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2001-07-09 RM Exhibits27.3.1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM I North Carolina County of New Hanover Road( s) Description: Roads in Marsh Oaks Subdivision WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICA TE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 9th day of July, 2001 WITNESS my hand and official seal this the f~ dayO~ 2001. :ð~ V 4--1'-/ to the Board over County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute. wp ~-' ~/ 27.3.2 CONSENT AGENDA DATE:_________ ITE~ NO.__~___ NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 06/30/01 CURRENT TAX YEAR - 2000 ~-~---~---------------- ORIGINAL TAX lEVY PER SCROLL DISCOVERIES ADDEO LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED PERCENTAGE COLLECTED EXCLUDING BANKRUPTCIES AND APPEALS BACK TAXES ------------ REAL ESTATE AND PERSONAL PROPERTY CHARGES ADOED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED AD VALOREM -------..--.-.-... $ 2,457,386.25 119,576.90 SO,863.qa- --..--.....-...----- $ 2,526,100.01 2,345.18 ---.......--...-..--- t 2,528,445.25 2,499,078.76- ---------------- $ 29,366.49 98.84%* 98.91 %** "., , $ 79,021.28 3,074.21 6,627.16- ....-........--...--.... $ 75,468.33 41,860.81- ...-----..-----...... $ 33,607.52 55.47% MOTOR VEHICLE --------------- $ 243,123.97 799.99 3,893.20- .....------------ $ 240,030.76 .00 --------..---...-- $ 240,030.76 217,185.38- --------------- $ 22,845.38 90.48%* 90.56 %** THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2000. RESPECTFULLY SUBMITTED, D . /)., "J""- (i_l~ l ; I;,. '9· J (¡i lr)"'¿-v PATRICIA J. RÂYNOR ~ COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 98.11% ** COMBINED COLLECTION PE~CENTAGE EXCLUDING 8ANKRUPTCIES AND APPEALS - 98.19% ~') 27.3.2 CONSENT AGENDA DATE: ITEM NO: .. . NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 6/30/01 CURRENT TAX YEAR - 2000 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $87,123,902.08 3,701,423.02 - 877,715.76 $89,947,609.34 MOTOR VEHICLE $7,595,035.20 16,883.78 - 113,112.86 $7,498,806.12 ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCE~lAGECOLLECTED 8,550.00 67,362.60 .00 $90,023,521.94 -88.941.308.12 $ 1,082,213.82 98.80%* .00 .00 .00 $7,498,806.12 -6,641.570.16 . $ 857,235.96. 88.57%* PERCENTAGE COLLECTED EXCLUDING BA~'KRUPTCIES AND APPEALS 98.91%** 88.62%** BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 3,454,677.32 106,943.28 334.789.26 $ 3,226,831.34 - 1.467,551.25 $ 1,759,280.09 45.48% RENTAL VEHICLE TAX COLLECTIONS ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS JUNE 2001 $ 24,917.18 271,871.58 34,743.50 FISCAL YTD $ 65,021.39 2,672,754.47 54,203.09 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRlGHTSVILLE BEACH, CAROLINA BEACH, AND KURE BEACH TO DATE - $141,197,420.07. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2000. RESPECTFULLY SUBMITIED, ~R-,- n ~ c : '-' U (la 1)"'t-l PATRICIA J. RAYNOR COLLECTOR OF REVENUE *~ì\¡~Tr.T) COLLECTION PERCENTAGE - 98.01 % *"',,"OJVllilNED COLLECTION PERCENTAGE EXCLUDING BANKRUPTCIES AND APPEALS - 98.12% ~ 27.3.3 PROJECT ORDINANCE COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the Community Development Block Grant Scattered Site Housing Project, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH Tfu\T: 1. This project ordinance is adopted pursuant to North Carolina General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Community Development Block Grant Scattered Site Housing Capital Project, which project IS herewith authorized. 3. The revenue that wi 11 finance said project is: CDBG Grant $ 400,000 Total $ 400,000 .1 <~ "- " , 4. The following appropriations necessar~~for the project are herewith made from the -revenue listed above: Capital Project Expense $ 400,000 Total $ 400,000 5. This project ordinance shalL be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this ~~ day of ~ , 2001. ~\/~ {¡·~G Clerk Board Ted Davis, Jr., Chairman Board of County Commissioners 27.3.4 AN ORDER OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE LAND CLASSIFICATION MAP OF THE 'WILMINGTON-NEW HANOVER COUNTY COMPREHENSIVE LAND USE PLAN UPDATE (1997-2010) LUP #11, 06/01 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Land Classification Map of the Wilmington-New Hanover Comprehensive Land Use Plan Update adopted on September 7, 1999 is hereby amended as follows: ,. Beginning at a point in western right of way of Highway 17 (Market ( Street), said point being the intersection of the urban growth boundary line and the western right of way line of Highway 17 (Market Street); running thence in a northerly direction with and along the western right of way of said Highway 17 to the intersection of the Southern right of way line of the Highway 17 By-Pass: running thence in a westerly direction with and along the southern right of way line of said Highway 17 By-Pass to the intersection of the western property line of parcel R02800-001-065- 000: running thence in a southerly direction with and along the western property line of parcels R02800-001-065-000, R02800-001- 027-000, R02800-001-024-000, R02800-001-144-000, and R02800-155- 065-000 to a point on the northern property line of parcel R03600- 003-080-000: running thence in a Westerly direction with and along the northern property line of said parcel R03600-003-080-000 to a point where said property line intersects the existing urban growth boundary: running thence in an easterly direction with and along the existing urban growth boundary back to the point of beginning. Those ~~rural" lands contained within the described boundaries being reclassified to ~~Urban Transition. II Section 2. Any order or any part of any order in conflict with this order, to the extent of such conflict, is hereby repealed. Section 3. This order is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption 1d ÛtOs, Jr Chairman Board of County Commissioners Am (l2~'JV )/~ '-'~to the Board ....:.'