1993-04-19 RM Exhibits
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
WOOD SORRELL ROAD, CHERRY LAUREL COURT,
AND SILVER GRASS COURT IN WEATHERWOOD AT
SUMMERFIELD SUBDIVISION (DIV. FILE NO.
730-N)
WHEREAS, the attached petition has been filed with the Board of County
commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County commissioners is of the opinion that the above
described road(s) should be added to the Seconda~ 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 resol ution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
19th day of April , 1993.
~. WITNESS my hand and official seal this the
~.:.t , 1993.
,
/' .J4.,
day of
'v
Lu ie F. Harrell, Cler .
Ne Hanover County Board of
Commissioners
Form SR-2
Please Not.e: Forward direct. t.o the District Engineer, Division of Highways.
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INTRODUCED BY: Allen O'Neal, County Manager
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'DATE: April 19, 1993
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RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY
LOCATED AT 817 WALNUT STREET
LEGISLATIVE INTENT/PURPOSE:
This resolution relates to the proposed sale of surplus property jointly owned
by the City of Wilmington and New Hanover County, more particularly identified as
follows:
Parcel No.
048-13-037-011.000
Address
817 Walnut Street
Amount of Offer
$4,200.00
Tax Value
$6,864.00
Secured by City of Wilmington and New Hanover county June, 1992
Cost: $3,000.00
Offeror:
William Bordeaux
P. O. Box 124
Winnabow, N. C. 28479
The offeror(s) has agreed to pay the amount(s) indicated above for the
parcel(s) identified.
The parcel(s) have been declared surplus by the County Commission and not
needed for public purposes.
RESOLVED:
1. That pursuant to N.C.G.S. 160A-269, the County commission does hereby propose
to accept the offer(s) to purchase identified herein from the offeror(s) as
indicated.
2. That New Hanover County reserves the right to reject any and all offers.
3. That New Hanover county will retain any deposit posted by the offeror(s) when:
a. The offer is withdrawn after posting the deposit.
b. The offeror(s) fail to pay the balance of an approved offer, due in cash,
within ten (10) days of receipt of a notice by certified mail of
availability of the deed of conveyance.
4. The offeror(s) shall deposit the sum of 5% of the total offer immediately
following adoption of this resolution.
5. That the Clerk of the Board of Commissioners will publish a notice of the
offer(s) as required by N.C.G.S. 160A-269.
Adopted at ~egUlar
meet ing on . 'ffivI) / 9
A~v'~~
Clerk to the Board
, 19 93
County Board of
oe"~
Chairman
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ADVERTISEMENT FOR UPSET BID
SALE OF SURPLUS PROPERTY
BY THE CITY OF WILMINGTON AND/OR NEW HANOVER COUNTY
By resolutions duly adopted by the City Council of the City of Wilmington
and the Board of Commissioners of New Hanover County, the City of Wilmington
and New Hanover County propose to accept an offer to purchase a certain parcel
of real property located in New Hanover County owned by the City of Wilmington
and/or New Hanover county. The identification of the offer is as follows: '
TAX PARCEL NO: R0048-13-037-011.000
ADDRESS: 817 Walnut Street
OFFEROR: William Bordeaux
AMOUNT OF OFFER: $4,200.00
The offer to purchase is subject to the following terms and conditions:
(1) That the offers are unconditional and may not be revoked.
(2) That the City of Wilmington and/or New Hanover County shall retain as
liquidated damages any deposit posted if any offeror fails to pay the
balance due in cash and secure the deed within 10 days of notice by
certified mail or if returned undelivered within 10 days of the last
attempted delivery.
(3) That all sales are subject to final approval by the City Council of
the City of Wilmington and/or the Board of Commissioners of New
Hanover County.
(4) That the use of the property and construction of any structures
improvements, changes or additions shall at all times comply with all
applicable federal, state or local laws, rules and regulations.
The proposed sale of this property is being conducted pursuant to North
Carolina General Statute 160A-269 and is subject to upset bid. The public will
take notice that within ten days after publications of this advertisement, any
person may raise the bid by not less than 10% of the first $1,000 and 5% of the
remainder. Upset bids may be in writing and must be delivered to the City
Clerk, accompanied by a deposit of 5% of the total increased bid. The deposit
must be by cash, cashier's check, certified check or bid bond. Upon receipt of
an upset bid, the City Clerk shall readvertise the offer at the increased bid
and otherwise follow the statutory procedures until no further qualifying upset
bids are received. When no further qualifying bids are received, the City
Council and/or Board of Commissioners may accept the offer and sell the
property to the highest bidder for cash.
The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County reserve the right to reject any and all
offers at any time. The proposed sale is made subject to the above conditions
together with all outstanding taxes, liens or other encumbrances, if any; title
shall be conveyed by bargain and sale deed without warranty; and the property
will be sold in its present condition "as is" without any improvements by the
City.
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The city Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County intend to decide whether it will accept or
reject the highest offer within a reasonable time not to exceed thirty days
from the date of the published advertisement. Any and all deposits shall be
forfeited if a bid is accepted by the City and then withdrawn by the bidder.
This the 29th day of April, 1993.
PENNY SPICER-SIDBURY, CITY CLERK
LUCIE HARRELL, COUNTY CLERK
Published: April 29, 1993
It;:
;/:"
ADVERTISEMENT FOR UPSET BID
SALE OF SURPLUS PROPERTY
BY THE CITY OF WILMINGTON AND/OR NEW HANOVER COUNTY
By resolutions duly adopted by the City Council of the City of Wilmington
and the Board of Commissioners of New Hanover County, the City of Wilmington
and New Hanover County propose to accept an offer to purchase a certain parcel
of real property located in New Hanover County owned by the City of Wilmington
and/or New Hanover County. The identification of the offer is as follows:
TAX PARCEL NO: R0048-13-037-011.000
ADDRESS: 817 Walnut Street
OFFEROR: Christine Beck
AMOUNT OF OFFER: $4,460.00
The offer to purchase is subject to the following terms and conditions:
(1) That the offers are unconditional and may not be revoked.
