs ill excess of the surety whIch are necessary for completIOn of the reqUIred Improvements (1) Use of Remammg Funds .: In the event the approprIate govemillg agency uses funds aVaIlable under the surety for the completIOn of the reqUIred Improvements, any funds remammg upon completlOn of the Improvements shall be refunded to the subdivIder (2) Inadequate Funds AvaIlable In the event the approprIate govermng agency uses funds avaIlable under the surety for the completIOn of the reqUIred Improvements and It IS determmed dUrIng the InstallatIOn of such Improvements that the surety IS InSUffIcIent to pay all costs, the subdivIder shall pay the county all amounts over and above the approved surety as are necessary to complete the reqUIred Improvements Any such amounts reqUIred to be paId by the subdIvIder to the county shall be m the nature of a debt owed by the subdIvider to the county, and if not paid withIn 30 days of demand by the approprIate govemmg agency, the County shall have the rIght to secure the amount due m a CIVIl actIOn (3) Interest on Funds " Any mterest earned on funds deposIted as surety shall not be refunded to the subdivider and shall be retamed by the county Required Improvements Permanent Monuments , Permanent monuments shall be placed at one or more corners of the subdIvisiOn to be desIgnated as control ) comers accordmg to street desIgnatIOn, pubhc or prIvate, as follo'.vs (1) Pubhc Streets Permanent monuments shall also be placed at the pomt of mtersectiOn on the centerlInes of mtersectmg streets and at the pOInt of IntersectiOn of the tangents or curves when such pomt hes completely ..vithIn the payement of the proposed street OthenvlSe, monuments shall be placed on the centerlIne at the pomts of curvature and also at the pOInts of tangency of all curved areas '.",hich are to be dedicated for street purposes Such monuments shall be set nme (9) mches beio'.v the fImshed grade of pavement f~ metal castmg of approved type shall be mounted over said monument w~th its base flange mounted on a bnck foundatiOn ...nth mortar JOInts of at least two (2) cOl:lrse thIckness, the 'top of '.VhICh must be a mInlllRlm of one and three quarter (1 3/1) Inches hIg~er than the highest pOInt of the monument Permanent monuments shall be either of stone or concrete They shall be at least thIrty (30) mches m length, SIX (6) mches m dHÏmeter, and shall have a metal pm or punch marked meta,l plates Imbedded thermn markmg the pOInt represented on the fmal plat The locatiOn of all monuments shall be shown on the fmal plat Wllmmgton/New Hanover County Umfled Development Ordmance (July 7, 1000 Dr~ft) 26 4/14/03 (2) Pnvate Streets I.ll monumentatIOn shall be m complIance 'liIth North CarolIna General Statute 17 30 as amended (1) Permanent Monuments - Unless prevIOusly eXIstIng, a mInImUm of two (2) permanent control monuments of stone or concrete shall be placed at the pOInt of IntersectIOn on the centerlIne of IntersectIng publIc or pnvate street nghts-of-way or at the pOInt of IntersectIOn of the tangents of curves when such pOInt lIes wIthIn the pavement of the proposed street OtherwIse, mOIluments may be placed on the centerlIne at the pOInts of curvature and at the pOInts of tangency of curves whIch are to be dedIcated for street purposes A table of dImensIOns, or dImensIOn between control monuments, shall be shown on the map Metal castIngs or access boxes for the control monuments mentIOned above shall be placed In the pavement pnor to release of final sun tIes for road constructIOn or final approval of road constructIOn (Reference G S 39-32 1) 1 (a) Such monuments shall be set mne (9) mches below the fInIshed grade of the pavement A metal castmg of approved type WIll be mounted over saId monument wIth Its base flange mounted on a bnck foundatIOn wIth mortar Jomts of at least two (2) course thickness, the top of whIch must be a mInImum of one and three-quarters (1%) mches hIgher than the highest pOInt of the monument Permanent monuments shall be at least thirty (30) mches m length, SIX (6) Inches m dIameter and shall have a metal pm or punch-marked metal plate embedded therem markmg the pomt represented on the final plat (b) In addItIOn to the two (2) reqUired Control Monuments, a control pOInt (I e raIlroad spIke, P K nail, lIon rod, rebar etc ) shall be set at all other centerlIne IntersectIOns, pomt of curvature, and pOInts of tangency prIor to recordatIOn In the event that these pOInts are destroyed dUrIng InItIal prolect constructIOn, It shall be the developer's responsIbilIty to have SaId pOInts replaced In their ongInal hOrIzontal posItIOn 904-1 52-2 Lot Comers All lot comers, other than those marked by permanent monuments as herem descnbed, shall be marked by metal stakes not less than three-quarter (3/4) mches m dIameter, nor less than two and one-half (2 Y2) feet m length 52-3 Sewage DIsposal and Water Supply The subdIvIder shall submIt to the Plannmg Department along v,'lth the fmal plat a lettcr of approval of viater supply and se'Nage dIsposal system sIgned by the appropnate authorIty The subdIvIder shallmstall these facllIt10s m accordanco with the approved plans PrIor to fmal plat approval, the subdivider shall design and mstall a se'Nage collectIOn system provldmg serVICO to each lot located wIthm the Sewer DistrIct of Ne'.v Hanover County, provided that thIS design and mstallatIOn rcqUlremcnt shall not apply to mInor subdivIsIOns 'NhIch are served by a) streets presently scheduled for County seVier InstallatIoA, or b) streets '.",hlch the COUAty EngIneer proJccts to be scheduled In future phases (12/7/87) Wilmington/New Hanover County Unified Development Ordmance (July 7, 1000 Draft) 27 4/14/03 .;, (1) Water Supply All subdIVIsIOns 'shall be connected to the water system of the applIcable local governmental entIty In order to provIde water to every lot wIthIn the subdIvIsIOn MaIns shall be constructed In accordance wIth establIshed standards and polIcIes Water connectIOns shall be constructed under the superVISIOn and approval