-!.. . J ~,-. ',- '-" ''''', //'" / "'. "'~ ' .' '" J .'. .. r "-"':' // :1. ...< \ 'ç:;;) N I cr.: " \ \\ \, \'\ - ~ ;.. o ~ ~ ~ ~ ..... o <l) ..... ~ CJ 5 ..... ~ <l) U I , , I , , <l) I ..... : ~ :¡:::¡ , , I , , : ~ , <l) : J:: , 0 I ._ , VJ : .~ -, a GÞ- a '--: 0 . : u ~~ I J:: \~S ~.::: , ~ I ..0 . :u 27.3.4 Lagend 11\ Døvolapød ~ LImltød TTrlnø1tJøn ~ ComørvøtJan III Community ~ ill]] T,.n.¡t/on &iJ RuoulCe P"""otlon 0 Ru,.¡ ~ Not In Planning Are. IiŸI WUmlngtDn ByplIN 5J Wøœ",hød Baundllry Wilmington - New Hanover County Land Classification Map Utben Orowth Boundary by NHCO PIflllnlng GIS .. " C~')~1:: :".- ',.1 .....,;.~ tË~:\.;t \ ,.,/' ", . ..~.~\ ;;;;\. \;;;'i \:¡. ' :il' ·;j~l. E~J '~ ,:J ....-~.:;~ =.; '",. ~.~ ~: :c SJ"rnl"'u"" !.,L,"~." ''','1(1' f::'~ ~i1i;~~· :'~:':~~ :4!?:? .:'.:~t,;,':; . .', ,-". ......... ~,. .f.:"..., ... I · i , I ,.t&..".~ ,,:.....:;,.,. ',' ¡ ,i" ':-:':',;~:,fr' .;; ~~';:::,::F;;:.': ,: I 0''' ." ~ .,., , . ';.'" ...,' I =:' ::~:)('~~ ,~~t~~~L:·~,:,: ii:;,:~~?r::::,~~:: : '¡;:,:;:~./:'â:{~);;;:;;'··~ I""" ':..'~~<;,;;;'vt ~',,',': ::~':;?'f'::~':":-"::" . . ! . :.::: :.~~/:" .',~:~'~'.:~. ~.·i:::""·' ,,~~:,~:;'~ ¡..~:! . . ,. ,- "'" .. I: ~:t r " ... __. I Y.., . ........_--.. 87 27.3.5 AN ORDINANCE OF THE COUNTY OF NEW HANOVER COUNTY, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 A-310,05/01 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: ARTICLE VI: Section 67, Landscaping (In the attached document, the underlined text is new to the County Ordinance, Strikeout text is removed from the County Ordinance, and all other plain text is existing language to remain in the County Ordinance.) Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption Adopted the 9th day of July 200 I. 1JiD9:f,Q:mM 27.3.5a ARTICLE VI: SUPPLEMENTARY REGULATIONS Section 67 Landscaping (5/85) 67-1 Functions - Landscaping accomplishes the following functions: (1) Maintains visual character of the community; (2) Screens objectionable views within and between uses; (3) Defines functional exterior spaces; (4) Reduces glare into and from the site; (5) Reduces dust and other pollutants suspended in the air; (6) Controls noise and provides acoustical mcx:lification into and from the site; (7) Influences wind patterns and their effects upon proposed uses; (8) Contains odors and minimizes their passage into and from the site; (9) Controls the direction and velocity of surface water runoff; (10) Minimizes soil erosion; (11) Moderates interior and exterior temperatures by controlling solar radiation on buildings and paved surfaces and air pollution; (12) Maintains the esthetic quality of property and enhances its value; (13) Maintains the integrity of the natural heritage; (14) Maintains indigenous species; (15) Transpires water. 67-2 Applicability - In order to meet the above functions, landscaping shall be required for the purpose of:: (1) Buffering adjoining and competing land uses; (2) Landscaping parking lots with five or more parking spaces or those areas 2500 square feet or more devoted for vehicular use; (3) Retaining existing trees in aU residential subdivisions of more than 5 lots, on High-Density development or Planned Development; and commercial, office and institutional, and industrial developments. (4/2/90) Landscaping for the above three (3) types of projects shall meet the general landscaping performance standards specified in Section 67-3. Additional performance standards, as applicable, shall also be met for buffer strips (Section 67-4) and for, parking lots (Section 67-5), street yards (Section 67- 10), and foundation plantings (section 67-11). Utility rights of waY3 shall be exempt from these regulations. (3/9/88) 67-3 General Standards for Landscaping - The following general standards shall be used in the process of designing all landscaping plans: (I) Retention of existing vegetation - Vegetation existing on the site at the time of development shall be retained as required below: (A) If existing trees and shrubs on the site where a buffer is required meets at least 50% of the required opacity standard, then those trees and shrubs shall be retained for use in buffering and supplemented as needed with plantings, fences, and/or berms to meet the ART VI-l ,.'":?- required standards. In all cases, existing trees greater than 8" in diameter at 4.5 feet in height (DBH) shall not be removed from a twenty foot buffer strip along the perimeter. (B) Hardwood trees at least 8" DBH, all conifer trees at least 12" DBH, and all dogwoods and American hollies, larger than 4" DBH anywhere on the site shall be considered protected, ànd shall be preserved to the greatest extent practical and incorporated into required landscaping. (4/2/90) Hardwood and conifer trees at least 24" DBH, and dogwoods. American Hollies and flowering trees at least 8" DBH. anywhere on the site shall be considered protected. and must be preserved or their removal mitigated as hereinafter provided. regardless of location on the site. unless the trees are shown to be dead. dying or severelv damaged or diseased as a result of natural factors 1. These trees shall be inventoried as part of the landscape plan, in accordance with Section 67-8. 