(2) That the City of Wilmington and/or New Hanover County shall retain as
liquidated damages any deposit posted if any offeror fails to pay the
balance due in cash and secure the deed within 10 days of notice by
certified mail or if returned undelivered within 10 days of the last
attempted delivery.
(3) That all sales are subject to final approval by the City Council of
the City of wilmington and/or the Board of Commissioners of New
Hanover County.
(4) That the use of the property and construction of any structures
improvements, changes or additions shall at all times comply with all
applicable federal, state or local laws, rules and regulations.
The proposed sale of this property is being conducted pursuant to North
Carolina General statute 160A-269 and is subject to upset bid. The public will
take notice that within ten days after publications of this advertisement, any
person may raise the bid by not less than 10% of the first $1,000 and 5% of the
remainder. Upset bids may be in writing and must be delivered to the City
Clerk, accompanied by a deposit of 5% of the total increased bid. The deposit
must be by cash, cashier's check, certified check or bid bond. Upon receipt of
an upset bid, the City Clerk shall readvertise the offer at the increased bid
and otherwise follow the statutory procedures until no further qualifying upset
bids are received. When no further qualifying bids are received, the City
Council and/or Board of Commissioners may accept the offer and sell the
property to the highest bidder for cash.
The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County reserve the right to reject any and all
offers at any time. The proposed sale is made subject to the above conditions
together with all outstanding taxes, liens or other encumbrances, if any; title
shall be conveyed by bargain and sale deed without warranty; and the property
will be sold in its present condition "as is" without any improvements by the
City.
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The City Council of the City of Wilmington and/or the Board of
Commissioners of New Hanover County intend to decide whether it will accept or
reject the highest offer within a reasonable time not to exceed thirty days
from the date of the published advertisement. Any and all deposits shall be
forfeited if a bid is accepted by the City and then withdrawn by the bidder.
This the 21st day of May, 1993.
A. PENELOPE SPICER-SIDBURY, CITY CLERK
LUCIE HARRELL, COUNTY CLERK
Published: May 21, 1993
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NEW HANOVEQ COUNTY TAX CJLLECTIO~S
COLLECTIONS THRU 03/31/93
ORIGINAL TAX LEVY PER SCROLL
JISCOVEKIES ADDeD
LESS ABATEMENTS
TOTAL TAXES CHARGED
ADVERTISING FEES CHARGED
CEPTI~ICATION PENALTIES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLL=CTIONS TO DATE
OUTSTANDING GALANCE
PERCENTAGE COLLECTED
BACK TAXES
alI.,..__..,____
REAL ESTATE AND PERSONAL PROPERTY
CHARGES ADDED
LESS A3ATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
MAR 1993
....-...-.--..------
ROOM OCCUPANCY TAX COLLECTIONS
PRIVILEGE LICENSE COLLECTIONS
EMS COLLECTIONS
56,770.36
767.50
.00
/6-
1992
---..
!; 41,19C,930.54
3,842,SOO.9a
805,737.69--
....-_.....--~.._...._-_....
$ 44,227,6-13.33
14,177.50
311,300.00
75,207.68
~___IIm"____"___~
S 44,628,379.01
42,582,859.25-
rt"'~""'''___''''''''__'''
5 2,045,519.76
9 5. 42 ~~
.s 2,966,909.61
99,009.90
119,913.41"
....----..------..-..,
.$ 2,946,006.1C
811,329.530
"._..__u_......lI6e__..
$ 2,134,676.57
27.54~~
FISCAL YTa
1.-._..__________
1,152,628.17
20,567.54
.00
TOTAL MONEY PROC=SSED THRU COLLECTION OFFICE FOR NEW HANOVER
COUNTY! CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA 3EACH,
AND KUKE BEACH TO DATE - tb3,336,005.40.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 1992.
~ECTFULLY SUBMIT~, ,
, . l) ltt1 nrrv
C\.YY) (., G.. . '- 0
PATRICIA J., NOR
COLLECTOR OF REVENUE
C7;y .
Recommend approval. R),,)J\vL'
CONSENT AGENDA
DATE:___U1U2,.3
IT;: ~~ I\j 0 . 1 0
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NE~ HANOVeR COUNTY FIRE DISTRICT TAX COllECTIONS
COllECTIONS THRU 03/31/93
1992
----
ORIGINAL TAX LEVY PER SCROLL
DISCOVERIES ADDED
LESS ABATEMENTS
TOTAL TAXES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING 3ALANCE
PERCENTAGE COLLECTED
3ACK TAXES
$ 910,845.74
115,333.18
60,572.23'-
__...________8;._.
$ 965,606.69
1,573.06
---------..-----..
$ 967,179.75
929,471.79-
----..---------
.$ 37,707.96
96.10%
......---...---
REAL ESTATE AND PERSONAL PROPERTY
CHARGr:S ADDED
LESS ABATEMENTS
TOTAL TAXES DUE
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
$
48,045.58
1,498.39
442.35-
-------..-..---....
.1; 49,Hn.62
14,003.97-
a;l_______.....__...
$ 35,097.65
28.52%
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 1992.
~PEC~FU.LL Y~SU3MI{Z~"...1T\/
pr-&m~l~. A ~OR u \: 0 '
COLLECTOR OF . VENUE
CONSENT AGENDA
DATE:_~~~~~_
ITEM No.__!..h__
Rec offiILlend a pprova 1. ~c:o \,~i.::.:>
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9\&w J{anover County 130ard of Commissioners
2\gso[ution
WHEREAS, feeder farms and agriculture activities are growing
rapidly in southeastern North Carolina; and
WHEREAS, the environmental impact of this growth has not been
addressed and cannot be addressed under existing statutes,' and
NOW THEREFORE BE IT RESOLVED, by the New Hanover
County Board of Commissioners to urge the North Carolina General
Assembly to bring agriculture activities under the umbrella of environmental
oversight which applies to other industrial and commercial activities.
Adopted this the 19th day of April, 1993.