of the appropnate govermng body If a connectIOn cannot be made to the local governmental entIty's water system, the subdIvIder shall subffilt to the appropnate govermng body along wIth the PrelImInary Plat a letter of approval of water supply sIgned by the approprIate authonty The subdIvIder shall Install these facIlItIes In accordance wIth the approved plans 912 (2) Sewer CollectIOn An subdIvIsIOns shall êonnect ro the sewerage system of the applIcable local governmental entIty In order to provIde sewer servIce to every lot wIthIn the subdIvIsIOn Due consIderatIOn shaH be gIven for eXIstIng or potentIal sewer lInes for adJOImng property In the desIgn and arrangement of sewer lInes for the proposed subdIvIsIOn If a connectIOn cannot be made to the local governmental entIty's sewage system, the subdIvIder shan submIt to the approprIate govermng body along wIth the PrelImInary Plat a letter of approval of sewage dIsposal system sIgned by the appropnate authorIty The subdIvIder shall Install these facIlItIes In accordance wIth the approved plans Sewage collectIOn systems shall be Installed In all new subdIvIsIOns 913 52-4 Streets p All streets, shall be constructed, mspected and approved m accordance wIth the followmg reqUirements (5/2/88) (1) ConstructIOn - Each street segment publIc or prIvate, shan be classIfIed and constructed m accordance wIth the N C Department of TransportatIOn's SubdIvIsIOn Roads-MmImum ConstructIOn Standards as amended These standards whIch mclude dramage, bndge and pavement desIgn are aVaIlable for reVIew at the New Hanover County Plannmg and Engmeenng Departments and at the DIvIsIOn OffIce of the N 'C Department of TransportatIOn ExceptIOns to these standards, however, are as follows (a) The classIfIcatIOn and, as a result, the constructIOn standards for a publIc or pnvate street segment may be upgraded to a hIgher classIfIcatIOn If that street segment wIll eventually be reqUIred to provIde access to or conect traffIc from future development on adjacent propertIes (b) If access IS by an easement and WIn ieive no more than three dwèllIng umts, no desIgn reqUirements for nght-of-way or pavement wIdth are specIfIed The only reqUirement IS that the structures shan be provIded access as specIfIed m SectIOn 65 of the Zomng Ordmance (c) Permanent dramage easements may be reqUired as needed (d) Pnvate streets need not be paved provIded such streets have an aggregate base course to ensure access for emergency vehIcles .{p (2) InspectIOn and approval - An publIc streets shan be mspected and approved by the DIstnct Engmeer, N C Department of TransportatIOn, DIvIsIOn of HIghways All pnvate streets shall be approved by New Hanover County upon mspectlOn and recommendatIOn by the County Engmeer All matenals shall meet the reqUirements of the "North CarolIna Standard SpecIfIcatIOns for Roads and Structures" Wilmington/New Hanover County Unified Development Ordinance (July 7,1999 Draft) 28 · '. 4/14/03 (3) Pnvate Streets - Streets designated as pnvate may be allowed m subdlVlsIOns when m the opmIOn of the Planmng Board, they provide adequate mgress and egress onto collector streets, and suffIcient assurance IS provided through legally establIshed homeowner's associatIOns, that the street shall be properly mamtamed All such streets shall be designated as "Pnvate Street" on the prelImmary plans and fmal plats Whenever a pnvate street mtersects a U S or N C highway or N C Secondary Road, a statement of approval for the mtersectlOn, signed by the Dlstnct Engmeer, North Carolma Department of Transportation, DIvIsion of Highways for New Hanover County, shall be sllbnutted concurrent with the fmal plat (a) All streets designated for pnvate use shall meet the nummum pavmg and nght-of-way reqUirements set forth by the N C Department of TransportatIOn Subdivision Roads - Minimum Construction Standards, as amended Pavmg for pnvate streets havmg low traffic volume may be lInuted to aggregate base or other SOlI stabilizatIOn sUitable to ensure safe passage for emergency vehicles (b) Certam nun or streets designated for pnvate use may be excepted from established state geometnc standards for nummum centerhne radn Acceptable street ahgnment centerhne radn may be approved by the Techmcal Review Comrruttee after consideratIOn of such conditions mcludmg but not hnuted to topography, tree preservatIOn, reductIOn of speed to safe levels, and the total number of antiCipated tnps per day (5/2/88) 52-5 Surface Water Dramage All dram age constructIOn wlthm the area of the proposed subdivIsIOn shall be reviewed by the County Engmeer for conformance with applIcable nummum standards and detaIls approved by the Board of County ComrrusslOners New Hanover County's Storm Water Management Ordmance and Design Manual SuffIcient calculatIOns shall be mcluded with the prelInunary plan to review hydraulic computatIOns These shall mclude as a nummum a scale map showmg the h1llits of on site and off site dram age areas, acreage of each dramage area, storm runoff calculatIOns, pipe or ditch dimensIOns, and pipe matenals The subdivider shall do all gradmg and mstall all dramage structures shown on the preh1llinary ~ constructIOn plans for the area specIfied by the fmal plat (8/3/87) The followmg standards shall awlY- (1) The maximum rate of discharge for any storm up to a 2 or 10 year storm after development shall not exceed the maximum rate of discharge for respectively 2 and 10 year storms for the site before development (2) 1^JI residential development must detam stormvlater runoff from nnpervlOus surfaces for a dra'.vdown penod of two to fl'le days at the followmg rates o to 1 9 umts per acre No detentIOn reqUired R 15 non performance residential No detentIOn reqUired R 15 performance resIdential I" detentIOn reqUired Greater than 2 5 umts/acre 1 5" detentIOn reqUired (1) Wetlands, natural depressIOns and areas of good drammg sOlIs shall be used m the development of dramage plans If they eXist (2) DIscharge of runoff from ImpervIOus surfaces directly mto natural