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2020-11-16 RM Exhibits
Exhibit Book )V -TF NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2021 Agenda Review and Regular Meeting Schedules Agenda Review Meeting Dates and Times Location: NHC Government Center Conference Room 601 Regular Meeting Dates and Times Location: NHC Courthouse, 24 North 3rd Street Room 301 Wednesday, January 13 4:00 p.m. Tuesday, January 19 4:00 p.m. Thursday, January 28 4:00 p.m. Monday, February 1 4:00 p.m. Thursday, February 11 4:00 p.m. Monday, February 15 9:00 a.m. Thursday, February 25 4:00 p.m. Monday, March 1 4:00 p.m. Thursday, March 11 4:00 p.m. Monday, March 15 9:00 a.m. Thursday, April 1 4:00 p.m. Monday, April 5 4:00 p.m. Thursday, April 15 4:00 p.m. Monday, April 19 9:00 a.m. Thursday, April 29 4:00 p.m. Monday, May 3 4:00 p.m. Thursday, May 13 4:00 p.m. Monday, May 17 9:00 a.m. Thursday, lune 3 4:00 p.m. Monday, June 7 4:00 p.m. Thursday, June 17 4:00 p.m. Monday, June 21 9:00 a.m. Thursday, July 8 4:00 p.m. Monday, July 12 4:00 p.m. Thursday, July 29 4:00 p.m. Monday, August 2 4:00 p.m. Thursday, August 19 4:00 p.m. Monday, August 23 9:00 a.m. Thursday, September 2 4:00 p.m. Tuesday, September 7 4:00 p.m. Thursday, September 16 4:00 p.m. Monday, September 20 9:00 a.m. Thursday, September 30 4:00 p.m. Monday, October 4 4:00 p.m. Thursday, October 14 4:00 p.m. Monday, October 18 9:00 a.m. Thursday, October 28 4:00 p.m. Monday, November 1 4:00 p.m. Wednesday, November 10 4:00 p.m. Monday, November 15 9:00 a.m. Thursday, December 2 4:00 p.m. Monday, December 6 4:00 p.m. Thursday, December 16 4:00 p.m. Monday, December 20 9:00 a.m. Conferences: NCACC Legislative Goals Conference, Raleigh, NC NACo Legislative Conference, Washington, D.C. NCACC County Assembly Day, Raleigh, NC NACo Annual Conference, Travis County/Austin, TX NCACC Annual Conference, New Hanover County, NC January 14 - 15, 2021 February 20-24, 2021 May 19, 2021 July 16 - 19, 2021 August 12-14, 2021 Adopted 11/16/2020 Exhibit Book )� Page 2 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Ulloa Place and Marquette Drive located within the Sycamore Grove subdivision in New Hanover County (Division File No: 1225-N) WHEREAS, a 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 on a 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. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 16th day of November, 2020. WITNESS my hand and official seal this the 16th day of November, 2020. ouNrr.�o� o z0 0 Ky erleigh G. Cr ell, Clerk to the Board New Hanover County Board of Commissioners •F�'�R1:SFt[D ��• Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways Exhibit f 2 Book Page NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Middle Grove Lane located within the subdivision of Clay Crossing in New Hanover County (Division File No: 1277-N) WHEREAS, a 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 on a 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. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 1611 day of November, 2020. WITNESS my hand and official seal this the 16' day of November, 2020. GovNrr,ho� 0 p KymiUrleigh G. Crov011, Clerk to the Board z 2 New Hanover County Board of Commissioners a •F�'�h1JSHED ��• Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways Exhibit Book 1Page NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Gate Post Lane located within The Lakes at Johnson Farms subdivision in New Hanover County (Division File No: 1287-N) WHEREAS, a 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 on a 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. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 16" day of November, 2020. WITNESS my hand and official seal this the 16th day of November. 2020. GpV N Ty. O �0 s7� - "Ij�. Kym rleigh G. CrodkIl, Clerk to the Board w New Hanover County Board of Commissioners � 2 a •f��RUSHED Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways Exhibit I- Pae 2 Book _- NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND ENCAPSULATION OF REGISTER OF DEEDS MAPS WHEREAS, North Carolina General Statute 132-7 provides that Board of County Commissioners of any county may authorize that any county records in need of repair, restoration or rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them; and WHEREAS, New Hanover County Indexes to Marriages Female -Colored A -M and N -Z, Index to Marriages Female -White A -M and N -Z, Regular Map Book, Map Index A -L, M -Z, Map Index 2 A -L, M -Z, Condo Map Index 1, Condo Map Index 2, Condo Map Book 2-12, Real Estate Book C part 1, C part 2, Book G, H part 2, Ll part 1, Ll part 2, L2 part 1, L2 part 2,Mpart l,Mpart 2,Npart 1,Npart 2,0part 1, 0 part 2, Q part 1, Q part 2, R part 1, and R part 2 are in desperate and dire need of repair, restoration and encapsulation due to years of constant handling and use; and WHEREAS, it is our obligation to maintain and preserve the historical documents contained in the New Hanover County Registry to ensure for future generations that the people will have access to historical documents in their original condition; and WHEREAS, New Hanover County has entered into a contract, with Kofile Preservation to deacidify, mend, and encapsulate New Hanover County Indexes to Marriages Female -Colored A -M and N -Z, Index to Marriages Female -White A -M and N -Z, Regular Map Book, Map Index A -L, M -Z, Map Index 2 A -L, M- Z, Condo Map Index 1, Condo Map Index 2, Condo Map Book 2-12, Real Estate Book C part 1, C part 2, Book G, H part 2, Ll part 1, Ll part 2, L2 part 1, L2 part 2,Mpart l,Mpart 2,Npart 1,Npart 2,0part 1, 0 part 2, Q part 1, Q part 2, R part 1, and R part 2. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of County Commissioners does hereby authorize and sanction Tammy T Beasley, New Hanover County Register of Deeds to remove New Hanover Indexes to Marriages Female -Colored A -M and N -Z, Index to Marriages Female - White A -M and N -Z, Regular Map Book, Map Index A -L, M -Z, Map Index 2 A -L, M -Z, Condo Map Index 1, Condo Map Index 2, Condo Map Book 2-12, Real Estate Book C part 1, C part 2, Book G, H part 2, L1 part 1, Ll part 2, L2 part 1, L2 part 2,Mpart l,Mpart l,Npart 1,Npart 2,0part 1,0part 2,Qpart 1, Q part 2, R part 1, and R part 2 from the New Hanover County Registry located in the New Hanover County Registry for the purposes of repair, restoration and encapsulation by Kofile Preservation. ADOPTED this the 16th day of November, 2020. NEW HANOVER COUNTY [son-Boseman, Chair ATTEST: ' �- Ky erleigh G. Crowell, Clerk to the Board Exhibit �/-� Book i& --Page • NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching and may have lifetime implications for families, the criminal justice system, and our community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in the County for victims and survivors of domestic abuse; and WHEREAS, 1,354 adults and 163 children received direct services such as court accompaniment, advocacy, empowerment groups, and counseling. This includes 141 adults and 85 children who received emergency shelter through Domestic Violence Shelter and Services, Inc. in 2019; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout the County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme "Leading with Love" serves as a call to action to citizens of New Hanover County to encourage, support, and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe, and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2020 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 16th day of November, 2020. ;Ki NEW HANOVER COUNTY 1ul' Olson- oseman, Chair ATTEST: Kym erleigh G. Crowk, Clerk to the Board ,i W :t Exh Booikit2� .Xa Page • Nf NEW HANOVER COUNTY BOARD OF COMMISSIONERS DIABETES AWARENESS MONTH PROCLAMATION WHEREAS, 1 in 10 adults in North Carolina report having been diagnosed with diabetes, and approximately 1 in 4 people with diabetes are unaware they have the disease; and WHEREAS, over 50,000 North Carolinians are newly diagnosed with diabetes annually; and WHEREAS, complications from diabetes include heart disease, stroke, blindness, kidney disease, pain, erectile dysfunction, amputation, and death; and WHEREAS, Type 1 diabetes is an autoimmune disease in which a person's pancreas stops producing insulin, causing lifelong dependence on an insulin pump or injections. The causes of Type 1 diabetes are not entirely understood and there is no prevention for the disease; and WHEREAS, more than 9 in 10 adults with a diabetes diagnosis in the United States have Type 2 diabetes, and more than 1 in 3 adults have prediabetes, a condition that puts them at greater risk for developing Type 2 diabetes. Racial and ethnic minority populations also have a greater risk of developing Type 2 diabetes; and WHEREAS, unlike Type 1 diabetes, Type 2 diabetes can be prevented or delayed through participation in a diabetes prevention lifestyle change program; and WHEREAS, increasing community awareness of diabetes risks and symptoms can improve the likelihood that people with diabetes or prediabetes will get the education they need to prevent or reduce complications of the disease. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2020 will be recognized as "Diabetes Awareness Month" in New Hanover County. Furthermore, the Board encourages our community to learn and take action on measures to prevent potential complications from diabetes such as healthy eating, regular exercise, managing cholesterol and blood sugar levels, reducing stress, and avoiding smoking. ADOPTED this the 16t' of November, 2020. �`I NEW HANOVER COUNTY ul' Olson-Boseman, hair ATTEST: KyrAerleigh G. Cr ell, Clerk to the Board Y Exhibit Book A�..,Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH PROCLAMATION WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a beautiful way to build a family. An estimated 59,430 children were adopted nation-wide from a public agency in 2017 and 1,528 children were adopted from foster care in 2017 in North Carolina; and WHEREAS, adoption is the goal for many special needs children in foster care and there are an estimated 125,422 children nation-wide, and an estimated 2,819 foster children in North Carolina waiting to be adopted annually; and WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need security; and WHEREAS, many children find permanent homes through adoption by their foster families or relatives, thereby creating an on-going need for new foster and adoptive families. Fifty-two children in New Hanover County found permanence through adoption this past fiscal year. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2020 will be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment to children. Furthermore, the Board encourages our community to honor the special needs of New Hanover County's children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional, or behavioral condition or past distress. ADOPTED this the 16th of November, 2020. NEW HANOVER COUNTY /_�' 4Z is Olson-Boseman, Chair ATTEST: Ky erleigh G. Cro ell, Clerk to the Board !4 Exhibit � Book — G IPage , lA New Hanover County Monthly Collection Report for September 2020 Current Year 2020-2021 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 149,939,470.34 $ (11,302.01) $ 1,108.19 $ 9,689,206.94 $ (31,705.56) $ 2,031.99 $ 3,324,563.83 $ $ $ 162,953,241.11 (43,007.57) 3,140.18 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ 149,929,276.52 23,418,959.13 55,579.96 $ $ $ 9,659,533.37 599,705.63 33.05 $ $ 3,324,563.83 3,324,563.83 $ $ $ $ 162,913,373.72 27,343,228.59 55,613.01 - Outstanding Balance $ 126,565,897.35 $ 9,059,860.79 $ - $ 135,625,758.14 Collection Percentage - 15.58 6.21 L 100.00 $ 16.75 YTD Interest Collected $ $ 6,639,204.09 Collections to Date $ 2,714.59 $ 2,714.59 $ 53.58 $ 480,042.26 *Refunds $ 2,141.61 $ 273,469.26 Total 2020-2021 Collections YTD 27,290,330.17 Prior Years 2010-2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,802,044.87 $ 4,498,965.32 $ 402,846.95 $ 6,703,857.14 Abatements $ (38,979.59) $ (25,673.46) $ - $ (64,653.05) Adjustments $ - $ - $ - $ Total Levy $ 1,763,065.28 $ 4,473,291.86 $ 402,846.95 $ 6,639,204.09 Collections to Date $ 286,315.59 $ 193,673.09 $ 53.58 $ 480,042.26 *Refunds $ 2,141.61 $ 273,469.26 $ - $ 275,610.87 Write-off $ - $ - $ - $ - Outstanding Balance $ 1,478,891.30 $ 4,553,088.03 $ 402,793.37 $ 6,434,772.70 YTD Interest Collected $ 28,551.61 1 $ 4,870.78 $ 71.72 $ 33,494.11 Total Prior Year Collections YTD 237,925.50 Grand Total All Collections YTD $ 27,528,255.67 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chai Clerlito the Board t0 O C� Date Exhibitl�' Book Page 2 07 New Hanover County Debt Service Monthly Collection Report for September 2020 Current Year 2020-2021 Total 2020-2021 Collections YTD $ 3,598,970.14 Prior Years 2010-2019 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll/Billed $ 19,785,958.25 $ 1,278,589.32 $ 438,699.44 $ 21,503,247.01 Abatements $ (1,491.41) $ (4,183.86) $ - $ (5,675.27) Adjustments $ 154.69 $ 268.15 $ - $ 422.84 Total Taxes Charged $ 19,784,621.53 $ 1,274,673.61 $ 438,699.44 $ 21,497,994.58 Collections to Date $ 3,081,238.86 $ 79,031.84 $ 438,699.44 $ 3,598,970.14 *Refunds - Write-off $ - $ $ $ Write-off Outstanding Balance $ 142,214.88 $ 288,191.96 $ - $ 430,406.84 Outstanding Balance $ 16,703,382.67 $ 1,195,641.77 $ - $ 17,899,024.44 Collection Percentage 15.57 6.20 100.00 16.74 YTD Interest Collected $ 129.47 $ 1,122.52 Total 2020-2021 Collections YTD $ 3,598,970.14 Prior Years 2010-2019 Total Prior Year Collections YTD * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chaff Cler to the Board Date $ 28,672.95 Real Estate Personal Property Motor Vehicles Combined Scroll $ 183,590.02 $ 280,155.74 $ $ 463,745.76 Abatements $ (5,091.81) $ (3,027.31) $ (8,119.12) Adjustments $ - $ - TotalLevy $ 178,498.21 $ 277,128.43 $ $ 455,626.64 Collections to Date $ 36,283.33 $ (11,063.53) $ $ 25,219.80 *Refunds $ - $ $ $ - Write-off $ - $ $ $ Outstanding Balance $ 142,214.88 $ 288,191.96 $ - $ 430,406.84 YTD Interest Collected $ 2,984.20 $ 468.95 $ $ 3,453.15 Total Prior Year Collections YTD * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chaff Cler to the Board Date $ 28,672.95 Exhibit book Page New Hanover County Fire District Monthly Collection Report for Seotember 2020 Current Year 2020-2021 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 9,009,165.10 $ (624.80) $ 4,841.81 $ 758,913.22 $ (3,383.81) $ 185.13 $ 250,153.64 $ $ $ 10,018,231.96 (4,008.61) 5,026.94 Total Taxes Charged Collections to Date *Refunds Write-off $ $ 9,013,382.11 1,441,477.26 $ $ 755,714.54 38,669.98 $ $ 250,153.64 250,153.64 $ $ $ $ 10,019,250.29 1,730,300.88 _ Outstanding Balance $ 7,571,904.85 $ 717,044.56 $ - $ 8,288,949.41 Collection Percentage - 15.99 - 5.12 $ 100.00 $ 17.27 YTD Interest Collected $ - 381,834.29 Collections to Date $ 645.20 $ 645.20 $ 7.42 $ 22,736.68 *Refunds $ - $ - Total 2020-2021 Collections YTD 1,730,946.08 Prior Years 2010-2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74 Abatements $ (3,675.12) $ (714.33) $ - $ (4,389.45) Adjustments $ - $ - $ - Total Levy $ 109,893.51 $ 247,909.03 $ 24,031.75 $ 381,834.29 Collections to Date $ 20,219.55 $ 2,509.71 $ 7.42 $ 22,736.68 *Refunds $ - $ - $ _ $ - Write-off $ - $ _ $ - $ - Outstanding Balance $ 89,673.96 $ 245,399.32 $ 24,024.33 $ 359,097.61 YTD Interest Collected $ 2,106.51 $ 287.29 $ 8.43 $ 2,402.23 Total Prior Year Collections YTD 25,138.91 Grand Total All Collections YTD $ 1,756,084.99 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY air 1 Cle to the Board /( Date Exhibit Book Page1_t� AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Emergency Management Ex enditure: Decrease Increase Total BA 21-021 Hurricane Isaias $ 358,792 $ 358,792 Total $ - $ 358,792]F$ 358,792 Revenue: Decrease Increase Total 13,E 21-021 Appropriated Fund Balance $ 358,792 $ 358,792 Total $ 1 $ 358,792H $ 358,792 Prior to Total if Actions Actions Todav Taken Departmental Budget S '2,572,002 $ 930,794 Appropriated Fund Balance S 7 938 39 $ 8, 97131 Section 2: Explanation BA 21-021 appropriates general fund appropriated fund balance for Hurricane Isaias related expenses. This budget amendment includes costs associated with the Emergency Operations Center activation and repairs to county property. New Hanover County has been declared eligible for all categories of work (A -G) for Federal Emergency Management Agency (FEMA) Public Assistance, therefore the county will apply to FEMA and the N. C. Division of Emergency Management for public assistance. Appropriated fund balance will be increased by $358,792. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-021 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. (SEAL) Ju Boseman, air ATTEST: �, n Kyroerleigh G. Crowe Clerk to the Board Exhibit �j�7f' Book �' Page 2 t AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Board of Elections Ex)enditure: Decrease Increase Total 13A 21-019 Board of Elections $ 85,000 $ 85,000 Total "` $ - $ 85,000 $ , : 85,000 Revenue: Decrease I Increase 11 Total BA 21-019 Supplemental CARES Act Funds 1 $ 85,00011$ 85,000 Total $ S " $5,000 Prior to Total if Actions Actions Toda Taken Departmental Budget $ 1,9575,394 $1660 94' Section 2: Explanation BA 21-019 appropriates grant funds under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, for the 20-21 fiscal year to prevent, prepare for, and respond to the coronavirus pandemic during the 2020 federal election cycle. The award includes $10,000 for election day voting COVID costs and $75,000 for a pollworker bonus, to provide $100 supplemental pay to pollworkers working on November 3, 2020. There is no county match required. Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20-019 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. (SEAL) J -dArpKii, Chair ; t ATTEST: i6�1 g'. Kym rleigh G. Crowell, Derk to the Board Exhibit � Book _ Page Z AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Department of Social Services Expenditure. Decrease Increase Total BA 21-0110 Cm id -19 Recovery Act Funds S 422,995 S 422,995 Total 1 $ 422,995 S 422,995 Revenue: Decrease Increase Total 13A 21-020 Covid-19 Recovery Act Funds $ 422,995 S 422,995 Total $ - $ -,x,422,995 1 $ 422,995 Prior to Actions Tod Departmental Budget F$ -Ms 3S 787 2 Total if Actions Taken Is 36 210 2?3' Section 2: Explanation BA 21-020 budgets $422,995 received from the 2020 Covid-19 Recovery Act, federal CARES Act funding. These funds will be used for three program areas: foster care to pay the $100 stipend per child as per state policy for the the service months of April to September 2020; adult protective services and child protective services to purchase computer equipment and personal protective equipment (PPE) items for the social worker staff in these areas. Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-020 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. (SEAL) i ori-Bo'sernlan, Chair ATTEST: K4"' �7" � vv K erleigh G. Crowe Jerk to the Board Exhibityy``.. Book &i. Page 2 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Continuous focus on the customer experience Fund: General Department: Senior Resource Center Expenditure. Decrease Increase Total BA 21-022 Senior Resource Center $ 15,359 $ 15,359 BA 21-024 Senior Resource Center $ 10,000 $ 10,000 Total ! $ - $ 25,359 $ 2.5,359 Revenue: Decrease Increase Total BA 21-022 HCCBG Grant $ 15,359 $ 15,359 BA 21-024 Charitable Foundation Grant $ 10,000 $ 10,000 Total $Us " 25,3591 25,359' Prior to Total if Actions Actions Toda Taken Departmental Budget 1 $ 3,283,370 1 1$ 1,30-8,729 Section 2: Explanation BA 21-022 increases the Senior Resource Center's budget for programs funded with HCCBG (Home and Community Care Block Grant) funding. The HCCBG grant funds are recurring and were included in the FY21 adopted budget, however the actual award is $15,359 more than budgeted. The programs receiving the additional funding are adult daycare ($1,000), congregate meals ($3,000), in-home aid ($359) and senior center operations ($11,000). The required county match is available in Senior Resource Center's operating budget. Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. BA 21-024 budgets a grant awarded to the Senior Resource Center from a charitable foundation that is making an anonymous donation. Since the Senior Resource Center no longer receives state RURAL Operating Assistance Program (ROAP) funding, this anonymous donation will help continue medical trips for seniors. This funding will provide approximately 690 one way trips. There is no county match requirement. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-022 & 21-024 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. C,OU iN J (SEAL) Z f1 7D 17'% on-Boseman, Offair ATTE T: F Kynoberleigh G. Crow 1, Clerk to the Board Exhibit�� Book - �2 Page Z�o AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Office of Recovery and Resilience Ex enditure: Decrease Increase Total BA 21-025 Acquisition and Relocation Program $ 665,000 S 665,000 Total S - S 665,000 S 665,000 Revenue: Decrease Increase Total BA 21-025 NC SARF Grant $ 665,00011$ 665,000 Total $ - $ 665,000 Prior to Total if Actions Actions Tod a Taken Departmental Budget $ 2,922,3 87 S 3,587,387 Section 2: Explanation BA 21-025 appropriates a SARF (State Acquisition Relocation Funds) grant award from the NC Department of Public Safety for $665,000. The grant provides a gap payment up to $50,000 to cover the difference between funds appropriated by other grant sources and the funds necessary to help a household relocate from the current damaged home to a similar housing unit outside of the special flood hazard area, and up to $5,000 in relocation expenses. The grant also includes management costs of $5,500 to support the county for each acquisition made. There is no county match required for this grant. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-025 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. (SEAL) on-Bosem n, Chair Gpt1N7y� t .y� ATT ST: wz- A �. ,( �� > K erleigh G. Cro 1, Clerk to the Board Exhibit���� Books -may Page AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Proactively manage the county budget Fund: General Ex nditure: Decrease Increase 11 Total BA 21-032 Sales Tax S 598,642 11 $ 598,642 Total S' S 598642 $,_;°'= 598,642 Revenue: Decrease increase Total BA 21-032 Salary Adjustment $ 598,642 S 598,642 598,642 11 $ 599642 Prior to Actions Toda General Fund Budget 14 :31%5N.325 Fund: General Department: Fire Rescue Total if Actions Taken 320;-=F67 Ex nditure: Decrease Increase 11 TotA BA 21-032 Sales Tax S 49,707 $ 49,707 Total S $ 49,707 It S . 49,707 -- Revenue: Decrease Increase Total BA 21-032 Salary Adjustment $ 49 707 $ 49,707 Total 14 .. , -= 122717', ItS ..: 49'f07' Prior to Actions Toda Departmental Budget $ 16814 53- Fund: General Department: Environmental Management Total if Actions Taken S 16 864-060 Ex enditure: Uccrcase Increase 11 11,1111 BA 21-032 Appropriated Fund Balance S 12,209 S 12.209 Total- `- S $ 12,209 $ 12,209 Revenue: Decrease Increase Total BA 21-032 Salary Adjustment $ 12,209 $ 12.2119 Total J"Y'172091$, 12,209 Prior to Actions Today Departmental Budget Appropriated Fund Balance Total if Actions Taken $ 29,171,667 Section 2: Explanation BA 21-032 In the 2021 budget transmittal letter and also discussed during the 2021 budget process, if sales tax performance exceeds projections by a minimum of 3% through the first quarter of the fiscal year, a budget amendment would be brought forward to propose a merit pool for county employees. To date, based on staff's review of the sales tax data for July and August, it is anticipated that the first quarter revenues will align with the 3% target. This budget amendment is being requested to reflect additional sales tax revenues expected to be received and budgets these additional funds for the purposes of merit increases for all eligible county employees in the General and Fire Rescue funds. Sales Tax is not allocated to the Environmental Management Fund, therefore, Appropriated Fund Balance will fund the increase for those eligible employees. This merit pool equates to approximately 0.5% of the salary base. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21-032 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. (SEAL) C 01-1 N IPA 3 7 X, � •���eL SHED T�• Exhibit Book, &7r Page �. AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTING THE NEW HANOVER COUNTY HEALTH AND HUMAN SERVICES BOARD RULE TO PROHIBIT THE USE OF SMOKING AND E -CIGARETTES IN COUNTY, TOWN AND CITY BUILDINGS, VEHICLES AND GROUNDS AND IN PUBLIC PLACES IN THE COUNTY OF NEW HANOVER WHEREAS, according to the Centers for Disease Control and Prevention (CDC), smoking and e -cigarette use and secondhand smoke exposure are leading preventable causes of illness and premature death in North Carolina and the nation'; and WHEREAS, the CDC reports that nearly 90% of smoking and e -cigarette use are initiated and established before age 18 and most people begin smoking during adolescence; the CDC reports that smoking and smokeless tobacco use are almost always initiated and established during adolescence, that most people who begin smoking during adolescence are addicted by the age of 20, and that adolescent smokeless tobacco users are more likely than nonusers to become adult cigarette smokers'; and WHEREAS, in 2006, a report issued by the United States (U.S.) Surgeon General stated that the scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokerS2; and WHEREAS, children model adult behavior and benefit from positive models of non-smoking behavior and positive reinforcement of healthy lifestyle messages through exposure to smoke and smoking and e -cigarette free public areas'; and WHEREAS, the CDC advises that all individuals with coronary heart disease or known risk factors for coronary heart disease should avoid all indoor environments that permit smoking'; and WHEREAS, research indicates that, during active smoking, outdoor levels of secondhand smoke may be as high as indoor levels and may pose a health risk for people in close proximity (such as those sitting beside someone on a park bench or children accompanying a smoking parent or guardian)'; and WHEREAS, in 2016, the E -Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General stated that emitted e -cigarette aerosol is not just water vapor, but contains nicotine and can contain additional toxins, making it less safe than clean air. Furthermore, e -cigarette use has the potential to involuntarily expose children and adolescents, pregnant women, and nonusers to aerosolized nicotine and, if the products are altered, to other psychoactive substances. Therefore, clean air, free of both smoke and e -cigarette aerosol, remains the standard to protect health 6; WHEREAS, on January 2, 2010, "An Act To Prohibit Smoking In Certain Public Places And Certain Places Of Employment," Session Law 2009-27 became effective, authorizing local governments to adopt and enforce ordinances "that are more restrictive than State law and that apply in local government buildings, on local government grounds, in local vehicles, or in public places"; and WHEREAS, pursuant to N.C. General Statute 130A -39(a), local boards of health have the responsibility to protect and promote the public's health and to adopt rules necessary for that purpose; and WHEREAS, the New Hanover County Health and Human Services Board is committed to providing a safe and healthy workplace in all county and town facilities, for county and town employees, New Hanover County citizens, and the visiting public;and WHEREAS, the New Hanover County Health and Human Services Board provides support to employees and residents who want to quit the use of smoking and e -cigarette and also encourages them to talk to their health care provider about quitting, ask about appropriate pharmacotherapy available through their health insurance plan or employee's insurer, and to use the free quitting support services of the North Carolina QuitlineNC at 1 -800 -QUIT -NOW (1-800-784-8669); and WHEREAS, the New Hanover County Health and Human Services Board wishes to minimize the harmful effects of smoking and e -cigarette use among New Hanover County and City employees and eliminate secondhand smoke exposure for employees, county citizens, and the visiting public in public places and in those buildings, vehicles, and grounds controlled by New Hanover County, the City of Wilmington, and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach; and WHEREAS, the New Hanover County Health and Human Services Board finds and declares that in order to protect the public health and safety, it is in the best interest of the citizens of New Hanover County to adopt a Rule prohibiting the use of smoking and e -cigarette products in public places and in county, city, and town buildings, grounds, and vehicles; and WHEREAS, while the use of tobacco in any form poses adverse health consequences and is to be strongly discouraged, this Rule specifically addresses smoking and e -cigarette use given ensuing secondary health impacts. NOW, THEREFORE, THE NEW HANOVER COUNTY HEALTH AND HUMAN SERVICES BOARD ADOPTS THE FOLLOWING RULES: Section 1. Authority This Rule is enacted pursuant to N.C. General Statute 130A-498 and 130A -39(a). Section 2. Definitions The following definitions are applicable to this Rule: 1) "Bus Stop". A designated area, whether enclosed or unenclosed, on county, town, and city grounds where buses stop for passengers to board or exit a bus. This term shall include areas at bus stops and shelters, beginning at the bus stop sign and extending for a radius of one hundred (100) feet around the bus stop sign. This area expressly excludes any private property that may fall within the one -hundred -foot radius of the bus stop sign or any area exempt by this Rule. 2) "Cigar bar". An establishment with a permit to sell alcoholic beverages pursuant to subsection (1), (3), (5), or (10) of N.C. General Statute 1813-1001 that satisfies all of the following: a. Generates sixty percent (60%) or more of its quarterly gross revenue from the sale of alcoholic beverages and twenty-five percent (25%) or more of its quarterly gross revenue from the sale of cigars. b. Has a humidor on the premises. c. Does not allow individuals under the age of 21 to enter the premises. d. Revenue generated from other smoking and e -cigarette sales, including cigarette vending machines, shall not be used to determine whether an establishment satisfies the definition of cigar bar. 3) "County Building". A building owned, leased as lessor, or the area leased as lessee and occupied by New Hanover County. 4) "County Grounds". An unenclosed area owned, leased, or occupied by New Hanover County, except where smoking and e -cigarette use is expressly permitted by the county within designated areas. 5) "County Vehicle". A passenger -carrying vehicle owned, leased, or otherwise controlled by New Hanover County and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official County business and public conveyances available to the general public. 6) "E -Cigarette or Electronic cigarette". Any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size, that can be used to heat a liquid nicotine solution or any other substance, and the use of inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e -cigarette, e -cigar, a -pipe, or under any other product name or descriptor. 7) "Employee". A person who is employed by New Hanover County, the City of Wilmington, or by the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach; or who contracts with the county, city, and towns; a third person who performs services for the county, city, and towns; or who otherwise performs services for the county, city, and towns with or without compensation. 