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Robert G. Greer, Chairman
Attest:
Qi;, \(;/ yP(,-LA'
Cle to the-Board -
AN ORDINANCE
OF TBB
NEW HANOVER COUN'U
BOARD OF CODISSIOHERS
The Board of Commissioners of New Hanover County, North
Carolina, does hereby ordain that Chapter 12, Offenses, Article II,
Explosives, Section 12-17, Discharge of Firearms, New Hanover
County Code, is hereby amended as follows, repealing the existing
Ordinance:
Amend Section 12-17 Discharge of Firearms:
(a) It is unlawful for any person to discharge a firearm or
air gun or pistol,
( 1) Carelessly or heedlessly in wanton disregard for
the safety of others; or
(2) without due caution or circumspeotion and in a
manner so as to endanger any person or property; and resulting in
property damage or bodily injury.
This /1.7N
day of ~ ' 1993.
~~.
Robert G. Greer, Chairman
Board of Commissioners
A'Xl'EST:
~v~~
Cl rk to t e Board
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and
publicly opened by the Finance Department at 3:00 p.m on the
26th day of February, 1993, at the County Administration
Building, 320 Chestnut Street, Wilmington, North Carolina, and
the following bids were received for Wet Ash Disposal system for
the Waste-To-Energy Facility of the Environmental Management
Department, Bid # 93-0209:
TLT Babcock, Inc.
Beaumont Birch Company
$477,521.00
$141,303.00
AND WHEREAS, according to ~ 143-129.2 concerning
construction, design and operation of solid waste management
facilities it is acknowledged that, "it may be beneficial to a
unit of local government to award a contract on the basis of
factors other than cost alone. . ." and that lithe unit of local
government may make a contract award to any responsible proposer
selected pursuant to this section based upon a determination that
the selected proposal is more responsive to the request for
proposals and may thereupon negotiate a contract with said
proposer for the performance of the services set forth in the
request for proposals and the response thereto, such
determination shall be deemed to be conclusive."
AND WHEREAS, the Environmental Management Director,
Finance Director and the County Manager recommend that
contract be awarded to TLT Babcock, Inc. of Akron, Ohio, the
responsive bidder, in a negotiated amount of Four Hundred
Thousand Five Hundred Eighty-three Dollars ($404,583.00);
the
the
most
Four
AND WHEREAS, funds have been previously appropriated and are
now in Account No. 715-480-8510-9110 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
commis~iope~s of New Hanover County that the contract for Wet Ash
Disposal System for the Environmental Management Department,
Bid # 93-0209 be awarded to TLT Babcock, Inc., the most
responsive bidder, in the amount of Four Hundred Four Thousand
Five Hundred Eighty-three Dollars ($404,583.00); and that the
County is hereby authorized and directed to execute the contract,
contract form to be approved by the County Attorney.
BE IT FURTHER RESOLVED
authorized to return the
bidders.
that the Purchasing Agent is hereby
bid deposits to the unsuccessful
of April, 1993.
W~
Chairman, Board of County Commissioners
ATTEST:
~~ '(/ j~
Cl rk to the Board
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Summary of Reorganization/Reclassification
Waste-To-Energy Facility March, 1993
Impact on Budget for FY '93-'94
Current Title/Salarv
I. Steam Plant General Manager
$85,000 (vacant)
II. Steam Plant Manager
$57,086 (Flanagan)
III. Steam Plant Engineer/
Maintenance Manager
$40,604 (Hubbard)
IV. Steam Plant Engineer/ - split -
Maintenance Manager
- split -
V. steam Plant Maintenance
Supervisor (Canady)
$29,466
VI. Steam Plant Mechanic
$22,738 (Reuter)
VII. Steam Plant operations Mgr.
(new hire)
Current
Proposed
I.
II.
$ 85,000
$ 57,086
$ 40,604
$ 29,466
$ 22,738
o
$234,894
o
$ 14,271 (one
year only)
$ 45,538
$ 37,251
$ 27,798
$ 45,000
$169,858
III.
IV.
V.
VI.
Proposed Title/Salary
Delete
Temporary Operations Mgr.
$14,271.00 (funded July -
September 30, 1993)
WTEF Plant Manager
$45,538
WTEF Plant Engineer
(vacant, non-funded)
WTEF Maint. Manager
WTEF Maint. Mgr.
$37,251
WTEF Maint. Supervisor
$27,798
WTEF Operations Manger
$37,251 - $52,151
(estimate $45,000)
Chanqe
($85,000)
($42,815) ~
$ 4,934
$ 7,785
$ 5,060
$45,000
($65,036)
:J\&w :J{anover County 130ard of Commissioners
1\fso[ution
WHEREAS, the 1991 session of the General Assembly enacted a bill that increased the excise tax on land
transfers by one dollar per thousand,' and
WHEREAS, eighty-five per cent of the revenues from this increase on excise tax went into the general fund
of the State," and
WHEREAS, the Legislative Study Commission on Parks and Recreation has drafted legislation that would
dedicate the eighty-five per cent of the revenue that is currently going to the general fund to a proposed Park fund
of North Carolina to be used for land acquisition; and
WHEREAS, local governments in North Carolina need almost one billion dollars to meet national
standards in providing land and facilities for leisure opportunities for citizens and visitors; and
WHEREAS,fundingfrom the Federal Land and Water Conservation Fund, which was a major source of
support for State and Land Parks systems for the last twenty-seven years, has decreased considerably since 1979;
and
WHEREAS, the North Carolina Recreation and park Society has requested support for modification of the
proposal developed by the Legislative Study Commission on Parks and Recreation to divide the entire 1991 tax
increase of one dollar per thousand. Funding would be used for acquisition of land with significant natural heritage
value, local park acquisition and development of park lands, and funding state parks.
NOW, THEREFORE, BE IT RESOLVED,by the New Hanover County Board of Commissioners that the
members of the General Assembly representing the people of New Hanover County are called on... to support the
modification of the proposal which has been drafted by the Legislative Study Commission on Parks and Recreation
to provide for a more equitable distribution of the funds from the 1991 tax increase.
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the area State Legislators, the
North Carolina Association of County Commissioners, and to the office of Executive Director of the North Carolina
Recreation and Park Society.
ADOPTED this 19th day of April, 1993.