water bodies shall not be allowed Wilmington/New Hanover County UnifIed Development Ordmance (July 7, 1999 Dr:Jft) 29 · 4/14/03 Runoff shall be routed' along vegetated swales, through fIlter medIa of vegetatIOn, gravel, sand, or other medIa, or to detentIOn ponds for the purpose of mcreasmg percolatIOn and settlmg and fIltermg out non-pomt pollutants (5/5/97) 52-6 Street Name SIgns The subdIvIder shall be responsIble for erectmg street name sIgns at all mtersectIOns wIthm the subdIvIsIOn SIgns on publIc streets shall conform wIth eXlstmg Department of TransportatIOn regulatIOns 52-7 Park FaclhtlCs (Repealed 10/89) RecreatIOn Space Every subdIvIder of land for resIdentIal purposes, shall dedIcate a portIOn of such land, as set forth hereIn, for the purpose of provIdIng, active and passive recreatIOn areas to serve the resIdents of the ImmedIate neIghborhood wIthIn the subdIvIsIOn (l) RECREATION AREAS CAN BE DEFINED BY ACTIVE OR PASSIVE RECREA nON AS FOLLOWS ' I - (a) ActIve RecreatIOn consIsts of areas such as park land chosen wIthout regard to natural features for the explIcIt purposes of enhancIng desIgn, such as vIllage commons, or provIdIng space for outdoor recreatIOn actIvItIes WhIch may Include, but not be lUlllted to, tennIS courts, ball fields, SWImmIng pools, and tot lots wIth play eqUIpment (b) PassIve RecreatIOn areas must consIst of undIsturbed, unIque and sensItIve natural features when aVaIlable, that may Include streams, floodplaIns, wetlands (excludIng tIdal marsh) conservatIOn resources, and natural herItage areas If IdentIfied These natural spaces wIll be characterIzed by undIsturbed sOlIs and natural vegetatIve cover for wtldlIfe habItat PassIve RecreatIOnal space may become part of desIgnated CIty and County green ways AmemtIes such as walkIng paths, pIers, pICnIC areas and other passIve recreatIOnal uses wIll be allowed wIth mInImal dIsturbance of the vegetatIOn it " , (2) REQUIRED RECREA DON SPACE All new resIdentIal subdIvIsIOns shall provIde recreatIOn space m the amount of 003 acres per dwellmg: UnIt wIthm the subdIvIsIOn 50% of the reqUIred recreatIon area shall be desIgnated for passIve recreatIOn and 50% of the reqUIred recreatIOn area shall be desIgnated for actIve recreatIOn " ~ 1 (3) RecreatIOn space areas shall be of such IlllnImUm dImensIOns as to be functIOnally usable and maIntaInable ReSIdentIal SubdIvIsIOns that are small enough so that the amount of reqUIred recreatIOnal space area does not exceed 10,000 square feet shall be exempt from provIdIng such space when the board determInes that (a) the recreatIOn space area cannot be combIned wIth such areas servIng adJacent property to form a functIOnally usable and mamtaInable area, or (b) (b) the recreatIOnal needs of the development can be adequately met by eXIsting or planned cIty- or county-owned park, recreatIon or open space areas located close enough to such Wilmington/New Hanover County Unified Development Ordmance (July 7, 1009 Draft) 30 I, < 'I !j ¡ ¡I I · 4/14/03 development to reasonably serve Its resIdents In determInIng the SIze of a subdIvIsIOn for the purposes of thIS subsectIOn, the approprIate governIng body, shaH consIder the entIre pro1ect developed on a sIngle tract or contIguous multIple tracks under common ownershIp, regardless of whether the subdIVISIOn IS constructed In phases or stages The developer of any subd]v]slOn that]s exempt from provIdIng on-sIte recreatIOn or open space shaH pay a fee to the CIty or county III beu thereof. to be used by the cIty or county to acqUIre recreatIOn areas servIng the development w]thlll the ]mmedlate area of the subdIvIsIon Such fee shall be determmed and paId as provIded m the "Payments m L]eu of Ded]catlOn" provIsIOns of thIs sectIOn (4) Standards for Park, RecreatIon and Open Space Areas Except as otherwIse approved by the approprIate governIng body, all park, recreatIOn and open space areas shall meet the folloWIng CrIterIa a) Unity The dedIcated land shall form a smgle parcel onand, whether or not the subdIvIsIon ]S developed III phases or sectIOns, except where ]t ]S determmed by the approprIate governmg body, that 2 or more parcels would be m the best mterests of the resIdents of the subd]vls]on and the pubbc, and In such case, the approprIate governIng body, may reqUIre that such parcels be connected ". (b) Usability At least one-half of the total land dedicated must be (1) located outside of wetland areas under the 1urIsdlctlOn of, Federal and State regulatory agenCieS and (2) usable for actIve recreatIOn Areas set aSide to meet the reqUIrements of the ConservatIon Overlay DistrIct can only be credited for one- half of the area used for Passive RecreatIOn Tidal marshes cannot be counted to satIsfy the RecreatIOnal Spaée ReqUIrements (c) Shape The portIon of dedIcated land to be used for actIve recreatIon shall be of such a shape to be usable for actIve recreatIOnal facilIties mcludIng but not lmuted to tennIS courts, racquetball courts, swunmmg pools, exerCIse rooms, clubhouses, athletIc fields, basketball courts, swmgs, shdes and play apparatus ( d)G reenways If open space ]S a greenway, the land shall be a contInUOUS lInear parcel through the subdIvIsIOn of at least 30 feet III wIdth (e) Location The dedIcated land shaH be located so as to reasonably serve the recreatIOn and open space needs of resIdents of the ImmedIate neIghborhood wIthIn the subd]v]slOn for whIch the land ded]catlOn ]S made and can be combmed wIth an adjacent park Wilmmgton/New Hanover County Unified Development Ordinance (July 7, 1900 Draft) 31 , 4/14/03 (f) Access All dwell10g UnIts 10 the subdIvIsIOn shall have free, easy and convenIent 10gress and egress to and from the park, recreatIOn and open space areas provIded wIthm the development by means of Improved streets or dedIcated walkways RIghts-of-way for such access shall be shown on the prelIllllnary plans and final plats (q) Topoqraphy The average slope of the portIOn of dedIcated land deemed usable for actIve recreatIOn shall not exceed the average slope