8) "Enclosed area". An area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one. 9) "International 'No Smoking' symbol". A symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. 10) "Local Health Department". The New Hanover County Health Department, the jurisdiction of which includes New Hanover County, the City of Wilmington, and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach. 11) "Local Health Director". Administrative head of the New Hanover County Health Department appointed pursuant to N.C. General Statute Chapter 130A. 12) "Lodging establishment". An establishment that provides lodging for pay to the public. 13) "Private club". A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member's guest, and is either incorporated as a nonprofit corporation in accordance with Chapter 55A of the N.C. General Statutes or is exempt from federal income tax under the Internal Revenue Code as defined in N.C. General Statute 105-130.2(1). For the purposes of this Rule, private club includes country club. 14) "Private residence". A private dwelling that is not a child care facility, as defined in N.C. General Statute 110-86(3), and not a long-term care facility, as defined in N.C. General Statute 131E -114.3(a)(1). 15) "Private vehicle". A privately owned vehicle that is not used for commercial or employment purposes. 16) "Public place". An enclosed area to which the public is invited or in which the public is permitted. 17) "Smoking". The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted smoking and e -cigarette product. 18) "Smoking and E -Cigarette shop". A business establishment, the main purpose of which is the sale of smoking and e - cigarette, smoking and e -cigarette products, and accessories for such products, that receives no less than seventy-five percent (75%) of its total annual revenues from the sale of smoking and e -cigarette, smoking and e -cigarette products, and accessories for such products, and does not serve food or alcohol on its premises. 19) "Smoking and E -Cigarette Use". Included but not limited to vaping, smokeless smoking, and e -cigarette products. 20) "Town" or "Towns" and "City". The Towns of Wrightsville Beach, Carolina Beach, and Kure Beach, and the City of Wilmington within New Hanover County. 21) "Town/City Building". A building owned, leased as lessor, or the area leased as lessee and occupied by the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington. 22) "Town/City Grounds". An unenclosed area owned, leased, or occupied by the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington, excepting where smoking and e -cigarette use is expressly permitted by Town/City within designated areas. 23) "Town/City Vehicle". A passenger carrying vehicle owned, leased, or otherwise controlled by the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington in New Hanover County and assigned permanently or temporarily to their employees, agencies, institutions, or facilities for official town/city business and public conveyances available to the general public. Section 3. Areas in Which Smoking and E -cigarette use is Prohibited 1) Smoking and e -cigarette use is prohibited in all of the following: a. In any county, city, and town buildings. b. In any county, city, and town vehicles. c. On any county, city, and town grounds, except where expressly permitted by the county, city, or town within designated areas. d. All other county, city, and town property including, but not limited to: i. County, city, and town parks systems including playgrounds and athletic fields and trails; ii. Bus stops on county, city, or town grounds; and iii. Public transportation e. Smoking and e -cigarette use is prohibited in county, city, and town buildings and grounds being used for private events. f. Except as provided in Section 4 of this Rule, smoking and e -cigarette use shall be prohibited in all public places, or places where the public is invited or allowed within the county, city, and town, including but not limited to: Child Care Facilities; Shopping Malls; III. Elevators; IV. Polling Places; V. Public Restrooms; VI. Restaurants; VII. Bars; VIII. Retail Stores; IX. Galleries, Libraries, and Museums; X. Theaters, Entertainment and Sports Arenas; XI. Gaming facilities including, but not limited to, Internet Sweepstakes and Video Poker; XII. Lobbies, Hallways and other Common Areas in Apartment Buildings, Condominiums, Retirement Facilities, Nursing Homes and other Multi -Unit Residential Facilities; and XIII. Office and Other Commercial Establishments Where the Public is invited, or permitted. Section 4. Exceptions: Where Smoking and E -Cigarette use is Not Regulated By This Rule 1) In accordance with N.C. General Statute 130A -498(b1) and hereinunder, smoking or e -cigarette use is not prohibited by this Rule in the following places: a. A private residence. b. A private vehicle. c. A smoking and e -cigarette shop if smoke or vapor from the business does not migrate into an enclosed area where smoking or e -cigarette use is prohibited pursuant Article 23 of the North Carolina General Statutes or hereinunder. A smoking and e -cigarette shop that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the smoking and e -cigarette shop and smoke or vapor from the shop does not migrate into an enclosed area where smoking or e -cigarette use is prohibited pursuant to Article 23 of the North Carolina General Statutes or hereinunder. d. All of'the premises, facilities, and vehicles owned, operated, or leased by any smoking and e -cigarette products processor or manufacturer, or any smoking and e -cigarette leaf grower, processor, or dealer. e. A designated smoking or e -cigarette guest room in a lodging establishment. No greater than twenty percent (20%) of a lodging establishment's guest rooms may be designated smoking or e -cigarette guest rooms. f. A cigar bar if smoke or vapor from the cigar bar does not migrate into an enclosed public place where smoking or e -cigarette use is prohibited pursuant to Article 23 of the North Carolina General Statutes or hereinunder. A cigar bar that begins operation after July 1, 2009, may only allow smoking or e -cigarette use if it is located in a freestanding structure occupied solely by the cigar bar and smoke or vapor from the cigar bar does not migrate into an enclosed area where smoking or e -cigarette use is prohibited pursuant to Article 23 of the North Carolina General Statutes or hereinunder. g. A private club. h. A motion picture, television, theater, or other live production set. This exemption applies only to the actor or performer portraying the use of smoking and e -cigarette products during the production. i. A public area only at such time that group therapeutic rehabilitation is conducted pursuant to a program recognized and licensed by the State of North Carolina. 2) This Rule does not apply to any property owned, leased, or maintained by the State of North Carolina. Section 5. Implementation Reauirements 1) The Implementation period shall be from the date of the initial execution to January 31, 2021. 2) During the Implementation period the county, city, and town where smoking and e -cigarette use is prohibited by the Rule may: a. Post signs that meet all the requirements in Section 6 of this Rule. b. Remove all indoor ashtrays and other smoking receptacles from the area in which smoking is prohibited, except for ashtrays and receptacles for sale and not intended for use on the premises. c. Direct a person who is smoking or using a smoking or e -cigarette product in a prohibited area to extinguish or discard the smoking and e -cigarette product. d. Engage in public education as provided in Section 8 below. 3) During the implementation period a person, not addressed in subsection 2) above who owns, manages, operates, or controls a public place in which smoking and e -cigarette use are prohibited by this Rule shall: a. Post signs that meet all the requirements in Section 6 of this Rule. b. Remove all indoor ashtrays and other smoking receptacles from the area in which smoking is prohibited, except for ashtrays and receptacles for sale and not intended for use on the premises. c. Direct a person who is using smoking and e -cigarette products in a prohibited area to extinguish or discard the smoking and e -cigarette product. Section 6. Signage 1) The county, city, and town where smoking and e -cigarette use is prohibited by the Rule may post signs as required by Section 5 that must: a. State in English and in Spanish that smoking and e -cigarette use is prohibited utilizing "No Smoking and E - Cigarette" symbols. b. Be of sufficient size to be clearly legible to a person of normal vision and be conspicuously posted. c. Be posted at each entrance to a county, city, and town building and in other locations within the buildings reasonably calculated to inform employees and the public of the prohibition. d. Be posted on county, city, and town grounds locations and at intervals reasonably calculated to inform employees and the public of the prohibition. 2) The county, city, and town where smoking and e -cigarette use is prohibited by the Rule may in their discretion post a sign stating "No Smoking and E -Cigarette Use" in government vehicles located in an area visible to passengers, provided that their placement does not interfere with the safe operation of the vehicle. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle. 3) A person who owns, manages, operates, or controls a public place in which smoking and e -cigarette use is prohibited by this Rule shall post signs required to be posted in enclosed areas of public places that must: a. Clearly state in English and Spanish that smoking and e -cigarette use is prohibited. b. Be conspicuously posted at each entrance to the public place. c. Be at least 24 square inches in size. d. Be at least 16 -point font size. Section 7. Enforcement and Penalties 1) For smoking violations: Violations by persons smoking in prohibited areas. An oral warning may be issued initially. Failure to comply in a prohibited area constitutes an infraction punishable by a fine of fifty dollars ($50.00). A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no other costs may be assessed. Sanctions for employees. In addition to any penalty under subsection 1), employees of New Hanover County and employees of the city and towns who violate this Rule may be subject to disciplinary action consistent with their respective employer's personnel ordinances or policies. Violations by persons who own, manage, operate, or control a public place. The New Hanover County health director may take the following actions and may impose the following administrative penalty on a person who owns, manages, operates, or controls a public place and fails to comply with the provisions of this Rule: First violation: Written notice within a one-year period of the person's first violation and notification of action to be taken in the event of subsequent violations. Second violation: Written notice within a one-year period of the person's second violation and notification of administrative penalties to be imposed for subsequent violations. iii. Third and subsequent violations within a one-year period: Impose an administrative penalty of not more than two hundred dollars ($200.00). Each day on which a violation of this Rule occurs may be considered a separate and distinct violation. 2) For e -cigarette violations: a. An oral or written warning may be issued initially. The Local Health Director may seek injunctive relief pursuant to N.C. General Statute 130A-18 to redress violations of this rule. b. An oral or written warning may be issued initially. Violations shall constitute a misdemeanor as set forth in N.C. General Statute 130A-25. Section 8. Public Education The county, city, and town may engage in an ongoing program to explain and clarify the purposes and requirements of this Rule to citizens affected by it, and to guide operators and managers in their compliance with it. In doing so, the county, city, and town may rely upon materials and information provided by the New Hanover County Health Department. The county, city, and town may: 1) Educate the public about the rule and the reasons for the new rule prior to its implementation date through the news media, website and educational media. This education may include information on resources for quitting smoking or smoking and e -cigarette use including information about the free quitting support services of the North Carolina QuitlineNC at 1 -800 -QUIT -NOW (1-800-784-8669). 2) Educate county, city, and town employees at covered facilities about the Rule and how they can assist with compliance with the Rule. 3) Provide county, city, and town employees with information on cessation of smoking, including information about the free quitting support services of the North Carolina QuitlineNC at 1 -800 -QUIT -NOW (1-800-784-8669). 4) Post notices at each entrance to a county, city, or town building and in other locations within the buildings reasonably calculated to inform employees and the public of the prohibition. Section 10. Effective Date These Rules become effective following adoption by the New Hanover County Health and Human Services Board and approval of these Rules by an ordinance adopted herein by the New Hanover County Board of Commissioners pursuant to N.C. General Statute 153A -121(a). There shall be an implementation period from the date of the initial enactment where enforcement shall be limited to Section 5 of the Rule. On February 1, 2021 and thereafter the ordinance shall be enforced as provided in Section 7 of this Rule. Section 11. Abrogation This Rule is not intended to repeal, abrogate or impair any greater restriction imposed by any other state law or local government ordinance. Wherever the provisions of any other law, ordinance, regulation, or restriction impose higher standards than are required by the provisions of this Rule, this Rule does not prohibit enforcement of any such law, ordinance, regulation or restriction. Section 12. Severability Should any section of this Rule be decided by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Rule as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. NOW, THEREFORE, BE IT RESOLVED, the Rule adopted by the New Hanover County Health and Human Services Board on October 20, 2020 prohibiting smoking and e -cigarettes in county, city, and town buildings, vehicles and grounds and in public places in New Hanover County, is hereby adopted and approved by the New Hanover County Board of Commissioners. This 16" day of November, 2020. NEW HANOVER COUNTY is son -Bose an, Chair ATTEST: Kyr4erleigh G. CrovAll, Clerk to the Board 1 CENTERS FOR DISEASE CONTROL AND PREVENTION, SMOKING AND TOBACCO USE FAST FACTS, https://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast facts/index.htm (updated Nov. 15, 2019). 2 U.S. DEPT OF HEALTH & HUMAN SERVS., THE HEALTH CONSEQUENCES OF INVOLUNTARY EXPOSURE TO TOBACCO SMOKE REPORT OF THE SURGEON GENERAL (2006), https://www.ncbi.nlm.nih.gov/books/NBK44324/ 3 See Above Reference Note 1 See Above Reference Note 1 s REAL-TIME MEASUREMENT OF OUTDOOR TOBACCO SMOKE PARTICLES, Neil E. Klepeis, Etienne B. Gabel, Wayne R. Ott, and Paul Switzer; Journal of Air and Waste Management Association, 2007 May; 57(5):522-34; OUTDOOR AIR POLLUTION IN CLOSE PROXIMITY TO A CONTINUOUS POINT SOURCE, Atmospheric Environment 2009 June; 43(20):3155-3167. 6 U.S. DEPT OF HEALTH & HUMAN SERVS., E -cigarette Use Among Youth and Young Adults: A Report of the Surgeon General, 2016, https://www.surgeongenera1.gov/li bra ry/2016ecigarettes/index.htm I STATEOF NORTH CAROLINA COUNT. Y OF NEW HANOVER SUP Book Page Exhibit - Book Page AFFIDAVIT :R�:_ JACK C. (CAL) MORGAN, Ill, the undersigned Affiant, having been duly swo:m or affirrned, deposes and states as follows: I . Affiant has sufficientknowledge, skill, experience, training, and education to be an expert in real estate appraisals and is competent to give the testimony on the attached report. 2. Afflant is as North Carolina Certified General Real Estate Appraiser 0.6988). 3. Affiant is a North Caroliria Real Estate Broker, 4, Affiant is as North Carolina Licensed General Contractor. 5. Affiant is associated with the following professional affiliations: a. Appraisal. Institute (MAI, SRA, A,.I-GRS),, b. International Right of Way Associatio.n (Z/W-AC"), c.. Realtors Commercial Alliance of SE North. Carolina, and d. Wilmington Regional Association of Realtors, 6. Affiantis providing ., the attached report, incorporated to the same extent and with the same force as if fully set forth herein, to be presented to the New Hanover County Conimissioners on behalf of the property owner McAdams 11ornes,1-,LC for as request for a Modification ofa, Special Use Permit I.br an additional dwelling allowance of 18 additional single family lots on property located at 471.8 Gordon Road, Wilmington, North Carolina. 7. Affiant makes the staternents on the attacbed report ftorn Affiant's personal knowledge, except as to staternents specifically identified therein. as made upon inforination and belief, which Affiant etievcs to be true and for which the source of infonnation and the basis for belief are stated. WITNESS rny band and sea], this the 1% -day of 2020. JACX/C.-NAL) MON4AN, 1.11, Affiant Subscribed artd sworn to before me This the 95 day of C -1-- 2020. (EAL) SL Notary . U11) c My commission expires: . . .... AMYJAZ�ffi JC MORGAN REAL ESTATE VALUATION I REVIEW I CONSULTING September 25, 2020 Amy C. Schaefer Lee Kaess, PLLC Post Office Box 4.548 Wilmington, NC 28406 Re; Special Use Permit (SUP) Application McAdams Homes, LLC 4718 Gordon Road Wilmington, NC 2841.1 At your request, I have researched and analyzed relevant real estate market data Haat would enable me to conclude an expert opinion as to Criteria 3 of the McAdams Homes, I,t.0 / 4718 Gordon Road Special Use Permit (SHIP) application. Stip Application; Criteria 3 That the use will .not .substantially injure the value of adjoining or abutting property, or that the use is o public necessity. "Co develop an opinion for this criterion, I have reviewed several datasets of market information. Based on my review and analysis, it is my opinion that the proposed use, as noted in the SUP application, would have no negative impact on the market value of the adjoining or abutting properties, Should you have any questions, or want to discuss this matter further, please do not hesitate to contact me, Sincerely, Jack C. C organ, ILI, MAi, SRA, AI-GRS JC Morgan Company Lumina Station fid, Eastwood Road Suite 'u Wilmington, 2*40 PO Box 481 - Wrightsville Beach, 28480 Tel: 910-256-2920 - Fax: 888-819-8258 afisl. r � Exhibit s—tBook Page 9 21 I1 . AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED NOVEMBER 16, 2020 CASE TA20-02 WHEREAS, pursuant to N.C.G.S. §160D,the County of New Hanover("County")may adopt zoning and development regulation ordinances and combine any ordinances authorized into a unified ordinance for the purpose of promoting health, safety, morals or the general welfare; WHEREAS,the County desires to amend the provisions in the Unified Development Ordinance to clarify existing policies and modernize outdated code provisions; WHEREAS, the amendment will update the county's tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions; WHEREAS, the County finds that this amendment is consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan's recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas; and WHEREAS, the County finds that approval of the amendment is reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards; THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Unified Development Ordinance of the County of New Hanover adopted February 3, 2020 is hereby amended per the attached document. Section 2. Any Ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of the public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to the conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Section 4. The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D- 605, that adoption of this amendment is consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan's recommended place types and development patterns and encourages plan goals of infill and Page 1 of 2 redevelopment and conservation of environmentally critical areas, and that adoption of the amendment is reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards. ADOPTED this the 16th day of November, 2020 NEW HANOVER COUNTY c000NTY.4,0 p ; #"1Olson :oseman, Chair ATTEST: OIAAskvtd_ K Crowell, Clerk to the Board Page 2 of 2 2020-11 Board of Commissioners Draft-Tree Retention Section 2.3 Definitions and Terms Native Species A species of tree or other plant that evolved naturally in Southeastern North Carolina without human intervention as identified by the North Carolina Extension Service or US Department of Agriculture. Invasive Species A species of free or other plant listed as a nonnative invasive plant by the US Department of Agriculture, Forest Service. Tr-eel-Regulated Section 5.3 Tree Retention 5.3.1 preserve and tree coverage, mature trees, and natural rosourso bu#fcFc, while lessening C. Removal of atmospheric carbon dioxide; D. Reduction of stormwater runoff; F. Recharging of groundwater; G. Protection of the cultural and historic character of the area; and H. Increasing the value of homes and businesses. 5.3.21 Applicability The standards of this section shall apply to all lands and development under the County's zoning jurisdiction except the following: A. Properties that are taxed on the basis of present-use value as forestland in accordance with Article 12, Chapter 105, N.C.G.S., or that are otherwise exempt under state law; B. Forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with Chapter 898, N C G S., C. Any lot of record that is less than one acre in area and located in a residential zoning district; Page 116 2020-11 Board of Commissioners Draft-Tree Retention D. Any residential lot that is less than one acre and shown on an approved preliminary plan; and E. Residential subdivisions of five or fewer lots unless they are subject to an Additional Dwelling Unit Allowance special use permit or MDP Master Plan; and F. Trees that are subject to the requirements of this section, but that are demonstrated to be dead, dying, or diseased by greater than 50 percent, as a result of natural factors 5.3.32 Forestry and Property Clearing A. A letter of exemption for timber harvest or other exempted forestry activity must shall be issued by the Planning Director prior to the removal of any documented, significant, of specimen trees subject to the requirements of this section, tree based on proof of exemption in accordance with N.C.G.S. 153A 152 160D-921. B. While exempted forestry activities are not subject to the tree retention requirements of this section, failure to obtain an exemption to a tree removal permit prior to any timber harvest or other property clearing activity will result in the denial of a building permit, site plan approval, or subdivision approval for a period of three years, regardless of any change in ownership, if the harvest results in the removal of all or substantially all documented, significant, or specimen frees from the tract. The denial period shall be increased to five years in situations where removal of all or substantially all regulated trees was a willful violation of these County regulations. 5.3.3 Tree Inventory Trees existing on a site at the time of development that are required to be retained or replaced in accordance with this section shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method"approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.4 Tree Retention Standards A. Identification of Regulated Trees 2. Significant Trees, which are hardwood and conifer trees at least 24" DBH Three types of trees are regulated or protected by this section. T hey are Documented Trees, Significant Trees, and Specimen Trees. This categorization of trees is based on the tree species and existing minimum Diameter at Breast Height (DBH) of the trees. Documented Trees, Significant Trees, and Specimen Trees regulated or protected by this section are identified in Table 5.3.4.A: Regulated Trees. Page 216 2020-11 Board of Commissioners Draft-Tree Retention Regulated Tree Type Minimum Diameter at Breast Height(DBH) Documented Trees - Dogwoods and American hollies 4 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and 8 inches Hardwoods* Other Conifers 12 inches Significant Trees • Dogwoods, Magnolias, Native Flowering Trees, 8 inches and American Hollies Long Leaf Pine, Pond Cypress, Bald Cypress, and 18 inches Hardwoods* Other Conifers 24 inches Specimen Trees Live Oaks, Pond Cypress, and Bald Cypress 36 inches *Only includes Sweetgums when they are located within required vegetative buffer areas or required open space set-asides. B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees. C. A minimum of 15 trees at least two inches{2") DBH or two caliper inches, as applicable, shall be retained or planted on the parcel where development occurs - =- - - = - - --- - - -- - - - --_ . _ - -- --- .� accordance with Section 5.4, Landscaping and Buffering. D. Regulated trees within a 50-foot perimeter of the property must be retained and protected during non-exempt tree harvests. All significant trees shall be retained. If existing trees and shrubs on the site where a transitional buffer is required meets at least 50 percent of the required opacity standards, 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 required standards of Section 5.4.3, Transitional Buffer Standards. In all cases, existing trees (unless invasive) greater than eight inches DBH shall not be removed from a 20-foot buffer strip, unless the Planning Director determines removal of such trees is necessary for the installation of utilities or other required essential improvements. The retention requirements in this section shall not apply to existing trees or shrubs identified as invasive species, as defined in this Ordinance. Page 316 2020-11 Board of Commissioners Draft-Tree Retention 5.3.5 Tree Removal Permit A. Unless a waiver, exemption, or exception applies in accordance with 5.3. i, Applicability of Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with Section 10.3.9, Tree Removal Permit. B. Unless a waiver, exemption, or exception applies in accordance with Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit is required before any clearing, grading, or other authorizations may be issued, including building permits. C. The removal of any specimen tree is prohibited on any parcel unless exempt according to Section 10.3.11, Variance—Zoning and Subdivision. If a specimen tree is removed without a permit, the penalty for this violation shall be twice the mitigation fee. 5.3.8 Tree Protection During Deve4efament Construction A. Existing trees specified on the required landscape plan to remain retained on the site to comply with the standards of this section shall be landscape design identified on the required landscape plan. An undisturbed area with a porous surface shall be reserved around each tree as determined by the tree's drip ring of its natural canopy. Prior to any clearing, grading, or construction activity, approved tree protection fencing, such as safety barrier fencing, a wooden slat snow fence or wire fence, shall be installed around protected trees or tree stands located in construction areas or other site areas that will be disturbed by construction activities. The fencing shall be a minimum of four feet in height and be of durable construction. Tree protective fencing shall remain in place through completion of construction activities C. No construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. D. If a rogulatod tree an existing tree retained to comply with the standards of this sectioi, 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 shall be planted on the site with a total diameter equal to twice the diameter of the protested tree. A minimum growing area of 144 square feet shall be provided for each replacement tree. If the Planning Director determines it is infeasible for replacement tree(s) to be accommodated on the site, then a payment may be made to the County's Tree Improvement Fund equivalent to the pricing standards in the County fee schedule. 5.3.67 Mitigation standards: 4 I 6 2020-11 Board of Commissioners Draft-Tree Retention A: When Significant Trees are authorized for removal by a tree removal permit or Specimen Trees are authorized for removal by a variance, they shall be replaced at a rate of 2.0 times the caliper inches at DBH removed, except as provided in subsection D below and Section 5.3.8, Optional Incentives for Retaining Trees = - - -- - _ - =- - - - - . -- __ - -•- -- size, or greater. B. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting. C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen, deciduous, canopy, understory, etc.) of tree being removed to the maximum extent practicable based on the compatibility of the species with proposed buildings and infrastructure, existing environmental conditions, and diversity of tree species. O If the Planning Director determines it is infeasible for a portion or all of the replacement tree(s) to be accommodated on the site, the Planning Director may direct that an in-lieu fee be paid to the County's Tree Improvement Fund. The mitigation fee as set forth in the County's fee schedule shall be charged for every inch at DBH of Significant Tree removed and two times every inch at DBH of Specimen Tree removed. Significant Trees and Specimen Trees that are removed by spading and planted elsewhere on the site are exempt from mitigation. Significant Trees and Specimen Trees that are removed by spading and accepted by the County for planting on property at a location designated by the County Manager are exempt from mitigation. Any tree that has been transplanted for the purpose of this section and that becomes diseased or dies within three years of transplanting shall be replanted by the party requesting the exemption with a tree of the same species and size or mitigated pursuant to this article. 5.3.8 Optional Incentives for Retaining Trees A. The retention of existing trees on a site is encouraged. As an incentive to encourage the retention of as many existing trees and existing tree stands on a site as possible, the following credits may be applied to all existing non- invasive trees in good health and condition that are retained on a site to protect tree canopy, native species, and existing natural habitat"and as long as the applicable standards of this section are fully met. Page 516 2020-11 Board of Commissioners Draft-Tree Retention 1. One parking space from the minimum number of parking space required by Table 5.1.4.A: Minimum Off-Street Parking, may be credited for every three existing Documented Trees or two existing Significant Trees retained on a site, up to a maximum of a 15 percent reduction of the parking requirements. 2. Retention of existing unregulated or Documented Trees a minimum of 2 inches DBH counts for mitigation of the removal of Significant Trees with every inch at DBH retained counting for one mitigation inch. 3. Retention of existing native species unregulated or Documented Trees a minimum of 2 inches DBH counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every inch at DBH retained counting for one mitigation inch for Specimen Trees and 1 5 mitigation inch for Significant Trees. 4. Retention of existing trees growing in mature native forests, as determined by a certified arborist or a North Carolina licensed forester, counts for mitigation of the removal of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH counting for _ one mitigation inch for Specimen Trees and 1.5 mitigation inch for Significant Trees. 