2000-09-05 RM Exhibits
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTYCOMMISSIONEI{S
IN THE MATTER OF NAMING
A PRIVATE ROAD TO
WILD MAGNOLIA ROAD
ORDINANCE
It appearing to the Board of County Commissioners of New Hanover County that
eonsideration has been given to the naming of Wild Magnolia Road loeated on the western side of
Crooked Pine Road in Seetion IV of Greenview Ranehes Development, recorded in Map Book 8
Page 98 of the New Hanover County Registry and it filrther appearing that a pub lie hearing was held
on Tuesday, September 5, 2000, at which time all persons were heard on the question of whether
or not the naming would be in the publie interest; and it further appearing that notice of said hearing
was transmitted to all adjoining resident owners and prominently posted in at least two (2) locations
along said road, and published in the Star News loeal newspaper, and the Board of County
Commissioners is of the opinion that said road in New Hanover County should be named and the
naming of same is in the public interest the deseription of which is delineated on the attached
exhibit
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road
is hereby named Wild Magnoila Road (Attached Exhibit)
IT IS FURTHER ORDERED that a eopy of this ordinanee be recorded in the office of the
Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by
the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the
road, the North Carolina Board of Transportation and to any city within five (5) miles of said road
in accordance with N C General Statutes I 53A-240
This the 5th day of September, 2000
Attest:
zJ~Q ~
William A. Caster, Chairman
0~.p~~
Clerk to the Board
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF ASSIGNING
STREET HOUSE NUMBERS
WILD MAGNOILA ROAD
CORNELIUS MOORE AVENUE
ORDER
It appearing to the Board of County Commissioners of New Hanover County
that consideration has been given to the road naming and assignment of
house numbers on wild Magnolia Road, located in Greenview Ranches,
numerical range 6600-7099; Cornelius Moore Avenue, Cape Fear Township,
numerical range 2100-2199
WHEREAS, ready and accurate identification of developed property is
important for the delivery of general County services, for the operation
of commercial enterprises, for the response of emergency and public
safety vehicles, and for the convenience of the general public; and
WHEREAS, a comprehensive and systematic property numbering system
is an efficient means of identifying property within the County; and
WHEREAS, such a system will promote the health, safety, and welfare
of the citizens of New Hanover County
THEREFORE, it further appearing that a public hearing was held on
the 5th day of September 2000, at which time all persons were heard on
the question of whether or not assigning house numbers would be in the
public interest, and it further appearing that notice of said hearing was
prominently posted in at least two (2) locations along said street, that
notice of the time, place and subject matter of the hearing was
prominently posted at the County Courthouse, and published in a newspaper
of general circulation in the County
NOW THEREFORE, it is ordained and decreed that the above House
Number Assignment be made
It is further ordered that a copy of this ordinance be transmitted
to the postmaster having jurisdiction over the road, to the Board of
Transportation, _ Sheriff's 911 dispatcher and to any city within five
miles of said road in accordance with N C General Statute 153A-240
Adopted this the 5th day of September, 2000
W~O.~
william A Caster, Chairman
~fJ~_~
Clerk to the Board
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description.
ROADS IN GEORGETOWNE SUBDIVISION
WHEREAS, the attached petition has heenflled with Ihe Board of County Commissioners of the County of
New Hanover requesting that the above described roac/(r;), the location a/which has been indicated in red on the
attached map, be added to the Seconc/arv Road Svslem, and
WlfERE4S, the Board ofCounrv COil/missioners is a/the opinion thaI lhe above described road(s) should
be added to the Secondary Road Svstel1l, if the roacl(.\) meets minimum standards and criteria established by the
Division ofHighwavs oJthe Department a/Transportation/or the addition a/roads to the Svsle11l.
NOW, THl:.7iEFORE, he it resolved hy Ihe Board ofCo/J/J/Jissio/Jers of the County of New f1anover that the
Division of Highways is hereby requested 10 reviell' the above described roac/(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 ~ day of September, 2000
WITNESS my hand and official seal this the
7VI, dayof 6epfembe-r
2000
J~ iJ~
Deputy Clerk to the Board
New Hanover County Board of Commissioners
Form SR-2
Plcasc Notc: Fonvard directly to the District Engineer, Division of Highways.
resolute. wp
AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby
ordain that a new chapter, Storm Water Manaqement, of the New Hanover County Code, be and
is enacted as follows:
SECTION I.
Authority
The provisions of this ordina~ce are adopted under the authority granted by the General
Assembly of North Carolina. (General Statutes 153-A, Article 18)
SECTION II.
Jurisdiction
The regulations set forth in this ordinance shall be applicable to all territory within the
unincorporated areas of the County of New Hanover and shall govern the development and use of
land and structures therein.
SECTION III. Title
This ordinance shall be known as the New Hanover County Storm Water Manaqement
Ordinance.
SECTION IV Purposes
The purpose of this ordinance is to protect and promote the public health, safety and
general welfare, and to safeguard the natural and man-made resources of the County by
regulating storm water runoff This purpose is accomplished by imposing conditions and
requirements upon existing and proposed development activities, and by establishing procedures
by which these requirements and conditions are to be administered and enforced.
SECTION V
Obiectives
The objectives of this ordinance are:
A. To establish the County's storm water management program
B To identify areas prone to flooding;
C To prevent the creation of new flood prone areas;
D To reduce the discharge of pollutants to the maximum extent practicable by
controlling storm water discharge rates and encouraging the use of best
management practices, structural and/or nonstructural storm water quantity and
quality control measures and other provisions;
E. To reduce erosion associated with storm water runoff;
F To provide for the inspection and proper maintenance of structural and
nonstructural storm water facilities;
G To prohibit non-storm water discharges and require the removal of illicit
discharges;
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H. To prevent improper disposal of materials that degrade water quality;
I. To permit sampling and monitoring for pollutants such as those associated with
illicit discharges, improper disposal, industrial and construction activities, and the
application of pesticides, and fertilizers; and
J To provide for the enforcement of the County's storm water management
program.
SECTION VI. Policies
6.1 General
The County has a role in the management of storm water through authorization,
planning, construction, operation and maintenance of facilities to reduce the
adverse effects of storm water runoff and to satisfy state and federal statutes and
regulations.
6.2 Property Owner Responsibility
It shall be the responsibility of individual property owners of land within the
unincorporated areas of the County, whether developed or undeveloped, to
maintain storm water conveyance facilities, such as waterways, streams, creeks,
ditches, swales, channels, canals, conduits and culverts, and storm water control
facilities, such as ponds and lakes within their property Where conditions of
existing storm water facilities are determined to be deficient and a public
nuisance, and the property owner fails to correct the deficiencies after being
notified by the County, the County may arrange for the deficiencies to be
corrected and recover all costs thereto from the property owner However, the
recovery of costs from property owners is subject to appeal as described in
Section XIV
6.3 New Development
It is the policy of the County that all land within the unincorporated areas of the
County to be developed, shall have sufficient storm water management controls
to provide adequate protection of life, property and natural resources. To this
end, as a minimum, all land disturbing activity subject to this ordinance, shall
provide sufficient management of post-development runoff from the 2-year, 10-
year, and 25-year frequency storms such that the discharge rates of post-
development storm water runoff do not exceed the pre-development rates.