of the entIre subdIVIsIOn to be developed, and m no case shall the slope of the land dedIcated be greater than 15 percent (h) Required Stormwater Detention/retention Facilities ReqUIred stormwater detentIOn/retentIOn facIlItIes shall not be accepted to fulfill the reqUIrements set forth by thIS sectIOn AmenItIes, such as walkmg paths, pIers, pICnIC areas, and other passIve recreatIOnal space that are assocIated wIth storm water management facIlItIes (I e Wet ponds) shall receIve credIt towards the calculatIOn of open space If such amenItIes assocIated wIth storm water management faCIlItIes are desIgned accord1Og to the standards specIfied 10 the TechnIcal Manual to meet thIS reqUIrement (See TechnIcal Manual for crIterIa) (1) Landscaplnq , Park, recreatIOn and open space areas shall be landscaped and shall be provIded wIth sufficIent natural or man made screenIng or buffer areas to mInIllllZe any negatIve Impacts upon adjacent resIdences ' ' ¡- I (I) Encroachments The park, recreatIOn and open space areas reqUIred by thIS sectIOn shall exclude roadways, parkmg areas and other accessory uses except recreatIOnal facIlItIes ~,? , (k) Consistency with Master Parks Plan, If any portIOn of any subdIvIsIOn proposed for resIdentIal development lIes wIthm an area desIgnated on the officIally adopted master parks plan as a park, such area shall be mcluded as part of the area set aSIde to satIsfy the reqUIrements of thIS sectIOn ThIs area shall be dedIcated to publIc use (I) Recreational Facilities The CIty or county may reqUIre the mstallatIOn of recreatIOnal facIlItIes after consIderIng (I) the character of the park, recreatIOn and open space area, (n) the estImated age and the recreatIon needs of person lIkely to resIde m the development, (111) the proXIllllty, nature, and excess capacIty of eXIst10g mUnIcIpal recreatIOnal facIlItIes, and (Iv) the cost of the recreatIOnal facIlItIes Wilmington/New Hanover County Umfled Development Ordmance (July 7,1090 Draft) 32 .. 4/14/03 (5) Procedure for DedIcatIOn of Land (a) DeSIQnatlon of Land to Be Dedicated SubdIvIders shall desIgnate on the prehmmary subdIvIsIOn plan, the area or areas to be dedIcated pursuant to thIS sectIOn (b) Review of Land to Be Dedicated Upon receIpt of the prehmmary subdIvIsIOn plan, the planmng department shall submIt a copy thereof to the approprIate govermng agency for reVIew The approprIate govermng agency shall submIt any and all recommendatIOns concermng the land to be dedIcated to the Techmcal RevIew Comffilttee at ItS next scheduled meetmg (c) OwnershiP The type of ownershIp of land dedIcated for park, recreatIOn or open space purposes shall be selected by the owner, developer, or subdIvIder, subJect to the approval of the approprIate govermng agency ProvIded, however, any of such areas mcluded m the master parks plan shall be dedIcated to the CIty or county The type of ownershIp may mclude, but IS not necessarIly IUlllted to, the followmg 1 The cIty or county, subJect to the acceptance by the Govermng Body, 2 Other publIc JUrISdICtion or agencIes, subJect to theIr acceptance, 3 Property owner, condommIUm or cooperative assocIatIOns or orgamzatIOns, or 4 Shared, undIvIded mterest by all property owners m the subdIvIsIOn (6) Payments III LIeu of DedIcatIOn (a) General ProvIsions When the approprIate govermng agency determmes (upon the recommendatIOn of the Planmng Department) that the park, recreatIOn and open space needs of a subdIvIsIon can also be adequately met by capItal facIhtIes constructed or to be constructed on county-owned property or property to be acqUIred by the county wIthm a reasonable tIme that IS located close enough to such subdIvIsIOn to reasonably serve ItS resIdents, the approprIate governmg agency may authorIze the subdIvIder to make a payment to the county 10 heu of dedIcatIOn The approprIate govermng agency may also authorIze a combmatIOn dedIcatIOn and partial payment m lIeu of dedIcatIOn when such IS determmed to be m the best mterest of the cItIzens of the area to be served Any publIc dedIcatIOn IS subJect to reVIew and acceptance by the approprIate governmg body Wllmrngton/New Hanover County Unified Development Ordmance (July 7,1009 Draft) 33 .. 4/14/03 (b) Procedure The subdIvIder shaH 10clude with the applIcatIOn for prelIm10ary plan approvaL a letter request10g approval to make a payment In lIeu of dedIcatIOn The letter shaH 10clude the proposed per acre value and the basIs for the determInatIOn of such value Upon receIpt of the prelImInary subdIvIsIOn plan, the plannIng department shaH subll1lt a copy thereof with the letter requestIng a payment In lIeu of dedIcatIOn to the approprIate govermng agency The staff shaH submIt any recommendatIOns concermng the request to the Techmcal RevIew CommIttee at ItS next scheduled meet10g (c) Amount of Payment, If the County approves a payment In lIeu of dedIcatIOn, the amount of such payment shaH be the product of the number of acres to be dedIcated as outlIned 10 subsectIOn (b) above, and the average faIr market value of the land beIng subdIvIded at the time of the submIssIOn of the prelIm10ary subdIvIsIOn plan The Tax Department shall detemune the average fair market value of the land based on the value of the land for property tax purposes, the 1OformatIOn subll1ltted by the subdIvIder and other relevant 1OformatIOn (d) Use of Payments JI[ Lieu of DedicatIon All momes receIved by the county pursuant to thIS sectIOn shaH be used only for the acqUISItion or development of recreatIOn, park, or open space areas that WIH benefit the new subdIvIsIOn resIdents " ,f-, " ~ ¡ , (e) ReqUired Payment In Lieu ,of Dedication In the event the County finds that a land dedIcatIOn does not meet the long range plans of the City or county It shall reqUIre payment In lIeu of a dedIcatIOn c " ( r. , > r (f) TI me of Payment If a payment In heu of dedIcatIOn IS authonzed, such payment shaH be made before record1Og the final plat for the subdIvIsIOn If a subdIvIsIOn IS developed 10 phases, a payment relat10g to each