5. Retention of existing trees growing in stands or natural clusters, as determined by a certified arborist or a North Carolina licensed forester, counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH retained counting for one mitigation inch for Specimen Trees, 1.5 mitigation inch for Significant Trees if primarily composed of native species, and 1.0 mitigation for Significant Trees if primarily non-native species. B. if a retained Documented Tree or Significant Tree or free retained for mitigation purposes dies within three years of the date of construction on the site, it shall be replaced in accordance with Section 5.3.8, Mitigation. 5.3.89 Removal of Hazardous Trees A. The Planning Director may cause or order removal of any tree or part of a tree, on public or private property, that is in an unsafe condition, damaging to sewers or other public improvement facilities, or infested by an injurious fungus, disease, insect, or other pest. B. The Planning Director may cause or order necessary treatment for any tree on public or private property that is infested by any injurious fungus, disease, insect, or other pest when such action is determined necessary to prevent the spread of any such injurious conditions or pest and to prevent danger to persons or property, or to vegetation planted on adjacent property. C. 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 eight feet above the grade of the sidewalk at the property line or, if no sidewalk grade has been established, , as measured from the center of the roadway. The Planning Director may cause or order corrective action to prevent any such condition from existing. Page 616 2020-11 Board of Commissioners Draft-Open Space Section 2.3 Definitions and Terms invited to gather, browse, sit, interact, or congregate. 3.1.3 Superseding Dimensional Standards D. Performance Residential Development 5. Open Space Open space set-aside provisions are outlined in Section 5.8, Open Space Requirements E. Additional Dwelling Allowance 3. Required Open Space and Improved Recreational Land a. Minimum Requirements 1. Table 3.1.3.E.3.a.1: Required Minimum Open Space-sr er ved establishes the minimum amounts of the gross base site area (see subsection 1 above)that shall be either set aside as open space in accordance with the standards of Section 5.8, Open Space Requirements. Table 3.1.3.E.3.a.1: Required Minimum Open Space Projects with Additional 1 or Improved +recreational-Land District `"'"'!M'''inimum Open Space [1) R-20 50% R-15 35% R-10 20% GPD 35% 08I 35% NOTES: [1] As a percentage of the base site area. Page 1 118 1 2020-11 Board of Commissioners Draft-Open Space 2. If the development shall consist of detached single family units on subdivided lots no less than 6,000 square feet, however, the above minimum amounts for open space or improved recreational land may be reduced by one-half. courts, golf courses, ball fields, basketball courts, soccer fields, tot lots, and shall be equal to at least 15 percent of the base site area. c. Open Space Standards may be used to meet the minimum total amount of open space required by 1. 100 Year Flood Plains: The determination of all flood plain boundaries 2. Lake and Pond Shorelines: The shorelines of lakes and ponds consist percent of all such areas shall be permanent open space. 3. Waterfront Shorelines: Waterfront shorelines consist of the area within /1. Conservation Resource Areas: Conservation resources consist of those important environmental resources described in Section 5.7, Conservation Resources. The minimum amounts that shall remain 5. Other Areas: Other land areas shall be designated open space as needed to satisfy the minimum total required amount. Land areas all - -- -e _ catisfying the minimum open space requirement. 6. Open space, with the exception of Conservation Resource areas, may be improved and used to satisfy the requirements for improved recreational land. 7. Open space shall remain undivided and be reserved and used in accordance with Section 5.8, Open Space Requirements. Page 2 1 18 2020-11 Board of Commissioners Draft-Open Space 3.2.12 Residential Multi-Family Low Density (RMF-L) District D. District DimensonaP `tandard's Single Multi- Standard Family Duplex Triplex Quadrapiex Family Detached Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 50 100 2 Front setback(feet)* 20 35 3 Side setback, street(feet)* 10 30 4 Side setback, interior(feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units/acre) 10 site) Building height, maximum 3 stories, with a maximum of 45 feet** * Does not apply to Performance Residential Developments(see Section 3.1.3.D) ** Heights over 35 feet subject to additional setback of 4 additional feet 3.2.13 Residential Multi-Family Moderate Density (RMF-M) District tea... D. si.4, trict Dimensional Standards ..m ;, Single Standard Family Duplex Triplex Quadrapiex Multi- Detached Family Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 50 100 2 Front setback (feet)* 20 35 3 Side setback, street(feet)* 10 30 4 Side setback, interior(feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units/acre) 17 Required Open Space(% of project site) 20 Building height, maximum 3 stories, with a maximum of 45 feet** * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet Page 3 1 18 2020-11 Board of Commissioners Draft-Open Space 3.2.14 Residential Multi-Family Medium-High Density (RMF-MH) District D. District Dimensional Standards Single Multi- Standard Family Duplex Triplex Quadraplex Family Detached Lot area, minimum(square feet)* 4,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 40 90 2 Front setback(feet)* 15 30 3 Side setback, street(feet)* 10 30 4 Side setback, interior(feet)* 5 20 5 Rear setback(feet)* 15 25 Density, maximum (dwelling units/acre) 25 0 29 Building height, maximum 3 stories,with a maximum of 45 feet** * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet 3.2.15 Residential Multi-Family High Density (RMF-H) District E. District Dimensional Standards Single Multi- Standard Family Duplex Triplex Quadraplex Family Detached Lot area, minimum (square feet)* 3,000 6,000 9,000 12,000 15,000 1 Lot width, minimum (feet)* 40 80 2 Front setback(feet)* 15 30 3 Side setback, street(feet)* 10 30 4 Side setback, interior(feet)* 5 20 5 Rear setback(feet)* 15 25 Density(maximum dwelling units/acre) 36 0 Building height, maximum 3 stories, with a maximum of 45 feet** * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet Page 4118 2020-11 Board of Commissioners Draft-Open Space 3.3.6 Exceptional Design (EDZD) Planned Development District E. Other District Standards 6. Open Space Open space shall-be-previded • - - - - --- - - -- e • --••e - - - . •: - .-e - __ _ - __ _ , shall equal a minimum of-a5 porcont of the gross site area of the district. A minimum 35 percent of the gross area of each EDZD district established shall be set aside as open space in accordance with the standards in Section 5.8, Open Space Requirements. e___ e- __ _ _ __ _ _ - _ __ __ •_ _ , - a. Natural open spaces shall not exceed tcn percent of the open space requirement. b. A maximum of 25 percent of the open space-area may contain recreational amenities courts. Unimproved passive recreation open spaces are encouraged. and quality of life for the future residents or patrons of the EDZD. d. All open space shall remain undivided and be reserved and used in accordance with Section 5.8, Open Space Requirements. e. To prevent bacterial contamination of surface water, pet waste stations shall be installed within required open spaces, and a maintenance schedule for the pet waste stations shall be implemented. Page 5 1 18 2020-11 Board of Commissioners Draft-Open Space Section 5.8 Open Space Requirements 5.8.1 APPLICABILITY A. General Unless exempted in accordance with subsection B below, all new residential and mixed- use development shall comply with the standards in this section. B. Exemptions The following development is exempt from the standards in this section: 1. Single-family and two-family dwellings and mobile homes on individual lots of record or that are created as part of minor or exempt subdivisions; 2, Development where the total minimum open space set-aside required in accordance with this section, including all phases of development, would be 10,000 square feet or less and cannot be combined with designated open space areas, conservation areas, or parks located on adjacent property. 5.8.3 OPEN SPACE SET-ASIDE STANDARDS Except in the EDZD district, all development subject to the standards in this section shall provide the following percent of gross site area as open space set-aside: A Residential Uses: 1. Conventional Subdivision: 10 percent 2. Performance Residential Project: 20 percent B. Mixed-Use Developments: 15 percent 5.8.4 AREAS COUNTED TOWARD OPEN SPACE SET-ASIDE STANDARDS A. General The features and areas identified as counting towards open space set-asides in Table 5.8.5: Open Space Set-Aside Features, shall be credited towards compliance with the amount of open space set-aside requirements outlined in Section 5.8.4, Open Space Set-Aside Standards. Page 6 1 18 2020-11 Board of Commissioners Draft-Open Space Areas Counted as Common Design and Maintenance Open Space Set-Asides Description Requirements Natural Features Lakes, rivers, streams, • Preservation of any existing ponds, wetlands, other natural features and flood •. • .V. r riparian areas, flood hazard hazard areas shall have areas, natural vegetation, highest priority for locating and wildlife habitat areas open space set-asides (see Section 5.7, Conservation Resources; • Maintenance is limited to the Section 5.3, Tree minimum removal and Retention;and Article 9, avoidance of hazards, Flood Damage Prevention) nuisances, and unhealthy conditions Preservation of existing stands of long leaf pine or old growth forest as determined by a certified arborist will count as double the acreage for purposes of meeting the open space requirements in 5.8.4, Open Space Standards 1,7 „ . -ormal Gardens) 1t Formally planned and Formal plantings and gardens regularly maintained open shall have at least one direct areas that provide passive access to a building or to a recreation opportunities, street, bikeway, or walkway including arranged accessible to the development's ,, __ plantings, gardens, occupants and users community gardens, green roofs, gazebos, and similar structures All areas occupied by See Section 5.4, Landscaping required landscape areas, and Buffering tree protection areas, vegetative screening, and water quality buffers, except landscape areas within parking lots Page 7 118 2020-11 Board of Commissioners Draft-Open Space Stormwater Management Areas Treated as Site Amenities - The land area occupied by Qualifying stormwater stormwater management management facilities should be facilities(including retention designed as much as and detention ponds and practicable to support passive * �. other bioretention devices), recreation uses by including A,,, f gentle slopes(less than 3:1) and ;, V' vegetative landscaping and should be accessible to the development's occupants. Access Easements with Paths or Trails Access easements that Such access easements shall =K include paths or trails that include at least one improved are available for passive access from a street, sidewalk, recreational activities such or trail that includes signage as walking,running, and designating the access point biking 4 I h r Land occupied by areas • Land shall be contiguous and facilities used for active unless used to link or recreational purposes, such continue an existing or as ballfields, playgrounds, planned open space lea tennis courts,pools,jogging resource % trails, and community buildings and clubhouses, • Areas shall have at least and land dedicated for one direct access to a parks. building or to a street, bikeway, or walkway accessible to the public or the development's occupants and users Community Water Access Piers, boardwalks, and/or All qualifying access areas land area associated with shall be available to all approved community residents of the development boating facilities. for use. Page 818 2020-11 Board of Commissioners Draft-Open Space 141. ire ,Pariotu+ts,and Plazas Open areas immediately in • A square, forecourt, of plaza front of a building or framed shall be at least 200 square by buildings or streets that feet, but no more than one . ; provide gathering places, acre, in area. . i opportunities for outdoor dining, etc. A square, forecourt, or plaza shall have at least one direct j access to a principal building, or to a street, bikeway, or walkway accessible to the public or the development's occupants and users. • Surrounding principal buildings shall be oriented toward the square, forecourt, or plaza B. Not Counted as Open Space The following areas shall not be counted as open space set-aside areas: 1. Private yards and all areas within private residential lots; 2. Street rights-of-way or private access easements, including sidewalks located within those rights-of-way or easements; 3. Open parking areas and driveways; 4. Land covered by structures unless designated above in Table 5.8.5; 5. Designated outdoor storage areas; 6. Stormwater conveyance features (e.g. swales and drainage ditches) not incorporated into natural feature areas, landscaping, or passive recreation areas; and 7. Parking lot interior landscaping. C. Access The developer shall not place age, religious, sex, or economic restrictions (other than maintenance assessments) upon lot or unit owners for the use of the open space. Land which is restricted in any way for the use, benefit, or enjoyment of a select group within the development shall not qualify as open space. 5.8.6 DESIGN STANDARDS A. Location Open space set-asides shall be located so they are readily accessible by occupants and users of the development. In residential subdivisions, open space set-asides shall be located within one-half mile of all residential lots, to the maximum extent practicable. Page 9118 2020-11 Board of Commissioners Draft-Open Space B. Accessibility All lots or units created within the development shall have direst access to all open space and recreational facilities, as provided, by means of dedicated streets or walkways within the development or by the fact of physical contiguity to other public lands in common ownership of all residents. C. Configuration 1. Open space set-asides shall be integrated and contiguous, un less a different configuration is needed to continue an existing trail or accommodate preservation of natural features. 2. If the development site is adjacent to existing or planned public trails, parks, or other public open space area, the open space set-asides shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other public open space area (see Figure 5.8.6.8: Example Open Space Set- Aside Configuration). 3. Pedestrian access to open space set-asides intended for recreation shall be provided from sidewalks or other pedestrianways within the development. Figure 5.8.6.8:Example Open Space Set-Aside Configuration Before ` • ` 6) or � 4)40 617Pon Fold 011 411! 411111 Want tif/ fer ) • NM Trail After D Permitted Development within Open Space Set Aside Development within an open space set-aside shall be in accordance with the purposes and description of the type(s) of open space set-aside. Where appropriate, such development may include, but is not limited to, walking,jogging, and biking paths or trails; benches or other seating areas; meeting areas; tables, shelters, grills, and other picnic facilities; docks and other facilities for fishing; environmental education guides and exhibits; gazebos and other decorative structures; fountains or other water features;play structures for children; gardens or seasonal planting areas;pools; athletic fields and courts; and associated clubhouses. Page 10j18 2020-11 Board of Commissioners Draft-Open Space E. Flexibility in Administration Authorized 1. The approval body is authorized to permit minor deviations from amount, size, location, and nature of open space set-aside standards whenever it is determined that: (i) the objectives underlying these standards can be met without strict adherence to them; and(ii) because of peculiarities in the developer's tract of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards. 2. Whenever the approval body authorizes some deviation from the standards set forth in this'section, the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 5.8.7 OWNERSHIP, MANAGEMENT, AND MAINTENANCE A. General Open space set-asides shall be managed and maintained as permanent open space through one or more of the following options: 1. Retention of open space set aside areas by the developer; 2. Conveyance of open space set-aside areas to a property owners'or homeowners'association established in accordance with the requirements of Section 6.4.4, Property Owners'Association (POA), that holds the land in common ownership and will be responsible for managing and maintain the land for its intended open space purposes. 3. Conveyance of open space set-aside areas to a third party beneficiary such as an environmental or civic organization that is organized for, capable of, and willing to accept responsibility for managing and maintain the land for its intended open space purposes in perpetuity; 4. Transfer to the County, for use as open space or other recreation area, provided the County consents to the transfer;or 5. Establishment of easements on those parts of individually-owned lots including open space set-aside areas that require the areas to be managed consistent with the land's intended open space purposes and prohibit any inconsistent future development, in perpetuity. B. Responsibility for Managing and Maintaining Responsibility for managing and maintaining open space set-asides rests with the owner of the land of the open space set-asides. Failure to maintain open space set-asides in accordance with this section and the development approval or permit shall be a violation of this Ordinance. 5.8.8 PAYMENTS IN-LIEU OF DEDICATION A. As part of a conditional rezoning, master development plan, special use permit, or major residential subdivision consideration, the approval body may authorize a payment in-lieu of dedication for all or a portion of the required open space when such is determined to be in the best interest of the citizens of the areas to be served. Criteria to be used in this determination shall include: Page 11f18 2020-11 Board of Commissioners Draft-Open Space 1 The value the amount of land required to be retained as open space would provide to residents or the surrounding community; 2. Any limits the shape, topography, or unique site constraints would place on the usability or community benefit of the open space; 3. The impact of insurance and maintenance costs on the affordability of proposed residential units; and 4. The existing recreation and open space available for residents of the proposed development. B If the approval body authorizes the payment in-lieu of dedication, the amount of such payment shall be the product of the number of acres to be dedicated and the average fair market value of the land being subdivided at the time of the submission of the application. The fair market value of the land shall be determined based on the value of the land for property tax purposes and other relevant information. C. All monies received by the County in accordance with this section shall only be in accordance with the provisions of NCGS 160D, Article 13, Part I. Open Space Acquisition to benefit the general area (northern unincorporated New Hanover County or southern unincorporated New Hanover County) where the proposed projected is located. D. If a payment in-lieu of dedication is authorized, such payment shall be made before final zoning compliance approval of single-property development or before the final plat approval of a subdivision. If a subdivision is developed in phases, a payment relating to each phase must be made prior to the recording of a final plat for each phase. 5.8.1 GENERAL • -- - ' • -- • .. •- _•': • - - - , .-•-•-. -• - - - - .. ,- - - -"- 5-.8.2 hCCESS TO OPEN-SPACE {�R-s� f� f2 Pa ge 12118 2020-11 Board of Commissioners Draft-Open Space 583 OPEN SPACE PROVISIONS before any lots are sold; C. The a:cociation shall provide for liability insurance, any-taxes, and the maintenance ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS Section 6.3 Improvements G. Recreation Space b. Passive recreation areas must consist of undisturbed, unique, and Page 13J18 2020-11 Board of Commissioners Draft-Open Space 2. Required Recreation Areas - -1 -- -= - - -- -- -- - - - - - -- - - - - - - recreation. -- - -- - -e - - - e. -- - -- - -- ---- - - -- - - 1 1 1 - -- - -- recreation space; or b. The recreation needs of the development can be adequately met by Payments In Lieu of Dedication. a Unity subdivision is developed in phases or sections, except where it is In such case, the appropriate governing body may require that such parcels be connected. b. Usability for one half of the area used for passive recreation land. Tidal marshes cmnnot be counted to satisfy the rccr •_• e--- - -_ -e . -'•-• G -Shape Page 14 118 2020-11 Board of Commissioners Draft-Open Space -- , - -- -- = , - - = - = •s,basketball ceps, swings, slides, and play•aPPafatus. d. Greenways • -- • c. Location f. Access All dwelling units in the subdivision shall have#gee, easy, and convenient g. Topography The average slope of the portion of dedicated land deemed usable for dedicated be greater than 15 percent. h. Required Stormwater Detention/Retention Facilities fulfill the requirements set forth by this section. Amenities, such as are designed according to the standards specified in the Technical i. Landscaping j. Encroachments recreational facilities. Page 15 I 18 2020-11 Board of Commissioners Draft-Open Space park, such area shall be included as part of the area set aside to satisfy the requirements of this section. This area shall be dedicated to public I. Recreational Facilities The County may require the installation of recreational facilities after in the subdivision; (iii)the proximity, nature, and excess capacity of existing County recreational facilities;-and-(iv)the cost of the recreational facilities. m. Procedure for Dedication of Land •- ■- -e Subdividers shall designate on the preliminary subdivision plan the area or areas to be dedicated pursuant to this section. 2. Review of Land to Be Dedicated - -- '-' - - •- e .' - --- - - - - -, Director shall submit a copy to the appropriate agencies for review. The appropriate agencies shall submit any and all recommendations concerning the land to be dedicated to the Technical Review Committee at its next scheduled meeting. 3. Ownership The type of ownership of land dedicated for park, recreation, or open space purposes shall be selected by the owner, developer, Committee or Planning Director, whichever is making a decision rovided, however, any of such areas County. The type of ownership may include, but is not i. The County, subject to the acceptance by the County Commission; ii. Other public agencies, subject to their acceptance; or organizations; or subdivision. n. Payments In Lieu of Dedication 1. General Provisions When the Technical Review Committee or Planning Director, Page 1618 2020-11 Board of Commissioners Draft-Open Space a roasonablo time that is located closo enough to such appropriate, may also authorize a combination dedication and be in the best interest of the citizens of the area to be served. Any public dedication is subject to review and acceptance by the 2. Procedure in lieu of dedication. The letter shall-include the proposed per acre value and the basis for the determination of such value. the Planning Director. The staff shall submit any recommendations concerning the request to the Technical Review Committee at its next scheduled meeting. 3. Amount of Payment shall be the product of the number of acres to be dedicated as of the preliminary subdivision plan. The Tax Department shall submitted by the subdivider, and other relevant information. All monies received by the County in accordance with this section shall be used only for the acquisition or development of recreation, park, or open space ar as that will benefit the new subdivision residents. In the event the Technical Reviow Committee or Planning ■ Pa g e 17 118 2020-11 Board of Commissioners Draft-Open Space finds that a land dedication does not meet the long range plans 6. Time of Payment for each phase. - . . • 1. The requirements set forth in this subsection conccrning the developments are established by the County as standards that recreational facilities and open space that is consistent with the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved precision. Therefore, the Technical Review Committee or Planning Director, whichever is making a decision on the these standards whenever it is determined that: (i)the objectives of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards. 2. Whenever the Technical Review Committee or Planning authorizes come deviation from the standards sot forth in this application shall contain a statement of the reasons for allowing the deviation. Page 18118 2020-11 Board of Commissioners Draft-Setbacks 3.1.3 Superseding Dimensional Standards C. Setback Requirements in Certain Commercial and Industrial Districts Interior side setbacks and rear setbacks in the B-1, B-2, O&I, AC, I-1, and 1-2 districts shall be as follows: 1. No interior side or rear setbacks are required for nonresidential structures from lot lines shared with abutting nonresidential uses where the structure and the abutting use are located within the B-1, B-2, O&I, AC, I-1, and 1-2 districts. 2. A setback of 20 feet is required for any structure in the B-1, B-2, O&I, AC, I- 1, and 1-2 districts from any lot line adjacent to a lot in a residential district occupied by a nonresidential use. 3. Table 3.1.3.C.3: Interior Side and Rear Setbacks from Alauttiog Residential Properties, establishes the setback requirements for structures in the B-1, B-2, O&I, AC, I-1, and 1-2 districts from lot lines shared with abutting existing residential uses and/or platted lots located within a residential zoning district. The setbacks in Table 3.1.3.C.3 may be reduced in the AC, I-1, and 1-2 districts in accordance with Section 5.4.43, Transitional Buffers Standards, but may not be reduced below the absolute minimum setback specified in Table 3.1.3.C.3(by use of the language "in no cases less than"). Table 3.1.3.C.3: Interior Side and Rear Setbacks from Abutting Residential Usc or- -tatted Lot-in-Residential Dist-r-kt Rear Setback , B-1 a ies..than 25 feet - e less than 30 feet 25 ft. 30 ft. B-2 a less than 35 feet 30 ft. 35 ft. O&I a less than a5 feet a less than 0 feet 25 ft. 30 ft. AC a tees.than 35 feet a less than 40 feet 45 ft., in no case less than 35 ft. 50 ft., in no case less than 40 ft. I-1 a less than 35 feet ' e less than 40 feet 50 ft.in no case less than 35 ft. 50 ft., in no case less than 40 ft. 1-2 a less ttian 10 feet a less than 45 feet 100 ft., in no case less than 40 ft. 100 ft., in no case less than 45 ft. Page 111 2020-11 Board of Commissioners Draft-Height 3.2.4. Rural Agricultural (RA) District D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet)* 30,000 1 Lot width, minimum (feet)* 115 2 Front setback (feet)* 40 3 Side setback, street(feet)* 30 4 Side setback, interior(feet)* 20 5 Rear setback (feet)* 30 Density, maximum (dwelling units/acre)** 1 Building height, maximum (feet)*** * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Applies only to Performance Residential Developments(see Section 3.1.3.D). *** Structures elevated on open foundations consisting of piers,posts,columns or piles i roventien,shall have a maximum height of 44 feet. 3.2.5 Airport Residential (AR) District D. Dblitthilt4OVANIISORMISMOW}-�„} a°:*lx..1:`s a � L_..a• k ti Y. �'rE`3titi 3.PoSJGiP�4.'A.t,>�rt=J'`. Standard All Uses Lot area, minimum (square feet) 43,560 1 Lot width, minimum (feet) 100 2 Front setback (feet) 25 3 Side setback, street(feet) 30 4 Side setback, interior(feet) 20 5 Rear setback (feet) 30 6 Building height, maximum (feet) 35* In * Str.uctures elevated or, open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet All structures are subject to the height limits specified in Section 5.10, Airport Height Restriction. Page 114 2020-11 Board of Commissioners Draft-Height 3.2.6 Residential 20S (R-20S) D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet) 20,000 1 Lot width, minimum (feet) 90 2 Front setback(feet) 30 3 Side setback, street (feet) 22.5 4 Side setback, interior(feet) 15 5 Rear setback(feet) 25 Building height, maximum (feet)' 40 * Structures elevated on open foundations consisting of piers.posts, columns or piles Prevontion, shall have a maximum height of 44 feet. 3.2.7 Residential 20 (R-20) District D. District Dimensional Standards Standard Single Family Detached Duplex Lot area, minimum (square feet)* 20,000 20,000 1 Lot width, minimum (feet)* 90 90 2 Front setback (feet)* 30 30 3 Side setback, street(feet)* 22.5 22.5 4 Side setback, interior(feet)* 15 15 5 Rear setback (feet)* 25 25 Density, maximum (dwelling units/acre)** 1.9 Building height, maximum (feet)*** 35 * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Applies only to Performance Residential Developments(see Section 3.1.3.D). *** Structures elevated on open foundations consisting of piers;posts, columns or piles Prevention , shall have a maximum height of 44 feet. f' ag & 2 4 2020-11 Board of Commissioners Draft-Height 3.2.8 Residential 15 (R-15) District D. District Dimensional Standards Standard Single Family Duplex Detached Lot area, minimum (square feet)* 15,000 25,000 1 Lot width, minimum (feet)* 80 80 2 Front setback (feet)* 25 25 3 Side setback, street(feet)* 15 15 4 Side setback, interior (feet)* 10 10 5 Rear setback (feet)* 20 20 Density, maximum (dwelling units/acre)** 2.5 Building height, maximum (feet)*** 35 * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Applies only to Performance Residential Developments(see Section 3.1.3.D). *** Structures elevat&a on open foundations consisting of piers,posts, columns or pries .. :e - --.. - - - •. ' .. - ---- - ' - - - - .. - ' ' - I. --- !!