6.4 Redevelopment
It is the policy of the County that all land within the unincorporated areas of the
County to be redeveloped shall improve storm water management controls of the
site as currently developed, in order to better provide protection of life, property
and natural resources. To this end, as a minimum, any redevelopment activity
subject to this ordinance shall provide sufficient management of post-
redevelopment runoff from the 1 O-year frequency storm such that the discharge
rate of post-redevelopment storm water runoff does not exceed the pre-
development rates.
6.5 Limitations of Ordinance
This ordinance does not imply that properties within the unincorporated area shall
always be free from flooding or flood damage, surface water stagnation or non-
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point source pollution or that all flood control and water treatment projects to
control the quantity and quality of runoff can be constructed cost-effectively
Nothing whatsoever in this ordinance should be construed as or be deemed to
create additional duties on the part of the County of New Hanover or hold the
County liable for any damages incurred in a flood or from adverse water quality
due to storm water runoff Nothing in this ordinance shall be deemed to waive the
County's immunity or defenses under state law or reduce the need or necessity
for flood insurance.
6.6 Consistency with County, State and Federal Rules and Regulations
The requirements of this ordinance shall be enacted, administered and enforced
consistently with the requirements of New Hanover County, the State of North
Carolina and the Federal Government for controlling storm water quality and
quantity If the requirements of this ordinance are found to conflict with other
rules and regulations of New Hanover County or the rules and regulations of the
State Of North Carolina and the Federal Government, the more stringent or
higher requirements shall govern.
SECTION VII. Definitions
7 1 General
For the purpose of this ordinance, certain terms or words used herein shall be
interpreted as follows:
7.2 Tense and Number
A.. The present tense includes the future tense, and the future tense includes the
present tense.
B. The singular number includes the plural number, the plural number includes
the singular number
7.3 Word Interpretations
A. The word "may" is permissive.
B. The words "shall" and "will" are mandatory
C The word "County" shall mean the County of New Hanover, North Carolina.
D The words "Planning Board" shall mean New Hanover County Planning
Board.
E. The words "County Commissioners" shall mean the County Commissioners
of New Hanover County, North Carolina.
F The word "person" includes firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
G. Words not defined in this manual shall be defined by the latest version of the
Webster's Dictionary
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7 4 Definitions
Applicant: The owner of a site who executes the forms required for
requesting the authorization to construct a project pursuant to this
ordinance.
Application: Application form to be submitted by applicant requesting
the authorization of the County to construct a project pursuant to this
ordinance.
Authorization- To-Construct: Following the satisfactory review of the
application form and supporting documents whereby the County finds
that the application and supporting documents are consistent with the
requirements of this ordinance, the County will issue an Authorization-To-
Construct.
Best management practice (BMP). A structural or nonstructural
management-based practice used singularly or in combination to reduce
non-point source inputs to receiving waters in order to achieve water
quality protection goals.
Built-upon area: That portion of a development project that is covered
by impervious or partially impervious cover including buildings, pavement,
gravel and turf (for pedestrian or vehicular use), recreation facilities (e.g.
tennis courts), etc. (Note: wooden slatted decks and the water area of a
swimming pool are not considered built-upon area.)
Certificate of Completion: Signed, sealed and dated certificate
prepared by an authorized design professional which states that the
construction authorized by the authorization-to-construct as issued by the
County has been completed.
Certificate of Occupancy. The certificate from the New Hanover
County Inspections Department allowing the occupancy of a building.
Connection: Any ditch, pipe, or other device for the diversion or
transmission of storm drainage which will in any way affect the operation
or maintenance of the receiving storm water conveyance.
Design Professional: Storm water systems must be designed by an
individual who meets the North Carolina occupational licensing
requirements for the type of storm water system proposed.
Detention: The collection and storage of storm water runoff with
subsequent discharge to surface waters.
Developed Land: Parcels altered from a natural state by construction or
installation of impervious surfaces. For new construction, the County
shall consider parcels developed upon the issuance of the Authorization-
To-Construct pursuant to this ordinance.
Developer A person engaged in land, site, or building development.
Drainage Nuisance: Unapproved obstructions of swales, ditches,
culverts, pipes, or other storm water conveyances shall constitute a
drainage nuisance.
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Excavation: Any act, or the conditions resulting therefrom, by which soil,
earth, sand, gravel, rock or similar material is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
Facility: Shall mean a storm water management facility, and shall
include all land, materials, and appurtenances used in construction and
operation of said facility Facilities include, but are not necessarily limited
to, constructed wetlands, infiltration systems, retention ponds, detention
ponds, grassed swales, ditches, etc.
Fill: Any act, or the tonditions resulting therefrom, by which soil, earth,
sand, gravel, rock or'any similar material is deposited, placed, pushed,
pulled or transported.
Floodplain: Any area susceptible to being inundated by water from any
source. For the purposes of this ordinance all development activity
govern by this ordinance shall be evaluated for the fiood conditions
anticipated for the 10,o-year frequency storm.
Garbage: Animal and vegetable refuse resulting from the handling,
preparation, cooking land consumption of food, including a minimum
amount of liquid necessarily incident thereto.
Grading: Any act causing disturbance of the earth. This shall include
but not be limited to any excavating, filling, stockpiling or earth materials,
grubbing, root mat or topsoil disturbance, or any combination of such.
Having control over' Shall mean but not be limited to any person using,
transferring, storing, or transporting a hazardous material immediately
prior to release of su~h hazardous material on the land or into the air or
the waters.
Hazardous material: Any substance which, when discharged in any
quantity, may present an eminent and substantial danger to the public
health or welfare or to the environment.
Hazardous material response: The sending of fire department
resources to abate hazardous materials which endanger the health or
safety of persons or the environment.
Illicit Discharge: Any discharge to a municipal separate storm sewer
that is not composed entirely of storm water except discharges pursuant
to a NPDES permit (other than the NPDES permit for discharges from the
municipal separate storm sewer) and discharges resulting from
firefighting activities. :
Impervious: Any material that impedes or prevents the natural filtration
of water into the soil.
Impervious Surface Areas: Areas of impervious material including but
are not limited to roofs, driveways, patios, sidewalks, parking areas,
tennis courts, concrete or asphalt streets, crushed stone, and gravel.
Imperviousness: The degree to which a site is impervious.