2. If any of these trees are to be cleared from the site, reasons for doing so shall be clearly stated on the landscape plan. Suitable reasons for clearing one or more of these trees include such factors as trees cover more of the site area than is required to be landscaped and the' parcel will be fully used, or that it is impossible to position buildings on the parcel and .meet setback requirements without tree removal. Unsuitable reasons include such factors as more parking than the minimum sp~ified by Sec!ion 80 is desired 'or that non-selective clearing by bulldozer is less expensive than selective clearing by chainsaw. 3. Existing trees specified on the required landscape plan to remain on the site as a function fulfilling purposes of this Section, shall be protected from vehicular movement and material storage during construction and in the final landscape design. An ~ndisturbed area with a porous surface shall be reserved around each tree as determined by the tree's drip ring of its natural canopy. The undisturbed area shall be protected during construction by a suitable fence, such as a wooden' slat snow fence or wire fence. (4/2/90) 4. If a protected. tree is destroyed, substantially damaged, or dies as a result of negligence on the part of the property owner within three years after . completion of construction, then replacement trees of a similar species with a 3" DBH shall be planted on the site with a total diameter equal to twice the diameter of the protected tree. For instance, if a 16" diameter tree is cut down, eight 4" . trees will be replanted. (4/2/90) A minimum growing area of 144 SQ ft shall be provided for each replacement tree. If the replacement trees cannot be acconunodated on the site, in the judgement of the Zoning Administrator. then a payment may be made to the County's Tree Improvement Fund eQuivalent to the cost and installation for the number of trees which cannot be planted on site. 5. A minimum of 15 trees at least 2" in diameter (measured 6" above the ground) shall be retained or planted ,on the parcel for each acre or proportionate area ART VI-2 ,: ..î '~1ü.~ disturbed by development. (3/9/88) (2) Selection of Plant materials - All plant materials and their spacing requirements, which are to be planted to meet the opacity and height requirements of this section shall be either selected from the manual, "Tree and Plant Materials for Landscaping," prepared by and available from the County Planning Department or shall be approved by the New Hanover County Agricultural Extension Service. (3) Provision for other uses - Up to fifteen per cent (15%) of the area to be landscaped may be covered with surfaces specifically intended to afford intensive use and enjoyment by employees or the public (such as walking paths, bench and table pads, etc.). (4) Adequate sight angles - At all points of egress from_ off-street parking areas to a road, unobstructed visibility shall be maintained at an elevation of between three (3) and seven (7) feet of the pavement level, within the two areas formed by two right angle triangles on the sides of the driveway. Each triangle shall have a base measuring 15 feet along the edge of the driveway and a height measuring 30 feet along the edge of the road right-of-way. At the corners of road intersections, unobstructed visibility shall be maintained at an elevation between three (3) feet and seven (7) feet of the pavement level within an area required by the regulations adopted by the Department of Transportation, State of North Carolina, in "Subdivision Roads: Minimum Construction Standards" (May 1, 1983) and any subsequent amendments thereto or the regulations adopted by the governing body, whichever· are the greater. (5) It is encouraged that stormwater retention ponm management systems be integrated into the landscaping plan. (13) Single-family residences being constructed on lots of 2 acres or less are exempt from this section 67-4 Additional Requirements for Berms and for Yards in which Buffers are Required Buffer strips are designed to protect adjoining land uses, particularly residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic impacts from more intense land-uses. Buffer strips shall be required along all property lines adjacent to a residential ùse and/or existing platted rcsidentiallots. or district., except where a reduced building setback precludes placement of a buffer strip in situations where the adjoining property contains a nonresidentiaJ use on residentially roned property, such as a church or school. The more intense land use shall be required to provide the buffer as part of its yard requirements. The following requirements shall be met for buffer strips and the yards in which buffers are required: (1) Location of buffer strips - Buffer strips shall be required to screen any residential use from any D 1, I3-2, 0&1, 1-2, I-lor AI non-residential use or district. Buffer strips shall also be required to screen any existing detached residential development residentiaJ use or district from any attached housing development or mobile home park or High Density Development or Planned Development. However, no buffer will be required for high density detached lots provided lots equal or exceed 5000 square feet. (l 0/7/91) ART VI-3 .1'1 r. (2) Width of buffer strips - The buffers shall have a base width equal to at least 50% of the required setback. In all cases the base of the buffer shall be equal to or greater than 20 feet. Where a utility easement occupies a portion of the buffer, sufficient butTer must be provided outside the utility easement to meet the required opacity standards. (3) Allowance for a