-••-e: lar-eveRtionl shall have a maximum height of 44 feet. 3.2.9 Residential 10 (R-10) District D. District DimensIItial Stands Standard Single Family Detached Duplex Lot area, minimum (square feet)* 10,000 15,000 1 Lot width, minimum (feet)* 70 70 2 Front yard, minimum (feet)* 25 25 3 Street side yard, minimum (feet)* 12.5 12.5 4 Interior side yard, minimum (feet)* 5 5 5 Rear yard, minimum (feet)* 20 20 Density, maximum (dwelling units/acre)— 3.3 Building height, maximum (feet)*** 3a * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Applies only to Performance Residential Developments(see Section 3.1.3.D). *** Structures elevated un vNEr roundatlons consistiny of pie-s,posts, columns or piles Prevention, shall have a maximum height of 44 feet. �. , e 3 14 2020-11 Board of Commissioners Draft-Height 3.2.10 Residential 7 (R-7) District D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet)* 7,000 1 Lot width, minimum (feet)* 50 2 Front setback(feet)* 25 3 Side setback, street(feet)* 12.5 4 Side setback, interior(feet)* 8 5 Rear setback(feet)* 20 Density, maximum (dwelling units/acre)** 6 Building height, maximum (feet)*** 35 40 * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Applies only to Performance Residential Developments(see Section 3.1.3.D). *** Structures elevated on open foundations consisting of piers,posts,columns or piles Prevention,shall have a maximum height of 44 feet. 3.2.11 Residential Moderate-High Density (R-5) District E. District Dimensional Standards Standard Single Family Duplex Triplex Detached P P Quadraplex Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 1 Lot width, minimum (feet)* 50 2 Front setback(feet)* 20 3 Side setback, street(feet)* 10.5 4 Side setback, interior(feet)* 7 5 Rear setback(feet)* 15 Density, maximum (dwelling units/acre)*" 8 Building height, maximum (feet)*** 35 40 * Does not apply to Performance Residential Developments(see Section 3.1.3.D). ** Applies only to Performance Residential Developments(see Section 3.1.3.D). *** Structures elevated on open foundations consisting of piers. posts, columns or piles shall have a maximum height of 44 feet. Page 414 2020-11 Board of Commissioners Draft-Landscaping and Buffering Section 5.4 Landscaping and Buffering 5.4.1 Purpose County's unique sense of place and support the health of its natural resources. C. Defining functional exterior spaces; D. Reducing glare into and from developed sites; E. Reducing dust and other pollutants suspended in the air; cites; G. Influencing wind patterns and their effects upon proposed uses; J. Minimizing soil erosion; K. Moderating interior and exterior temperatures by controlling solar radiation on L. Maintaining the aesthetic quality of proporty and enhancing its values; M. Maintaining the integrity of the County's natural heritage; 0. . 5.4.21 Applicability A. Except where expressly exempted, these standards shall apply to all development within the County's planning jurisdiction except for single-family residences being constructed on lots of two acres or less. B. In cases of expansions to existing principal structures or uses, all newly developed portions of the site shall be subject to the full landscaping requirements of this section. Landscaping upgrades for previously developed portions of the site, up to the maximum landscaping required, shall be provided in accordance with Table 5.4.2 .B: Landscaping Upgrade Standards. Page 113 2020-11 Board of Commissioners Draft-Landscaping and Buffering Table 5.4.2 .B: Landscaping Upgrade Standards Total Trees Interior Transitional Expansion Street Yard Area Parking Lot Required Buffer Yard Landscaping 10 and up to-25 percent increase in 16-per-we 50 percent of the Feur 4 percent A 6-10 ft. tall gross floor area or vehicle use area,OR required width for of parking lot Ffence or 50 Between 5 and-20 new parking spaces new construction area percent of required width required for new construction Greater than 25 and up to-50 percent 15 per acre Full width to the4-per-cent-or 6 A 6-10 ft. tall increase in gross floor area,OR extent practicable percent of fence or 50 Over 10,000 square feet increase in but in no case less parking lot percent of gross floor area,OR than of 50 percent area if width 21 up to-50 new parking spaces of the required possible,but required for required width for new no less than 4 new construction percent construction Greater than 50 percent increase in 15 per acre Full width required 8 percent of Full width as gross floor area or vehicular use area, for new parking lot required for OR construction area new Over 20,000 sq.ft increase in gross floor construction area,OR More than 50 new parking spaces required C. When a subdivision of previously developed property occurs and a building permit for new construction is obtained for any newly created parcel within two years of the date that the final subdivision plat was approved, all parcels of the original tract shall comply with the provisions outlined in Table 5.4.21.AB for expansions. D. For consecutive expansions occurring within any two-year period, the amount of the expansions shall be summed, and the maximum landscaping required for the total extent of the expansions shall be provided. E. Notwithstanding the above requirements, expansions to existing structures of uses amounting to no more than a total of 500 square feet of gross floor area over a two-year period shall be exempt from the street yard and interior parking lot landscaping standards. 5.4.32 General Standards A 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"manual prepared by the County Planning and Land Use Department and incorporated herein by reference (it is-available in the County Planning and Land Use Department), or shall-be approved by the new Hanover County Agricultural Extension Service. Unless otherwise specified, any tree planted to meet the Page 2113 2020-11 Board of Commissioners Draft-Landscaping and Buffering requirements of this section shall be a minimum of 2.5-inch caliper in size at the time of planting. B A minimum of 15 trees of at least two inches DBH or two caliper inches, as applicable, shall be retained or planted on a parcel where development occurs for each acre or proportionate area disturbed by the development. Trees retained on the parcel in accordance with Section 5.3, Tree Retention shall count toward this requirement. C. Existing vegetation in good health and condition that meets all applicable standards in this section may be used to satisfy any planting requirements of this section, provided the vegetation and any trees are protected before and during development, in accordance with Section 5.3.7, Tree Protection During• Construction. •- =- = - .e • - -- : -•-:: -- - =-- - =- - - •e- Tree Retention. D. Up to 15 percent 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, benches, and table pads, etc.) E. • - _ - - - _ _ -_- _ - : _:. •:-_, .Unobstructed visibility shall be maintained at all driveways and madway intersections, at elevations between three and seven feet of the pavement level within the driveway or roadway's sight triangle, or any area required by NCDOT. F. It is encouraged that stormwater management systems be integrated into the landscaping plan. G. No certificate of occupancy for any construction or renovation shall be issued until one of the following conditions is met: 1. The required landscaping is completed in accordance with the approved plan; 2. A bond or certified check, in an amount submitted by the developer and certified by the County Commissioners to be acceptable, has-been posted and available to the County; or 3. An irrevocable letter of credit or deposit of funds in escrow, in an amount submitted by the developer and certified by the County Commissioners to be acceptable, is issued by a bank in a form approved by the County Attorney. H. No surety or portion thereof, as provided for in this section, shall be released by - -e-• -e••••• •_ until all landscaping is installed, inspected, and• approved, - - ' - -- -• --• -- -• - - - -- - - • - = - .-e• 5.4.43 Transitional Buffers Standards A. Purpose Transitional buffers are intended to protect adjoining land uses, particularly residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic impacts of more intensive land uses. �' r t 3 113 2020-11 Board of Commissioners Draft-Landscaping and Buffering • B. Required Width and Plantings 1. Buffer Types The width of a transitional buffer and the required quantity and type of plantings varies based on the nature of the proposed adjacent uses. Table 5.4.3.8.1: Required Transitional Buffers, establishes the type of buffer that is required between two adjacent land uses. Each buffer type is described in Table 5.4.3.8.2: Landscape Buffer Options. Existing Adjacent Use or Zoning District Single-Family Detached or Two-Family Proposed Use (Duplex)Dwelling Units; All other residential Undeveloped land in RA, AR, R 20, R- uses, ! 20S, R 15, R 7 R40, or R 5 Zoning RMF Zoning Distolcts n.'cfrir.ts Single-Family Detached or Two- N/A N/A Family(Duplex) Dwelling Units All other residential uses Type A: Opaque Buffer N/A Civic & Institutional and Type A: Opaque Buffer N/A Commercial Uses Industrial Uses Type A: Opaque Buffer Type B: Aesthetic Buffer Table 544,13:-Transitional-Buffer Standards New-Development-en-Subject-Site Adjacent-Preperty s Nonresidential. Attached) sidential developments structure •--Developinent-with-Additional zoning-district Dwelling-Allowance • Platted. sidential lots Planned Development subdivision 2. Minimum Width and Plantings I . Page 41 13 2020-11 Board of Commissioners Draft-Landscaping and Buffering a. ]tie standards foi each buffer type are described in Table 5.4.3.8.2: Landscape Buffer Types. b. The width of the required buffer in particular locations may be reduced by up to 50 percent as long as the total area of landscape buffer that is provided is the same as if the width of the buffer were not reduced, and the Planning Director determines that the amount of screening where the width is reduced will be sufficient to accomplish the purposes of this Section 5.4.3. trurxe► y Minimum Width and Plantings Required The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3:Zoning Districts, or 20 feet, whichever is greater.** Option 1: Planted materials shall be a minimum of six feet in height and provide approximately full opacity Vegetation Only within one year of planting.* A minimum of three rows of planted material are required. The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3:Zoning Districts, or 20 feet, whichever is greater.** Option 2: The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized Combination with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or Berm& less with a level or rounded area on top Vegetation The combined height of the berm and planted vegetation shall provide approximately full opacity to a minimum height of six feet within one year of planting. The height of the berm and vegetation shall be measured from the ground level at the nearest lot boundary line * The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3:Zoning Districts,or 10 feet, whichever is greater.** Fencing shall be between 6 and 10 feet in height. Required planted materials shall be located between the fence and the common property line Option 3: unless otherwise specified. Combination Fencing& if solid fencing is used,planted materials a minimum of three feet in height and providing a Vegetation minimum of approximately 50 percent visual opacity at initial planting shall be required. Vegetation shall be planted between the fence and the nonresidential or attached structure if the required buffer is 15 ft. or less in width to accommodate regular maintenance,* If permeable fencing is used, a minimum of two rows of planted materials providing approximately full opacity within one year of planting are required.* ' 140111 ..,� ,yqd,_� ..a SR.4P' 3'0`` l "f.. rE. f R.a a.• r .. , - { ) ♦ Width: 20 ft. minimum Option A: Planted materials shall provide approximately 50 percent opacity within one year of planting * Vegetation Only A minimum of three rows of planted material,using a minimum of two plant species that will result in different heights at maturity, are required. Page 513 2020-11 Board of Commissioners Draft-Landscaping and Buffering :Ii &. v, crliCl Li+} Buffer Type Minimum Width and PIantiRequired Width: 10 ft. minimum Planted materials shall provide approximately 50%opacity within one year of planting.* Option B: Fencing shall be between 4 and 10 feet in height. Combination Fencing& Planted materials shall be planted between the fence and the industrial use with sufficient space Vegetation to accommodate regular maintenance. If permeable fencing is used,at least one row of planted materials is required. Chain link or wire fencing cannot be used to meet the fencing requirement. Plants and spacing to achieve ttinprif and opacity reiments of thISIMMIIMIlpillirn the° "and Plant Materials for t..andscaping'manilal. **If the applicant increases the required buffer width,an equivalent reduction in a building's setback is allowed,except for interior side and rear setbacks from residential properties in the B-1, B-2,and O&!districts. - -• - -• - -- - . . Table 54:4.x: Transitional-8u-ffer +pe-s-and-Specifkations ype Specifications ,€ Stnp year-of-pianting Combination Planted Buffer Stfip-and-Penc-ing • shau-be-requireeh Combination germ-arid Vegetation Tcgcccrr'rm� The slope shall ben steeper than 3:1 Page 613 2020-11 Board of Commissioners Draft-Landscaping and Buffering c. If existing trees and shrubs in the location of a required transitional buffer meets at least 50 percent of the required opacity standards, 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 standards of this subsection. Existing trees greater than eight inches DBH shall not be removed from the required buffer area, unless the Planning Director determines removal of such trees is necessary for the installation of utilities or other required essential improvements The retention requirements in this section shall not apply to existing trees or shrubs identified as invasive species, as defined in this Ordinance. C. Activities and Development Within Buffer No activities shall occur in the buffer except for maintenance of the buffer and vet No transitional buffer required by this section may contain any building or structure or extension of any building or mechanical system. This prohibition shall apply 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, HVAC components, waste containers, storage buildings, or any other fixture or permaner, structure, -- -- -• -- - - e= "- '=' . Development within the buffer yard shall be limited to the following: 1. Fences and walls; 2. Retaining walls; and 3. Sidewalks, trails, and bike paths, provided that required opacity is maintained in all locations except connections to off-site sidewalks, trails, or bike paths. • 5.4.64 Screening A. The following uses shall be shielded from view from the property line of a existing residential use by means of a 100 percent opaque solid wall: 1. Dumpsters or other trash holding areas; 2. Outside storage areas; 1. Loading/unloading areas; and 2. Heating/air conditioning units, including excluding roof mounted units. B. The following uses shall be screened from view from the property line of an existing residential use by means of a solid fence; 1. Dumpsters or other trash holding areas; and 2. Outside storage areas. G The following uses shall be screened from the view of any public right-of-way or adjacent property by vegetative materials, berm combination thereof to a height of at least eight feel ' ' - - - - . - - .- , Page 7 1 13 2020-11 Board of Commissioners Draft-Landscaping and Buffering 1. The rear side (if no public access is provided) of a building where that side abuts a street right-of-way; and 2. Any dumpster or trash receptacle storage area used in connection with any business establishment. 5.4.6) Parking Lots Purpose. A. Landscaping in accordance with the standards in this section shall be required for all off-street parking lots with five or more spaces, or at least 2,500 square feet devoted to vehicular use. A landscaping plan shall be submitted in accordance with the requirements outlined in the Administrative Manual B. Landscaping shall be required for parking lot perimeters in accordance with the specifications outlined in Table 5.4.6'.C: Decign Criteria Standards for Parking Lot Perimeter Landscaping, provided that where a perimeter landscaping strip overlays a required street yard or transitional buffer, the more stringent requirements shall apply. Table 5.4.6 .C: Design-Griter-ia for Parking Lot Perimeter Landscaping Applicability • A landscaped strip shall be required along any side of a parking lot abutting another parking lot or land in a Residential zoning district. Dimensional • The perimeter landscaping strip shall be a minimum of ten feet Standards in width. Plantings Required .. - - = A minimum of one evergreen or deciduous tree for every 20 linear feet of planting strip on average,rounded to the highest whole number, shall be planted within the planting strip. Design Alternatives When adjacent to another parking lot,the landscaping strip may be interrupted by driveway connections between parking lots. If adjacent parking lots are developed concurrently,then both properties can install a five-foot strip or footages adding up to ten feet, mutually agreed upon in writing by the two property owners. • A landscaped strip shall not be required between adjacent parking lots that share a double parking row slip along the middle of a drive aisle. • A perimeter landscaped strip may be used as part of a transitional buffer required in accordance with Section 5.5.4 C. Landscaping for parking lot interiors shall be in accordance with the requirements in Table 5.4.6b.D: Design Criteria Standards for Parking Lot Interiors. Page 8j13 2020-11 Board of Commissioners Draft-Landscaping and Buffering Table 5.4.6 .D: Design Criteria for Parking Lot Interiors Dimensional • Interior I landscaped areas in the interior of parking lots shall be Standards equal to eight percent of the total area to be used for parking, loading,automobile sales, driveways, internal drive aisles,and other vehicular or pedestrian use. • Landscaping islands,either separate from or protruding from perimeter landscaping strips,shall be a minimum of 12 feet width measured from back of curb to back of curb. Plantings • One planted or existing tree shall be required for every 144 Required square feet rounded to the next lowest whole number of total interior landscaped area,with a minimum of one tree in each island. • At least 75 percent of trees required for interior landscaping shall be of a shade/canopy species caliper in size. • The remainder of interior landscaped area shall be covered with appropriate mulching or vegetative groundcover, except for designated pedestrian walkways Design • No parking space shall be located more than 120 feet from a Standards landscaped island. • All parking spaces shall be blocked or curbed to prevent vehicles from encroaching more than one foot into planting islands or landscaped yards or damaging adjacent fences or screens. • Depressions and curb cuts shall be allowed for water quality protection. Design • The interior landscaping requirement for storage facilities can Alternatives be met with landscaped islands on the ends of buildings and with protruding perimeter landscaping. • 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. • For redevelopment of nonconforming parking facilities containing a total of 5-25 parking stalls, a perimeter landscaped strip a minimum width of ten feet may be provided in-lieu of interior landscaping. For every 40 linear feet, or fraction thereof, the perimeter strip shall contain a minimum of one canopy tree • __ .• ._ • .• or three understory trees at AND a continuous row of evergreen shrubs a minimum 18 inches in height at time of planting. D. When a parking lot is within 50 feet of a right-of-way, and no other provisions of this Ordinance require a planted buffer, a low landscaped screen shall be installed along any portions of the parking lot along the right-of-way and be incorporated into the street yard to provide protection from the headlights of vehicles within the parking lot, subject to The landscaped screen shall comply with the following standards 1. The landscape screen shall consist of shrubbery, a grade change, a planted berm, or any combination thereof a minimum of three feet in height and five feet in width. Page 91 13 2020-11 Board of Commissioners Draft-Landscaping and Buffering 2. If the landscape screen is at least 15 feet in width, the landscape screen may continuous and incorporated into the street yard landscaping area. 3. Depressions and curb cuts shall be allowed for water quality protection. E. The Planning Director may waive all or part of the requirements of this section if: 1. The parking lot is limited to periodic or intermittent use for a vehicular parking lot for des Religious Assemblies or park and Recreation Area , provided the parking lot is completely covered by grass or otherwise presents a landscaped effect. 2. The parking lot is a temporary parking lot for a period of no more than one year in length and it will not violate the purposes of this section and this Ordinance. 5.4.26 Street Yards Standards Street yard landscaping is required upon new construction of principal structures, expansions to existing structures, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code; 3. Private Residential Boating Facilities, 4. Cemeteries, 5. Park and Recreation Areas with no structures or parking areas;and 6. Utility lines. B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.E .B, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements and conforms with required street yard minimum and maximum widths. yards may be located within any required minimum setback. Table 5.4.7 .6: Street Yard Area Standards Zoning District or Use Required Area B-2, CS, 1-1, 1-2, AC • 25 square feet for every linear foot of street yard frontage • Minimum street yard width:12.5 feet • Maximum street yard width:37.5 feet B-1, CB, O&I, EDZD, UMXZ Districts • 18 square feet for every linear foot Developments with Additional Dwelling of street yard frontage Allowance or High Density Development • Minimum street yard width:9 feet Special Use Permit • Maximum street yard width:27 feet E E r 10 113 2020-11 Board of Commissioners Draft-Landscaping and Buffering Table 5.4.7 .8: Street Yard Area Standards Zoning District or Use Required Area Non-Residential Uses in Residential • 12 square feet for every linear foot Districts of street yard frontage • Minimum street yard width:8 feet • Maximum street yard width:18 feet — The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. — The area of any walkways,sidewalks or other bicycle and pedestrian facilities,and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. — Areas designated for stormwater functions, except piped areas,shall not be included in the required street yard area. — The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building's front yard setback. — The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. C. For every 600 square feet of street yard area on average, the following landscaping shall be provided: 1. One canopy/shade tree - •• ••• - - - - __ - _- -" -- -= •• -• _ - or if overhead power lines are located above the street - ; three (3) understory trees a minimum of six(6)feot in height at time of - - - - - - - - - e .. -- - -- - - -- - :; and 2. Six shrubs, 12" . in height at time of planting. D. Street yard landscaping shall be required along all street frontage. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in Table 5.4.76.AB: Street Yard Area Standards. Secondary street frontages are required to contain 50 percent of the required street yard area. E. If there are existing trees of a minimum two inches OBH caliper size in the proposed street yard, the Planning Director may grant credit for these trees toward meeting tree preservation requirements. In addition, the Planning Director may require the saving of any regulated tree in the street yard area. F. On a case-by-case basis, the Planning Director may approve alternate planting materials or substitutions to street yard planting requirements where requirements would not be practical due to existing vegetation or other unique condition.. Such substitutions must be determined to be in keeping with the purpose and intent of this section. G. For all lots of record two acres or less in size, if the Planning Director determines that the essential site improvements cannot be accommodated under these requirements, then the required street yard area may be reduced by one-half, but in no case shall it be reduced less than one-half. Page 11 113 •,:. _.. .ate t..._�_ -._�_--- :_---- _ _.N.r �. .a r..�_-, . ----..,., - n,..,,.P�, ., . 2020-11 Board of Commissioners Draft-Landscaping and Buffering H. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. 5.4.8-/ Foundation Plantings A. Foundation plantings located between the building face and the parking lot or drive aisle shall be required for all portions of buildings adjacent to parking lots or internal drive aisles. B. The following minimum standards are required, though additional landscaping is encouraged: 1. The foundation planting area shall be a minimum of 12 percent of the area of the building face adjacent to the parking area or internal drive; and 2. The foundation planting area shall be planted as landscaped areas of sufficient variety, height, and size, with plantings listed in "Tree and Plant Materials for Landscaping." C. Exemptions from foundation plantings may be granted by the Planning Director when the following circumstances exist or when any of the following conditions are proposed on the site: 1. For those portions of buildings that have drive-up services (be. , pharmacies, banks, fast food restaurants, dry cleaners, photo shops, etc.); and 2. On the rear side of a building when less than 10 percent of the total required parking is located in the rear of the building and the rear is not adjacent to any public right-of-way. 5.4.9- Required ! andscaping Plan 8. The landscaping plan shall include the following: 1. Date of plan preparation; 2. Project name and description of land use; 3. Project owner and mailing address; '1. A map at a scale of 1" - 100' or less showing: a. North arrow; b. Scale; their canopy drip line. If groves of protected trees exist that will not be removed or disturbed, it is permissible to label the grove as such on the map, stating the approximate number of protected trees and species d. Locations, dimensions, and square footage of required buffer strips, screens, and required landscaping areas; Page 1213 2020-11 Board of Commissioners Draft-Landscaping and Buffering c. Details of required landscaping showing species, dimensions, and vegetation; g. The zoning district classification of adjacent properties; h. Approximate locations of all trees greater than eight inches (8") DBF4 part of the buffer; i. Setbacks of all structures and shielding of certain uses, as required; j. All existing and proposed utilities, and if applicable, their associated acements; k. Location of any Conservation Resources associated with the parcel Endangered Species Act. 5. The propose schedule for landscaping; 6. Notes on the plan stating that prior to any clearing, grading, or construction . _ _ . -: - •_ .e-struction workers, tools, materials, or 7. Reasons for removal if any protected tree is intended to be cleared from the cite. Suitable reasons for clearing one or more of these trees include such removal. Unsuitable reasons include such factors as the need for more -- - •- •- •••••••- -- :e by this Ordinance is desired, or that non selective clearing by bulldozers is less expensive than selective 5.4.408 Maintenance A. All existing vegetation that is used to meet comply with h the landscaping requirements, all required planted living material, and all required berms shall be maintained by the owner of the property on a continuing basis. B. Any planted material that becomes damaged or diseased or dies shall be replaced by the owner within 60 days of the occurrence of such condition. If the Planning Director determines there are seasonable conditions that will not permit the timely replacement of the vegetation (e.g. too hot or too cold for successful replanting), the Planning Director may modify the requirement until a time certain when the replanting would be successful. C. Artificial fencing and nonliving screening buffers shall be maintained, cleaned, and repaired by the owner of the property on a continuing basis. Such fencing shall be kept free of litter and advertising. Page 13 113 2020-11 Board of Commissioners Draft-Parking and Loading Section 5.1 Parking and Loading 5..1.1 ■rp ent 5.1.21 Applicability 3. Upon a change in use or occupancy type. __ -- - - - _- -- _- • _- - • - -_- - -, - _ _- _ _ - - A. New Development All new development shall provide off-street parking and loading areas in accordance with the standards of this section. B. Existing Development 1. Any change in use of existing development shall be accompanied by provision of any additional off-street parking and loading spaces required for the new use by this section, provided that additional off-street parking is not required if the change in use results in fewer than five additional parking spaces or less than a five percent increase in required parking spaces. 2. If an existing structure or use is expanded or enlarged(in terms of the number of dwelling units, guest rooms, floor area, or seats), any additional off-street parking and loading spaces that may be required shall be provided in accordance with the requirements of this section as applied only to the expanded or enlarged part of the structure or use. 5.1 Time of Re iew another. Page 121 2020-11 Board of Commissioners Draft-Parking and Loading 5.1.4, Minimum Off-Street Parking Standards• .