Infiltration: The recharge of storm water runoff into the subsurface soil.
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Land Disturbing Activity' Any earth movement and land use changes
which may result in soil erosion or the movement of sediments into
waters or onto other lands, including, but not limited to, tilling, clearing,
grading, excavating, stripping, filling and related activities, and the
covering of land surfaces with any structure or impermeable material.
Except, mowing and bush hogging operations, which not disturb the root
mat shall not be considered iand disturbing activity
Municipal Separate'Storm Sewer A storm water conveyance or
system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade
channeis, or storm drains).
National Pollutant Discharge Elimination System (NPDES). A
permitting system established by Section 402 of the Clean Water Act.
NPDES permits are issued by the State of North Carolina for discharges
directly to the surface waters of the state.
Natural Ground Surface: The ground surface in its original state before
any land disturbing activity
New Development:; Any activity for which a building permit or a grading
permit is required, or where any Land Disturbing Activity occurs, except
for the construction of a single family home not govern by the New
,
Hanover County Subdivision Ordinance.
Off-Site Facility' With respect to any particular property, shall mean a
storm water management facility serving said property but not located on
said property
On-Site Facility' With respect to any particular property, shall mean a
storm water management facility serving the subject property and located
thereon.
Owner The owner or owners of a site on which land disturbing activity
is, will, or has been done.
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Permit: Any and all permits required by federal, state and local
ordinances, and reguiations.
Permittee: Any person to whom a permit is issued.
Person. Any individual, corporation, partnership, joint venture, agency,
unincorporated association, municipal corporation, County, state, or
federal agency or any combination thereof.
Phased Development: The development of land by phasing over an
extended period of time.
Post-Development State: A site in its proposed condition following the
completion of a development activity
Pre-Development State: A site in its natural condition prior to any
development activity
Private Facility' Any storm water management facility not owned and
operated by the County
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Public Facility' Any storm water management facility owned and
operated by New Hanover County. Municipalities or State of North
Carolina.
Redevelopment: The substantial modification of existing developed
areas, not to include interior remodeling or modifications which do not
include substantial modifications to the impervious surface of the facility
Retention: The collection and storage of storm water runoff without
subsequent discharge to surface waters.
Sediment Control (Land-Disturbance) Permit: The sediment control
permit issued by the New Hanover County or the State of North Carolina
authorizing land disturbing activities in accordance with applicable
ordinances and regulations.
Single-Family Residential Use: One residential structure on one parcel
containing only one housing unit.
Site: That portion of land. lot or parcel of land, or combination of
contiguous lots or parcels of land upon which land disturbing activity is to
be performed.
Site Expansion: The addition of new building(s), structures, parking
lot(s), or any other new impervious surface to the site. Construction of
any new impervious surface on an area previously impervious, which
does not meet the definition of redevelopment, as defined in this section
shall be considered as expansion.
Storm Water Conveyance: Any feature of the landscape or earth.
manmade or natural, which carries water in a concentrated flow
Storm Frequency' The average recurrence interval, in years, between
rainfall events which equal or exceed the given event. The magnitude
and frequency of the anticipated rainfall events are based on statistical
data recorded and maintained by the National Climatic Data Center For
example a 2-year frequency storm is a storm of an intensity expected to
occur on the average, at least once in two (2) years, and of a duration
which will produce the peak rate of runoff for the watershed of interest.
Storm Water Design Manual: The current storm water design manual
of New Hanover County available for purchase from the County
Storm Water Discharge: Conveyance of storm water discharge into
waters of the United States.
Storm Water Management: The qualitative and quantitative measures
for controlling storm water runoff. Qualitative controls consist of
vegetative, structural', and other measures which control or treat
pollutants carried by surface runoff. Quantitative controls consist of
vegetative and structural measures which control the increased volume
and rate of surface runoff caused by man-made changes to the land and
have the effect of maintaining the predevelopment patterns of flood
magnitude and frequency
Storm Water Management Plan: A plan designed in accordance with
the New Hanover County Storm Water Design Manual to minimize
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flooding, water quality impacts and erosion, prevent off-site sedimentation
and manage storm water runoff, submitted as a prerequisite to obtaining
an Authorization- To-Construct. The plan shall be prepared and designed
in accordance with this ordinance, all other County regulations, and
applicable state and federal laws and regulations.
Storm Water System: All man-made structures or natural features
within the New Hanover County that serve to provide for conveyance of
storm water runoff water resulting from natural storm events.
Components of the storm water system include but are not limited to
swales, ditches, pipes, channeis, creeks, ponds, weirs, culverts,
manholes, swales, inlet structures, and infiltration fields.
Supporting Docum~nts: Plans, profiles, details, specifications,
calculations, deeds, easements, covenants, operation and maintenance
plans, maps delineating the 404 wetlands on the site signed by the U.S
Army Corps of Engineers, soils investigation data, and other such
material as may be required by the County to review the "Application for
Authorization-To-Construct" for a project pursuant to this ordinance.
Undeveloped Land.; Land that does not meet the definition of developed
land. I
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Water Course Or Drainage Way: Any natural or artificial water course,
including, but not limited to: streams, rivers, creeks, ponds, lakes,
ditches, channels, canals, conduits, culverts, drains, waterways, gullies,
ravines, or washes in which waters flow in a definite direction or course,
either continuously or intermittently; and including any area adjacent
thereto which is subject to inundation by reason of overflow of flood
water
Wetlands (404 Wetlands). Wetlands means those areas defined by the
U.S. Army Corps of Engineers as jurisdictional 404 wetlands.
SECTION VIII. RiQht-of-entrv
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8.1 General
The County shall have right-of-entry on or upon the property of any person
subject to this ordinance and any construction authorization issued hereunder
The County shall be provided ready access to all parts of the premises for the
purposes of inspection, monitoring, sampling, inventory, records examination and
copying, and the performance of any other duties necessary to determine
compliance with this ordinance.
8.2 Where a person has security measures in force which require proper
identification and cle')lrance before entry into its premises, the person shall make
necessary arrangements with its security guards so that, upon presentation of
suitable identification, the County will be permitted to enter without delay for the
purposes of performi~g specific responsibilities.
8.3 The County shall have the right to set up on the person's property such devices
as are necessary to conduct sampling and/or metering of the person's operations
as it applies to this ordinance.
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8.4 Any temporary or permanent obstruction to safe and easy access to the areas to
be inspected and/or monitored shall be removed promptly by the person at the
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written or verbal request of the County The costs of clearing such access shall
be borne by the person.
8.5 The County may inspect the facilities of any user in order to ensure compliance
with this ordinance. Such inspection shall be made with the consent of the
owner, manager, or signatory official. If such consent is refused the County may
seek issuance or an administrative search warrant.