phase must be made prIor to the record1Og of a final plat for each phase .;~ 1;,< (7) FlexIbIlIty In AdmImstratIOn AuthorIzed (a) The reqUIrements set forth 10 thIS subsectIOn concernIng the amount, SIze, locatIOn and nature of park, recreatIOn and open space areas to be provIded 10 connectIOn with resIdentIal developments are establIshed by the County as standards that preemptively wIll result 10 the provIsIOn of that amount of recreatIOnal facIlIties and open space that IS consIstent WIth officIally adopted CIty or county plans The County recognIzes, however, that due to the particular nature of a tract of land, or the nature of the facIlIties proposed for 1OstaHatIOn, or other factors, the underly10g oblectIves of thIS artIcle may be achIeved even though the standards are not adhered to wIth mathematical preCISIon Therefore, the Techmcal Review Comrmttee IS authorIzed to per1ll1t m100r devIatIOns from these standards whenever It determ10es that (1) the ObjectIves underlY10g these standards can be met wIthout strIct adherence to them, and (11) because of peculIarIties 10 the developer's tract of land or the facIlItIes proposed It would be unreasonable to reqUIre strIct adherence to these standards Wilmington/New Hanover County Umfled Development Ordmance (July 7,1000 DrJft) 34 , , . 4/14/03 (b) Whenever the County authorIzes some devIatIon from the standards set forth In thIS sectIOn, tl1e officIal record of actIOn taken on the development applIcatIOn shall contaIn a statement of the reasons for allowIng the devIatIOn 52-8 FIre Hydrants The subdIvIder shall be responsIble for provIdIng adequate fIre protectIOn for the subdIvIsIOn through the provIsIOn of fIfe hydrants These fIre hydrants shall be constructed to specIfIcatIOns establIshed by the County FIre Marshall, based on NFPA standards Hydrants shall be reqUIred as follows (1) SubdIvIsIOn wIth central water system For any major subdIvIsIOn served by central water system meetIng State reqUIrements (SectIon 2101 TItle 10 - Chapter lOD NCAC) for fIre hydrants, the subdIvIder shall be reqUIred to Install a fIre hydrant at the entrance to the subdIvIsIOn and additIOnal hydrants equal eIther to the total lInear feet of roadway dIvIded by 1000 or the total number of lots/umts dIvIded by 40, whIchever IS greater These additIOnal hydrants shall be spaced evenly through the subdIvIsIOn In order to provIde maXImum fIre protectIOn coverage, as deterrruned by the County FIre Marshall In no case shall a lot/umt be located more than 500 feet from a hydrant The spaCIng reqUIrement for attached housmg projects shall be 300 feet unless the FIre Marshal appro'lcs otherWIse (a) ;\ll hydrants shall have NSFT (NatIOnal Standard Fm" Thread) (b) ,^JI hydrants shall open counter clocbnse (c) i\ll hydrants shall be self draInIng 911-1 (2) SubdIvIsIOn wIth surface water bodIes For any major subdivIsIOn wIthout an adequate central water system, but eIther IncludIng or adjacent to an adequate permanent surface water body, the subdIvIder shall be reqUIred to do one of the folloWIng (a) Install a dry fIre hydrant as close to the water source as possIble wIth the adequacy of the water source and the locatIOn of the dry fIre hydrant to be deterrruned by the County FIre Marshall, or (b) EstablIsh an easement or road to the water source provIdIng permanent all-weather access that IS adequate for fIre-fIghtIng eqUIpment and vehIcles as deterrruned by the County FIre Marshall (7/7/97) 52-9 Street LIQhts The cIty or other agency, as applIcable. shall Install streetlIghts wIthIn subdIvIsIOns In accordance wIth the standards of the cIty or county In Instances where underground wmng IS reqUIred, the subdIvIder shall be responsIble for the InItIal contrIbutIOn reqUIred under the utIlIty company's street IIghtmg serVIce schedule (customer partICIpatIOn) at the tIme of InstallatIon 909 52-10 Entrance SIgnS and Llghtmg SIgns delIneatIng the subdIvIsIOn name and any lIghtIng assocIated wIth such sIgn shall be constructed In complIance wIth SectIon 94-1 of the Zomng OrdInance SIgn locatIOn shall be shown on the PrelImInary Plat 910 52-11 Sidewalks, TraIls and BIkeways Wilmington/New Hanover County Unified Development Ordmance (July 7, 1009 Dmft) 35 · Article IX I SubdivISion Design and Improvements §907 I Easements Sidewalks, walkways and other pedestrIan ways shall be provided by the subdivider wIth10 or adJacent to a subdivIsIOn, upon reasonable eVidence that the sidewalks, walkways or other pedestrIan ways would be essentIal for pedestrIan access to communIty facIlitIes, that such IS necessary to provide safe pedestnan movement outside the street or street nghts-of-way area or that such IS an extensIOn or could reasonably become an extensIOn of eXlst10g sidewalks, walkways and other pedestnan ways All sidewalks, wa.lkways, and other pedestnan ways shall be alIgned as reqUired by the appropnate governIng body, and designed and constructed to conform to Technzcal Standards and SveClficatlOns Sidewalks shall be 10dlcated on all prelImmary plans 915 (1) Sidewalks shall be reqUired to be constructed 10 the follow1Og Circumstances (a) On a IlllnImum of 1 side of the nght-of-way of all arterIal or collector streets that are adJacent to the property to be developed" (b) On each side of the nght -of-way of all artenal or collector streets that run through property to be developed If the subdivider 10tends to construct any portIOn of the thoroughfare as access to the subJect development, and (c) On one side of the nght -of-way of all local streets extend10g through the property to be developed m the R-15 and R-lO zonmg dlstncts ,J"-' (d) On both sides of the nght-of-way of all local streets extendmg through the property to be developed 10 the R-7, R-5, and R-3 ZOnIng dlstncts ' , (e) , Except as reqUired above, low densIty developments 10 R-20 shall be exempt from the sidewalk reqUirement 'A (2) 0/ The TechnIcal Review CommIttee may exempt sidewalk mstallatIOn 10 specIfic cases upon a findmg that sidewalks are unnecessary for the protectIOn