decrease in setback with an increase in buffer width - The setback for structures may be decreased if the base width of the buffer strip, as determined in Section 67- 4(2) above, is increased by the same amount. (4) Uses in the buffer - No activities shall occur in the buffer except for maintenance of the buffer and the installation and maintenance of water, sewer, electrical and other utility systems where the installation causes minimal disturbance of existing vegetation. No buffervard required bv this section may contain any . building or structure. or .extension of any building or mechanical svstem.This prohibition shall applv at the time of issuance of a certificate of occupancy and at any time thereafter, and shall include but not be limited to: porches, decks, patios, HV AC components, waste containers, storage buildings or any other fIxture or structure~ whèther temporary or pennanent . (5) Uses in the rear and side yaidsabutting a residential use - The following uses shall be shielded I from view from the property-line öf the residential use bÿ means of a 100% opaque solid wall. dumpsters or other trash holding areas ., . . outside storage areas - loading/unloading areas - heating/air conditioning units, including roof mounted units. In addition, all lights shall be shielded in such a manner that light from the fixture will not directly radiate into the buffer strip or beyond. (6) Types of buffer strips - Buffer strips shall provide approximately 100% opacity. Buffer strips may be occupied only by natural and/or planted vegetation, berms and fencing, as specified below: A. Natural vegetation must be retained in accordance with Section 67-3(1)(A). B. One or more of the following means shall be used to supplement the natural vegetation as necessary or to provide an adequate buffer where no natural vegetation exists: 1. Planted buffer strips - The planted buffer strips shall be at least six feet tall and give approximately 100% visual opacity within one year of planting. Three (3) rows of planted materials shall be required. ¡ 2. Combination planted buffer strip with artificial fencing: (a) Artificial fencing shall be between six (6) to ten 10) feet in height, (b) If solid artificial fencing is used, two rows of planted materials shall be provided at a minimum height-of three (3) feet at initial planting, and give at least 50% visual opacity of the fence at planting. © If permeable artificial fencing is used, two rows of planted materials shall be provided and give' approximately' 100% visual opacity of the fence within one year of plantiqg. (d) The buffer vegetation shall be lòcated between the fence and the common property line.. : ART VI-4 \' -.':, 3. Combination berm with vegetation: (a) An earthen berm may be usèd in conjunction with planted vegetation provided that the combined height of the berm and planted vegetation shall be at least six (6) feet and provide approximately 100% opacity within one year of planting. ' (b) The slope of the berm shall be stabilized with vegetation and no steeper than 3: 1. The height of the berm shall be 6 feet or less, with a level or rounded area on top of ·the berm. The berm shall be constructed of compacted earth. (3/9/88) (7) Screenin2 for Dumpsters and Outside Storage alon2 Public Right-Of-Ways - The foUowin2 uses shall be screened from the view of any public ri2ht-of-way or adjacent property. Screenin2 shall be at least 8 ft in hei2ht and mav consist of living and nonliving material as specified in this section. .A:.. The rear side of a building where that side abuts a street ri2ht-of-way, or any dumpster or trash receptacle storage area used in connection with any business establishment. B. Any outside stora2e area for vehicles awaiting repair in connection with any automotive or motor vehicle repair business, where the number of such vehicles exceeds five. C. Any outside stora2e area for any equipment used in excavation, building site preparation, or construction. No part of any equipment stored in such area may project above the screen. 67-5 Additional Landscapin,g Requirements for Parking Lots Landscaping is required for parking lots for the purposes of reducing aesthetic impacts of paving or removing the natural vegetation from large areas; to reduce the noise, heat and dust associated with parking lots; and other purposes as listed in Section 67-1. (I) Applicability - Landscaping shall be required for all off-street parking facilities with five or more spaces or those areas 2500 square feet or more devoted for vehicular use. A landscaping plan shall be submitted in accordance with Section 67-8. (2) Design Criteria - Landscaping shall be required for parking lot perimeters and for parking lot interiors. (A) ,Parking Lot Perimeters - A landscaped strip ten (10) feet in width shall be required along any side of a parking lot abutting a street right-of-way, separate parking lot or residentially zoned property. This landscaping shall consist of, at a minimum, one2: caliper evergreen or deciduous tree every eighteen(l8) to twenty-seven (27) feet. If a buffer strip is required in accordance with Section 67-4, then the ten foot width may be included as part of the buffer strip. (4/2/90) The landscaped strip mav be interrupted bv drivewav connections between parkin2 lots. If adjacent parking lots are developed concurrentlv then both properties can install a minimum of 5 ft strip or any multiple agreed upon in writing by the two propertv owners that would equal ART VI-5 ,t ,r 10ft of planted area between the parking lots. Adjacent lots that choose to share a double parking row split