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Robert G. Greer, Chairman
ArrEST:
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Cl to the Board
:J\&w :J{anover County 130ard of Commissioners
1\fs o[u tion
WHEREAS, the Constitutions of the United States of America and the State of North Carolina establish
the basic purposes and requirements for Federal, State, and Local Governments; and
WHEREAS, County Governments serve as local units of State Government to assist to implement the
Constitutions of the United States of America and the State of North Carolina; and
WHEREAS, the Congress of our Nation and the General Assembly of our State continue to mandate
expenditures by County Governments without providing sufficient funds for these mandates,' and
WHEREAS, sources of revenues for County Governments are restricted by the State,' and
WHEREAS, excessive fiscal burdens are being placed on County Governments that undermine the ability
of County Governments to fulfill responsibilities under our Federal and State Constitutions and to be able to afford
LOCAL services desired by Counties residents.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the
Congress of the United States of America and the General Assembly of the State of North Carolina are requested
to ena<;t binding legislation:
(a) to cease creating any additional mandated administrative or fiscal burdens for County
Governments unless these Legislatures appropriate funds sufficient to pay the direct costs for these,
mandated expenditures.
(b) to cease any mandated cost sharing for direct Medicaid Program expense.
,. .... ~ .... OJ
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to our President, area Congress
members, Governor, area State Legislators, and the North Carolina Association of County Commissioners.
ADOPTED this 19th day of April, 1993.
?JJ!J4~
Robert G. Greer
Chairman
a~ ~ dA?'~~
Cl~ to the Board
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Commissioner Commissioner ''''~'1l',. c" , ''-I\IL_,
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AITESTED:
NOR'J!H CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUES'J! FOR ADDITION TO S'J!ATE MAIN'.I!AINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
TURTLE HALL DRIVE
WHEREAS, the attached petition has been filed with the Board of county
commissioners of the county of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road system, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the system.
NOW, THEREFORE, be it resolved by the Board of commissioners of the county
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
19th day of April , 1993.
I1~I~~ESS my hand and official seal this the
~= , 1993.
/f;tL,
day of
Lu ie F. Harre 1, Clerk
New anover County Board of
Commissioners
Form sR-2
Please Notel Forward direct to the District Engineer, Division of Highways.
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AGENDA INFORMATION COVER SHEET
MEETING DATE: April 19, 1993
AGENDA ITEM NUMBER: 10
SUBJECT: Consideration of amendments to Soil Erosion and
Sedimentation Control Ordinance
Second Reading
SUMMARY OF INFORMATION:
Second Reading
RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION OR COMMENTS:
1JJ
Conduct second reading and adopt ordinance
PRESENTATION BY: Chairman Robert G. Greer, Wyatt Blanchard
ATTACHMENTS:
YES X
NO
SIGNATURE:
DATE: April 8, 1993
Department Head
4/92
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NOTE: This item was rescheduled from the March 15th meeting.
AGENDA INFORMATION COVER SHEET
MEETING DATE:
April 5, 1993
AGENDA ITEM NUMBER: 16
RE: Soil Erosion and Sedimentation Control
Ordinance
Approval of Ordinance Modifications As Required
By the State of North Carolina
SUMMARY OF INFORMATION: The attached Ordinance is a copy of the
County's Soil and Erosion Sedimentation Ordinance with
modifications as required by the State and including one
modification requested by staff (Section 5, Paragraph E and F).
All items printed in bold are additions. Items crossed out are
deletions.
RECOMMENDATION: I recommend the proposed Ordinance be approved
with authorization for the Chairman to sign.
COUNTY MANAGER'S RiC~MMENDATION OR COMMENTS:
Recommeod approval~
---
PRESENTATION BY:
_ //.Y'
Wyatt E. Blanchard
,/
ATTACHMENTS:
'Xl YES
1- _I
NO
1 1
I_I
SIGNATURE:
/
.' /:,
DATE:
//s~'
...-....,
01/05/93
Department Head
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NEW HANOVER COUNTY
SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE
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. TABLE OF CONTENTS
Page(s)
SECTION 1 : TITLE . . . . . . . . . . 1
SECTION 2 : PURPOSE . . . . . 1
SECTION 3 : DEFINITIONS . . . . . . . . . . . . 1-6
SECTION 4 : SCOPE AND EXCLUSIONS . . . . . . . . . . 6-7
SECTION 5: GENERAL REQUIREMENTS . . . 7
SECTION 6 : BASIC CONTROL OBJECTIVES . . . . . . . . 8
SECTION 7 : MANDATORY STANDARDS FOR LAND-DISTURBING
ACTIVITY . . . . . . . . . . . . . 8-11
SECTION 8 : DESIGN AND PERFORMANCE STANDARDS . . . 11-12
SECTION 9 : STORMWATER OUTLET PROTECTION . . . . . . 12-14
SECTION 10: BORROW AND WASTE AREAS . . . . . . 14
. SECTION 11: ACCESS AND HAUL ROADS . . . . . . . . 15
SECTION 12 : OPERATIONS IN LAKES OR NATURAL WATERCOURSES 15
SECTION 13: RESPONSIBILITY FOR MAINTENANCE . . . . 15
SECTION 14: ADDITIONAL MEASURES . . . . . . . . 15
SECTION 15: AREAS NOT OTHERWISE COVERED . 15-16
SECTION 16: EXISTING UNCOVERED AREAS . . . . . . . 16
SECTION 17: PERMITS . . . . . . . . . . . . 16-17
SECTION 18: EROSION AND SEDIMENTATION CONTROL PLANS 17-20
SECTION 19: APPEALS . . . . . . . . 20-21
SECTION 20: INSPECTIONS AND INVESTIGATIONS 21-23
SECTION 21: PENALTIES . 23-25
SECTION 22: INJUNCTIVE RELIEF . . . . . . . 25
SECTION 23 : SEVERABILITY 25
. SECTION 24: REVISIONS . . . . . . . 25
SECTION 25: EFFECTIVE DATE 26
.
ORDINANCE NO.
AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION
AND SEDIMENTATION
NOW, THEREFORE, BE IT ORDAINED by the Board of
Commissioners of the County of New Hanover.