SECTION IX. Assessments for ReQional Proiects
9.1
9.2
9.3
9.4
9.5
9.6
Property owners of single-family homes. townhouses and condominium
properties can request that County Commissioners approve a resolution that
allows storm water improvement costs to be assessed against the property as a
lien.
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The County Commissioners shall determine which storm water improvements
inside shall be provided and the type of solution, either piping or non-piping. for
the improvement. Th:e Commissioners shall likewise determine the amount of
construction cost to tie borne by the petitioners and the amount, if any, to be
borne by the County.1
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Unless partially or completely funded by the County, the assessment formula for
storm water improvements shall be set at a rate that recovers one hundred (100)
percent of the constr6ction cost, including engineering, labor and materials.
The assessments shlll be payable in equal installments, which installments will
bear interest at a rate to be fixed in the assessment resolution not to exceed the
annual rate allowed by law Such interest shall begin from the date of
confirmation of the assessment roll; provided, that any such assessment may be
paid in full in cash without the addition of interest within thirty (30) days from the
date of publication of:the notice of the confirmation of the assessment roll. The
first of the installments with interest thereon shall become due and payable thirty
(30) days after the publication of the notice hereinabove required to be published,
and one (1) subsequent installment with interest thereon shall be due and
payable on the same: day of the month until the assessments have been paid in
full. I
Property owners of single family homes, townhouses and condominium
properties may also \equest County Commissioners adopt a resolution providing
that certain storm wa,ter improvement projects be funded entirely by the County
Projects will be qualified relative to availability of budgeted funds and the County
shall determine the type of storm water improvement solution to be applied.
Project eligibility for one hundred (100) percent funding shall be determined,
based on criteria whith includes, but is not limited to (1) the degree drainage is
contributing to a publ'ic safety and/or health hazard; (2) relative amount of public
storm water runoff being conveyed by drainage system; (3) anticipated negative
environmental impacts (required mitigation); and (4) consistency with an
approved storm water master plan.
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The County Commiskioners may adopt a resolution to estabiish Storm
Water/Drainage districts that may be funded by a district tax providing, revenues
collected within a district are used within the district for the enhancement of the
districts storm water 'management, maintenance or expansion.
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SECTION X. New Development
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Storm water runoff measures for new development shall be designed, constructed and
maintained by the owner of the property in accordance with the provisions of this ordinance.
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10.1 Applicability
(1)
Any development activity that will result in the accumulation of ten thousand
(10,000) square feet or more of impervious surface area on any site, other
than a single-family residence in any development not regulated by the New
Hanover County :SUbdivision Ordinance, is required to obtain a written
"Authorization- To-Construct" from the County
Any redevelopmtt activity which disturbs less than one acre that will result
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in no additional impervious surface area is not required to obtain a written
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"Authorization- To-Construct" from the County Any redevelopment activity for
a site with ten thbusand (10,000) square feet or more of existing impervious
surface area whibh will result in more than three thousand (3,000) square feet
of additional impervious surface area is required to obtain a written
"Authorization- T 6-Construct" from the County Any redevelopment activity for
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a site with less than ten thousand (10,000) square feet of existing impervious
surface area which will result in additional impervious surface area shall be
required to obtai;' a written "Authorization-To-Construct" from the County if
the total area of i'mpervious surface exceeds thirteen thousand (13,000)
square feet. Th~ relocation of impervious surfaces shall be allowed within the
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proJec. I
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No land-disturbi~g activity may begin on a site meeting the requirements of
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subsection 10 1 (n and subsection 10.1 (2) until the provisions of this
ordinance have been satisfied and the County has issued an "Authorization-
To-Construct" fot the land-disturbing activity
Whenever a site/is redeveloped as set forth in subsection 10.1(2), storm
water management shall be provided in accordance with the provisions the
redevelopment s~ctions(s) of this ordinance for the entire site, even if the
redevelopment a'ctivity results in less impervious area than previously existed
on the site. Wh~n a building on a site is redeveloped, or completely replaced,
then the new impervious area shall include the total impervious area after
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redevelopment. I
Whenever a site liS expanded as set forth in subsection 10 1(1) of this section,
the expanded portion of the facilities shall comply with this ordinance.
Whenever the expansion equals or exceeds fifty (50) percent of the existing
development, th~ project shall be considered "redevelopment" and the entire
project shall be required to comply with this ordinance.
(2)
(3)
(4)
(5)
(6)
All projects subject to the provisions of this ordinance shall require the
issuance of an "Authorization-To-Construct" by the County before receiving
approvals of preliminary plats for subdivisions, and building permits for non-
subdivision proj~cts.
The construction: of single-family residences on single family lots of record
and valid preliminary subdivision plans on the effective date of this ordinance
shall be exempt from this ordinance.
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(7)
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10.2 Duty and Responsi~ility of the Owner
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It shall be the duty arid responsibility of all property owners, in order to abate and
prevent nuisances re~ulting from improper drainage, to provide at their own
expense a proper and adequate drainage system of their respective premises in
accordance with the provisions of this ordinance.
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10.3 Application for "Authorization-To-Construct"
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A person desiring to develop or redevelop land subject to the provisions of this
ordinance shall request an "Authorization-To-Construct" by submitting a
completed application form, application fee, supporting documents, and
certifications to the Cpunty Upon finding that the request is consistent with the
provisions of this ordinance, the County will issue an "Authorization-To-
Construct" I
(1) Application Form.
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The application form for an "Authorization-To-Construct" may be obtained
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from the County I
(2) Application Fee:s.
Application fees khall be based on a fee schedule approved by the County
Commissioners. :
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(3) Supporting Documents.
Supporting doculents shall be submitted with the application.
supporting docur\,ents shall consist of the following:
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a) Narrative Statement which describes the proposed development,
b) Copy of Deed(s),
c) Two (2) Sets of Plans which show the existing site conditions and the
proposed site improvements.
d) Calculations'
e) Operation arid Maintenance Plan
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(4) Design Professional's Certification
,
The design ProfJssional preparing the plans, specifications and other
supporting docur\,ents subject to the provisions of this ordinance shall be
responsible for p~eparing the plans, specifications and other supporting
documents in ad:ordance with the requirements of this ordinance and the
New Hanover County Storm Water Design Manual. The design professional
shall certify on the plans and the application that the proposed improvements
,
shown on the plans have been designed in accordance with the ordinance
and manual. :
The
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(5) Owner Certification
!