of the publIc safety or welfare due to condItIOns peculIar to the sIte 915 (3) Bikeways The Techmcal Review Comlllittee, may reqUIre the subdivider to make provIsIOns for bikeways withIn subdIvIsIOns, Ie, Increased nght-of-way, etc If the subdIVIder Incorporates bikeways wlthm a subdivIsIOn, the subdIvIder shall be responsIble for providIng the requIred markmgs and the acqUiSItIOn and erectIOn of all sIgns, sIgnals or other Items In order to create safe bIcyclmg condItIOns as deemed necessary by the County, 915 Wllmmgton/New Hanover County Unified Development Ordmance (July 7,100010/01 Final Draft) 36 , , .. . ATTN 4/14/03 Section 53 Recommended Improvements In addItIOn to the reqUIred Improvements lIsted above, the County COml11:1SSIOners may recommena that the developer mstall curbs and gutters, sIdev:alks, permanent street markers, and a piped storm dram age system Section 54 Homeov:fler's f.ssocIatIOn Property Owners' AssocIatIOn A property owners' homeovmer's assocIatIOn shall be establIshed for each subdIvIsIOn contammg pnvate streets and dram age systems The fmal plat for each such subdIvIsIOn shall contam a certIfIcate IndIcatmg the book and page number of the homeowner's property owners assoCIatIOn covenants, condItIons and restnctlOns The covenants, condItIOns and restnctlOns shall specIfy lot owners' responSIbilitIes for mamtenance of prIvate streets and dramage systems, streets, utIlItIes, storm water management fa.cIlItles, dramage dItches or swales, or other areas desIgnated as pnvate areas or as common areas and shall provIde for assessments to fmance all mamtenance activItIes (¿\ddItlOnal covenants shall provIde that the Homeovmer's ¿\ssocIatlOn wIll construct all stub streets pnor to offenng any connectmg for acceptance by N CD 0 T (6/86)) Fmal plats for subdIvlSlons contammg pnvate streets and dram age Improvements wIll not be approved untIl the subdIvider's property owners' homeowner's assocIatIOn documents have been subIllitted and approved by the Plannmg Department (1) ReqUIred CondItIOns of Property Owners AssOcIatIOns Property owners assocIatIOns or snrular legal entItIes that shall own and mamtaIn park, recreatIOn and open space areas, streets, utIlItIes, storm water management facIlItIes, draInage dItches or swales, or other areas desIgnated as pnvate areas or as common areas shall be establIshed In such a manner that (a) ProvIsIOn for the establIshment of the assocIatIOn or sImIlar entIty shall be made before any lot In the development IS sold or any bUIldIng occupIed (b) MembershIp must be mandatory for each property owner wIthm the subdIvIsIOn (C) The assocIatIOn shall be responsIble for the lIabIlIty Insurance, local taxes and the mamtenance of the areas (d) Any sums levIed by the assocIatIOn that rem am unpaId shall become a hen on the mdIvIdual property owner's property (e) If all or any portIOn of the property held by the aSSOCIatIOn IS beIng dIsposed of, or If the assocIatIOn IS dIssolved, the passIve and actIve recreatIOn and open space shall be first offered to the city or county (f) The nght of use of the passIve and actIve recreatIOn or open space and all pnvate Improvements shall be guaranteed to each resIdent of the subdIvIsIOn Wilmington/New Hanover County Unified Development Ordmance (July 7, 1000 Draft) 37 t. I . .~. .I'" V 4/14/03 (g) The declaratIOn of covenants and restrIctIOns that wIll govern the assocIatIOn shall be submItted for reVIew by the CIty or County Attorney and recorded prIor to the recordmg of any final plats for the subdIvIsIOn and reference to the deed book and page provIded on the plat (2) ResponsIbIlitIes Property owners' assocIatIOns shall be responsIble for contmumg upkeep and proper mamtenance of all pnvate mfrastructure facIlitIes and common areas wIthm the respectIve subdIvIsIOn , ~ ARTICLE VI: ADMINISTRATION , ., Section 60 Variances and Exceptions The PlannIng Board may approve subdIvIsIOn plats WhICh vary from the reqUIrements of desIgn, but not of procedure or Improvement Such a vanance may be granted only where topographIc or other eXIstIng physIcal condItIOns are such that complIance wIth the reqUIrements of thIS ordInance would cause an ,..~.. :.,:. unusual and unnecessary hardshIp on the subdIVIder above and beyond what other subdI'/Iders '.vould , meet, and provIded that such varIatIOns villI riot have the effect of mlllIfYIng the mterest and purpose of these regulatIOns Econollllc hardshIp shall not be consIdered adequate grounds for a WaIver 901-3 Section 61 Planned Unit Development The standards and reqUIrements of thIS ordmance may be modIfIed by the Techmcal RevIew COlll1ll1ttee m the case of a plan and program for a group, cluster, or planned umt development, whIch, m the Judgment of the TRC provIdes adequate publIc spaces and Improvements for cIrculatIOn, recreatIon, lIght, aIr, and servIce needs of the tract when fully developed and populated, and whIch also provIdes such covenants or other legal provIsIOns as WIll assure conforllllty to and achIevement of the Land Development Plan SectIOn 62 Procedure for Variances and Exceptions (1) The subdIvIder must subllllt a WrItten request statmg the reasons for each modIfIcatIOn The PlannIng Board may reqUIre such condItIOns as wIll, m ItS Judgment, preserve the spmt and mtent of these regulatIOns These condItIOns may Include but shall not be hllllted to surety, performance, Wllmmgton/New Hanover County Unified Development Ordmance (July 7,109910/01 Final Draft) 3~ , . 