Section 1 Title
This ordinance may be cited as the New
County Soil Erosion and Sedimentation
Ordinance.
Hanover
Control
Section 2 Purposes
This ordinance is adopted for the purposes 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.
Section 3 Definitions
As used in this ordinance, unless the
clearly indicates otherwise, the
definitions apply:
context
following
A. Accelerated Erosion - means any increase over
the rate of natural erosion as a result of
land-disturbing activity.
B. Act - means the North Carolina Sedimentation
Pollution Control Act of 1973 and all rules
and orders adopted pursuant to it.
C. Adequate Erosion Control Measures, Structure,
or Device- means one which controls the soil
material within the land area under
responsible control of the person conducting
the land-disturbing activity.
.
D.
Being Conducted
activity has been
means a land-disturbing
initiated and permanent
1
. stabilization of the site has not be
completed.
E. Borrow means fill material which is
required for on-site construction and is
obtained from other locations.
F. Buffer Zone - means the strip of land
adjacent to a lake or natural watercourse,
tMe/wl~tM/0f/wMltM/ls/meas~te~/ft0m/tMe/e~~e
0f /tMe /watet /to /tMe /rieatest /e~~e /0f /tMe
~lstt~~e~/atea'/wltM/tMe/twerityfflwe/petterit
(2g~4/0f/tMe/sttlp/rieatet/tMe/lari~f~lst~t~lri~
attlwlty//t0ritalrilri~//riat~tal//0t//attlfltlal
mearis/0f/t0riflrilri~/wlsl~le/slltatI0ri'
G. Coastal Counties means 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.
H.
.
J.
Commission means the North
Sedimentation Control Commission.
Carolina
1.
Completion of Construction or Development-
means that no further land-disturbing
activity is required on a phase of a project
except that which is necessary for
establishing a permanent ground cover.
Department means the
Department of Environment,
Natural Resources.
North Carolina
Health, and
K. Director - means the Director of the Division
of Land Resources of the Department of
Environment, Health, and Natural Resources.
L. Discharqe Point - means that point at which
runoff leaves a tract of land.
M. District - means the New Hanover County Soil
and Water Conservation District created
pursuant to Chapter 139, North Carolina
General Statutes.
N.
.
Enerqy Dissipator - means 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.
2
.
o.
Erosion - means the wearing away of land
surface by the action of wind, water,
gravity, or any combination thereof.
P. Ground Cover - means any natural vegetative
growth or other material which renders the
soil surface stable against accelerated
erosion.
Q. Hiqh Quality Waters - means those classified
as such in 15A NCAC 2B.OI0l(e) (5) - General
Procedures, which is incorporated herein by
reference to include further amendments
pursuant to G.S. 150B-14(c).
R. Hiqh Quality Water (HQW) Zones - means 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 and drain to HQW's.
S.
Lake or Natural Watercourse means any
stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary,
and any reservoir, lake or pond, natural or
impounded, in which sediment may be moved or
carried in suspension, and which could be
damaged by accumulation of sediment.
.
T. Land-disturbinq Acti vi ty - means any use of
the land by any person in residential,
industrial, educational, institutional, or
commercial development, highway and road
construction and maintenance that results in
a change in the natural cover or topography
and that may cause or contribute to
sedimentation.
u. Local Government means 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.
v. Natural Erosion - means the wearing away of
the earth's surface by water, wind, or other
natural agents under natural environmental
conditions undisturbed by man.
.
3
.
w.
Person - means any individual, partnership,
firm, association, joint venture,
private corporation, trust,
commission, board, public or
institution, utility, cooperative,
body, or other legal entity.
public or
estate,
private
interstate
X. Person Responsible for the Violation - as
used in this Ordinance, and G. S. 113A-64
means.
(1) the developer or other person who has or
holds himself out as having financial or
operational control over the land-
disturbing activity; ari~/or
.
(2) the landowner or person in possession or
control of the land when he has directly
or indirectly allowed the land-
disturbing activity or has benefitted
from it or he has failed to comply with
any provision of this Ordinance, the
Act, or any order adopted pursuant to
this Ordinance or the Act as imposes a
duty upon him.
Y.
Person Conductinq Land-Disturbinq Activity -
means 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.
z. Phase of Grading - means one of two types of
grading, rough or fine.
AA. Plan means an erosion and sedimentation
control plan.
BB. Sediment means 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.
CC. Sedimentation - means 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.
.
4
.
DD. Siltation means sediment resulting from
accelerated erosion which is able to settle
or removable by properly designed,
constructed, and maintained control measures;
and which has been transported from its point
of origin wi thin the si te of a
land-disturbing activity; and which has been
deposited, or is in suspension in water.
EE. Storm Drainage Facilities - means the system
of inlets, conduits, channels, ditches and
appurtenances which serve to collect and
convey storm water through and from a given
drainage area.
FF. Storm Water Runoff - means the direct runoff
of water resulting from precipitation in any
form.
.
GG. Ten-Year Storm means the surface runoff
resulting from a rainfall of an intensity
expected to be equalled or exceeded, on the
average, once in ten years, and of a duration
which will produce the maximum peak rate of
runoff, for the watershed of interest under
average antecedent wetness conditions.
HH. Tract - means all contiguous land and bodies
of water iri/~rie/~wriet3Mipl/~t/t~riti~~~~3/lari~
ari~ /~~~ie3 /~f /watet /iri /~iwet3e /~wriet3Mip
~eiri~//~ewel~pe~//a3//a//~riitl//altM~~~M//ri~t
riete33atilt/all/at/~rie/time being disturbed
or to be disturbed as a unit, regardless of
ownership.
II. Twenty-five Year Storm - means the surface
runoff resulting from a rainfall of an
intensity expected to be equalled or
exceeded, on the average, once in 25 years,
and of a duration which will produce the
maximum peak rate of runoff, from the
watershed of interest under average
antecedent wetness conditions.
JJ. Uncovered - means the removal of ground cover
from, on, or above the soil surface.
.
KK. Undertaken means 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.
LL. Velocity - means the average velocity of flow
through the cross section of the main channel
5
.