The owner(s) orthe property to be developed or redeveloped shall certify on
the plan and the ,application the following:
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a) Ownership of the property
b) Acceptance of responsibility to comply with the requirements of the New
Hanover County Storm Water Management Ordinance
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Page 11
10.4
10.5
10.6
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c) Project will be constructed in accordance with plan and the requirements
of the applicable ordinances and rules of New Hanover County. the State
of North Carolina and the federal government
d) Proposed stbrm water management facilities will be operated and
maintained in accordance with plan and the requirements of the
applicable or~inances and rules of New Hanover County. the State of
North Carolina and the federal government
e) Ownership and responsibility to operate and maintain proposed storm
water management facilities shall not be transferred from owner without
the written authorization of the County Owner shall record a notice of
issuance of the Authorization- To-Construct in a format acceptable to the
County I
County Review I
I
The application and supporting documents shall be reviewed by the County
Upon satisfactory reView of the application form and supporting documents
whereby the County finds that the application and supporting documents are
,
consistent with the requirements of this ordinance, the County will issue an
Authorization-To-Construct. If no action is taken by the County within the time
limits specified in thelOesign Manual the project will be deemed to have been
approved and the County will immediately issue an Authorization- To-Construct.
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Limitation of countr Review
The review of the application and supporting documents by the County shall be to
determine if the request submittal is complete and in accordance with the
requirements of this 6rdinance. Nothing whatsoever in the review should be
construed as or be deemed to create additional duties on the part of the County
,
of New Hanover that are the responsibilities of the Owner and the design
professional. I
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Construction Authorization Conditions
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Authorization-To-Cor\struct shall include the following conditions:
I
(1) All other local, st1te and federal permits will be obtained before starting work.
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(2) All construction ~ill be in accordance with the "Authorization-To-Construct"
(3) Modifications may be requested, but may not be constructed without the
issuance of a revised "Authorization- To-Construct"
(4)
The owner shall arrange for adequate construction observation by a design
professional whd shall, upon project completion, certify to the completion of
the work in accordance with the "Authorization- To-Construct"
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(5) The County may'visit the project and observe the progress of the work.
,
However nothing whatsoever in the visit and observation of the project should
be construed as ~r be deemed to create additional duties on the part of the
County of New Hanover that are the responsibilities of the Owner and the
design professio~al.
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10.7 Construction Comp'letion Certifications
Upon completion of the construction required by the "Authorization- To-Construct",
the owner shall deliver to the County the design professional's certification. The
,
Page 12
10.8
10.9
10.10
design professional shall adequately observe the progress of the construction
work required by the ."Authorization- To-Construct" Upon the satisfactory
completion of the work the design professional shall prepare a certification to the
Owner that the work required by the "Authorization-To-Construct" has been
completed.
Final Plat and/or Certificate of Occupancy
,
The County shall not:allow final plats to be recorded and certificates of
occupancies to be issued for any project(s) until the County has accepted the
construction completion certification. or until a surety in the form and amount
acceptable to the County has been posted by the Owner A surety will not be
accepted by the County until the County receives a certification by the design
professional which indicates sufficient improvements have been completed which
will adequately protect the proposed improvements. Certificates of occupancies
cannot be issued until temporary and/or permanent drainage facilities have been
installed and have been certified as being sufficient to protect the proposed
improvements by the' design professional. The surety is not to exceed 110% of
the cost of the tempdrary and/or permanent facilities covered within this
ordinance and appro~ed within the "Authorization- To-Construct"
Operation and MaiJtenance Program
!
The owner shall be responsible for the operation and maintenance of the storm
water facilities. In th~ event repairs are needed to the storm water facilities. the
owner(s) of record, as ascertained from the New Hanover County Tax Record or
such other public documents that the County staff may choose to examine, shall
be responsible for mbking the repairs.
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Transfer of Ownership Authorization for Storm Water Facilities Falling
Within Common Ar~as of a Development
Ownership of storm later facilities falling within the common areas of a
development shall ndt be transferred without the written authorization of the
County The applical;on form to transfer ownership may be obtained from the
County Attorney Th~ application fee for requesting authorization to change
. ,
ownership shall be based on a fee schedule approved by the County
Commissioners. The supporting documents shall include the following:
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(1) Existing deed(s) and easement(s)
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(2) Proposed deed(s) and easement(s)
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(3)
Existing "Authorization-To-Construct", application and supporting
documents !
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Any previous corf,pletion certifications
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(4)
(5)
A certification fro'm a design professional that the project has been inspected
within last thirty days and was found to be in compliance with the
requirements of the "Authorization-To-Construct"
(6)
A certification bY'the proposed owner(s) that ownership of the storm water
facilities will be accepted by the proposed owner, if ownership transfer is
authorized by the County In addition proposed owner certification shall state
that the proposed owner(s) will continue to operate and maintain the facilities
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Page t 3
in accordance with the conditions,"obligations and duties of the
"Authorization-To-Construct" and this ordinance.
10.11 Transfer of Ownership of Storm Water Facilities Not Falling Within Common
Areas of a Development
Ownership of storm water facilities, including but not limited to: grassed swales,
ditches and water carrying devices, that fall within the deeded areas of an
individual parcel or home site shall be transferred with the passing of a general
warranty deed without the written authorization of the County The deed
restrictions are to state that the owner will continue to operate and maintain the
facilities in accordance with the conditions, obligations and duties of the
"Authorization-To-Construct" and this ordinance. Acceptance of the general
warranty deed shall be a certification that the proposed owner(s) will continue to
operate and maintairi the facilities in accordance with the conditions, obligations
and duties of the "Au,thorization-To-Construct" and this ordinance.
SECTION XI. Illicit Dischar!les and Improper Disposal
11 1 Prohibited Discharges
(1) Illicit Connectio,ns
a) It shall be unlawful to use any stream or watercourse to carry off water
from any kitchen sink, lavatory, toilet, 1I00r drain, shower, bathtub or
privy, or to carry off any lIuid of an offensive or dangerous nature. No
water or refuse from any industrial, commercial or institutional process,
including uncontaminated water used for heating or cooling, shall be
discharged in any stream or watercourse by any person until such person
has obtained the appropriate local, state and federal permits.
b) Street and Utility Construction.
Plans for all public and private streets and utilities shall be submitted to
the County for review Construction of streets and utilities shall not start
until an "Authorization-To-Construct" has been issued. Work performed
pursuant to an "Authorization- To-Construct" shall be inspected and
certified as complete to the County by the design professional.
c) It shall be unlawful, willfully or negligently to injure, deface, mutilate,
destroy, tamper or interfere with the County sewer system.
(2) Improper Disposal.