along the middle of a drive isle are exempt from this requirement. . (B) Parking Lot Interiors - Interior landscaping is defined as the landscaping required within the parking lot perimeters. Interior landscaping shall be provided equal to 8% of the total area to be used for parking, loading area, automobile sales lots, driveways and internal dive aisles, or for other vehicular use or pedestrian use. Interior landscaping shall be in the form of planting islands, either separate or protruding from the perimeter landscaping. Each isla.nd shall have no horizontal dimension of less than twelve (I2) ft measured from back of curb to back of curb. (4/2/90) Each island shall have no less than 0!1e planted or existing tree per island, or every 144 sq ft with appropriate groundcover to cover the entire island except for a walkway allowance. No parking space shall be located more than 120 ft from a planting island. All parking spaces shall be blocked or curbed to prevent vehicles either, from overhanging planting islands. or landscaped yards by an average of more than one foot or damaging adjac~nt fences or screens. (3/9/88). Depressions and curb cuts shall be allowed for water quality protection. (1) Interior landscaping within automobile sales lots may be distributed so that smaller understory trees are utilized toward the. interior of the lot, and shade trees are placed toward the perimeter. (2) Up to fifteen percent of a landscaped island may be devoted to pedestrian walkways, as needed. (3) At least 75% of the trees required for interior landscaping shall be of a shadeJcanopy species as defined in the approved plantings list. The planting size shall be a minimum of 2-3 caliper inches. (4) The interior landscaping requirement within storage facilities can be met with landscape islands on. the ends of buildings and with protrucling perimeter landscaping. (9/5/00) © For redevelopment of nonconfonning parking facilities containing five to twenty- five parking stalls inclusive, a perimeter landscape strip may be pròvided in leu of interior landscaping, subject to the following requirements: ill The minimum width of such strip shall be 10 ft.· ill For every forty linear ft or fraction thereof, the perimeter landscape strip shall contain one canopy tree of at least 3" caliper or three understory trees at least six feet in height and a continuous row of evergreen shrubs at least. 18" in height. ill Where a perimeter landscape strip overlaps a streetyard or bufferyard . required elsewhere in this section,the more stringent requirements shall ~. .em Parking Area Screening - When a· parking facility is within fiftv ft of a right-of- way. if the bufferyard provisions of this ordinance do not call for a planted buffer. a low buffer shall be. incorporated into the streeíVard to provide protection from vehicle headlights within the parking lot. The buffer shall consist of shrubberv. a grade change or planted benn or anv combination thereof that serves to shield . ART VI-6 f,~ traffic on the ri2ht~of-way from headli2hts within the parkin2 lot The buffer shall be a minimum of three ft in height and five ft in width and may be continuous and incorporated into a streetvard, provided the streetvard is fifteen ft or more in width. Depressions and curb cuts shall be allowed for water Quality protection. ill Waivers fA} The County Zonin2 Administrator may waive all or part of the requirements of this section for any facility which is limited to periodic or intermittent use for vehicular parkin2 lots for churches or recreation facilities, provided the facility is completely covered by 2rass or otherwise presents a landscaped effect íID The County Zoning Administrator may waive the requirements of this section for temporary parkin2 lots when in their determination it will not violate the purposes of this ordinance. Stich waiver shall not exceed one year; 67-6 Maintenance (I) All existing vegetation that is used to meet landscaping requirements, all required planted living material, and all required berms shall be maintained by the owner of the property on a continuing basis for thc lifc of thc dcvelopmcnt. (3/9/88)Any planted material which becomes damaged or diseased or dies shall be replaced by the owner within 60 days of the occurrence of such condition. If, in the opinion of the Zoning Administrator there are seasonal conditions which will not permit the timely replacement of the vegetation (e.g. too hot or too cool for successful replanting) this requirement may be administratively waived until a time certain when the replanting would be successful. (2) Artificial fencing and nonliving screening buffers shall be maintained, clèaned and repaired by the owner of the property on a continuing basis for thc lifc of thc developmcnt. Such fencing shall be kept free of litter and advertising. 