MM.
NN.
at the peak flow of the storm of interest.
The cross section of the main channel shall
be that area defined by the geometry of the
channel plus the area of flow below the flood
height defined by vertical lines at the main
channel banks. Overload flows are not to be
included for the purpose of computing
velocity of flow.
Waste means surplus materials resulting
from on-site construction and disposed of at
other locations.
Working Days means days exclusive of
Saturday and Sunday during which weather
conditions or soil conditions permit
land-disturbing activity to be undertaken.
Section 4 Scope and Exclusions
This ordinance shall
activities undertaken
following exclusions:
.
A.
B.
.
apply
by any
to land-disturbing
person, with the
those undertaken on agricultural land for the
production of plants and animals useful to
man, including but not limited to: forage
and sod crops, grain and feed crops, tobacco,
cotton and peanuts; dairy animals and dairy
products; poultry and poultry products;
livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats,
including the breeding and grazing of any or
all such animals; bees and apiary products
fur animals; and
those undertaken on forest land for the
production and harvesting of timber and
timber products and which are conducted in
accordance with Forest Practice Guidelines
Related to Water Quality (best management
practices) as adopted by the Department. If
land-disturbing activity undertaken on forest
land for the production and harvesting of
timber and timber products is not conducted
in accordance with Forest Practice Guidelines
Related to Water Quality, the provisions of
this ordinance shall apply to such activity
and any related land-disturbing acti vi ty on
the tract; and
6
.
C.
activity undertaken by
G.S. 113 A-52 (8)
regulated by the
Mining Act of 1971,
G. S. 74-68; and
persons as defined in
who are otherwise
provisions of The
G. S. 74-46 through
D. land-disturbing activity over which the State
has exclusive regulatory jurisdiction as
provided in G.S.113A-56(a).
Section 5 General Requirements
A. Plan Required - No person shall initiate any
land-disturbing activity which uncovers more
than one i1Z5ntl~~(zhiz acre without having an
erosion control plan approved by the County.
B. Protection of Property - Persons conducting
land disturbing activity shall take all
reasonable measures to protect all public and
pri vate property from damage caused by such
activity.
C.
.
More Restrictive Rules Shall Apply - Whenever
conflicts exist between federal, state, or
local laws, ordinances, or rules, the more
restrictive provision shall apply.
D. Building Permits - No building permit, unless
excluded by Section 17 of this Ordinance,
shall be issued without an erosion control
sign-off pursuant to G.S. 153A-357 and
160A-417 as amended.
e
G
.
Inspections Any and all applicable
intermediate inspections may be withheld 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.
Bui lding Finals - *16 /16~ll!2iln~ / f lnalz / zMal1
16e / lzz~e!2il /~nlezz / eiil~!2ie!2i /161 /Seitl1Z5n /17 /1Z5f
tMlz 10t!2ilnaniel IwltMIZ5~t laPi let1Z5zl1Z5Pi li(6Pitt1Z51
zl~Pif(6ff' Building finals and/or
certificate of occupancies 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 6 Basic Control Objectives
An erosion and sedimentation control plan may be
disapproved pursuant to Section 18 of this
ordinance if the plan fails to address the
following control objectives:
A. Identify Critical Areas - On-site areas which
are subject to severe erosion, and off-site
areas which are especially vulnerable to
damage from erosion and/or sedimentation are
to be identified and receive special
attention.
B. Limit Time of Exposure - All land-disturbing
activity is to be planned and conducted to
limit exposure to the shortest feasible time.
C. Limi ted Exposed Area - 'All land-disturbing
activity is to be planned and conducted to
minimize the size of the area to be exposed
at anyone time.
D.
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.
.
E.
Control Sedimentation All land-disturbing
activity is to be planned and conducted so as
to prevent off-site sedimentation damage.
F. Manaqe Storm Water Runoff - When the increase
in the velocity of storm water runoff
resulting from a land-disturbing activity is
sufficient to cause accelerated erosion of
the receiving watercourse, plans are to
include measures to control the velocity to
at the point of discharge so as to minimize
accelerated erosion of the site and increased
sedimentation of the stream.
Section 7 Mandatory Standards for Land-Disturbinq Activity
No land-disturbing activity subject to the control
of this ordinance shall be undertaken except in
accordance with 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
.
8
.
.
.
margin of the water-course of sufficient
width to confine visible siltation
within the twenty-five percent (25%) of
the buffer zone nearer the
land-disturbing activity. Waters that
have been classified as trout waters by
the Environmental Management Commission
shall have an undisturbed buffer zone 25
feet wide or of sufficient width to
confine visible siltation within the
twenty-five percent (25%) of the buffer
zone nearest the land-disturbing
activity, whichever is greater.
Provided, however, that New Hanover
County may approve plans which include
land-disturbing activity along trout
waters when the duration of said
disturbance would be temporary and the
extent of said disturbance would be
minimal. This subdivision shall not
apply to a land-disturbing acti vi ty in
connection with the construction of
facilities to be located on, over, or
under a lake or natural watercourse.
2 .
Unless otherwise provided, the width of
a buffer zone is measured from the edge
of the water to the nearest edge of the
disturbed area, with 25 percent of the
strip nearer the land-disturbing
activity containing natural or
artificial means of confining visible
siltation.
3 . The 25 foot minimum width for an
undisturbed buffer zone adjacent to
designated trout waters shall be
measured horizontally from the top of
the bank.
4.
Where a temporary and minimal
disturbance is permitted as an exception
by Section 7 (a) (1) of this ordinance,
land-disturbing activities in the buffer
zone adjacent to designated trout waters
shall be limited to a maximum of 10% of
the total length of the buffer zone
within the tract to be distributed such
that there is not more than 100 linear
feet of disturbance in each 1,000 linear
feet of buffer zone. Larger areas may
be disturbed with the written approval
of the Director.
9
.
5.
No land-disturbing activity shall be
undertaken within a buffer zone adjacent
to designated trout waters that will
cause adverse temperature fluctuations,
as set forth in 15 NCAC 2B.0211 "Fresh
Surface Water Classification and
Standards", in these waters.