It shall be unlawful for any person to discharge non-storm water to any storm
water conveyance with the exception of the following:
a) Water line lIushing
b) Diverted stream 1I0ws
c) Rising ground waters
d) Uncontaminated ground water infiltration (as defined at 40CFR
35.2005(20))to separate storm sewers
e) Uncontaminated pumped ground water discharges from potable water
sources
f) Foundation drains
g) Air conditioning condensation
h) Irrigation water
i) Springs
j) Water from crawl space pumps
k) Footing drains
Page 14
I) Lawn watering
m) Car washing at one's residence, not for hire
n) Flows from riparian habitats and wetlands
0) Dechlorinated swimming pool discharges
p) Street wash waters
q) Discharges from firefighting
(3) Litter and Refuse Control
It shall be unlawful to throw, place or deposit any refuse in any street, public
place, on any private property, or in any conveyance within the County,
except in garbage receptacies. It shall be unlawful for any person to throw
any garbage, refuse, grass, shrubbery, tree clippings, bottles, cans or
containers of any kind upon the street right-of-ways or any storm water
conveyance, or upon the private premises of another without the permission
of the owner or person in control of the premises, or upon any public
property
(4) Organic Waste
a) It shall be the duty of the property owner to keep piled leaves out of the
gutter, inlet, catch basin, or side ditch
b) It shall be unlawful to place stumps or any organic materials on any
property, public or private, except in those specific public areas
designated for such use by the County or on private property with the
approval of the owner of the property
c) It shall be unlawful to place grass clippings, leaves, tree and shrub
clippings, or any other yard wastes in any street, storm drain, stream,
storm water conveyance, or any other location where concentrated storm
water flows will wash such wastes into the storm sewers.
d) No privy, animal pen or stable of any kind shall be permitted to stand so
near any stream, ditch, drain, or storm water conveyance of any kind that
the droppings therefrom will run into such stream, ditch, drain, or storm
water conveyance or in any way poison or contaminate the water therein;
nor shall the urine from any privy, animal pen or stable of any kind be
allowed to fall or be emptied into any stream, ditch, drain, or storm water
conveyance.
e) While maintaining adequate erosion control measures and compliance
with Federal and State wetland regulations, every owner and every
person in possession of any premises across or through which any
stream or open ditch runs, or on which any body of water is impounded
shall keep the banks, bottoms and edges free and clear of all vegetation
which might grow in, on or overhang into the water in such stream, ditch
or other body of water and which thereby results in impeding the flow,
creating stagnation, and/or impacting the water body's performance for
water quantity or quality control.
f) Every owner and every person in possession of any premises across or
through which any stream or open ditch runs, or on which any body of
water is impounded shall not apply fertilize in excessive amounts in or
around these areas so as to cause vegetative growth at an rate or in a
manner that will cause or result in impeding the flow, creating stagnation
and/or impacting the water body's performance for water quantity or
quality control or at a rate that could be considered an illicit discharge or
create problems of a similar nature off site.
Page 15
11.2 Spill Response
(1) Purpose and Authority
The County shall have the authority to summarily abate, control and contain
hazardous materials, which are emitted into the environment in such a
manner as to endanger the health or safety of the general public or the
environment. The County shall have the authority to enter public or private
property with or without the owner's consent, to respond to such hazardous
materials emergencies. The County shall determine the type, amount and
quantity of equipment and personnel required to adequately abate, control
and contain all hazardous materials which are emitted into the environment.
(2) Responsibility; fees and charges.
The property owner and/or the person exercising control over the hazardous
materials that create the hazardous material emergency shall be held
financially liable for the response, control, containment, equipment, and
materials costs incurred by the County fire department during the emergency
The property owner and/or person exercising control over such hazardous
material, may provide personnel to assist abatement, removal and remedial
measures, provided such personnel have been adequately equipped and
trained pursuant to the requirements of state and federal laws. The County
shall not be liable for the use of outside personnel. Assistance shall consist
of any or all of the following:
a) Informing fire department personnel of all matters pertaining to the
incident;
b) Supplying emergency response plan information for the site;
c) Supplying emergency response equipment, personnel and materials.
The property owner and/or the person exercising control over the hazardous
materials shall be responsible for the costs of abatement, control and
containment of hazardous material responses or fire incidents involving
hazardous material. Failure of the property owner and/or the person
exercising control over the hazardous materials to pay the County for the
charges shall give the County a right to levy a lien upon the land or the
premises where the hazardous material emergency arose and the levy shall
be collected in the same manner as unpaid taxes pursuant to the authority of
N.C G.S.
(3) Fire incidents involving hazardous materials.
In fire incidents that involve hazardous materials or an exposure to hazardous
materials, no fee will be assessed for resources normally associated with
firefightlng operations.
SECTION XII. Industrial and Related Activities
12.1 Review of storm water pollution prevention plans
The County may review the storm water pollution prevention plans required under
a facility's NPDES storm water discharge permit when outfall monitoring or the
illicit discharge/improper disposal program locates a suspected violator
Page 16
SECTION XIII. Enforcement
13.1 Violations
Any of the following shall be a violation of this ordinance and shall be subject to
the enforcement remedies and penalties provided by this article and by state law'
(1) Development without permit.
To engage in any development or redevelopment, subject to the jurisdiction of
this ordinance without all required "Authorization-To-Construct", certificates,
or other forms of authorization as set forth in this ordinance.
(2) Development inconsistent with permit.
To engage in any development, use, construction remodeling or other activity
of any nature in any way inconsistent with any approved required
"Authorization-To-Construct" certificate, or other form of authorization granted
for such activity
(3) Violation by act or omission.
To violate, by act or omission, any term, variance, modification, condition, or
qualification pi aced by the County or its agent boards upon any required
permit, certificate, or other form of authorization of the use, development, or
other activity upon land or improvements thereon.
(4) Use in violation.
To erect, construct, reconstruct, alter, repair, convert, maintain, or use any
building or structure or to use any land in violation or contravention of this
ordinance or any other regulation made under the authority conferred
thereby
(5) Continuing a violation.
To continue any of the above violations is a separate and distinct offense
each day
13.2 Civil Penalties
(1) Illicit Connections
(a) Any person who is found responsible for an illicit connection shall receive
a notice of violation when the connection is discovered. The person shall
have thirty (30) days to remove the connection. At the end of that time if
the connection has not been removed, the County may enter the property
and take measures necessary to remove the connection and perform
whatever cleanup or abatement is necessary If the person fails to
remove the connection in the time prescribed, the County may petition
the superior court of justice, for the issuance of an injunction to compel
removal and payment; however, removai of the illicit connection shall be
immediately upon the determination of the County that the connection
poses an imminent threat to public health.
(b) If any person who previously has been found to have an illicit connection
reconnects to the municipal separate storm sewer, he shall be assessed
a civil penalty not to exceed five thousand dollars ($5,000.00). The
Page 17
penalty shall increase by twenty-five percent (25%) of the previous
penalty amount for every subsequent illicit connection made by the same
person. The penalty shall be in addition to the cost of cleanup and
abatement. If the person has or is required to have a storm water
discharge permit from the North Carolina Division of Environmental
Management, the County shall alert the appropriate state authorities of
the violation. In determining the amount of the penalty the County shall
consider the following:
1) The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
8) The costs of enforcement to New Hanover County
(2) Improper Disposal
(a) Process wastewater
Any person who is found to have improperly disposed of process
wastewater to the municipal separate storm sewer shall be assessed a
civil penalty not to exceed five thousand dollars ($5,000.00). In
determining the amount of the penalty the County shall consider the
following:
1) The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
8) The costs of enforcement to New Hanover County
Page 18
b) Bulk sales.