- -- -- - - e - e • -..e e- --- • - . -e_ - e. - - -• .4: ! - -- -- - - - -- - - - = e. - - - -- - - At Minimum Number of Off-Street Parking Spaces Except as otherwise provided in Section 5.1.3.A, Alternative Parking Plans, new development or a change in use or expansion shall provide the minimum number of off-street parking spaces in accordance with Table 5.1.2.A: Minimum Off-Street Parking, based on the principal use or uses on the site. Interpretation of the off-street parking space standards for principal uses with variable parking demands or unlisted principal uses shall be in accordance with Section 5.1.3.8, Unlisted Uses, below, Table Off-Streefi Parking - • Use Required Off-Street Parking Natiliftscit ': Agricultural and Forestry Uses; General No minimum Livestock Sales No minimum Stable No minimum Wholesale Nursery No minimum Residential Uses Household Living Dwelling, Dual-Unit Attached 2/du 1 5/du with 1 bedroom; Dwelling, Multi-Family 2/du with 2+bedrooms 1.5/du with 1 bedroom; Dwelling. Quadraplex 2/du with 2+bedrooms Dwelling, Single-Family Detached 2/du 1.5/du with 1 bedroom; Dwelling, Triplex 2/du with 2+bedrooms Dwelling, Row-Style 2/du Dwelling, Two-Family(Duplex) 2/du • Live/Work or Caretaker Unit 2/du, in addition to parking provided for principal use Mobile Home 2/du Mobile Home, Doublewide 2/du Page 2121 2020-11 Board of Commissioners Draft-Parking and Loading r . Table 5.1.42.A: Minimum Off-Street Parking sf=square feet of gross floor area, except where otherwise specified, du = dwelling unit;/=per Use Required Off-Street Parkin Mobile Home Park 2/du Mobile Home Subdivision 2/du Senior Living: Independent Living Retirement 1.5/du plus 2/1,000 sf nonresidential space Community Group Living Family Care Home 2/du Fratemity/Sorority Residence 1/single occupancy bedroom 2/double occupancy bedroom Group Home Maximum of 2 plus 1/every 4 beds plus 2 for resident supervisor(s) Senior Living: Assisted Living Facility 1 per 3 beds Senior Living: Continuing Care Retirement Community See Senior Living: Independent Living Retirement Community and Senior Living: Assisted Living Facility Civic and Ipsfitutional Child bnd Adult Care Adult Day Care 1 per 4 clients(per design capacity or state permit) Child Care Center 1 per 10 children(per design capacity or state permit) Family Child Care Home 1 space in addition to the 2/du required for the residential use Civic Animal Shelter 2/1,000 sf Community Center 2.5/1,000 sf Library 2.5/1,000 sf Lodges, Fraternal, &Social Organizations 3/1,000 sf Museum 2.5/1,000 sf Religious Assembly 1 per 5 seats in largest assembly area Communication and Information Facilities Amateur Radio Antennas(up to 90 ft.) No minimum Antenna& Towers less than 70 ft. in Height&Ancillary No minimum to the Principal Use Collocation, Wireless No minimum Page 321 2020-11 Board of Commissioners Draft-Parking and Loading Table 5.1.4- .A: Minimuri Off-Street Parking Standards sf= square feet of gross fluor area, except wnere otherwise speci 1 do = dwelling unit, / Use Required Off-Street Parking Non-Substantial Modification No minimum Other Wireless Communication Facilities including Wireless Support Structures&Substantial No minimum Modifications Educational Services Colleges, Universities, and Professional Schools 2/1,000 sf classroom and research space, plus 1 per 6 seats in largest assembly area Kindergarten, Nursery, Elementary, and Junior High Elementary and Secondary Schools School: 1 per 6 students per design capacity High School: 1 per 4 students design capacity Vocation or Trade School 3/1,000 sf Government Services Government Offices and Buildings 2.5/1,000 sf Post Office 2.5/1,000 sf,plus 1 for each post office vehicle stored on site Health Care Facilities Hospital 3.5/1,000 sf Medical and Dental Office and Clinic 3.5/1,000 sf Nursing and Rehabilitation Center 1 per 4 beds Recreation,Parks, and Open Space Boating Facility, Community 1 per boat slip Boating Facility, Private Residential No minimum Cemetery No minimum Goff Course 2 spaces per hole Park and Recreation Area No minimum Transportation Airport and Terminal No minimum Bus and Taxi Terminal No minimum Heliport No minimum Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities Marina, Commercial with Floating Structures 1 per boat slip, 1 per 4 dry storage facilities, and 2 per floating structure Railroad Freight Depot 2/1,000 sf office facilities Page 421 2020-11 Board of Commissioners Draft-Parking and Loading Table 5.1.42.A: Minimum Off-Street Parking Standards sf-square feet of gross floor area, except where otnorwise speciiiEo, du =dwelling unit;/ pet Use Required Off-Street Parki` Railroad Passenger Terminal 2/1,000 st Water Transportation Facilities Study required Utilities Electric Substation No minimum Solar Energy Collection Facility 2/1,000 sf office facilities Utility Lines, Structures, and/or Facilities;General 2/1,000 sf office facilities Oaf uses Adult Entertainment Establishment 4/1,000 sf Bar/Nightclub 6/1,000 sf seating area Electronic Gaming Operation The greater of. 10/1,000 sf or 1 per 2 terminals/computers Indoor Recreation Establishment Theaters or Indoor Stadiums: 1 per 5 seats All other uses: 4/1,000 sf Outdoor Recreation Establishment Stadium or Arena: 1 per 5 seats All other uses: 4/1,000 sf activity area Animal Services Equestrian Facility No minimum Kennel 4/1,000 sf Veterinary Service 3/1,000 sf Commercial Services Bank and/or Financial Institution 3/1,000 sf Business Service Center 3/1,000 sf Commercial Parking Lot or Facility No minimum Funeral Services 1 per 5 seats in assembly areas,plus 1 space per funeral vehicle Mini-Warehouse/Self-Storage 0.5/1,000 sf rentable storage area Off-Premises Advertising No minimum Repair Shop 3/1,000 sf Page 521 2020-11 Board of Commissioners Draft-Parking and Loading Table 5.1.4 : Minimum Off-Street Parking Standards sf - ,,,,,:q`f fOc4 of gross floor area, except where otii rwr 411 dwelling lint; Use Required Off-Street Parking Food and Drink Restaurant 6/1,000 sf seatir,y area Lodging Bed and Breakfast Inn 1 per bedroom and 2/1,000 sf common indoor space Campground/Recreational Vehicle(RV)Park 1 per campsite Hotel or Motel 1 per bedroom and 2/1,000 sf common indoor space Office Contractor Office 3/1,000 sf Labor Organization 2.5/1,000 sf Offices for Private Business and Professional Activities 2.5/1,000 sf Personal Services Dry Cleaning/Laundry Plant 2.5/1,000 sf Personal Services, General 2.5/1,000 sf Retail Sales Convenience Store 2.5/1,000 sf Food Market 2.5/1,000 sf Grocery Store 2.5/1,000 sf Pharmacy 2.5/1,000 sf Retail Nursery 2.5/1,000 sf Retail Sales. Building and Construction Supplies 2/1,000 sf Retail Sales, General 2.5/1,000 sf Vehicle&Equipment Sales&Service Boat Dealer 3/1,000 sf indoor sales/leasing/office area Car Wash 3 spaces for every one car the car wash can accommodate at one time Equipment Rental and Leasing 2/1,000 sf Farm Implement Sales 2/1,000 sf Fuel Sales 1 5/1,000 sf Mobile Home and Prefab Building Sales 2/1,000 sf Vehicle Rentals 3/1,000 sf Vehicle Sales 3/1,000 sf indoor sales/leasing/ofce area, plus 1 per repair bay Vehicle Service Station, Large Vehicles 2.5/1,000 sf indoor office/waiting area, plus 1 per repair bay Page 621 2020-11 Board of Commissioners Draft-Parking and Loading Table 5.1.42.A: Minimum Off-Street Parking Standards st= square feet of gross floor area, except where otherwise du =dwelling unit, / per j f Use Required Off-Street Parking Vehicle Service Station, Minor 3/1,000 sf indoor office/waiting area,plus 1 pet repair bay Vehicle Service Station,Major 3/1,000 sf indoor offcehvaiting area,plus 1 per repair bay Vehicle Towing Service and Towing Yard 2/1,000 sf I I as ', Uses a ra Q9Y Services Broadcasting and Production Studio 2.5/1,000 sf Research and Development Facility 2.5/1,000 sf 40400.4440)9 . Artisan Manufacturing 2.5/1,000 sf 311 Food Manufacturing 1.5/1,000 sf 312 Beverage& Tobacco Product Manufacturing 1.5/1,000 sf 313 Textile Mills 1.5/1,000 sf 314 Textile Product Mills 1.5/1,000 sf 315 Apparel Manufacturing 1.5/1,000 sf 316 Leather and Allied Product Manufacturing 1.5/1,000 sf 321 Wood Product Manufacturing 1.5/1,000 sf 322 Paper Manufacturing 1.5/1,000 sf 323 Printing&Related Support Activities 1.5/1,000 sf 325 Chemical Manufacturing 1.5/1,000 sf 326 Plastics&Rubber Products Manufacturing 1.5/1,000 sf 327 Nonmetallic Mineral Product Manufacturing 1.5/1,000 sf 331 Primary Metal Manufacturing 1.5/1,000 sf 332 Fabricated Metal Product Manufacturing 1.5/1,000 sf 333 Machinery Manufacturing 1.5/1,000 sf 334 Computer and Electronic Product Manufacturing 1.5/1,000 sf 335 Electrical Equipment, Appliance, and Component 1.5/1,000 sf Manufacturing 336 Transportation Equipment Manufacturing 1.5/1,000 sf 337 Furniture and Related Product Manufacturing 1.5/1,000 sf Intensive Industry Intensive Manufacturing&Processing 1.5/1,000 sf Other Intensive Industrial Uses No minimum Page 7121 2020-11 Board of Commissioners Draft-Parking and Loading Table 5.1.4. : -taunur Off-Street Parking Standards sf= square feet of gross floor are ,cept where roherwisr specr*l rl �?rr rfws lh-'s+ unit./_ pc Use Required Off-Street Parking Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone 1 per 4 dry dock Motor Freight Transportation Warehousing 2/1,000 sf Recreational Vehicle and Boat Trailer Storage Lot No minimum Warehousing 1.5/1,000 sf Wholesaling 1.5/1,000 sf Wholesaling Seafood with Water Frontage 1.5/1,000 sf Waste&Salvage Commercial Recycling Facility, Large Collection 1.5/1,000 sf Commercial Recycling Facility, Processing 1 5/1,000 sf Commercial Recycling Facility, Processing and 1.5/1,000 sf Collection Commercial Recycling Facility, Small Collection 1 space Landfill, Demolition 1.5/1,000 sf office space Landfill, Landscape 1.5/1,000 sf office space Junk Yards, Scrap Processing 1.5/1,000 sf Septage, Sludge Disposal 1.5/1,000 sf office space Table 5:-14: Off Street P•,rkinry Use Required Off_Street Parking car-Wash the-Gar-wash Child Care Center Religion .. • _ - .- . . !' - t 8121 2020-11 Board of Commissioners Draft-Parking and Loading Table 5.1.4: Off-Street Parking Standards Use Required Off_Street Parking Meclical-Dental-Offwes-anci-Glinies .. . . -- - -- uses e r Fraternity/Sorority Residence 1 space for each r sident occupant Funeral-Services fun`._". _ _ _ — -- - - - , - - -• - - - e le Course ' , e/rests nt etc•) , mimes Home Occupations (except—medical a•letel/Motel , Industrial or Manufacturing -. - _ - - _ - • _ - , • • _ - - _ - . _ - -- - Kindergarten r Nu �(�.�_� l��c�c��.�. °.rand-Pickup .. n the largest shift �� - Restaurant er Place Dispensing Geed Drink er Refreshments and 1 r a for e.er,.2 e ployees - -- -- - - Scheel additional-spaces Schools Se r• 1.Hig _ Page 921 2020-11 Board of Commissioners Draft-Parking and Loading B. Unlisted Uses • An applicant proposing to develop a principal use that is unlisted in Table 5.1.5.A: Minimum Off-Street Parking, shall propose the amount of required parking by one of the three methods outlined in this subsection. On receiving the application proposing to develop a principal use not expressly listed in Table 5.1.5.A, the Planning Director shall: 1. Apply the minimum off-street parking space requirement specified in Table 5.1.5.A for the listed use that is deemed most similar to the proposed use; 2. Establish the minimum off-street parking space requirement by reference to standard parking resources published by the Institute for Transportation Engineers (ITE), Urban Land Institute (ULI), National Parking Association, or the American Planning Association;or 3. Require the applicant to conduct a parking demand study to demonstrate the appropriate minimum off-street parking space requirement. The study shall estimate parking demand based on the recommendations of the ITE, ULI, or another acceptable source of parking demand data. This demand study shall include relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location. C. Mixed Use Development 1. An applicant for a development containing more than one use may calculate reduced minimum parking requirements based on the potential to share parking between uses. The provisions of this subsection C shall not limit the opportunity for an applicant to reduce the minimum number of off- street parking spaces through approval of an alternative parking plan in accordance with Section 5.1.3, Alternative Parking Plans or other provisions of this Ordinance. 2. The following methodology shall be used to calculate the required parking: a. The applicant shall determine the minimum parking required for each component use in the development in accordance with Table 5.1.2.A: Minimum Off-Street Parking. b. The applicant shall apply the time-of-day demand factors for each component use in accordance with Table 5.1.2.C: Shared Parking Time-of-Day Parking Ratios. c The applicant shall calculate the sum of each column in the resulting table (rounding up all fractions). These sums represent the total estimated shared demand for each time period throughout a typical day. d. The highest of the sums of the columns shall be used as the minimum amount of parking required for the development. Page 1021 2020-11 Board of Commissioners Draft-Parking and Loading 1 L k 5.1.2 t', . .hated Parking time-ct••t ;+y Parkirg Ratios Weekday Weekend Use Classification, Category or Type 2 am to 7 am to 6 pm to 2 am to 7 am to 6 pm to 7am 6pm 2 am 7am 6 pm 2 am Residential 100% 60% 100% 100% 80% 100% Child care center 0% 100% 40% 0% 80% 20% II Office 20% 100% 20% 5% 10% 0% Hotel or motel 100% 60% 100% 100% 60% 100% Personal services 20% 100% 40% 0% 60% 0% Entertainment venues(e.g. theaters) 0% 40% 100% 0% 60% 100% Retail sales 0% 100% 80% 0% 100% 60% All other uses 100% 100% 100% 100% 100% 100% 5.1.63 Alternative Parking Plans The Planning Director may approve an alternate parking plan that proposes alternatives to providing the number of off-street parking spaces required on a site by Section 5.1.2, Minimum Off-Street Parking Standards, in accordance with the following methods and standards. A. Parking Demand Study An applicant may demonstrate that the appropriate minimum off-street parking space requirement for their project is different from the standards outlined in Section 5.1.2, Minimum Off-Street Parking Standards by conducting a parking demand study prepared by a professional engineer. Such a study must illustrate that the minimum parking requirements outlined in Table 5.1.2.A do not accurately apply to a specific development proposal and meet the following requirements: 1. The data submitted must include, at minimum, the size and type of the proposed development, the mix of uses, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads of all uses; and 2. The data must be obtained either from relevant studies published in referenced journals or other secondary source of comparable authority; or from primary studies of no fewer than 3 comparable developments within the regional or comparable market. B. Shared Off-Site Parking 2"; - - - - - -.•2•;: - -- - -- Page 11 121 i 2020-11 Board of Commissioners Draft-Parking and Loading 1. Location a. The lot in which the parking spaces are located shall be within 660 feet of the primary pedestrian entrances to the uses shared by the parking, measured by the actual distance via a pedestrian walkway from the shared parking area to the primary pedestrian entrances, not a straight-line, point-to-point distance. b. Shared parking spaces shall not be separated from the use they serve by an arterial street unless pedestrian access across the arterial street is provided by appropriate traffic controls (e.g. signalized crosswalk) or a separated pedestrian walkway(such as a bridge or tunnel). 2. Pedestrian Access Adequate and safe pedestrian access shall be provided between the shared parking areas and the primary entrances to the uses served by the parking, by a walkway protected by a landscape buffer or by a curb separation and elevation from the street grade. 3. Signage Signage complying with the standards of Section 5.6, Signs, shall be provided to the public to the shared parking spaces. 4. Justification The alternative parking plan shall include justification of the feasibility of shared parking among the proposed uses. Such justification shall address, at a minimum, the size and type of the uses proposed to share off-street parking spaces, the composition of their tenants, the types and hours of their operations, the anticipated peak parking and traffic demands they generate, and the anticipated rate of turnover in parking space use. The methodology for mixed-use shared parking in Section 5.1.2.C, Mixed-Use Development, may be used to calculate the proposed reduction in required off-street parking. 5. Shared Parking Agreement a. An approved shared parking arrangement shall be enforced through written agreement among all the owners or long-term lessees of lands containing the uses proposed to share off-street parking spaces. b. The agreement shall provide all parties the right to joint use of the shared parking area and shall ensure that as long as the off-site parking is needed to comply with this Ordinance, land containing either the off-site parking area or the served use will not be transferred except in conjunction with the transfer of land containing the other. \. c. The agreement shall state that no party can cancel the agreement without first sending notice via certified mail to the Planning Director, at least 30 days prior to the termination of the agreement. d. The agreement shall be submitted to the Planning Director for review and approval before execution. Page 1221 2020-11 Board of Commissioners Draft-Parking and Loading e. An attested copy of an approved an executed agreement shall be recorded with the Register of Deeds before issuance of a building permit for any use to be served by the shared parking area. f. The agreement shall be considered a restriction running with the land and shall bind the heirs, successors, and assigns of the landowner. g. A violation of the agreement shall constitute a violation of this Ordinance, which may be enforced in accordance with Article 12: Violations and Enforcement. h. No use served by the shared parking arrangement may be continued if the shared parking becomes available to the use permanently or for longer than 30 days, unless substitute off-street parking spaces are provided in accordance with this section. C. Remote Parking If the off-street parking cpacc required by this section cannot be reasonably provided on the same lot on which the principal use is located, the parking the parking may be provided off-site, provided an alternative parking plan that complies with the standards of subsection B.1 through B.5 above are met for the off-site parking. D. Deferred Parking An alternative parking plan may propose to defer construction of up to 25 percent of the number of off-street parking spaces required by Table 5.1.2.A: Minimum Off-Street Parking, in accordance with the following standards: 1. Justification The alternative parking plan shall include a study demonstrating that because of the location, nature, or mix of uses, there is a reasonable probability the number of parking spaces actually needed to serve the development is less than the minimum required by Table 5.1.2.A: Minimum Off-Street Parking. 2. Reserve Parking Plan The alternative parking plan shall include a reserve parking plan identifying the amount of off-street parking being deferred and the location of the area to be reserved for future parking, if future parking is needed. 3. Parking Demand Study a. The alternative parking plan shall provide assurance that within 24 months after the initial certificate of occupancy is issued for the proposed development, an off-street parking demand study evaluating the adequacy of the existing parking spaces in meeting the off-street parking demand generated by the development will be submitted to the Planning Director. However, if the Planning Director determines that additional time beyond 24 months is needed to determine whether the supply of parking is adequate to meet demand, the Planning Director has discretion to delay the preparation of the parking study for up to 24 additional months. Page 13 21 2020-11 Board of Commissioners Draft-Parking and Loading b. If the Planning Director determines that the study demonstrates the existing parking is adequate, then construction of the remaining number of parking spaces shall not be required. If the Planning Director determines the study indicates additional parking is needed, such parking shall be provided consistent with the reserve parking plan and the standards of this section. 4. Use of Reserve Areas Areas reserved for future parking shall be brought to the finished grade and landscaped with an appropriate ground cover. These areas shall not be used for buildings, storage, loading, or other purposes except for temporary overflow parking, provided such use is sufficiently infrequent to ensure maintenance of its ground cover in a healthy condition. E. Valet and Tandem Parking An alternative parking plan may propose to use valet and tandem parking to meet a portion of the minimum number of off-street parking spaces required for commercial uses in accordance with the following standards: 1. Number of Valet or Tandem Spaces A maximum of 35 percent of the total number of parking spaces provided may be designated for valet or tandem spaces except for restaurants, where up to 50 percent of spaces may be designated for valet parking, and hotels, where up to 60 percent of parking spaces maybe designated for valet parking. 2. Drop-Off and Pick-Up Areas The development shall provide a designated drop-off and pick-up area. The drop-off and pick-up area may be located adjacent to the building served, but shall not be located in a fire lane or where its use would impede vehicular and/or pedestrian circulation, cause queuing in a public street, or impede an internal drive aisle serving the development. Drop-off and pick- up areas shall not be allowed to use sidewalks for any stationing of vehicles. 3. Valet or Tandem Parking Agreement a Valet or tandem parking may be established and managed only in accordance with a valet or tandem parking agreement. The agreement shall be for a minimum of 10 years, and include provisions ensuring that a valet parking attendant will be on duty during hours of operation of the uses served by the valet parking. b. The agreement shall be submitted to the Planning Director for review and approval before execution. c An attested copy of an approved and executed agreement shall be recorded with the Register of Deeds before issuance of a building permit for any use to be served by the valet or tandem parking. d The agreement shall be considered a restriction running with the land and shall bind the heirs, successors, and assigns of the landowner. Page 1421 2020-11 Board of Commissioners Draft-Parking and Loading e. A violation of the agreement shall constitute a violation of this Ordinance, which may be enforced in accordance with Article 12: Violation and Enforcement. f. No use served by valet or tandem parking may be continued if the valet or tandem service becomes unavailable permanently or for more than 30 days, unless substitute off-street parking spaces are provided in accordance with this section. F. Water Vehicle Parking Water vehicle parking may be used to meet up to ten percent of the required off- street parking requirements for commercial establishments located on or along navigable waters. If water vehicle spaces are provided, a minimum of two boat slips shall be required. Water vehicle parking is exempt from the requirements in Sections 5.1.4.A and 5.1.4.8 below. 5.1.54 Off-Street Parking Design Standards • e-- - _- •- - - - _ - - - •- - - • - _ , - _--_ _ , - iae y. Page 1521 2020-11 Board of Commissioners Draft-Parking and Loading C. Water Vehicle Parking D. Loading Areas shall have a height clearance of at least 14 feet. A. Surfacing 1. Except as provided in subsections 2 and 3 below, off-street parking and loading areas for all uses other than single-family detached, two-family, and dual unit dwellings shall be surfaced with asphalt, concrete, brick, stone, pavers, or an equivalent hard, dustless, and bonded surface material. Use of surfacing that includes recycled materials (e.g. glass, rubber, used asphalt, brick, block, and concrete) is encouraged. These surfaces shall be maintained in a smooth, well-graded, clean, orderly, and dust-free condition. 2. Intermittent, temporary, or overflow parking spaces, along with parking areas for Agricultural and Recreation, Parks, and Open Space uses are exempt from the surfacing requirements outlined in subsection 1 along as parking areas are brought to the finished grade and landscaped with an appropriate ground cover maintained in a healthy condition or gravel maintained in a dust-free condition. 3. The use of pervious or semi pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off- street parking and loading areas, provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. B. Design Standards 1. Required off-street parking area for three or more automobiles shall have individual spaces makred, and shall be designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, so that any automobile may be parked and unparked without moving another, except as required for valet and tandem parking in accordance with Section 5.1.3.E, Valet and Tandem Parking. 2. All parking, loading, and service areas shall be separated from abutting walkways, sidewalks, streets, and required landscaped areas by curbing or other suitable protective devices to ensure vehicles do not intrude into these areas. 3. Off-street parking areas serving nonresidential uses or mixed-use development shall be set back a minimum of eight feet from any street right-of-way line (public or private), access easement, or passageway. Page 1621 • 2020-11 Board of Commissioners Draft-Parking and Loading 4. Parking lots shall be landscaped in accordance with Section 5.4.5, Parking Lots. 5. Parking lot illumination shall comply with Section 5.5, Exterior Lighting. 6. One-way and two-way accessways into required parking facilities shall be identified by directional arrows. Any two-way accessway located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe running the length of the access. This requirement does not apply to parking lot drive aisles. 7. All automotive vehicle parking spaces and aisles shall comply with the standards in Table 5.1.4.8: Dimensional Standards for Parking Spaces and Aisles. rehh, 1. P: �irK k = f.,na!Standards for Pap°z Spaces a is R1 Parking Angle Stall Depth ?lisle Width 13) Stan Length (degrees) -uall Width(ft) Perpendicular to i wi�r ak h�s} c ,"r,rh(ft) Curb(ft) A fi t F 0 8 20/22 t z 45 19 20/22 13 60 20 20/22 10.5 90 9 18 22/22 9 [1]Refer to Figure 5.1.4.8 below for illustrations showing how dimensions for parking spaces and aisles in various configurations are measured. [2]Dimensional standards may be modified by the Planning Director for ramped, elevated parking structures to ensure adequate room for parking and maneuvering vehicles is provided. [3)One-way aisle width may be reduced to a minimum of 11 ft. for 0 degree angled parking; 12 ft. for 45 degree angled parking;and 15 ft. for 60 degree angled parking if not designed to be used for fire access and approved by New Hanover County Fire Services. Page 1721 2020-11 Board of Commissioners Draft-Parking and Loading Figure 5.1.4.B: Measurement of Parking Space and Aisle Dimensions r- 1 /4/. 8. The dimensions of parking spaces may be reduced in accordance with the following: a. Up to 25 percent of parking spaces may be designated for compact vehicles. Such spaces shall have a minimum width of eight feet and a minimum length of 16 feet, and shall be identified by proper'signage. b. Parking spaces used for tandem parking (See Section 5.1.4.E, Valet or Tandem Parking) may be reduced to a width of eight feet and a length of 18 feet. c. Elevated parking structures (i.e., parking garages) may be permitted in residential districts with a special use permit issued in accordance with Section 10.3.5: Special Use Permit. They are permitted by-right in the B-1, CB, B-2, O&I, and AC districts. C. Water Vehicle Parking 1. Water vehicle parking spaces shall have a minimum width of 10 feet and a minimum length of 16 feet, and shall be identified by proper signage. 2 Space adjacent to a floating dock shall have a minimum length of 16 feet. 5.1.75 Loading Areas ---- - .-- -. .. - - - --- - - ---- - - . ... - A. Minimum Number of Off-Street Loading Berths 1. Any new development involving the routine vehicular delivery or shipping of goods, supplies, or equipment to or from the development shall provide a sufficient number of off-street loading berths to accommodate the delivery Page 1821 2020-11 Board of Commissioners Draft-Parking and Loading and shipping operations of the development's uses in a safe and convenient manner. 2. The minimum number of loading berths for different principal uses are set forth in Table 5.1.5:Minimum Number of Off-Street Loading Berths;for proposed uses not listed in Table 5.1.5, the requirement for a use most similar to the proposed use shall apply. 3. The Planning Director may approve a reduction to the number of loading berths required for the use if the applicant demonstrates that the appropriate minimum loading berth requirement for their project is different from the standards outlined in Table 5.1.5, Minimum Number of Off-Street Loading Berths by submitting relevant data obtained either from relevant studies published in referenced journals or other secondary source of comparable authority;or from primary studies of no fewer than 3 comparable developments within the regional or comparable market. lab, Inman') Number o Mr Street Loading Berths Principal Use Size Minimum Number •t (:Iassification/Categury (dwelling units or fross floor area) Loading Berths fross Non-Industrial Uses Household Living Uses (Multi- Between 100 and 300 dwelling units, and family only) and Group Living Uses Each additional 200 dwelling units or Add 1 major fraction thereof Health Care Uses, Commercial At least 10,000 up to 100,000 sf, and 1 Services Uses, Office Uses, Personal Services Uses, and Visitor Accommodations uses Each additional 100,000 sf or major Add 1 (Hotel or Motel only) fraction thereof At least 2,000 but less than 20,000 sf 1 Commercial Uses not listed At least 20,000 but less than 60,000 sf 2 elsewhere Each additional 60,000 sf or major fraction Add 1 thereof Industrial Uses Up to 25,000 sf 1 At least 25,000 but less than 40,000 sf 2 All Industrial Uses At least 40,000 but less than 100,000 sf 3 • At least 100,000 but less than 160,000 sf 4 • Page 1921 2020-11 Board of Commissioners Draft-Parking and Loading Minimum Number of . , w • e . f r Loading Berths At least 160,000 but less than 240,000 sf At least 240,000 but less than 320,000 sf b At least 320,000 but less than 400,000 sf, and Each additional 90,000 sf or major fraction Add 1 thereof B. Dimensional Standards 1. Each loading berth shall be of sufficient size to accommodate the types of vehicles likely to use the loading area. 2. The minimum loading berth size that presumptively satisfies loading berth needs is at least 12 feet wide and 45 feet long in general industrial, distribution, or warehousing uses, with at least 15 feet vertical clearance. For all other uses, a berth as short as 33 feet may be allowed. 3 The Planning Director may require a larger loading berth or allow a smaller loading berth on determining that the characteristics of the particular development warrant such increase or reduction. C. Location of Loading Areas 1. To the maximum extent practicable, loading areas should be located to the rear of the use they serve. 