4/14/03 . ') . or mamtenance bonds, affldavIts, covenants, or other legal mstruments, as wIll assure conforlllity to and achIevement of the plan (2) Any modIfIcatIOns thus authonzed are reqUIred to be entered m wntmg m the mmutes of the Planmng Board and the reasomng on whIch the departure was JustIfIed set forth The Board of ComrrussIOners shall then be notIfIed m wntIng of the vanance or exceptIOn granted Section 63 Amendment The New Hanover County ComrrussIOners may from tIme to tIme amend these regulatIOns, but no amendment shall become effectIve unless It shall have been proposed by or shall have been subnutted to the Plannmg Board for reVIew and recommendatIOns The Planmng Board shall have forty (40) days wlthm WhICh to subnut a report If the Plannmg Board falls to subnut a report wIthm the specIfIed tIme, It shall be deemed to have approved the amendment Section 64 Separability Should any sectIOn or provIsIOn of thIS ordInance be declared by the courts to be mvahd for any reason, such declaratIOn shall not affect the ordInance as a whole, or any part thereof other than the part so declared to be unconstItutIOnal or mvahd Section 65 Conflict When the reqUIrements of thIS ordmance conflIct wIth the reqUIrements of other lawfully adopted rules, regulatIons, or ordInances of the County of New Hanover, or deed restnctIOns Imposed by the developer, the more stnngent or hIgher reqUIrements shall govern Section 66 Public Sites and Open Spaces (1) SubdIVISIOns wlthm Planned Thoroughfare Corndor In order to rmmmlze the Impacts of thoroughfare development and III order to faclhtate a coIlaboratIve desIgn process for the ahgnments of thoroughfares the owner or subdIvIder where a proposed maJOr thoroughfare of the urban area, or CIty, runs through or IS assocIated wIth the tract of land to be subdIvIded, the owner or subdIvIder must prepare a sketch plan for reVIew and approval pnor to the subrmssIOn of a prehrrunary plat In addItIOn to the standard reqUIrements for sketch plan the subdIvIder shaIl request III wntIllg a meetIllg at least 60 days pnor to the scheduled sketch plan reVIew 920-6 Planned Thoroughfares (1) ReservatIOns 'Nhen subdIvIsIOn served by planned thoroughfare \Vhen an)' pOrtlOFl of a major or nun or thoroughfare showN on the ''vIlmmgton Urban Area Thoroughfare Plan runs through and proYldes dIrect access to the tract of land to be subdIvIded, the County PlannIng Board or the Board of County ComnussIOners may reqUIre the subdl'ilder to reserve the reqUIred nght of ',vay for such thoroughfare No structures or bUlldmgs shall be placed on saId rcsef','ed land ReservatIOns of laFld under thIS sectION shall not remam In effect 10Flger than 12 months from the date of fmal plat recordmg -39- 4/14/03 4.. I" "' (2) ComplIance wIth Thoroughfare Plan When any portIOn of a proposed major thoroughfare of the urban area, or CIty runs through OrtS assocIated wIth the tract of land to be subdIvIded, the pattern of streets wIthm the proposed subdIvIsIOn shall be m accordance'wIth the propôsed alIgnment of corndors or nghts-of-way of smd offIcIal thoroughfare plan Such nghts-of-way as reqUIred by the appropnate governmg agency shall be shown on all plats, prelImmary and fmal 920-6 5 (3) Planned Thoroughfare ReservatIOn When any portIOn of a major or llllnor thoroughfare that IS shown on the WI1mmgton Urbarr Thoroughfare Plan, as amended from tIme to tIme, runs through or IS assocIated WIth the land to be subdIvIded, the subdIvIder shall desIgn the street network wIthIn the subdIvIsIon so as to alIgn the corndors or nghts-of-way wIth the planned thoroughfare and shall dedIcate the maXImum fIght-of-way WIdth reqUIred by NCDOT The subdIvIder shall also reserve any addItIonal fIght-of-wav as shown In the Thoroughfare Plan No bUIldIngs or structures shall be constructed In the reserved fIght-of-way area Such reservatIOns shall expIre twenty-four (24) 1 months from the date of recordatIOn of the final subdIvIsIOn plat, unless the fIght-of-way IS acqUIred by a publIc agency 920-7 (4) Setback from Street RIghts-of-Way Proposed bUIldIng setbacks shall be measuredJrom the most restnctIve nght-of-way lIne as determmed by the dedIcatIOn or reservatIon of such nght-of-way (5) DIsclosure of planned thoroughfare I' . , When any portIOn of a proposed major or mInor thoroughfare shown on the WIlrmngton Urban Area Thoroughfare Plan runs through the tract of land to be subdIvIded, both the prelImInary plan an~ fmal plat for the subdIVISIOn shall dIsclose the presence of the planned thoroughfare DIsclosure shall be provIded as follows A note on the plat st'!-tmg "ThIs subdIvIsIon crosses a proposed thoroughfare nght-of-way, present status shoul~ be confIrmed wIth N C Department of TransportatIOn" 66-2 ~ ReservatIOn of SItes for PublIc FacIlItIes ":> ~.¡.i ; . , t To msure orderly development of the County m accordance wIth the general pnncIples set forth In the Land Development Plan, It IS recommended that the subdIvIder reserve open spaces for such publIc purpose as parks, playgrounds, schools, and fIre statIOns, and to provIde the County an opportUnIty to buy thIS land at the faIr market value for a penod of SIX (6) months from the date of subrmssIOn of the prehrmnary plat ' Section 67 Dutv of Re!dster of Deeds . The'County COl1l1lllssIOners of New Hanover County shall fIle a copy of thIS ordmance wIth the RegIster of Deeds of New Hanover County The RegIster of Deeds shall not thereafter fIle or record a plat of a subdIvIsIOn located wIthm the terntonal jUnSdIctIOn of New Hanover County wIthout the approval of the New Hanover County Plannmg Board, and the Board of County COml111SSIOners as reqUIred In thIS ordmance The landowner shown on a subdIvIsIOn plat subrmtted for recordmg or hIS authonzed agent, shall sIgn a statement on the plat as to whether or not any land shown thereon IS WIthIn the terrItonal jUnSdIctlon of New Hanover County as defmed herem The fIlIng or recordmg of a plat of a subdIVISIOn wIthout the approval of the PlannIng Board or the County CommISSIOners as reqUIred by thIS ordmance shall be null and VOId The Clerk of Supenor Court of New Hanover County shall not order or dIrect the recordmg of a plat where such recordmg would be m conflIct WIth thIS sectIon -40- · 4/14/03 .' 