Any person who is found to have improperly disposed of any substance
that was purchased at a bulk sales location which, upon discharge to the
municipal separate storm sewer system or drainage network, would have
an adverse impact on water quality or cause the County to be in
noncompliance with any applicable environmental permit shall be
assessed a civil penalty not to exceed five thousand dollars ($5,000.00).
In determining the amount of the penalty the County shall consider the
following:
1) The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompiiance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
8) The costs of enforcement to New Hanover County
c) Household products.
Any person who is found to have improperly disposed of any substance
that was purchased over-the-counter for household, in quantities
considered normal for household purposes, which, upon discharge to the
municipal separate storm sewer system or drainage network, would have
an adverse impact on water quality or cause the County to be in
noncompiiance with any applicable environmental permit shall be
assessed a civil penalty not to exceed five hundred dollars ($500.00). in
determining the amount of the civil penalty the County shall consider the
following:
1) The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
8) The costs of enforcement to New Hanover County
Page 19
d) Yard waste.
Any person who is found to have improperly disposed of leaves, grass
clippings, or other yard wastes shall be assessed a civil penalty not to
exceed five hundred dollars ($500.00). In determining the amount of the
penalty the County shall consider the following:
1) The degree and extent of the harm to the natural resources, to the
public health, or to the public or private property resulting from the
violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
8) The costs of enforcement to New Hanover County
e) Repeat violation.
If a person is found to be responsible for more than one (1) instance of
improper disposal, the penalty shall increase by twenty-five percent (25%)
of the previous penalty amount for each subsequent improper disposal.
The penalties shall be additional to the cost of clean-up and abatement.
f) Failure to report.
The penalty assessed for any of the above violations shall be increased
by twenty-five percent (25%) of the amount assessed for any spill not
properly reported by the violator once he has knowledge of the violation.
(3) In the event there are subsequent penalties assessed by the state against the
County for improper disposal or illegal dumping, or illicit connection into the
municipal separate storm sewer system, caused by any person, such person
shall be assessed the equivalent amount of civil penalty
13.3 Public Nuisances
(1) Nuisances.
The following enumerated and described conditions are found, deemed and
declared to constitute a detriment, danger and hazard to the health, safety,
morals and general welfare of the inhabitants of the County and are found,
deemed and declared to be public nuisances wherever the same may exist
and the creation, maintenance, or failure to abate any nuisances is hereby
declared unlawful:
a) Any condition which constitutes a breeding ground or harbor for rats,
mosquitoes, harmful insects, or other pests.
b) Any open place of concentration of combustible items such as
mattresses, boxes, paper, automobile tires and tubes, garbage, trash,
refuse, brush, old clothes, rags, or any other combustible materials or
objects of a like nature.
Page 20
c) An open place of collection of garbage, food waste, animal waste, or any
other rotlen or putrescible matler of any kind.
d) Any furniture, appliances, or metal products of any kind or nature openly
kept which have jagged edges of metal or glass, or areas of confinement.
e) Any condition which blocks, hinders, or obstructs in any way the natural
flow of branches, streams, creeks, surface waters, ditches, or drains, to
the extent that the premises is not free from standing water
(2) Notice to abate; emergency abatement by County
If any person shall violate the provisions of this ordinance, it shall be the duty
of the County to give notice to the owner or to any person in possession of
the subject property, directing that all unlawful conditions existing thereupon
be abated within ten (10) days from the date of such notice or within ten (10)
days from the date of a final decision if appealed to the County Manager;
provided, that if, in the opinion of the County, the unlawful condition is such
that it is of imminent danger or peril to the public, then an authorized
representative of the County may, without notice, proceed to abate the same,
and the cost thereof shall be charged against the property
(3) Abatement by County where owner fails to abate.
Upon the failure of the owner or person in possession of any premises to
abate any unlawful condition existing thereupon within ten (10) days, it shall
be the duty of an authorized representative of the County to cause the
removal and abatement of such unlawful condition.
13.4 Remedies
Any or all of the following procedures may be used to enforce the provisions of
this ordinance:
(1) Injunction.
Any violation of this ordinance or of any condition, order, requirement, or
remedy adopted pursuant hereto may be restrained, corrected, abated,
mandated, or enjoined by other appropriate proceeding pursuant to state law
(2) Civil penalties.
Any person who violates any provision of this ordinance shall be subject to
the assessment of a civil penally
(3) Denial of permit.
The County shall withhold or deny any permit, certificate, or other
authorization on any land, building, structure, or use in which there is an
uncorrected violation of a provision of this ordinance, or of a condition or
qualification of a permit, certificate, or other authorization previously granted.
(4) Conditional permit or temporary certificate.
The County may condition the authorization of any permit or certificate upon
the correction of the deficiency, payment of civil penalties within a specified
time, or the posting of a compliance security approved by appropriate
government authority
Page 2 t
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(5) Revocation of permit.
The County may revoke and require the return of a permit or certificate by
notifying the permit holder in writing, stating the reason for the revocation.
Permits or certificates shali be revoked for any substantial departure from the
approved application plans, or specifications; refusal or failure to comply with
the requirements of state or local law; or for false statements or
misrepresentations made in securing the permit or certificate. Any permit or
certificate mistakenly issued in violation of any applicable state or local law
may also be revoked.
(6) Criminal penalties.
Any violation of this ordinance shali be a misdemeanor or infraction as
provided by NCGS 14-4 Each violation shali be subject to a fine not to
exceed five hundred doliars ($500.00).
(7) Notification of the state enforcement officials
a) Industrial and related facilities.
When the County discovers an apparent violation of an industrial or
related facility's NPDES storm water discharge permit, the County shali
notify the appropriate state officials immediately
b) Construction sites.
If the County discovers an apparent violation of the NPDES storm water
discharge permit required by the state for sites with land-disturbing
activity greater than five (5) acres, he shali report the violation
immediately to the appropriate state officials.
c) Abatement.
When the discharge from a facility interferes significantly with the
municipal separate storm sewer, and the facility fails to take appropriate
actions upon notification by the County, the County may take immediate
and appropriate measures to control the problem whether or not the
facility is violating its NPDES permit and recover the cost from the facility
(8) Judicial enforcement.
When any person is in violation of the provisions of this ordinance, the
County, through the County Attorney, may petition the superior court of
justice for the issuance of a restraining order or a preliminary and permanent
injunction which restrains or compels the activities in question.