67 -7 Administration and Enforcement (I) Prior to the issuance of a building permit for any new project or renovation or expansion to an existing project required to have landscaping as required by Section 67-2, a plan prepared in conformance with the provisions of Section 67-8 shall be submitted to and approved by the Building Inspector. Projects involving the renovation or expansion of existing structures shall meet the requirements of Section 67-4 to the extent practicable. (3/9/88) (2) No certificate of Occupancy for any construction or renovation shall be approved by the Building Inspector until: (A) The required landscaping is completed in accordance with the approved plan; or (B) A bond or certified check has been posted, which is available to the County, and in sufficient amount to assure installation of the required landscaping. The amount of the bond shall be submitted by the developer and reviewed and determined by the Board of County Commissioners to be acceptable, or © An irrevocable letter of credit issued by a bank in aform approved by the County Attorney, or a deposit of funds in escrow, may be accepted in lieu of bond under the terms and conditions applicable to bonds in Section B above. (D) No surety or portion thereof, as provided for in this section, shall be released by the ART VI-7 ,1 " Board of County Commissioners until all landscaping has been installed, inspected and approved, and until all required certification of such approval has been presented to said Board. (3) The Board of Adjustment may modify or waive the requirements of this section, where it can be demonstrated by the property owner that the specific screening buffer or landscaped open space is not needed for the protection of surrounding residential areas because of intervening streets, roadways, drainage ways, or other factors such as natural growth of sufficient height and density to serve the same purpose as the required screening buffer.. The Planning Director and Urban Forester shall review all requests for modifications or waivers of screening requirements prior to board of Adjustment review. 67-8 Landscaping Plans - Landscaping plans shall be submitted before or at the time of application for the Building Permit for all applicable projeCts spedfied in 67-2. These plans shall contain the following information. (3/9/88) (1) Date of plan preparation (2) Project name and description of land use (3) Project owner and mailing address (4) A map at a scale of 1 "= 1 00' or less showing (A) North arrow (B) Scale © Approximate locations and species of all existing hardwood trees at least 8" DBH, all conifer trees at least 12" DBH, and all dogwoods and American hollies at least 4" D BH: The canopy drip line of those trees shall be delineated. (4/2/90) If groves of the protected trees exist that will not be removed or disturbed, it is permitted to label the grove as such on the map, statfng the approximate number of protected trees and species mix, without specifying data on èach individual tree. Reasons for removing· protected tI'œ?shall be explicitly stated on the plan. (3/9/88) (D) Locations, dimensions and square footage of required buff~r strips and parking lot landscaping. (E) Details of required landscaping showing species, dimensions, and spacing of planted materials and the use and protection of existing vegetation. (F) Location and square footage of structures and parking lots. (G) Adjacent zoning districts. . (H) Approximate locations of all trees greater than 8" DBH within required buffers and of all areas of natural vegetation to be used as part of the buffer. (4/2/90) (I) Setbacks of all structures and specifications and shielding of certain uses, as required. (3/9/88) (1) All existing and proposed utilities and if applicable, their associated easements. (K) Location of any Conservation Resources associated with the parcel including anv Rare· and Endangered Species in accordance with the North Carolina Wildlife Resources Commission. (5) Proposed schedule for.landscaping. (6) Note on plan stating· that prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees. And no construction workers, tools, materials, òr vehicles åre pennitted within the tree ART VI-8 ~, " ~ ,~ " .' protection fencin2. 67-9 Tree Removal ill Permits Required -No person. directly or indirectly. shall remove any re2u1ated tree from public or private property without first obtainin2 a tree removal pennit from the County Zoning Administrator. A tree removal permit is required before any clearin2. 2rading or other authorizations may be issued including soil and sedimentation control pennits and building pennits. An approved tree removal pennit for new construction shall apply to the entire site. A tree removal permit may be either attached to the submitted site plan or the site plan may clearly marked for either approval or denial. ill Procedure - Applications for tree removal pennits shall be submitted to the County Zoning Administrator on forms prepared by the County. The Zonin2 Administrator shall review all complete applications for tree removal permits ànd act to grant or deny the permit in accordance with this section within 5 working days of submittaJ. In applying the provisions of this article. the applicant shall follow nonnal landscaping practices and may seek technical assistance from landscaping or horticulture professionals. as appropriate. ill Waivers. Exemptions and Exceptions íA} The County Zoning Administrator may waive this section during an emergency such as a hurricane. tornado. windstorm. tropical storm. flood or other natural disaster. fill If any regulated tree shall be determined to be in a hazardous condition so as to (1) immediately endanger the public health. safety. or welfare, or (2) cause an immediate disruption of public services, the Zoning Administrator may' authorize the removal of the tree without a written permit. Following removal, the Zoning Administrator may determine that replacement with additional trees is necessary. In making such determination the Zoning Administrator shall utilize such professional criteria and technical assistance as may be necessary. ill Criteria for Permits - Tree removal permits shall be issued upon a detennination by the County Zoning Administrator that the application complies with all applicable standards of this section and that any of the following conditions exist: íA} That