2. Loading areas should be located adjacent to the building's loading doors, in an area that promotes their practical use. 3. Loading areas should be located and designed so vehicles using them can maneuver safely and conveniently to them from a public street and complete loading entirely within the site, without obstructing or interfering with any parking space, parking lot aisle, or public right-of-way, unless approved as part of a Master Development Plan or conditional rezoning (e g., for a mixed-use development project with internal streets). Page 2021 2020-11 Board of Commissioners Draft-Parking and Loading Section 6.2 Design Standards 6.2.2 Specific Standards A. Minimum Requirements 14. Mailbox Kiosks Cluster-style mailbox kiosks shall be provided as required by the U.S. Postal Service. A paved area with ingress/egress to allow vehicles to pull off, park, and re-enter the roadway safely shall be required for each kiosk area. Kiosks shall be located in areas that will best allow for vehicle parking, which shall be designed so as not to create pedestrian or vehicle safety issues. Page 2121 2020-11 Board of Commissioners Draft-Uses and Standards Section 2.1 Measurements Spacing Between Buildings The minimum distance, measured horizontally, from the closest point on one building to the closest point of an adjacent building. The closest point shall include projections such as bump- outs, bay windows, or similar projections, and eaves or roof overhangs that extend more than two feet from the building. Section 2.3 Definitions Agricultural and Forestry Uses, General Uses characterized by general active and ongoing agricultural activities, including agronomy, animal husbandry, aquaculture, biotechnical agriculture (including education parks for biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, and similar uses. For the purposes of this UDO, this definition shall include any bona fide farm as defined in N.C.G.S. 160D-903. Animal Grooming Service A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or styled for the purposes of enhancing its appearance and/or health. This use typically includes an accessory retail component that is subordinate to the grooming service. This use does not include the breeding, boarding, training, raising, or selling of any animals; for those activities, see "Kennel". Auction House An establishment where the real or personal property or others is sold by a broker or auctioneer to persons who attend scheduled sales or events. Commercial Kitchen, Catering An establishment whose principal business is to prepare food on-site, then to transport and deliver or serve off-site. No business consumption of food or beverages is conducted on the premises. Community Garden An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental sale. Data Center An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. Electric Vehicle Charging Station A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric grid or other off-board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. Page 145 2020-11 Board of Commissioners Draft-Uses and Standards Elementary and Secondary Schools An educational institution that offers a program of high school, technical high school, middle school (or junior high school), and/or elementary school (including kindergarten, pre-k, pre-k-8, or nursery school) instruction meeting State requirements for a school. Such uses include classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. Emergency Services Facility An establishment for the provision of emergency services, such as fire, rescue and emergency medical service, and associated emergency preparedness, emergency management, or disaster management activities. Event Center A commercial establishment, either indoors or outdoors, with the primary purpose of providing space for meetings, gatherings, reunions, weddings, conventions, private parties, and other similar gatherings. Includes convention centers, wedding and event venues, and other uses not included as part of community centers; lodges, fraternal, or social organizations; or religious assemblies. Food Pantry • A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries. Hospice A licensed hospice facility which provides palliative care and supportive medical and other health services to meet the physical, psycho logical, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting Instructional Services and Studios Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing. Microbrewery/Microdistillery An establishment where beer, malt beverages, wine, distilled alcohol) or mead is made on the premises primarily for on-site consumption and/or retail sales, and may be packaged for distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail, food truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes of this definition, the following shall constitute a microbrewery/microdistillery: • In the case of Microbreweries, breweries that produce no more than 15,000 barrels of beer per year AND where the total brewery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. • In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. Page 2 145 2020-11 Board of Commissioners Draft-Uses and Standards For breweries and distilleries that exceed the square footage and production limits, see "Beverage Manufacturing"in the Principal Use Table. Oil and Gas Dealer, Retail An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas, and other fuels Solar Energy Collection Facility, Accessory A facility designed to meet energy demands for the principal use of the property on which the collection facility is located, and consisting of solar panels, modules, and related equipment(e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects energy and converts it into electricity. A solar energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute a "Solar Energy Collection Facility"principal use. Temporary Emergency Services Facility A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical services, and associated emergency preparedness, emergency management, or disaster management activities Temporary Family Healthcare Structure A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, for occupancy by a caregiver providing care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation and complies with applicable provisions of the State Building Code and GS 143-139.1(b) Transportation Vehicle Service and Storage Facility A garage or yard facility where public transportation or freight vehicle fleets are stored, maintained, and dispatched into service. These facilities do not involve the storage of personal vehicles, equipment, or other items used by the general public. Urgent Care Facility A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such establishments generally have a wider range of business hours than medical and/or dental offices and/or clinics, serve primarily drop-in patients, and may include accessory uses such as heliports. Wind Energy Collection Facility, Accessory An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to serve the energy needs of the principal use of the property on which the collection facility is located. A wind generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute an "Electricity Generating Facilities"principal use. Page 3 145 2020-11 Board of Commissioners Draft-Uses and Standards Section 3.1 General 3.1.3 SUPERSEDING DIMENSIONAL STANDARDS D. Performance Residential Development 1. Setbacks and Spacing a. Buildings on the periphery of a Performance Residential Development shall be setback a minimum of 20 feet from the adjoining property line. th Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other - _ - _ ••• e" - -""e _ _ ••e- _ _ e" - -_ _c. No multiple dwelling unit shall be located closer than-20-feet to any part of another E. Additional Dwelling Allowance 5. Setbacks a. Maximum allowable height for structures shall be 40 foot. However, the maximum allowable height for piling supported primary structures located in "Coastal High •=--- - -e----•- - - e- 4 4 :e b. The required minimum setback for developments with an Additional Dwelling Allowance shall not be less than 25 feet. c. When such projects are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. d. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet f r o m each other. - _ .___ _ - _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ --- -- - - = - ' _ - - -- - - - -- - - _ _ • _ - _ - - - - •- - •- - -_ - - _ -••_ un-it be located Glaser than 20 Page 45 2020-11 Board of Commissioners Draft-Uses and Standards Section 3.2 Residential Zoning Districts 3.2.10 RESIDENTIAL 7 (R-7) DISTRICT E. .- _•-- - - - - _ - • • .. _ e• - - - - - -- -- - - - 6 accordance with the same standards as established in Section 6.2: Design Standards appropriate local or state agency: 4. CFPUA water ii. CFPUA sewer iv. - -- - - - --- • ••• _ Section 3.3 Mixed Use Zoning Districts 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT E. Other District Standards 4. Building Separation Standards a. 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Q Q S2 C CO u - I� a Gd o B Q a a- a a a s v VI H-31/11111 r-,, C 73 c o HW-JINN v) 1 'u a MANS N C .- a) S-21 N = Ln'a " , C Co F— a r +' a SL-21 in in a a io it no 73 OZ-28 in in a a v> v) 0- SOZ-E v, 0 a s IN I I f , no to ti v/ N a a a) s o_ a C o, 0 N t, E O O c E Q) ,�.0 (0 V V U V •N O y •� LL LL LL(0 - LL tO VI a) in C U C i , , O m O, C, Q, V C, U O i !,' Q y 0 C C C N C C Oy Q co c I I - J^n.S ...,+ , I- a) cow 01 a) CO a) a) 'O a) CO •O ti u O, m a `' L O, > Ol O, tp > CC •+, 0.' d' C G' r V, 'C Qf C i- C C C C (0 t0 N Co •i0 f •i0 aU) G) tC6 vi -•ri 7 O r 7 •f0 f0 O` a •C C ` O 0 J ',_ d) LL O •+, (n O h H ))- 04 a, V a) vi a) •v+ a) V — f0 a7 oN Y i- -C m " s a) a) v E E E a) E — w w } o a, d a ar .a E 0, E u E u E -o Y a o o 0 4,1 F3 0 t r m re o i`o� o 0 o 2 o f c W3 c a) 2 ce f- vJ vQ uQ vin J J 2, in 2020-11 Board of Commissioners Draft-Uses and Standards Section 4.3 Standards for Specified Principal Uses 4.3.1 Agricultural Uses A. All Agricultural Uses 1. Stable Stables in the AR, R-20S, R-20, and R-15 districts shall comply with the following standards: a. No stable shall be erected closer than 100 feet to any property line. b. A buffer in compliance with Section 5.4 Landscaping and Buffering, shall be required along property lines adjacent to residential uses. 4.3.2. Residential Uses A. Household Living r Dwelling, Two-Family(Duplex) Two-family dwellings in the B-2 district shall comply with the standards for multi-family dwellings. 11. Mobile Home Park c. Buffering B. Group Living 3. Group Home Group homes shall comply with the following standards: a. Group homes shall be limited to six disabled persons living together as a self- supporting and self-sufficient household unit. b. No group home shall be occupied or operated without zoning approval. c. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and d. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. • - -f. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right-of-way of a major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. g. Reasonable accommodations shall be provided in accordance with Section 10.3.13, Reasonable Accommodation. Page 2545 2020-11 Board of Commissioners Draft-Uses and Standards 4. Senior Living: Assisted Living Facility Developments in this category that are not part of a continuing care retirement community shall comply with the following standards: a. The minimum lot size is five acres. b. The minimum parking required is 1.25 spaces per living unit plus one space per c. Maximum height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. d. Except as otherwise required by subsection c above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. e. The site must be served by public water and sewer. f. Maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. g. Open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. by the MPO and NCDOT. Frontage on an arterial or collector roadway is required. i. All other local state or federal permits or authorizations are required. 5. Senior Living: Continuing Care Retirement Community a. Standards in All Zoning Districts Continuing care retirement communities in all zoning districts shall comply with the following standards: 1. The minimum lot size is 20 acres. 2. The minimum parking spaces required arc 1.5 spaces per independent or assisted living unit plus one space per employee on the largcst shift at all facilities 3. Maximum impervious area for the total development may not exceed 40 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. 4. Commercial uses in the nature of small, neighborhood shops, each not exceeding 5,000 square feet of gross floor area may occupy up to 2 percent of the net acreage. 5. Maximum height may not exceed 35 feet for single family structures designated for seniors or for any building within 50 feet of single family residential lots or parcels. 6. Except as noted in subsection 5 above, maximum height may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. Page 2645 2020-11 Board of Commissioners Draft-Uses and Standards 7. Public water and sewer must serve the site. 8. Open space and improved recreational area shall be provided at a rate of 35 percent of net acreage. Improved recreation space shall be appropriate for seniors at all stages of lifestyle transition, such as ADA accessible walkways, gardens, and parks. 9. Vegetative buffers of not less than 20 feet are required for all proposals. 10. Traffic impacts and required road improvements mutt be reviewed and approved by the MPO and NCDOT. Frontage on an arterial or collector street is required unless located in a Planned Development and meeting the requirements outlined below. 11. All other local state or federal permits or authorizations are required. 4.3.3 Civic & Institutional Uses B. Civic 1. Animal Shelter Animal Shelters in R-15, R-20` , and R-20 Districts shall comply with the following standards: a. Minimum lot size shall comply with Table a: Animal Shelter Minimum Lot Size, based on the number of animals kept at the shelter. Table 4.3.3.6.1.a: Animal Shelter Minimum Lot Size Number of Animals Minimum Lot Size 1-10 2 acres 11-20 4 acres 21-30 6 acres For each additional acre beyond six acres, an additional ten animals may be permitted. The minimum lot size requirements may be waived if the shelter is constructed to entirely enclosed all facilities so as to adequately protect all animals from weather extremes and to protect adjacent residences from noise, odors, and other objectionable characteristics, provided all building setback requirements are met. b. All lots on which a shelter is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the NC Department of Transportation. c. All structures shall have side and rear setbacks of 50 feet. d. All county requirements regarding sewage disposal systems and sanitation control methods shall be met. e. No outside sign in excess of 2.25 square feet in area shall be permitted. Page 2745 2020-11 Board of Commissioners Draft-Uses and Standards 2. Food Pantry Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. 3. Lodges, Fraternal, and Social Organizations Lodges, Fraternal, and Social Organizations in all residential districts except 0S shall comply with the following standards: a. All new sites shall be a minimum of two acres in size. b. Structures shall have side and rear setbacks of 50 feet and a front yard of at least 25 feet greater than that required for single family residences within the district located. c. Provisions for food, refreshments, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of County Commissioners determines that said provisions will not constitute a nuisance. 4. Religious Assembly a. Religious Assemblies in the R-7, R-5 and RMF districts shall comply with the following standards: 1. Religious institutions up to 1,000 or fewer seats are allowed as long as: i. Structures are limited to a sanctuary or similar main gathering facility that may also include individual rooms for administration, dining halls, and classrooms. Accessory structures for maintenance and storage purposes are permitted. ii. Signs shall not be internally illuminated. 2. The following uses are prohibited without a special use permit: i. Outdoor recreational facilities, except those associated with child care provided as part of the principal use. Such facilities shall be restricted to "tot lots" or similar play areas. ii. Schools associated with the institution. iii. Indoor recreation facilities such as basketball courts or similar facilities. iv. Religious institutions with more than 1,000 seats, provided that such facilities shall only be allowed if direct access is provided from a se/lestex - - •- - - - - - :. - - ' - - - = .Minor Collector road or greater as identified on the Wilmington MPO Functional Classification Map. 3. Primary vehicular access to the use shall not be provided by way of a local residential street. b. Religious Assemblies in the B-1, CB, and CS districts shall comply with the following standards: Page 2845 2020-11 Board of Commissioners Draft-Uses and Standards 1. Religious institutions are permitted with no seat limitations if located on a lesal _ __ _ •• _ _ - _ _ _ __ _ - :Minor Collector road or greater as identified on the Wilmington MPO Functional Classification Map. 2. Primary vehicular access to the use shall not be provided by way of a local residential street. use, a buffer shall be provided along the side and rear yards. F. Healthcare Facilities Urgent Care Facility Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a Special Use Permit. G. Recreation, Parks, and Open Space 1. Boating Facility, Community Community boating facilities shall comply with the following standards: a. The rights to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. b. The applicant shall demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. c. Off street parking will be provided at a ratio of one space per boat slip. d-c. The number of boat slips may not exceed the number of residential lots or dwelling units within the associated development. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. H. Transportation 1. Marina, Commercial Commercial marinas in Residential Districts and B-1 Districts shall comply with the following standards: a. A minimum of one off street parking space per boat slip and one space per 4 dry storage facilities shall be required. b. A buffer in compliance with Section 5.5, Landscaping and Buffering shall be required along all property lines abutting residential property. e:b Night lighting by design and construction shall be contained on the site. dc. A site plan shall be submitted for review and approval. P a e 29 45 2020-11 Board of Commissioners Draft-Uses and Standards e:d. The applicant shall demonstrate that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. f-e. Any accessory dry stack boat storage facility must be clearly identified on the approved site plan, be described in the findings of fact, and meet all accessory use-specific standards outlined in Section 4.3.5: Standards for Specified Accessory Uses. Additional buffers or screenings will 490 rcquirod to mitigate noise, light, and dust impacts on surrounding properties. 2. Marina, Commercial with Floating Structures Commercial marinas with floating structures in the R 20S, R 20, R 15, B 1, B 2, 11, and 12 districts shall comply with the following standards: a. Floating structures shall not be located within 15 feet of the waterward extension of all property lines. b. Not more than one dwelling unit per floating structure shall be permitted. c. A permanent pier, dock, or walkway with adequate night lighting shall join each floating structure and the adjacent shoreline. d. Each floating structure shall be inspected and approved by the Building Safety Department prior to placement in the marina. This approval shall be dependent upon, but not limited to, approval of the electrical system and the method of exiting. e. Each floating structure shall be provided with permanent water and sewer systems approved by the New Hanover County Health Department. All wastewater piping from the unit shall be constructed to the NC State Plumbing Code. No overboard discharge openings through the hull or structure shall be permitted except for one dewatering pipe which may not be connected to wastewater piping. f. A system for collection and removal of solid wastes and refuse shall be approved by the New Hanover County Health Department. on-chere, hg. A minimum of 2,000 square feet of gross land area contiguous and above mean high water shall be provided for each floating structure on-shore. i:h A site plan shall be submitted for approval showing all improvements as required by this ordinance. j-i. Any floating structure existing prior to the original adoption of these use standards on April 2, 1984 was required to conform within one year of that date. j The applicant shall demonstrate that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 4.3.4 Commercial Uses A. Amusement and Entertainment Uses Page 3045 2020-11 Board of Commissioners Draft-Uses and Standards 2. Electronic Gaming Operation Electronic gaming operations shall comply with the following standards: a. Hours of operation shall be limited to 8:00 am through 12:00 midnight, seven days per week. b. Alcohol sales or consumption shall be prohibited. c. The maximum number of machines/terminals/computers for any electronic gaming operation business is ten. d. All food or beverage to be served or distributed by the establishment must meet the requirements of the New Hanover County Environmental Health Department, including any and all permits and licenses. e. Fire Services shall set an occupancy limit for the establishment prior to submission of an application. f. Maximum daily cash payout shall not exceed $600. Winning which exceed this amount shall be paid out in the form of a check or credit. All establishments engaged in internet and sweepstakes operations must comply with all reporting requirements regulated by the Internal Revenue Service. g. Any building and/or zoning permits issued for electronic gaming and sweepstakes operations shall be subject to annual review (from the date of approval) to ensure compliance with all relevant regulations and conditions. h. Required off street parking shall be one space for each 100 square feet of gross floor area or one space for every two terminals/computers, whichever is greater, and must comply with all other provisions of this ordinance. hh Electronic gaming operations shall be located a minimum distance of 500 feet, measured in a straight line in any direction from closest point of the building and parking lot of the proposed business to the property line of any of the following: i. A residence or a residential zoning district ii. A place of worship or other religious institution iii. A day care center or public or private school iv. A public park, playground, or public library v. Another electronic gaming operation vi. An adult entertainment establishment j,1 Applicants shall submit a current straight line drawing prepared within 30 days prior to the application by a registered surveyor, depicting the property lines and the structures containing any of the above uses and the straight line measurements to each. A use outlined under subsection i-h above, shall be considered to be existing or established if it is in place or actively under construction at the time an application is submitted. Residential zoning districts shall be based upon the most current official zoning map. ic,j All legally operating gaming operations made nonconforming by adoption of this section shall be removed or brought into compliance with these provisions within 60 months of the date of adoption of this section. Page 3145 i era_was...a.:.v..wra,-¢.s.,msmY..v..cw "..a,.urr✓e6ae.+ti-x¢+v<e_ :.cw+=+..w+. e.-;.exr .':: +w5 _n.,<.a...w.sw.aeeeE& !.nra-en'+s ¢`- �'s' '&aAa+"en%+-Q*'s4. .�w.€,e! 2020-11 Board of Commissioners Draft-Uses and Standards 3 Event Center Event Centers in the B-1 and CB Districts shall be limited to indoor operations only, except that outdoor operations may be allowed in these districts if approved by a Special Use Permit, 4. Indoor Recreation Establishment Indoor recreation establishments in residential districts and in the O&I District shall comply with the following standards: a. Buffers adequate to ccrocn adjoining residential uses from the effects of light and noise generated on the site shall be provided. b a. All buildings shall be set back from the right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. e,b. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right-of-way at least 25 feet. c Access to the site shall be - - - - - A - _ _ _-_ _ _ ._ . _ readprovided by a Minor Collector road or greater, as designated on the Wilmington MPO Functional Classification Map. added 5. Outdoor Recreation Establishment Outdoor recreation establishments in residential districts and the O&I District shall comply with the following standards: noise generated on the site shall be provided. la-a. All buildings shall be set back from the right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. e,b. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right-of-way at least 25 feet. d:c. Access to the site shall be to a US or NC numbered road or to a collector road provided by a Minor Collector road or greater, as designated on the Wilmington MPO Functional Classification Map. e e1. As part of a Special Use Permit,-other conditions deemed by the Commiscionerc necessary to promote tho health, safety, -aad welfare of the community may be added- B. Animal Services 1. Animal Grooming Service 4: Animal Grooming Services within the B-1, CB, and O&l Districts shall not include outdoor runs or play areas. Pagr 3245 2020-11 Board of Commissioners Draft-Uses and Standards 2. Equestrian Facility Equestrian facilities in the AR, i -<-CS, R-20, and R-15 districts shall comply with the following standards: a. No stable shall be erected closer than 100 feet to any property line. :. •e ' -- - - • - --- - - - -- - - - - _- •- - -- 3. Kennel Kennels in the R-15, R-20 , and R-20 districts shall comply with the following standards: a. Minimum lot size shall comply with Table a: Minimum Lot Size for Kennel, based on the number of animals kept on site. For each additional acre beyond six acres, an additional ten animals may be permitted. The minimum lot size requirements may be waived if the shelter is constructed to entirely enclosed all facilities so as to adequately protect all animals from weather extremes and,to protect adjacent residences from noise, odors, and other objectionable characteristics, provided all building setback requirements are met. Table 4.3.4.6.3.a: Minimum Lot Size for Kennel Number of Animals Minimum Lot Size 1-10 2 acres 11-20 4 acres 21-30 6 acres b. All lots on which a shelter is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the NC Department of Transportation. c. All structures shall have side and rear setbacks of 50 feet. d. All county requirements regarding sewage disposal systems and sanitation control methods shall be met. e. No outside sign in excess of 2.25 square feet in area shall be permitted. E. Lodging 1. Bed and Breakfast Inn Bed and breakfast inns in the RA, AR, R-20S, R-20, and R-15 districts shall comply with the following standards: a. A minimum of one off street parking space per bedroom and one off street parking space per employee shall be required. 10`8 No lighting beyond normal residential lighting is allowed. e7b The only signage allowed shall be one attached wall sign no greater than four square feet. • Page 33145 2020-11 Board of Commissioners Draft-Uses and Standards H. Retail Sales 1. Convenience Store Convenience stores in the RA, AR, R-15, R-10, and R-7 Districts shall comply with the following standards: a. The total amount of land devoted to such use shall not exceed one acre. b. The gross square footage of the structure shall not exceed 3,000 square feet. c. The use shall be limited to providing convenience food sales and gasoline sales to the surrounding residential area, provided that vehicular service such as, but not limited to, auto repair, sale of auto accessories, washing, etc. shall not be permitted. d. A convenience food store shall not be permitted within the interior of a subdivision. e. Specifications for a proposed principal use sign shall be submitted with the application for the Special Use Permit. g-.-f. Fuel sales may be approved provided such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right-of-way and 40 feet from any side or rear lot line. Overhead canopies shall be measured in accordance with Section 4.3.4.I.2.b. I. Vehicle & Equipment Sales & Service 1. Car Wash Car washes in the CB District shall comply with the following standards: a. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. e,b.The premises shall not be used for the sale of vehicles. 2. Fuel Sales Fuel sales in all districts where allowed shall comply with the following standards: tra. The premises shall not be used for the sale of vehicles. e7b.Fuel pump canopies shall meet the setbacks of the underlying zoning district, as measured from the outer edge of any supportive structure physically connected to a fuel pump and the ground along a straight line to the nearest point of the property line. d c.Setback distances from street rights-of-way may be reduced by one-half. e-d. Fuel sales in the R-15 District shall comply with the following standards: ie. Fuel sales may be allowed in conjunction with a convenience store use Special Use Permit. Page 3445 2020-11 Board of Commissioners Draft-Uses and Standards g:f. Such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right-of-way and 40 feet from any side or rear lot line. 4. Vehicle Service Station, Minor Minor vehicle service stations in the B-1 and CB Districts shall comply with the following standards: a. No automobile towing operations are allowed. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the principal building. d. Service or customer vehicles shall be parked on the premises in a manner that will not create traffic hazards or interfere with the vehicular maneuvering area necessary to enter or exit the site. e. The premises shall not be used for the sale of vehicles. f. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. g. Outdoor work areas shall be fenced, walled, or screened to minimize on-site and off-site noise, glare, odor, or other impacts. close proximity to residential or retail commercial uses. 4.3.5 Industrial Uses B. Industry & Manufacturing 1. Artisan Manufacturing Artisan manufacturing in the B-1 and CB Districts shall comply with the following standards: a. One or more accessory uses, such as tasting room, tap room,a restaurant, retail, demonstration area, education and training facility or other incidental use open and accessible to the public shall be included. oach use. orb Storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind a building, within service alleys, in an enclosed building, or otherwise screened from the public right- . of-way, pedestrian way, and adjacent residential properties. d-c Off-site distribution via tractor trailer is only permitted if the truck traffic is limited to streets classified as arterials on the Wilmington MPO Functional Classification Map. D. Warehousing, Storage, &Wholesale Sales and Distribution 1. Recreational Vehicle and Boat Trailer Storage Lot Page 35 45 I�� 2020-11 Board of Commissioners Draft-Uses and Standards Recreational vehicle and boat trailer storage lots shall comply with the following standards: a. The use shall be solely open-air and ground level. No enclosing or overhead covering structures shall be installed. b. Access shall be from a public or private street right-or-way. c. A minimum buffer of 20 feet shall be provided in accordance with the provisions of Section 5.5: Landscaping and Buffering. e:-d. Repair, maintenance, or habitation of any recreational vehicle or boat stored in the facility is prohibited. 2. Warehousing Storage of live animals, explosives, and flammable gases or liquids is prohibited in warehousing in the B-2 and CS Districts. 3. Wholesaling Wholesaling shall comply with the following standards: a. Wholesaling of live animals, explosives, and flammable gases or liquids is prohibited in the B-2 and CS Districts. b. No outside storage is allowed in the PD, B-2, and AC Districts. E. Waste & Salvage 1. Commercial Recycling Facility, Large Collection Large collection commercial recycling facilities shall comply with the following standards: a. The facility may be larger than 500 square feet and on a separate property or tract of land. b. Facilities permitted by special use permit shall be limited to receiving only paper, glass, metal, and plastic recyclable products. c. The site must be monitored daily to maintain sanitary conditions. d. The facility and its appurtenant uses shall not be located closer than 100 feet to any residentially-zoned property. f e. Loading and outside storage shall comply with the following standards: i. All loading and outside storage shall be to the side and/or rear of the building. ii. Storage or loading conducted on the side of the building shall be screened from view from the adjacent right-of-way. iii. All exterior storage shall be in containers or under shelters that are covered and secured. iv. No outside storage shall be visible from residentially-zoned property. Page 36 I 45 2020-11 Board of Commissioners Draft-Uses and Standards g-f. The facility may not operate between the hours of 7:00 PM and 7:00 AM when adjacent to residentially-zoned property. 2. Commercial Recycling Facility, Processing Processing commercial recycling facilities shall comply with the following standards: a. The facility and its appurtenant uses shall not be located closer than 150 feet to any residentially-zoned properties. b. The facility shall meet the applicable setback requirements of Suction 3.1.3.C, Landscaping and Buffering. e:b. Power-driven equipment is permitted. ci c Loading and outside storage shall comply with the following standards: i. All loading and exterior storage shall be to the side or rear of the building. ii. Storage or loading conducted to the side of the building shall be screened from view from the adjacent right-of-way. iii. All exterior storage shall be in containers or under shelters that are covered and secured. iv. No outside storage shall be visible from residentially-zoned properties. e-d. The facility shall not emit dust, smoke fumes, or vibrations detectable on adjacent properties. Commercial Recycling Facility, Processing and Collection Commercial Recycling Facilities, Processing and Collection shall meet the standards of Commercial Recycling Facility, Processing and either Commercial Recycling Facility, Large Collection or Commercial Recycling Facility, Small Collection, whichever collection use is applicable. In the event where there is a conflict in standards between the Processing use and applicable Collection use, the most stringent standards shall apply. 