SECTION XIV Appeals
14.1 Appeal Hearing
(1) Any person assessed a civil penalty or ordered to abate a nuisance under this
ordinance shall have the right to a hearing before the County Manager or
Manager's designee upon making a written demand to the County Manager
specifying the issues to be contested, within fourteen (14) days foliowing receipt
of the assessment or abatement notice.
(2) Unless such written demand is made within the time specified herein, the action
shali be final and binding.
Page 22
If ~.
r -:-.- ~~.
(3) The County Manager or Manager's designee shall make a final decision on the
contested penalty or abatement notice within thirty (30) days of the receipt of the
written demand for a hearing.
(4) The County Manager or Manager's designee shall transmit a copy of the
decision by registered or certified mail.
(5) The decision of the County Manager or Manager's designee shall be considered
the final administrative action for the purposes of judicial review Provided,
however, a person assessed a penalty or ordered to abate a nuisance may
petition the Board of County Commissioners requesting review of the County
Manager's final decision. The petition must be presented to the Clerk of the
Board within five (5) days following receipt of the County Manager's final
decision. Any review by the Board shall be solely at its discretion.
14.2 Judicial review
Any person may seek judicial review of a final administrative decision by the County
Manager or Manager's designee by filing a petition for writ of certiorari within thirty
(30) days after receipt of notice by registered or certified mail, but not thereafter, with
the Superior Court of New Hanover County and with a copy to the County Manager
of New Hanover County
Section XV Effective Date
Adopted this 5th day of September, 2000
NEW HANOVER COUNTY
q., t.1t..~. " Q ~
William A. Caster, Chairman
ATTEST
~J(;,~'<,YL-IA
CI k to the Board .
Page 23
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Joseph McQueen, Jr is retiring after having served the citizens of New Hanover
County since 1971 when he joined the Sheriffs Department as a Deputy assigned to New
Hanover County schools; and
WHEREAS, Joseph McQueen, Jr. is the first African-American to be elected Sheriff in New
Hanover County and has served all its citizens as Sheriff since 1982; and
WHEREAS, as Sheriff, Joseph McQueen, Jr established a number of programs including the
Drug Abuse Reduction Effort (DARE), Emergency Response Team, Sheriffs Alcohol Field
Enforcement (SAFE) and Safe Summer Program intended to improve the safety and well being
of all citIZens; and
WHEREAS, under Joseph McQueen Jr.'s administration, the Sheriffs Department has grown
to meet the needs of a growing population; and
WHEREAS, Sheriff Joseph McQueen, Jr has enjoyed the reputation throughout North Carolina
as an honest, canng, and progressive Shenff; and
WHEREAS, Joseph McQueen, Jr is the longest serving Sheriff of New Hanover County since
its incorporation in 1739;
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
CommissIOners does hereby recognize and thank Sheriff Joseph McQueen, Jr for Ius many years
ofloyaJ service to the citizens of New Hanover County
Adopted this, the 5th day of September, 2000
"L)~c. ~
William A Caster, Chairman
___~~-W:I:a~=-"
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, the Original Charter of the Wrightsboro Volunteer Fire Department
was dated July, 1950i and
WHEREAS, the Wrightsboro Volunteer Fire Department is the oldest chartered
volunteer fire department in eastern North Carolinai and
WHEREAS, the Wrightsboro Volunteer Fire Department was created by community
leaders that established a benchmark for future fire department development in New Hanover
County; and
WHEREAS, the Wrightsboro Volunteer Fire Department has been a focal point for
citizens to invest in their communitYi and
WHEREAS, through training, commitment and dedication the Wrightsboro
Volunteer Fire Department has provided a great service to the Wrightsboro community for
fifty (50) yearsi
NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board
of Commissioners commends the Wrightsboro Volunteer Fire Department for its five decades
of service to the community and honors it on its 50th year anniversary.
Adopted this the fifth day of September, 2000.
1;)~Q. ~
WiJ/iam A. Caster, Chairman
[ATTEST]
J~;J~
Deputy Clerk to the Board
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, hereby
enacts an Ordinance Prohibiting Price Gouging to be codified as Article VI of Chapter 6 7
of the New Hanover County Code
Section 6 7-45 Findings. During certain emergencies and disasters it is necessary
to declare a State of Emergency to promote safety and civil order Certain essential goods
then become scarce due to the disruption of the County's economy, and certain merchants
and suppliers might take undue advantage of the emergency by unreasonably increasing
prices for essential goods, thereby engaging in price gouging. Such price gouging
adversely effects the community as a whole as well as negatively impacts the poor,
destitute, and disaster victims.
Section 67-46 Definition. "Essential goods" are electrical supplies, generators,
food, ice, drinking water, building materials, fuels, and such other items as may be
designated by the Board of County Commissioners.
Section 67-47 Price Gouqinq Prohibited. Any merchant or supplier selling any
essential goods within the unincorporated area of New Hanover County shall not raise
prices above pre-disaster prices, for such period that a State of Emergency is in effect, or
until the Board of Commissioners determines that the need forthe price gouging ordinance
is not needed pursuant to Chapter 67, Article II of the New Hanover County Code Sales
of goods at prices exceeding pre-disaster level shall only be permitted if merchants or
suppliers document in writing the purchase or procurement of these goods at costs
exceeding pre-disaster costs. After so documenting, the merchant or supplier may only
increase the price to an amountno greater than the pre-disaster price plus the incremental
increased costs.
Section 67-48 Violation. Violations of the provisions of this Ordinance shall
constitute a class three misdemeanor punishable by a fine up to Five Hundred Dollars
($500 00). Each sale in violation hereof shall constitute a separate offense
ADOPTED this 5th day of September, 2000
(SEAL)
NEW HANOVER COUNTY
ATTEST
0~Q~
William A. Caster, Chairman
Board of Commissioners
~ p ~,VepLl+,
Clerk to the Board '
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER COUNTY, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
D~
o
A-302, 05/00
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
Section I That the Zoning Ordinance of the County of New Hanover adopted Oetooer 6, 1969, as
amended be and the same is hereby further amended as follows: .
Section 67-5(2)(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, 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 island shall
have no horizontal dimension of less than twelve (12) feet
(4/2/90) Each island shall have no less than one planted or
existing tree per island, with appropriate groundcover No
parking space shall be located more than one hundred and
twenty feet from a planting island The interior 1andscapinq
reauirement within storaqe facilities can be met with
landscape islands on the ends of buildinqs and with protrudinq
perimeter landscapinq, (9/5/00) 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 adjacent fences or screens (3/9/88)
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 5'h day of September 2000
v;ff.;..- Q ~
William A. Caster, Chairman
Attest:
~jJ~/~
Clerk to the Board