essential site improvements cannot be accommodated on the site without the removal of regulated trees; ill1 The regulated tree is dead, severely diseased, injured. or in danger of falling close to existing or proposed structures; For those regulated trees which meet or exceed the definition or "SIGNIfiCANT" Tree. their removal must be mitigated as directed in Section 67-3 If the tree is detennined to have died or is significantly damaged as a result of natural disaster then no mitigation will be required unless the tree is needed to meet the minimum number reqrnred on the site; {Q The regulated tree is causing disruption of existing utilitv service or causing passage problems upon the right-or-wav; £ill The regulated tree is posing an identifiable threat to pedestrian or vehicular safety; ART VI-9 .' , illl The re2;uJated tree violates state and 10caJ safety standards; ill RemovaJ of the re2;ulated tree is necessary to enhance or benefit the heaJth or condition of adjacent trees or property. .em The removaJ of any SIGNIFlCANT Tree as defined bv this Ordinance must be miti2;ated in accordance with the followin2; standards: ill The total caJiper inches of all si2;nificant trees proposed for removaJ shaJl be totaled and doubled. The resultant number of caliper inches must be planted back on the site with 2-3 " caliper trees as a minimwn. ill If in the detennination of the Zonin2; Administrator. the site cannot accommodate the reQuired numbers of trees. then only the amount of trees which can be accommodated on the site will be replaced and the remainder of caliper inches shaJl be miti2;ated throu2;h a payment in lieu of providin2; on-site trees. This payment shall be made into the County Tree Improvement Fund to be used for plantin2;s of public spaces in the 2;eneral vicinity of the project. The amount of the payment shall be in accordance with the pricin2; standards of the Parks Department. ill Anv miti2;ation trees required as a resuJt of the removal of si2;nificant trees shall not be counted to meet the requirements of the buffervard.buffers or interior parkin2; requirements. These trees must be provided in addition to any tree required bv this section. 67-10 Street Yard Landscapin2; ill A street yard. as defined herein. must be provided for new construction of principal structures or for expansions to existin2; structures or used whenever additional off-street parkin2; is required. However no street yard improvements shall be required for those portions of lot fronta2;e used for driveways constructed in accordance with County or State driveway re2;ulations. ill· It is intended that street yards be landscaped bv meetin2; the requirements of either the following MinimUm Standard or Creative Standard. fA} Minimum Standard: For every 300 SQ ft of streetvard area. the streetvard shall contain: , ill One Canopy/Shade tree. (3"caliper) minimum or 3 understory story trees, six ft in height, onlv when overhead power lines exist above the streetvard; and ill Six shrubs, 12" in height at planting. {ill . Areas designated for stonnwater functions except piped areas shall not be included in the caJculation of streetvard square footage. ill No more than 15% of the required street yard shall be covered with an impervious surface. This portion of the street yard may be used for walkways, fountains, waJls or fences but no parking areas shaJI be pennitted in these designated areas. ill If there are existing trees in the proposed streetyard, the County Zoning Administrator may grant credit toward meeting tree preservation requirements, provided their caliper is at least 2" or more. In addition the Zoning Administrator may require the saving of any reguJated tree iÌ1 the streetvard area. ill The Streetvard is calcuJated bv multiplving the designated streetvard factor in accordance with the zoning designation of the propertv by the linear street frontage of the property. The resuJtant square footage is required to be instaJled as the minimum ART VI-lO ..,.. :'!!" ~. .~... , . streetyard amount. The applicant may instaJl the streetvard in any configuration that provides the reQuired amount of street yard square footage between the property line and any site improvements. The maximum and minimum widths as listed in the following table may not be exceeded in any portion of the streetyard Zoning District B-2, 1-1, 1-2,A-I B·1, 0&1, and High Density Non-residential uses in Residential Districts Streetyard Factor 25 18 12 Max 37.5 27 18 Min 12.5 2 ª œ The applicant may choose to increase the streetyard multiplier up to 25% above the stated factor and receive an eQuivalent reduction in the building's front yard setback. ill For all lots recorded prior to the adoption of these reQuirements that are two acres or less, ü the Zoning Administrator determines that the essential site improvements cannot be accommodated under theses reQuirements, then the reQuired streetyard square footage may be reduced by %, but in no case shall be less than one half. lID Streetvards shall be reQuired along all street frontage. For sites with 2 or more street frontages only the primary street frontage shall contain the full amount of streetyard as indicated in the table. All secondary street frontages shall contain 1/2 the reQuired square footage amount. 