B. Graded Slopes and Fills The angle for
graded slopes and fills shall be no greater
than the angle, from zero to nineteen
degrees, which can be retained by vegetative
cover; only when approved by the County may
slopes be steeper than two foot of run to one
foot of rise, or other adequate erosion
control devices or structures. In any event,
slopes left exposed will, within 30 working
days of completion of any phase of grading,
be planted or otherwise provided with ground
cover, devices, or structures sufficient to
restrain erosion.
C.
.
.
Ground Cover Whenever land-disturbing
activity is undertaken on a tract comprising
more than one acre, if more than one
i0nti~~0~5 acre is uncovered, the person
conducting the land-disturbing activity shall
install such sedimentation and erosion
control devices and practices as 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 (b) (5) of
this ordinance, provisions for a ground cover
sufficient to restrain erosion must be
accomplished within 30 working days or 120
calendar days following completion of
construction or development whichever period
is shorter.
D.
Prior Plan Approval No person shall
initiate any land-disturbing activity on a
tract if more than one i0nti~~0~5 acre is to
be uncovered unless, thirty or more days
prior to initiating the activity, an erosion
and sedimentation control plan for such
activity is filed with and approved by the
County.
lO
.
E.
Control Measures - No person shall initiate
any land-disturbing acti vi ty which uncovers
more than one contiguous acre except for the
land-disturbing necessary to place the
planned control measures, as directed by the
County Engineering Department, prior to the
issuance of this permit.
F. Issued Permit Persons conducting a land-
disturbing activity may initiate other lanned
land-disturbance, not aforementioned in
Subsection (e) of this section, upon being
issued a permit at a pre-construction
conference with the County Engineering
Department.
Section 8 Desiqn and Performance Standards
A.
.
.
Except as provided in Section 8 (b) (2) of
this ordinance erosion and sedimentation
control measures, structures, and devices
shall be so planned, designed, and
constructed as to provide protection from the
calculated maximum peak of runoff from the
ten-year storm. Runoff rates shall be
calculated using the procedures in the USDA,
Soil Conservation Service's "National
Engineering Field Manual for Conservation
Practices", or other acceptable calculation
procedures.
B.
In High Quality Water (HQW) zones,
following design standards shall apply:
the
1. Uncovered areas in HQW zones shall be
limi ted at any time to a maximum total
area within the boundaries of the tract
of 20 acres. 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.
2.
Erosion and sedimentation control
measures, structures, and devices within
HQW zones shall be so planned, designed
and constructed to provide protection
from the run off of the 25-year storm
which produces the maximum peak rate of
run off as calculated according to
procedures in the United States
Department of Agriculture Soil
Conservation Service's "National
11
.
.
Engineering Field Manual for
Conservation Practices" or according to
procedures adopted by any other agency
of this state or the United States or
any generally recognized organization or
association.
3 .
Sediment basins within HQW zones shall
be designed and constructed such that
the basin will have a settling
efficiency of at least 70% for the 40
micron (0.04 rom) size soil particle
transported into the basin by the runoff
of that two-year storm which produces
the maximum peak rate of run off as
calculated according to procedures in
the United States Department of
Agriculture Soil Conservation Services
"National Engineering Field Manual for
Conservation Practices" or according to
procedures adopted by any other agency
of this state or the United States or
any generally recognized organization or
association.
4.
Newly constructed open channels in HQW
zones shall be designed and constructed
wi th side slopes no steeper than three
horizontal 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 acceptable ditch liners. In
any event, the angle for side slopes
shall be sufficient to restrain
accelerated erosion.
5. Ground cover sufficient to restrain
erosion must be provided for any portion
of a land-disturbing acti vi ty in a HQW
zone within 15 working days or 60
calendar days following completion of
construction or development, whichever
period is shorter.
Section 9 Storm Water Outlet Protection
A.
.
Persons shall conduct land-disturbing
acti vi ty so that the post construction
velocity of the ten-year storm run off in the
receiving watercourse to the discharge point
does not exceed the greater of:
12
.
1.
the velocity established by the table in
Paragraph (d) of this Section; or
2. the velocity of the ten-year storm run
off in the receiving watercourse prior
to development.
If conditions (1) or (2) of this
Paragraph cannot be met, then the
receiving watercourse 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%.
B.
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 Commission recognizes that
the management of stormwater 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 are to:
.
(1) avoid increases in surface runoff volume
and velocity by including measures to
promote infiltration to compensate for
increased runoff from areas rendered
impervious.
( 2 )
avoid increases
velocities by
roughened swales
of closed drains
sections.
in stormwater discharge
using vegetated or
and waterways in lieu
and high velocity paved
(3) provide energy dissipators at outlets of
storm drainage facilities to reduce flow
velocities at to the point of discharge.
These may range from simple rip-rapped
sections to complex structures.
.
(4) protect watercourses subject to
accelerated erosion by improving cross
sections and/or providing erosion-
resistant lining.
/
13
.
c.
Exceptions - This rule shall not apply where
it can be demonstrated that stormwater
discharge velocities will not create an
erosion problem in the receiving watercourse.
D.
The following is a
permissible velocity
discharges:
table
for
for
storm
maximum
water
Maximum permissible velocities
Material
.
Fine sand (noncolloidal)
Sandy loam (noncolloidal)
Silt loam (noncolloidal)
Ordinary firm loam
Fine gravel
Stiff clay (very colloidal)
Graded, loam to cobbles
(noncolloidal)
Graded, silt to cobbles
(colloidal)
Alluvial silts (noncolloidal)
Alluvial silts (colloidal)
Coarse gravel (noncolloidal)
Cobbles and shingles
Shales and hard pans
F.P.S.
M.P.S.
2.5
2.5
3.0
3.5
5.0
5.0
5.0
. 8
. 8
. 9
1.1
1.5
1.5
1.5
5.5
1.7
3.5
5.0
6.0
5.5
6.0
1.1
1.5
1.8
1.7
1.8
Source- Adapted from recommendations by Special
Committee on Irrigation Research, American Society
of Civil Engineers, 1926, for channels with
straight alignment. For sinuous channels,
mul tiply allowable velocity by 0.95 for slightly
sinuous, by 0.9 for moderately sinuous channels,
and by 0.8 for highly sinuous channels.