4. Commercial Recycling Facility, Small Collection Small collection commercial recycling facilities shall comply with the following standards: a. The facility may not exceed 500 square feet in size. b. Facilities shall be limited to receiving only paper, glass, metal, and plastic recyclable products. c. The facility must be located on a host tract, provided is does not occupy parking spaces needed by the primary use to comply with the requirements of Section 5.1, Parking and Loading. Page 3745 •, � - Wig, •.-, 2020-11 Board of Commissioners Draft-Uses and Standards d. The facility must be set back at least 10 feet from any street right-of-way and guffeciRg. e. The facility shall be located at least 100 feet from any residentially zoned property line. f. The facility shall be buffered from adjacent residential lots or districts in g. No power-driven equipment is allowed except collection trucks. h. Containers shall be constructed of durable, waterproof, and rustproof materials. i. No material storage outside the container is allowed. j. No signage other than an identification logo not exceeding ten square feet attached to the storage container is allowed. k. At least one parking space shall be designated for attendants. I. The name, address, and p-hone number of the organization and/or persons responsible for pick-ups and maintenance of the facility shall be displayed on the container. m. The site must be monitored daily to maintain sanitary conditions. n. The facility shall not reduce the landscaping required for any concurrent use. o. A site plan illustrating the above shall be submitted before an occupancy permit 5. Landfill, Demolition Demolition landfills shall comply with the following standards: a. A site plan for the proposed demolition landfill meeting the requirements outlined in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health and Planning and Land Use departments for review and approval in accordance with NC Solid Waste Management Rules. b. No demolition landfill shall be located within 500 feet of any residence, church, school, and/or place of assembly nor within 100 feet from any stream, creek, canal, marsh, estuarine waters, lake, river, and/or impoundment. c. The filling of lower lying areas with demolition materials may be subject to Army Corps of Engineers 404 permits and the Division of Coastal Management's major CAMA permit. d. All demolition landfills shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. e. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation in accordance with Section 5.4 Landscaping and Buffering, or earthen berms with screening plants of sufficient height to screen the landfill area from view. f. Protected trees are not required to be retained within the disposal area. g. The developer/owner shall be responsible for obtaining a Sedimentation and Erosion Permit. Page 3845 YEW 2020-11 Board of Commissioners Draft-Uses and Standards h. Demolition landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1 vertical ratio. i. One temporary sign not exceeded 32 square feet in area shall be erected on the site during the period that landfilling activity is permitted. The sign is to include the owner/operator's name and telephone number and the hours of operation. Upon cessation of the landfill, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed six months after closure. j. After obtaining all necessary permits, the owner/developer shall have prepared a legal description that would be sufficient as an instrument of conveyance of the property. This description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly recorded, a certified copy shall be filed with the Planning & Land Use Department. k. The developer/owner of the disposal site shall provide free and unobstructed access during normal operation hours to county officials charged with the administration of this ordinance. J. In addition to the enforcement remedies of this ordinance, the oporator shall also be subject to the penalties prescribed in Section .0700 of 10 NCAC 10 G. m71. All existing landfills that do not have a valid permit shall comply with these regulations immediately. 6. Landfill, Landscape Landscape landfills shall comply with the following standards: a. A site plan for the proposed landscape landfill meeting the requirements outlined in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health and Planning and Land Use departments for review and approval in accordance with NC Solid Waste Management Rules. b. No landscape landfill shall be located within 500 feet of any residence, church, school, and/or place of assembly nor within 100 feet from any stream, creek, canal, marsh, estuarine waters, lake, river, and/or impoundment. c. The filling of lower lying areas with landscape materials may be subject to Army Corps of Engineers 404 permits and the Division of Coastal Management's major CAMA permit. d. The developer/owner of the disposal site shall provide free and unobstructed access during normal operation hours to county officials charged with the administration of this ordinance. be subject to the penalties prescribed in Section .0700 of 10 NCAC 10 G. f e. All existing landfills that do not have a valid permit shall comply with these regulations gf. The disposal of naturally occurring materials such as stumps, limbs, leaves, and dirt, that are generated on-site during the construction of residential projects are Page 39145 2020-11 Board of Commissioners Draft-Uses and Standards permitted with no further standards provided the material does not exceed a 0.5- acre footprint. #}g. All other landscape landfills must comply with the following standards: i. The landfill shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. ii. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation in accordance with Section 5.4 Landscaping and Buffering, or earthen berms with screening plants of sufficient height to screen the landfill area from view. The developer/owner shall be responsible for obtaining a Sedimentation and Erosion Permit. v iv. Landscape landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1 vertical ratio. viTv. One temporary sign not exceeded 32 square feet in area shall be erected on the site during the period that landfilling activity is permitted. The sign is to include the owner/operator's name and telephone number and the hours of operation. Upon cessation of the landfill, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed 6 months after closure. After obtaining all necessary permits, the owner/developer shall have prepared a legal description that would be sufficient as an instrument of conveyance of the property. This description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly recorded, a certified copy shall be filed with the Planning & Land Use Department. Page 4045 2020-11 Board of Commissioners Draft-Uses and Standards Section 4.4 Accessory Use and Structure Standards Table 4.4.3: Accessory Use Table Key: P = Permitted by Right S = Special Use Permit Required blank cell = not allowed Accessory Uses Zoning Districts r d 0 ® i O LL LL u_ X Q N N r r V1 2 2 2 2 ® 2 r m N U N U .® N C Q c eL de de eL fZ' �' c' 0. m U (11 0 Vf U < Accessory Dwelling Unit P P P P P P Accessory Structure P P P P PP P P P P P P P P P P P P P P P P P Accessory Use, P P P P PP P P P P P P P P P P P P P P P P I Customary Dry Stack Boat Storage Facility, at a Marina S S S S P P P P P P Electronic Gaming Operation P P P P Electric Vehicle Charging p p p p p p p p p p p p p F P P P P P P P P P Station Farm Stand P P P P P P P P P Home Occupation P P P P P P P PP P P PP P P P F PP P P P P Residential Private Pier P PP P P P P P P P P P P Solar Energy Collection p p p p p P p p p p p p p P F p p p p p p p p' Facility,Accessory • Stormwater Facilities on P P P P PP P P P P P P P P P P P P I D P P P P Contiguous Properties Wind Energy Collection p p p p p p p p p p p p p p p p p p p p p p p Facility,Accessory 4.4.4 Standards for Specified Accessory Uses and Structures E. Electronic Gaming Operation Electronic gaming operations shall comply with the following standards: a. The principal commercial operation must be permitted as a use by right. b. The operation shall be located within the same structure or unit as the principal use. c. The maximum number of machines/terminals/computers allowed per business units is two devices. d. For situations in which there are multi-unit or multi-tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 4.3, Standards for Specified Principal Uses, is required. In no case can the cumulative total number of machines for a business center, multi-unit or multi-tenant building exceed ten. Page 4145 2020-11 Board of Commissioners Draft-Uses and Standards e. Off-street parking shall include one additional space per machine over and above the normal parking standards for the uses usesprincipal use in accordance with Section 5.1 Parking and Loading, and all parking must comply with all other provisions of Section 5.1 Parking and Loading. H. Solar Energy Collection Facility, Accessory Accessory Solar Energy Collection Facilities shall comply with the following standards: a. Roof-mounted solar`energy collection facilities shall not extend beyond the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. b. Ground-mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. J. Wind Energy Collection Facility, Accessory Accessory Wind Energy Collection Facilities shall comply with the following standards: a. No equipment shall exceed the maximum height permitted in the zoning district. b. All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for the principal structure, and no ground-mounted wind energy collection facility shall be allowed within any portion of a front yard. c. In the case of ground-mounted wind energy collection facilities, such facilities shall be set back from all adjoining property lines a distance equal to the height of the facility. d. An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. e. The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. Page 4245 mat. 111■IIII■N 2020-11 Board of Commissioners Draft-Uses and Standards Page 4345 2020-11 Board of Commissioners Draft-Uses and Standards Section 4.5 Temporary Use Standards Table 4.5.3: Temporary Use Table Key: P = Permitted by Right blank cell = not allowed Zoning Districts Temporary Uses = 2 2 x N 0 0 La 0 LL LL LL LL X N N P g Q ; OC OD V 00 ® !V V Q ' N Circuses,Carnivals,and Fairs P P P P P P P Construction Office P P P P P P P P P P P P P P P P P P P P P P p Debris Site P P P P P P P P P P P P P p P P P P P P P P p Farmers'Market P P p P P P P PP p PP P P Seasonal Sales P P P P P P P P P P p Special Fundraising for P P P P P P P P P P P P P P P P P P P P P P Non-profit Organizations Temporary Emergency p p p P P P p p P P P P P P p p p p p p p p p Services Facility Temporary Family PP P PP P P P PP P P P P P P P P P P P p P Healthcare Structure Temporary Real Estate P P P P P P P P P p P P P P P P P P P P P P P Office/Model Temporary Relocation P P P P P P P P P p p p P P P P P P P P P P P Housing Travel Trailers See Section 4.3.4.5 for Campground/Recreational Vehicle(RV) Park standards 4.5.4 Standards for Specified Temporary Uses . Debris Site Debris Sites shall comply with the following standards: a. No debris may be located so as to encroach into, or wholly or partially obstruct, any street, right-of-way, driveway, building, sidewalk, multi-use path, fire lane, fire hydrant, or other public infrastructure or utility easement, e b.Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless granted an extension by the Planning Director. Page 4445 2020-11 Board of Commissioners Draft-Uses and Standards Section 5.1 Parking and Loading To be included in Table 5.1.2.A: Minimum Off-Street Parking New or Clarified Use Parking Requirement Animal Grooming Service 4/1,000 sf Auction House 2.5/1,000 sf Commercial Kitchen,Catering 1.5/1,000 sf Community Garden No minimum Data Center 1.5/1,000 sf Emergency Services Facility 2.5/1,000 sf Event Center 5/1,000 sf Food Pantry 2.5/1,000 sf Hospice 1 space/4 beds Instructional Services and Studios 2.5/1,000 sf Microbrewery/Microdistillery 8/1,000 sf seating area Oil or Gas Dealer, Retail 2.5/1,000 sf Transportation Vehicle Service 2.5/1,000 sf indoor office space and Storage Facility plus 1 per repair bay Urgent Care Facility 3.5/1,000 sf Page 45 45 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control Section 3.3 Mixed Use Zoning Districts 3.3.7 PLANNED DEVELOPMENT(PD) DISTRICT Table 3.3.7.E.2: PD District Development Standards Subject to Modification Standard Means to Modify Article 5: General Development Standards Section 5.1 Parking and Loading MPD Master Plan Section 5.2 Traffic,Access,and Connectivity MPD Master Plan Section 5.3 Tree Retention No modification Section 5.4 Landscaping and Buffering _ No modification Section 5.5 Exterior Lighting MPD Master Plan Section 5.6 Signs MPD Master Plan Section 5.7 Conservation Resources No modification Section 5.8 Open Space Requirements MPD Master Plan Section 5.9 Fire Hydrants No modification Section 5.10 Airport Height Restriction No modification Article 6: Subdivision Design and Improvements Section 6.1 General Purpose No modification Section 6.2 Design Standards MPD Master Plan Section 6.3 Improvements MPD Master Plan Article 7: Stormwater Management (reserved) Article 8: Erosion and Sedimentation Control No modification(reserved) Article 9: Flood Damage Prevention No modification Article 8: Erosion and Sedimentation Control Section 8.1. Title This Article may be cited as the "New Hanover County Soil Erosion and Sedimentation Control Ordinance." Section 8.2. Purposes This Article is adopted for the purpose of: A. Regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and B. Establishing procedures through which these purposes can be fulfilled. Page 1126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control Section 8.3. Definitions ACCELERATED EROSION Any increase over the rate of natural erosion as a result of land-disturbing activity. ACT The Sedimentation Pollution Control Act of 1973 in G.S. 113A-50, et seq and all rules and orders adopted pursuant to it. ADEQUATE EROSION CONTROL MEASURESSTR4G-TURErAR DEVICES, OR STRUCTURES Erosion control devices or structures which that controls the soil material within the land area under responsible control of the person conducting the land- disturbing activity. AFFILIATE A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. Approving Authority The Division or other State or a Local Government agency that has been delegated erosion and sedimentation Plan review responsibilities in accordance with the provisions of the Act. BEING CONDUCTED A land-disturbing activity has been initiated and -: - = - - =• - - _ _ = - - _ - - completed riot deemed complete by the approving authority. BORROW Fill material which the,/ is required for on-site construction and is obtained from other locations. BUFFER ZONE The strip of land adjacent to a lake or natural watercourse. COASTAL COUNTIES The following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington. COMMISSION The North Carolina Sedimentation Control Commission Common Plan of Development A contiguous area where multiple separate and distinct land-disturbing activities may be taking place at different times and on different schedules under one common plan. The "Common Plan" of development or sale indicates construction activities are planned to occur on a specific plot regardless of ownership of the parcels. COMPLETION OF CONSTRUCTION OR DEVELOPMENT No further land-disturbing activity is required on a phase of a project except that which determined by the approving authority, is necessary for establishing a permanent ground cover. DEPARTMENT The North Carolina Department of Environmental Quality and National Resources. DIRECTOR The Director of the Division of Energy, Mineral, and Land Resources of the N.C. Department of Environmental Quality and Natural Resources. DISCHARGE POINT Page 2 1 26 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control That point at which stormwater runoff leaves a tract of land where a land-disturbing activity has occurred or enters a lake or natural watercourse. DISTRICT The New Hanover County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. Division or DEMLR The Division of Energy, Mineral, and Land Resources of the Department of Environmental Quality. ENERGY DISSIPATER A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. EROSION The wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof. GROUND COVER Any natural vegetative growth or other material which = renders the soil surface stable against accelerated erosion. HIGH QUALITY WATER Those classified as such described in 15A NCAC 28.0101 028.0224(e)(45}—General Procedures, which is incorporated herein by reference to include fief subsequent amendments and editions pursuant to G.S. 150B 11(c). HIGH QUALITY WATER(HQW)ZONES Areas in the Coastal Counties that are within 575 feet of High Quality Waters and for the remainder of the State, areas that are within one mile of and draining to HQW's. LAKE OR NATURAL WATERCOURSE Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond. , _ _ _ __. _-. .- _ -e•-•-• - - e= _ -_ _ - _ LAND-DISTURBING ACTIVITY Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway or road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. LOCAL GOVERNMENT Any County, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. NATURAL EROSION The wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man as defined in G.S. 113A-52(5). PARENT An affiliate that directly, or indirectly through one or more intermediaries, controls another person. P 7E. e 3 I 26 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control PERSON Any individual, partnership, firm, association,joint venture, public or private corporation, trust, estate, commission, board, public or private, institution, utility, cooperative, interstate body, or other legal entity. PERSON CONDUCTING LAND-DISTURBING ACTIVITY Any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. PERSON RESPONSIBLE FOR THE VIOLATION A. The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or B. The landowner or person in possession or control of the land that has directly or indirectly allowed the land-disturbing activity, or has benefited from it or failed to comply with a duty imposed by any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. Person Who Violates or Violator Any land owner or other person who has financial or operational control over the land-disturbing activity; or who has directly or indirectly allowed the activity, and who has failed to comply with any provision of the Act, or Ordinance adopted pursuant to the Act, as it imposes a duty upon that person as used in G.S. 113A-64. PLAN An erosion and sedimentation control Plan. Secretary The Secretary of Environmental Quality. SEDIMENT Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. SEDIMENTATION The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse. SILTATION Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity, and which has been deposited, or is in suspension in water. STORM DRAINAGE FACILITIES The system of inlets, conduits, channels, ditches and appurtenances which that serve to collect and convey stormwater through and from a given drainage area. STORMWATER RUNOFF The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. Page 426 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control SUBSIDIARY An affiliate that is, directly or indirectly through one or more intermediaries, controlled by another person. TEN-YEAR STORM _ - e •- _ - - _ - - • e" _ __ _ - _ A rainfall of an intensity that based on historical data, is predicted, by a method acceptable to the approving authority, describe o be-expected to be equaled or exceeded, on the average, once in ten 10 years, and of a duration which i ,-.,will produce the maximum peak rate of runoffs the watershed of interest under average antecedent wetness conditions. TRACT All continuous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. TWENTY-FIVE YEAR STORM OR Q25 _ _ -• - _ . :- - _ -• - _ - A rainfall of an intensity that, based on historical data is predicted, by a method acceptable to the approving authority expected to be equaled or exceeded, on the average, one in 25 years, and of a duration whish that will produce the maximum peak rate of runoff, fec the watershed of interest under average antecedent wetness conditions. UNCOVERED The removal of ground cover from, on, or above, the soil surface. UNDERTAKEN The initiating of any activity, or phase of activity, which ,; ' results or will result in a change in the ground cover or topography of a tract of land. VELOCITY The speed of flow through the-a cross-section : -- • - • .•- -- - •- --- - _ - : -• : - : __ . - - - --- -- - - p e r p e n d i c u l a r to the direction of the main channel at peak flow of the storm of interest but not exceeding bank full flows chall be that arc WASTE Surplus materials resulting from on-site land-disturbing activities and-being to be disposed of at other locations WORKING DAYS Days exclusive of Saturday and Sunday and Federal and State holidays unless work is being conducted on these holidays, during which weather conditions or soil conditions permit land- disturbing activity to be undertaken. Section 8.4. Scope and Exclusions A. This Ordinance shall apply to land-disturbing activities within the following territorial jurisdiction of New Hanover County and to the extraterritorial jurisdiction of New Hanover County as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law. Page 526 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control B. Notwithstanding the general applicability of this Ordinance to all land-disturbing activity, this Article shall not apply to the following types of land-disturbing activity: 1. Including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: a. Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; b. Dairy animals and dairy products; c. Poultry and poultry products; d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules and goats, including the breeding and grazing of any or all such animals; e. Bees and apiary products; f. Fur producing animals; g. Mulch, ornamental plants, and other horticultural projects. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. 2. An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality(Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land-disturbing activity on the tract. 3. An activity for which a permit is required under the Mining Act of 1971; Article 7 of Chapter 74 of the General Statutes; 4. A land-disturbing activity over which the State has exclusive regulatory jurisdiction and provided in G.S. 113A-56(a). 5. An activity which is essential to protect human life during an emergency; 6. Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigations to offset impacts permitted under Section 404 of the Clean Water Act and; 7. Activities undertaken pursuant to National Resources Conservation Service Standards to restore the wetland functions of a converted wetland defined in Title 7 Code of Federal Regulations Ses.fi 12.2. Page 626 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control Section 8.5. General Requirements A. Plan Approval Required: No person shall undertake any land-disturbing activity subject to this Ordinance which <<,dt uncovers an acre, or more than one acre, without first having an erosion control Plan approved by the County. No land- disturbing activity may be initiated until the County is notified of the date that the land-disturbing activity will begin. B. Protection of Property: Persons conducting land-disturbing activity shall take atl reasonable measures to protect all public and private property from damage caused by sedimentation and erosion damage caused by land- disturbing activities C. More Restrictive Rules Shall Apply: Whenever conflicts exist between Federal, State, or local laws, Ordinance, or rules, the more restrictive provision shall apply. D. Plan Approval Exceptions: Notwithstanding the general requirement to obtain a Plan approval prior to undertaking land-disturbing activity, a Plan approval shall not be required for land-disturbing activity, that does not exceed 43,560 square feet in surface area and is not considered a part of a common plan of development. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. E. Building permits: No building permit, unless excluded by Section 48,8 8.17 shall be issued without an erosion control sign-off pursuant to G.S. 153A-357 and r 160A-417 as amended. F. Inspections: Any and all applicable intermediate inspections may be held in any trade (building, mechanical, electric, and/or plumbing) if any land-disturbing activity, on a tract, including single family residences, is found not to be in compliance with any part of this Ordinance. G. Building finals: Building finals and/or certificates of occupancy may not be issued if any land-disturbing activity, including single-family residences, is found not to be in compliance with any part of this Ordinance Section 8.6. Basic Control Objectives A. An erosion and sedimentation control Plan may be disapproved pursuant to Section 4879 if the Plan fails to address the following control objectives: 1. Identify critical areas: On-site areas which are subject to sevefe accelerated erosion and off-site areas;which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention. 2. Limit time of exposure: All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time specified in G.S. 113A-57 or as directed by the approving authority 3. Limit exposed area: All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. Page 7126 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control 4. Control surface water: Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. 5. Control sedimentation: All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage. 6. Manage storm water runoff: _ -- - __- -- - e.. _ . _ •- minimize accelerated erosion of the site and increased sedimentation of the stream. Plans aro to include ••-_ . __ _ __ _ -• • _ • _ -- - '- •- =- ••-• - •- - = •-". Plans shall be designed so that any increase in velocity of stormwater runoff resulting from a land- disturbing activity will not result in accelerated erosion of the receiving stormwater conveyance or at the point of discharge. Plans shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge. B. Preconstruction conferences are optional. e- _ - - _ _ • _ __ . •_ •• - :e. In the event, a preconstruction 4 conference is required, it must be included on the plan. C. No person may initiate a land-disturbing activity before notifying the County of the date that land-disturbing activity will begin 4 LI;01, GO1Ili 01 measures are installed. D. A Plan approval issued under this Ordinance shall be prominently displayed at either the primary entrance of the job site or at another location that is observable to the public and inspectors until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. A , copy of the approved Plan shall be kept on file at the job site. Section 8.7. Mandatory Standards for Land-Disturbing Activity No land-disturbing activity subject to the control of this Ordinance shall be undertaken except in accordance with G.S. 113A-57 and the following mandatory standards: A. Buffer Zone: 1. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25% of the buffer zone nearest the land-disturbing activity. This subdivision shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. 2. Unless otherwise provided, he width of a buffer zone is shall be measured horizontally from the edge of the water to the nearest edge of Page 8 26 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control the disturbed area, with the 25% of the strip nearest the land-disturbing activity containing natural or artificial means of confining visible siltation. B. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical restraints. In any event, slopes left exposed shall, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. C. Fill material: Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. D. Ground cover: Whenever land-disturbing activity that will disturb more than one acre r undertaken on a tract, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 8.8.B.5 of this Ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within 15-were 90 calendar days following completion of construction or development . E. Prior plan approval: No person shall initiate any land-disturbing activity that will disturb one or more than one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control Plan for the activity has been both filed with and approved by the County pursuant to G S 113A-57(4) and G.S. 113A-54(d)(4). The land-disturbing activity shall be conducted in accordance with the approved Plan once the Plan has been approved. F. All individuals that obtain a locally-approved erosion and sedimentation control plan that disturbs one acre or more of land, are required by the U.S. Environmental Protection Agency to obtain coverage under the N. C. Department of Environmental Quality Construction General Permit No. NCG010000(NCG01). The requirements in NCG01 for temporary or permanent ground cover, or stabilization requirements, may differ from the ground cover, or stabilization, requirement in this Ordinance. It is the responsibility of the person conducting the land-disturbing activity to ensure compliance with the NCG01. Section 8.8. Design and Performance Standards A. Except provided in Subsection B.2 of this ection, erosion and sedimentation control ^m°rrreasures, devices and structures and devices shall be planned, designed Page 9126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control and constructed as to provide protection from the calculated maximum peak rate of runoff from the teR 10 year storm that produces the maximum peak rate of runoft as calculated according to procedures in the United States Department of Agriculture, Natural Resources Conservation Services "National Engineering Field Handbook 630 f o r Conservation Practices" _ - -- - - e: -- -- - -- -- - _ • . - B. In High Quality Water(HQW)zones, the following design standards shall apply: 1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area of 20 acres within the boundaries of the tract. Only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director upon providing engineering justification with a construction sequence that considers phasing, limiting exposure, weekly submitted self-inspection reports, and more conservative design than the 25-year storm. The Director may also stipulate the inclusion of other conditions in the plan as necessary, based on specific site conditions. 2. Erosion and sedimentation control meal es,devices, and structures a4 devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture " National Engineering Resources Conservation Services "National Engineering Field Handbook 630 for Conservation Practices" Field Manual for Conservation Practices" or Other methodologies may be used if based on generally accepwea engineering standards that are shown to the County to be equivalent to or improved over the procedures in Handbook 630. The County shall determine acceptability of an alternative methodology based upon a showing that the runoff model was based on observed data in agreement with the predictive model. 