67-11 Foundation Plantings ill For all portions of buildings wmch are adjacent to parking facilities or internal drive isles, Foundation Plantings shall be reQuired and located between the buildings face and the parking or drive isle. The minimum standards are reQuired~ however, it is encouraged that sites exceed the minimum whenever possible. The following minimum standard shall apply: !Al The area of the building face adjacent to the parking area or internal drive isle shall be computed and multiplied by a minimum of 12 %. The resultant totaJ SQ footage shall be planted as landscaped areas of sufficient variety, height and· size, with plantings listed in the "Tree and Plant Materials for Landscaping" ill2 Exemptions from.. this reQuirement may be granted when the following circumstances exist or when any of the following conditions are proposed on the site: ill For those portions of buildings which have drive up services along the side of the building (i.e. phannacies, banks. fast-food,dry-cleaners, photo shops, etc) ill On the rear side of a building when less than 10% of the total reQuired parking is located in the rear of the building and the rear is not adjacent to any public right-of-wav. 67-12 Landscaping for Expansions to Existing Principal Structures or Uses For expansions to existing principal structures or uses, the following table shall be utilized in ART VI-II t. ~ . .' . calculating the landscaping upgrade required for the previously developed portions of the site (up to the maximum landscaping required). All newly developed portions of the site shall be subject to the full landscaping reQuirements of this section. For expansions where options are listed for streetvard and parking facility landscaping, the higher· standard shall be utilized except where the County has detennined that practical difficulties in site development exist in which case the lower standard will be reQuired: Expansion Trees S treetyard Interior B uffervard Landscaping 10-25% Increase in 15 per acre 1/2 the required 4% Fence or 1/2 the gross floor area or width for new reQuired width for vehicular use area; construction new construction or 5-20 new parking spaces as reQuired 26-50 % Increase in 15 per acre Full width; or 112 the 4% or 6% Fence and 112 the gross floor area or . reQuired width for reQuired width for vehicular use area; new construction new construction or over 10,000 SQ ft increase in gross floor area; or 21-50 new parking spaces as reQuired Greater than 50% 15 per acre Full width reQuired 8% Full width as Increase in gross for new construction required for new floor area or construction vehicular uSe area;" or over 20,000 SQ ft increase in gross floor area; or. more than 50 new parking spaces as reQuired (1)· When a subdivision of previouslv developed property occurs and a building pennit for new construction is obtained for any newly created parcel; within 2 years of the date that the final subdivision plat was approved, all parcels of the original tract shall comply with the above provisions for expansions to existing structures or uses. ; ill For consecutive expansions OCcurring within any 2-year period, the amount of the expansions shall be sUmmed and the maximum landscaping requirements for the total extent of the expansions shall be provided. ill Not withstanding the above requirements, expansions to existing structures or uses amounting to no morè: than a total of 500 SQ ft of gross floor area over a 2-year period shall be exempt from the streetvard and landscaped parking requirements ART VI-12 "\.,<C,,,¡ 'J ' ¡t '\:' 67..13 Authority to Treat or Remove Trees on Private Property . ill The County Zonin2 Administrator may cause or order removal of any tree or part thereof on public or private property which is in an unsafe condition, dama2in2 to sewers or other public improvements facilities, or infested by an injurious fungus, disease, insect or other pest. ill The County Zonin2 Administrator may cause or order necessary treatment for any tree on public or private property which is infested by any injurious fun2us, disease. insect or other pest when he detennines such action is necessary to prevent the spread of any such· injurious condition or pest and to prevent danger therefrom to persons or property or to ve zetation planted on adjacent property ,ill Before exercising the authority conferred by this section,. the County Zoning Administrator shall order the owner or occupant of the property to take corrective action. The order shall be in writing and shall state that the action specified then must be taken within 10 consecutive calendar days after the order is mailed. If the condition has not been corrected within the time specified above. the Zoning Inspector may enter upon the property, perform the work necessary to correct the condition and bilI the owner or occupant of the property for the actual costs incurred. The costs of such work if not paid, shall constitute a lien against the property. ill No foliage shall be allowed to extend from public or private property into any portion of a street right-of-way below a height of 8 ft above the grade of the sidewalk at the property line or if no sidewalk grade has been established the height shall be measured vertically above the center of the roadway. The Zoning Administrator may cause or order corrective· action to prevent any such condition from existing. Definitions to be added: Significant Tree: Any hardwood tree or coniferous tree with a DBH (Diameter at breast height) equal to or greater than 24 inches or any Dogwood, American Holly or other Flowering Tree with a DBH equal to or greater than 8 ". I Understory Tree; Any tree 40' ft at maturity capable of thrivin2 in the lower light intensities found under the canopy of shade/canopv trees. Foundation Plantings : A required Plantin2 area between the curb line or edge of a parkin2 facility or Drive Isle and the building's facade ART VI-13