'J L\ . Section 68 Enforcement of Ordinance " ThIs ordInance may be enforced by anyone or more of the remedIes authorIzed by G S 153A-123, Includmg but not Imllted to the followmg (1) VIOlatIOn of thIS ordmance subjects the offender to a clVll penalty of one hundred dollars ($100 00) for a fIrst tIme offense, three hundred dollars ($30000) for a second offense, and fIve hundred dollars ($500 00) for a thIrd subsequent offense to be recovered by the County In a cIvIl actIon In the nature of debt If the offender does not pay the penalty to the County FInance Office wIthm ten (10) calendar days after the offender has been cited for a vIolatIOn VIOlatIOn of this ordmance shall result only In CIVIl penaltIes and/or CIVil actIOn set forth herem and shall not entaIl cnrrunal sanctIOns (1/5/98) (2) This ordInance may be enforced by an approprIate eqUItable remedy IssUIng from a court of competent JUrISdIctIOn (3) ThIS ordInance may be enforced by InjUnctIOn, order of abatement, or both, as provIded In G S 153A-123 (e) (4) Each day's contmUIng vIOlatIOn of thIS ordmance IS a separate and dIstmct offense (10/07/85) APPENDICES -41- 4/14/03 ..) lP .) ARTICLE VII: APPENDICES The certIfIcates herem shall appear on fmal plats, If applIcable a) CertIfIcate of OwnershIp, DedIcatIOn and JUrISdIctIOn' I (we) hereby certIfy that I am (we are) the owner(s) of the property shown and descnbed hereon and that I (we) hereby adopt thIS plan of subdIvIsIOn wIth my (our) own free consent and dedIcate all streets, alleys, walks, parks, conservatIOn space and other areas to publIc or prIvate use as noted All roads and dram age easements are dedIcated for publIc utIlIty purposes Further, I (we) certIfy the land as shown hereon IS located wlthm the subdIVIsIOn JUrISdIctIOn of New Hanover County Date SIgnature of Owner(s) b) CertIfIcate of Proposed SubdIvIsIOn Road ConstructIOn Standards Department of TransportatIon DIvIsIOn of HIghways Proposed SubdIvIsIOn Road ConstructIOn Standards CertIfIcatIOn approved DIStrIct Engmeer Date:' c) CertIfIcate of RegIstratIOn by RegIster of Deeds North CarolIna New Hanover County FlIed for RegIstratIOn on the day of at (a m /p m) and duly recorded m Map Book , at Page RegIster of Deeds -42- '4/14/03 4 '\.. .. d) CertIfIcate of Accuracy and Mappmg I, survey , certIfy that thIS plat was drawn under by superVISIOn from (an actual made under my supervlSlon) deed descnptIOn m Book , Page , Book , Page , etc (Other, that the error of closure as calculated by latItudes and departures IS , that the boundanes not surveyed are shown as broken lInes plotted from mformatIOn found m , Page , that thIs map was prepared m accordance wIth G S 47-30 as amended 1 Book WItness my hand and seal thIS day of AD, 19_ Surveyor North CarolIna County I, , a Notary PublIc for saId County and State, do hereby certIfy that a regIstered land surveyor appeared before me thIS day and, acknowledged the executIOn of the foregomg mstrument WItness my hand and offIcIal seal, thIS the day of ,19_ (OffICIal Seal) Notary PublIc My commISSIOn expIres ,19_ STATE OF NORTH CAROLINA New Hanover County The foregomg certIfIcates of IS certIfIed to be correct ThIS the day of Drawn by RegIster of Deeds by , Notary PublIc of New Hanover County, ,19_ -43- e) CertIfIcate of DIsclosure - North CarolIna Coastal Area Management Act , , ~; . I ) 4/14/03 I (we) hereby certIfy that prIor to enterIng any agreement or any conveyance wIth a prospectIve buyer, I (we) shall prepare and sIgn, and the buyer of the subject real estate shall receIve and sIgn, a statement WhICh fully and accurately dIscloses that the buyer may have responsIbIlIty to obtaIn a development perIllIt (IllInor or major) and the agency to whIch an applIcatIOn must be fIled In order to obtam and perIllIt prIor to any undertakmg or actIvIty subject to the reqUIrements of the North CarolIna Coastal Area Management Act. Date SIgnature of Owner(s) t) CertIficate of Disclosure - New Hanover County Flood Plam Management I (we) hereby certIfy that prIor to enterIng any agreement or any conveyance wIth a prospectIve buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and sIgn, a statement WhIch fully and accurately dIscloses that the subject real estate, or a portIOn of the subject real estate, IS located wIthm a flood hazard area and that the buyer must satIsfy the reqUIrements of the New Hanover County Flood Plam Management RegulatIOns prIor to the Issuance of constructIOn pemuts Date SIgnature of Owner(s) g) CertIfIcate of DIsclosure for PrIvate Developments I (~e) acknowledge that neIther the State nor the County shall be responsIble for mamtenance of any streets, parks, dram age, open space or other areas WhICh are desIgnated for prIvate use I (w~) acknowledge that prIor to contractmg wIth a prospectIve buyer, I shall gIve the buyer a wntten statement whIch dIscloses theJeXIstence and locatIOn of such prIvate areas and specIfIes the mamtenance responsIbIlItIes for same When applIcable, the statement shall dIsclose that the street(s) wIll not be constructed to IllIllImum standards suffIcIent to allow theIr mclusIOn on the State hIghway system for mamtenance Date SIgnature of Owner(s) -44- ~ ~ J 4/14/03 ., - <" h) > CertIfIcate of RegIstratIOn/DIsclosure for Homeowner's ASSOCiatIOn Covenants, CondItIOns and RestnctIOns by RegIster of Deeds North CarolIna New Hanover County Homeowner's AssociatIon Covenants, CondItIOns and RestnctiOns flIed for regIstratIOn on the _ day of at (a m /p m ) and duly recorded m Deed Book , at Page _ RegIster of Deeds I) CertIfIcate Dlsclaumng Water/Sewer SUItabIlIty NotwIthstandmg New Hanover County approval of thIS plat, lots shown on said plat may not receIve Health Department approval for on sIte sewage dIsposal systems, nor for mdlvldual water supply systems j) CertifIcate of DIsclosure for New Hanover County Sewer Costs I (we) hereby certIfy that pnor to entenng any agreement or any conveyance wIth a prospective buyer, I (we) shall prepare and sIgn, and the buyer of the subject real estate shall receIve and sIgn, a statement whIch fully and accurately dIscloses that the buyer WIll be assessed by New Hanover County for the full cost of provIdmg sewer serVIce to the subdIvIsIOn at the tIme that DIstnct sewer becomes aVailable, m accordance wIth New Hanover County Code Date SIgnature of Owner -45-