3. In order to provide for water quality protection in the HQW zones, sediment basins that discharge to those areas shall be designed and constructed to meet the following criteria: - -••-•:.•. - - -- 90• - - 49 .. _ _ . ., .. _ - - e--e- - - - -- - - - ---- ..-._ - a. Use a surface withdrawal mechanism, except when the basin area is less than 1 acre; Page 10 126 2020-11 Board of Commissioners Draft-Erosion & Sedimentation Control b. Have a minimum of 1800 cubic feet of storage area per acre of disturbed area; c. Have a minimum surface area of 325 square feet per cfs of Q25 peak inflow; d. Have a minimum dewatering time of 48 hours;and e. Incorporate 3 baffles, unless the basin is less than 20 feet in length, in which case 2 baffles shall be sufficient. 4. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontals to one vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices, or other forms of asseptable ditch liners proven to the County as being effective in restraining accelerated erosion. In any event,The angle for side slopes shall be sufficient to restrain accelerated erosion. 5. - e- -: - - - - - - - - - - e- - - - - -• Upon a written request of the applicant, the Director may allow alternative design or control measures in lieu of meeting the conditions required in Subparagraph 3(b) through 3(e) of this Section if the applicant demonstrates that meeting all of those conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sedimentation control on the site. Alternative measures may include, quicker applications of ground cover, use of sediment flocculants, and use of enhanced ground cover practices. Section 8.9. Stormwater Outlet Protection A. Intent: Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity. B. Performance standards: Persons shall provide a design ana conduct land- disturbing activity so that the post-construction velocity of the tern- ; year storm runoff in the receiving watercourse to, and including the discharge point does not exceed the greater of: 1. The velocity established by the Maximum Permissible Velocities table in subsection E of this section; or 2. The projected velocity of the X10-year storm water runoff in the receiving watereettree stormwater conveyance prior to development. If conditions (1)or(2) of this Paragraph cannot be met, then the receiving watercourse stormwater conveyance to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior-to-development" velocity by 10%. Page 1126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control C. Acceptable management measures: Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The County recognizes that the management of storm water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while not exhaustive, are to: 1. Avoid increases in -- - - - - • - - - - - - --. stormwater discharge velocities by icing designing measures to promote infiltration to compensate for increased runoff from areas rendered impervious; 2. Avoid increases in storm-water stormwater discharge velocities by using vegetated or roughened swales and waterways in place of closed drains and high-velocity paved sections; or 3. Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge; These may range from simple rip- rapped sections to complex structures; or 4. Protect watercourse&stormwater conveyance subject to accelerated erosion by improving cross sections armor providing erosion-resistant lining; and 5. Upgrade or replace the receiving device structure, or watercourse stormwater conveyance such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity; D. Exceptions: This rule shall not apply where it can be demonstrated to the County that stormwater discharge velocities will not create result in accelerates as erosion problem in the receiving stormwater conveyance or discharge point. E. Maximum permissible velocities: The following is a table for maximum permissible velocity for storm water discharges in feet per second (F.P.S.) and meters per second (M.P.S.): Table 8.9.E: Maximum Permissible Velocities Material F.P.S. M.P.S. Fine sand(non-colloidal) 2.5 0.8 Sandy loam(non-colloidal) 2.5 0.8 Silt loam(non-colloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay(very colloidal) 5.0 1.5 Graded, loam to cobbles(non-colloidal) 5.0 1.5 Graded,silt to cobbles(colloidal) 5.5 1.7 Alluvial silts(non-colloidal) 3.5 1.1 Alluvial silts(colloidal) 5.0 1.5 Course gravel(non-colloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Fade 1226 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control Table 8.9.E: Maximum Permissible Velocities Material F.P.S. M.P.S. Source: Adapted from recommendations by Special Committee on Irrigation Research,American Society of Civil Engineers, 1926,for channels with straight alignment.For sinuous channels,multiply allowable velocity by 0.95 for slightly sinuous,by 0.9 for moderately sinuous channels,and by 0.8 for highly sinuous channels. Section 8.10. Borrow and Waste Areas When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971 Article 7 of Chapter 74 of the General Statutes, and waste areas for surplus materials other than landfills regulated by the Department's Division of Waste Management shall be considered as part of the land-disturbing activity - - - -- - - - - - - -- - - -- - - • - - - - - -e When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land ; isturbing activity. Section 8.11. Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. Section 8.12. Operations in Lakes, Natural Watercourses Land-disturbing activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize tknciesessaFy changes in the stream flow characteristic. Section 8.13. Responsibility for Maintenance During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, or any provision of this Ordinance, the Act, or any order adopted pursuant to the Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install and/ef maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of- way or easement accepted for maintenance by a governmental agency. Section 8.14. Restoration of Areas Affected by Failure to Comply The County may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by Page 1326 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance. Section 8.15. Additional Measures Whenever the County determines that significant accelerated erosion and sedimentation is occurring .ontinues as a result of land-disturbing activity, despite application installation of protective practices and maintenance of protective practices, the person conducting the land- disturbing activity will be required to and shall take additional protective action necessary to achieve compliance with the conditions specified in this Otdrnance of the Act Section 8.16. Areas Not Otherwise Covered Notwithstanding previous provisions, when it is determined that severe off-site erosion and/or sedimentation has occurred as a result of any land-disturbing activity, regardless of the size of the site, and despite application and maintenance of protective practices, remedial action shall be taken within a reasonable time period after notification. A notice shall be served upon that person by any means authorized under G.S. 1A-1 Rule 4. The notice shall specify a date by which the person must comply with the Ordinance or rules adopted by this Ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided by this Ordinance. Section 8.17. Existing I Incovered Area• • -- _ - - " - e• c•-_ -- - - a - - - - - " C. The County reserves the right to require preparation and approval of an erosion D. This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. Page 14126 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control Section 8.1748. Permits A. No person shall undertake any land-disturbing activity subject to this Ordinance without first obtaining a hardcopy or electronic permit from the County, except that no permit shall be required for any land-disturbing activity: 1. For the purpose of fighting fires; 2. For the stock piling of raw or processed sand, stone or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage; or 3. That does not exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (Note: This exclusion from permits should allow land- disturbing activities for construction of a single-family residence on a single lot, but may not exceed one acre or be part of a common plan of development). B. The County may establish a fee schedule for the review and approval of erosion control Pplans. In establishing the fee schedule, the County shall consider the administrative and personnel cost incurred by the department for reviewing the Plans and for related compliance activities. C. The permit fees as seen in Table 8.171-8.0 include review and land disturbance fees: Table 8. 18.C: Permit Fees Residential $200 $200 $200 Review New projects Active projects Previously permitted inactive projects (Paid at time of application) (Adding new acreage) (With modifications) Land $300 per acre disturbed or any increment of an acre. Disturbance Due prior to Plat Recordation.Builders in a subdivision with active permits where the developer previously paid review and land-disturbing fees will not owe fees. Commercial Review $200 $200 $200 $200 Review New projects Active projects Previously permitted inactive projects (Paid at time of application) (Adding new acreage) (With modifications) Land $300 per acre disturbed or any increment of an acre. Disturbance Due prior to issuance of Certificate of Occupancy. Page 1526 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control Table 8. 18.C: Permit Fees Other Review $200 (Paid at time of application) Land $300 per acre or increment of an acre. Disturbance Due prior to issuance of the land-disturbing permit. D. Permits will expire one year from the date of issue if no construction activity begins on site. If activity ceases on a permitted site for a period of 12 months, the permit will expire. Section 8. , 4-9. Erosion and Sedimentation Control Plans A. An erosion control Plan shall be prepared for all land-disturbing activities subject to this Ordinance whenever the proposed activity will disturb one or more than one acre on a tract. The Plan shall be filed with the County Engineering Department, the New Hanover Soil and Water Conservation District, and for areas outside municipal corporate limits, the County Planning Department, at least 30 days prior to the commencement of the proposed activity. B. Persons conducting land-disturbing activity on a tract which covers one or more than one acres shall file three copies of the erosion control Plan or a digital copy, with the County at least 30 days prior to beginning such activity and shall keep another paper copy of the approved Plan and a posted copy of the permit prominently displayed at either the primary entrance of the job site or easite another location that is observable to the public and inspectors until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. After approving the Plan, if the County either upon review of such Plan or inspection of the job site, determines that the Plan is inadequate to meet the requirements of the Act and of this Ordinance, a •-- - - --- - - - = -- - - - • • ' e•••- - - = • -, the County w111 shall require a revised Plan. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. C. Erosion control Plans may , be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of property ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principle place of business of the person financially responsible, and of the owner of the land, and registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the Plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. Except as provided in subsection D and K of this section, if the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control Plan must include the Page 16126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control owner's notarized written consent for the applicant to submit a draft erosion and sedimentation control !'plan and to conduct the anticipated land-disturbing activity. D. If the applicant is not the owner of the land to be disturbed and the anticipated land- disturbing activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft erosion and sedimentation control Plan may be submitted without the written consent of the owner of the land, so long as the owner of the land had been provided prior notice of the project. E. The New Hanover Soil and Water Conservation District and the County Planning Department within 20 days of receipt of any Plan, shall review such Plan and submit its comments and recommendations to the County Engineering Department. Failure of the Soil and Water Conservation District and the County Planning Department to submit its comments and recommendations within 20 days or within the prescribed additional time will not delay final action on the Plan. F. The County will review each complete Plan submitted to them and within 30 days of receipt. The person submitting the Plan will be notified that it has been approved, approved with modifications, approved with performance resorvationc, or disapproved. The County shall condition approval of an erosion control plan upon the applicant's compliance with Federal and State Water Quality laws, regulations, and rules. The County shall also disapprove an erosion control plan if implementation of the Plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control Plan within 30 days of receipt shall be deemed approval. Disapproval of an erosion control Plan or a revised erosion control Plan must specifically state in writing the reasons for disapproval. The County must approve, approve with modifications, or disapprove a revised Plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land- disturbing activity pursuant to an approved Plan, the County determines that the Plan is inadequate to meet the requirements of the Act and of this Ordinance, either upon review of such Plan or inspection of the job site a-significant risk of accelerated erosion or offsite sedimentation exist, the County shall require a revised Plan . Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. Approval with modification or disapproval of any proposed plan shall entitle the person submitting the Plan to a public hearing in accordance with the provisions of G.S. 113A-61(c). G. Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act(G.S. 113A 1 et seq.) G.S. 113 Article 1, and the Department rules set forth in 15A NCAC 01C shall be deemed incomplete until a complete environmental document is available for review. The County shall promptly notify the person submitting the Plan that the 30-day time limit for review of the Plan pursuant to subsection F of this ection shall not begin until a r ; complete environmental document is available for review. H. The County shall approve a Plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. The County shall condition approval of Plans upon the applicant's compliance with the Page 17126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control Federal and State water quality laws, regulations and rules. Approval assumes the applicant's compliance with the Federal and State water quality laws regulations, and rules. I. The Plan required by this section shall contain architectural or engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation may be obtained from the County, on request. The Plan shall contain a schedule for inspections after each phase has been completed. J. The county may disapprove an erosion and sedimentation control Plan or disapprove a transfer of a Plan under subsection K of this Section upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: 1. is conducting or has conducted land-disturbing activity without an approved Plan, or has received notice of violation of a Plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice; 2. has failed to pay a civil penalty assessed pursuant to the Article or a local Ordinance adopted pursuant to this Article by the time the payment is due; 3. has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local Ordinance adopted pursuant to this Article or; 4. has failed to substantially comply with State rules or local Ordinances and regulations adopted pursuant to this Article. For purposes of thiG ubsection J an applicant's record or the proposed transferee's record may be considered for only two (2) years prior to the application date. In the event that an erosion and sedimentation control Plan or transfer of a Plan is disapproved by the county pursuant to subsection J of this Section, the County shall notify the Director of the Division of Energy, Mineral, and Land Resources of such disapproval within 10 days of the disapproval. The County shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the Plan was disapproved. Notwithstanding the provisions of Section 8.20 A, the applicant may appeal the local government's disapproval of the Plan directly to the Commission. K. The County administering an erosion and sedimentation control program may transfer an erosion and sedimentation control Plan approved pursuant to this Section without the consent of the Plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. 1. The County may transfer a Plan if all of the following conditions are met: E ke 1826 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control a. The successor-owner of the property submits to the local government a written request for the transfer of the Plan and an authorized statement of financial responsibility and proof of ownership b. The County finds all of the following: 1. The Plan holder is one of the following: i. A natural person who is deceased ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved. iii. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. iv. A person who has sold the property on which the permitted activity is occurring or will occur. 2. The Plan holder shall comply with all terms and conditions of the Plan until such time as the Plan is transferred. 3. The successor-owner shall comply with all terms and conditions of the Plan once the Plan has been transferred. 4. Notwithstanding changes to law made after the original issuance of the Plan, the County may not impose new or different terms and conditions in the Plan without the prior express consent of the successor-owner. Nothing in this subsection shall prevent the County from requiring a revised rialan pursuant to G.S. 113A-54.1 (b). L. No person may initiate a land-disturbing activity before notifying the agency that issued the Plan approval of the date that the land-disturbing activity will begin. The County shall also be notified when the initial erosion control measures are installed, if no preconstruction meeting is held. If preconstruction meetings become a requirement it must be included on the plan. M. Applications for amendment of an erosion control Plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County, the land-disturbing activity shall not proceed except in accordance with the erosion control Plan as originally approved. N. Any person engaged in land-disturbing activity who fails to file a Plan in accordance with the Ordinance or who conducts a land-disturbing activity except in accordance with provisions of an approved Plan shall be deemed in violation of this Ordinance. C. -- - -- - , - - -- -- - - - - _ the inspection at the site of the land disturbing activity. The record shall set out any those measures. The record shall be maintained until permanent ground cover has Page 1926 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control G.S. . . All land-disturbing activities required to have an approved erosion and sedimentation control plan under G.S. 113A-54.1(e) and Sec. 8.18 (A) shall conduct self-inspections for initial installation or modification of any erosion and sedimentation control devices and practices described in an approved Plan. In addition, weekly and rain-event self-inspections are required by Federal regulations, that are implemented through the NPDES Construction General Permit No. NCG010000. Where self-inspections are required by G.S. 113A-54.1(e) and Section 1-84). 8.18(0)of this Ordinance and G.S. 113A 54.1(e), the following apply: 1. The person who performs the inspections shall make a record of the site inspection by documenting the following items: The inspection shall be performed during or after each of the following phases of the Plan; _ _ _. _ _ •_• :_ -• =: _ • __ : initial installation of the erosion and sedimentation control measures installation; b. - -- - : - - - - - : - - .:••e - - - -- -- - --: - -e • - - - - - - - - - -=- - --- clearing and grubbing of existing ground cover; Page 20126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control completion of any grading that requires ground cover; completion of all land- disturbing activity, construction, or development, including permanent ground cover establishment and removal of all temporary measures; and e. - - -- - _ - - e-- - - - _ _ -- - - •: transfer of ownership or control of the tract of land where the erosion and sedimentation control Plan has been approved and work has begun. The new owners or person in control shall conduct and document inspections until the project is permanently stabilized as set forth in Sub-Item 1(c) of this Section; 2. _ -- _ - _ _ - • - -- - - • _ - - - e 2. _ -- _- - - - _ e: me _- 2- - - - _ _- - - _ - - Documentation of self-inspections performed under section 1 shall include: a. - - - - - -_ _ -- - - - -_ _ -- - _ _- Visual verification of ground stabilization and other erosion control measures and practices as called for in the approved Plan; b. - - - - - -**.'e - ° - - - - -- Verification by measurement of settling basins, temporary construction entrances, energy dissipaters, and traps; c. - _ - - --_ - - - - e- - -_- - • - _- -- 113A 57(2); The name, address, organization affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection shall be included, whether on a copy of the P age 2126 2020-11 Board of Commissioners Draft-Erosion&Sedimentation Control .approved erosion and sedimentation control Plan or an inspection report. A template for an example of an inspection and monitoring report is provided on the DEMLR website at https://deq.nc.qov/about/divisions/energy-mineral-land- resources/erosion-sediment-control/forms Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control Plan shall occur on a single copy of the Plan and the Plan shall be made available on the site. d. ._ - - •_• - - •• _ _ _- - - -' ' _-; A record of any significant deviation from any erosion or sedimentation control measure from that on the approved Plan. For the purpose of this Section, a "significant deviation"means an omission, alternation, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approve Plan may also be recommended to enhance the intended performance of the sedimentation and erosion control measures. e. .e•-: = '2' .2 •.. - - - - = = - - = ; - '2 ground cover sufficient to restrain erosion. Section 8.1920. Plan Review Appeals A. Except as provided in subsection B of this section, the appeal of a disapproval or approval with modifications of a Plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control Plan by the County, shall entitle the person submitting the Plan or applying for the permit, to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. 2. Hearings held pursuant to this section shall be conducted by the County Engineer within ten (10) days after the date of the appeal or request for a hearing. 3. The County Engineer shall make recommendations to the New Hanover County Board of Commissioners, within ten days (10) after the date of the hearing on any erosion control Plan. Page 22 I 26 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control 4. The Board of Commissioners will render its final decision on any Plan upon which a hearing is requested within 30 days of conducting the hearings. 5. If the Board of Commissioners upholds the disapproval or modification of a proposed Plan following the hearing, the person submitting the Plan shall then be entitled to appeal the Board of Commissioners decision to the Commission. The Commission shall direct the Secretary to appoint employees of the Department as provided in G.S. 113A-61(c)and Title 15A NCAC 4B.0118 (d), to a Plan review committee, to hear appeals from the disapproval or modification of erosion and sedimentation control Plans by local governments. Within 30 days following receipt of notification of the appeal, department employees shall complete the review and shall notify the County and the person appealing the County decision that the Plan should be approved, approved with modifications, or disapproved. 6. If either the local government or the person submitting the Plan disagrees with the decision reached by the Department, the applicants right under G.S. 113A-54.1(d) to appeal the Director's disapproval of an erosion control Plan under G.S. 113 A-54.1(c) gives rise to a right to an appeal to the Commission by filing a notice within 15 days with the Director of the Division of Energy, Mineral, and Land Resources. A Plan review committee consisting of three members of the Commission will be appointed to review the Department's decision. Within 10 days following receipt of the notification of appeal, the Commissions erosion and sedimentation Plan review committee shall notify the local government and the person submitting the plan of a place and time for a hearing for consideration of the appeal. Both parties shall be given at least 15 days' notice of the hearing and an opportunity to present written or oral arguments. The erosion and sedimentation Plan review committee shall notify both parties of its decision concerning the approval, disapproval, or modification of the proposed Plan within 30 days following the hearing. 7. An applicant desiring to appeal the Commission's disapproval of an erosion control Plan shall file with the Office of Administrative Hearings a contested case petition under G.S. 150B, Article 3. B. If an erosion control Plan is disapproved pursuant to Section 8-1-9 8 18,H, of this Ordinance. +the applicant may appeal the County disapproval of the Plan directly to the State Sedimentation Control Commission. Section 8.; 24. Inspections and Investigations A. Agents, officials, or other qualified persons authorized by the County, will periodically inspect land-disturbing activity to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in the Plan are effective in controlling erosion and sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be included in the notification of each Plan approval. B. If the County determines that a person engaged in land-disturbing activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued Page 2326 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control pursuant to this Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be served upon that person by any means authorized under in G.S. 1A-1 Rule 4 to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the, Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period specified in the notice of violation may result in additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this Ordinance. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for willfully obstructing, hampering or interfering with an authorized representative, while in the process of carrying out his official duties. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action may be initiated. C. The County shall have power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activity. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection and who presents appropriate credentials; D. The County shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity including self-inspections, engineering design reports, or Notices of Violation (NOVs), as necessary to carry out duties specified in the Act or this Ordinance. Section 8.2122. Penalties A. Civil Penalties: 1. Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant to this Ordinance, or who initiates or continues a land- disturbing activity for which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be subject to a civil penalty. The maximum civil penalty amount that the county may assess per is five thousand dollars ($5,000.00) per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by any means authorized under G.S. 1A-1 Rule 4 to give actual notice. The notice shall describe the violation, , state the reason for accessing the penalty, request the illegal activity cease, specify the actions to be taken. specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action pursuant to G.S. 113A-64. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of P a #; t: 24 j 26 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and the person abated the continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land—disturbing activity for which the erosion and sedimentation control Plan is required is twenty- five thousand dollars ($25,000). 2. The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the severity of the v i o l a t i o n, •- _ __ - _ : : _ - •• __ . _ _ : _ _ the type(s) of violation;the duration; the cause; the extent of any off-site damage which may have resulted; effectiveness of action taken by the violator; adherence to the Plan submitted by the violator;effectiveness of the Plan submitted by the violator; estimated cost of taking corrective sediment control actions; staff investigative cost the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this Ordinance the Commission or the Act The County shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4. The notice of assessment shall direct the violator to either pay the civil penalty assessment, or contest the assessment within 30 days after receipt of the notice of assessment, by filing a written petition for a hearing before the Board of County Commissioners, or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. Notice of the assessment shall be served by any means authorized under G.S.1A-1, Rule 4 to give actual notice. 3. Any appeals from the determination of the Board of County Commissioners must be filed with the Superior Court of the County within 30 days following the Board's issuance of its final determination. If payment is not received or equitable settlement reached within 60 days after demand for payment is made, the matter shall be referred to the County Attorney for institution of a civil action in the name of the County in Superior Court where the violation occurred, or the violators residence or principle place of business. A civil action must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. e 25 126 2020-11 Board of Commissioners Draft-Erosion &Sedimentation Control An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. 4. The clear proceeds of civil penalties collected pursuant to this Ordinance shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection cost by each County for the prior fiscal year. (In any event, the cost percentage shall not exceed twenty percent(20%) of penalties collected). B. Criminal Penalties: Any person who knowingly or willfully violates any provision of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control Plan is required except in accordance with terms, conditions, and provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00) per calendar day as provided in G.S. 113A-64. Section 8.2223. Injunctive Relief A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved Plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of the County in which the violation is occurring or is threatened. B. Upon determination by a Court that an alleged violation is occurring or is threatened, the Court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. Section 8.2324. Severability If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Section 8.2425. Effective Date November 16, 2020 Section 8.2526. Reserved Page 2626