Section 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, and
waste areas for surplus materials other than
landfills regulated by the Department's Division
of Solid Waste Management shall be considered as
part of the land-disturbing activity where the
borrow material is being used or from which the
waste material originated. 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-disturbing activity.
.
14
.
Section 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 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 disturbance of the stream channel.
The relocation of a stream, where relocation is an
essential part of the proposed activity, shall be
planned and executed so as to minimize changes in
the stream flow characteristics, except when
justification for significant alteration to flow
characteristic is provided.
Section 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 or the Act. After site
development, the land owner or person in
possession or control of the land shall install
and/or 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 14 Additional Measures
Whenever the County determines that significant
sedimentation is occurring as a result of land-
disturbing acti vi ty, despite application and
maintenance of protective practices, the person
conducting the land-disturbing activity will be
required to and shall take additional protective
action.
Section 15 Areas Not Otherwise Covered
.
Notwithstanding previous provisions when
determined that severe off-site erosion
sedimentation ocCur as a result of any
disturbing activity, regardless of the size
it is
and/or
land-
of the
15
.
site, remedial action shall be taken within a
reasonable time period after notification.
Notification of violation shall be submitted
in writing by the County Engineering
Department and receipted by the owner or
agent responsible for the damage.
Section 16 Existinq Uncovered Areas
A. All uncovered areas existing on the effective
date of this ordinance which resulted from
land-disturbing activity, exceed one
i~rltiij~~~3 acre, are subject to continued
accelerated erosion, and are causing off-site
damage from sedimentation, shall be provided
with a ground cover or other protective
measures, structures, or devices sufficient
to restrain accelerated erosion and control
off-site sedimentation.
.
C.
B.
The County will serve upon the landowner or
other person in possession or control of the
land a written notice of violation by
registered or certified mail, return receipt
requested, or other means reasonably
calculated to give actual notice. The notice
will set forth the measures needed to comply
and will state the time wi thin which such
measures must be completed. In determining
the measures required and the time allowed
for compliance, the authority serving notice
shall take into consideration the economic
feasibility, technology, and quantity of
work required, and shall set reasonable and
attainable time limits of compliance.
The County reserves the right to
preparation and approval of an
control plan in any instance where
control measures are required.
require
erosion
extensive
D. This rule shall not require ground cover on
cleared land forming the future basin of a
planned reservoir.
Section 17 Permits
.
A.
No person shall undertake any land-disturbing
activity subject to this ordinance without
first obtaining a permit therefore from the
County, except that no permit shall be
required for any land-disturbing activity:
16
.
(1) for the purpose of fighting fires; or
(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, i~rltiij~~~3 lands under one or
di verse 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.)
B. The County has established the following rate
schedule for the permit fee:
Acres
Fee
Acres
Fee
.
1. 00-1. 49
1.50-2.49
2.50-3.49
3.50-4.49
4.50-5.49
$25.00
$50.00
$75.00
$100.00
$125.00
5.50- 6.49
6.50- 7.49
7.50- 8.49
8.50- 9.49
9.50-10.00
$150.00
$175.00
$200.00
$225.00
$250.00
Over ten (10) acres additional $50 per acre
Section 18 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
is to be undertaken on a tract comprising
more than one acre, if more than one
i~rltiij~~~3 acre is to be uncovered.
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
on a tract which covers one
i~rltiij~~~3 acres
activity
or more
17
.
C.
.
.
shall file three copies of the erosion
control plan with the County at least 30 days
prior to beginning such activity and shall
keep another copy of the plan on file at the
job site. After approving the plan, if the
County either upon review of such plan or on
inspection of the job site, determines that a
significant risk of accelerated erosion or
off-site sedimentation exists, the County
will require a revised plan. Pending the
preparation of the revised plan, work shall
cease or shall continue under conditions
outlined by the appropriate authority.
Erosion control plans may be disapproved
unless accompanied by an authorized statement
of financial responsibility and ownership.
This statement shall be signed by the person
financially responsible for the
land-disturbing acti vi ty or his attorney in
fact. The statement shall include the
mailing and street addresses of the principal
place of business of the person financially
responsible and of the owner of the land or
their 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
Non-Compliance with the plan, the Act, this
ordinance, or rules or orders adopted or
issued pursuant to this ordinance.
D. The New Hanover Soil and Water Conservation
District and the County Planning Department
within 20 days of receipt of any plan, or
within such additional time as may be
prescribed by the County Engineering
Department, 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 wi thin 20 days
or within the prescribed additional time will
not delay final action on the plan.
E.
The County will review each complete plan
submitted to them and within 30 days of
receipt thereof will notify the person
submi tting the plan that it has been
approved, approved with modifications,
approved with performance reservations, or
disapproved. Failure to approve or
18
.
F.
.
disapprove a complete erosion and
sedimentation control plan within 30 days of
receipt shall be deemed approval. Denial of
a plan must specifically state in writing the
reasons for denial. The County must approve
or deny 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 this ordinance,
the County may require such revisions as are
necessary to comply with this ordinance.
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.) 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 Section 18 (e) of this ordinance
shall not begin until a complete
environmental document is available for
review.
G. The plan required by this section shall
contain architectural and 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.
.
H.
An erosion control plan may be disapproved
upon a finding that an applicant, or any
parent or subsidiary corporation if the
applicant is a corporation:
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 the Act 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 Act or a local
19
3 .
ordinance adopted pursuant to the Act
which is due and for which no appeal is
pending;
has been convicted of a misdemeanor
pursuant to G. s. 113A-64 (b) or any
criminal provision of a local ordinance
adopted pursuant to the Act or;
.
4. has failed to substantially comply with
State rules or local ordinances and
regulations adopted pursuant to the Act.
For purposes of this subsection (H) an
applicant's record may be considered for only
the two years prior to the application date.
I. 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 acti vi ty
shall not proceed except in accordance with
the erosion control plan as originally
approved.
.
J.
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 the
ordinance.
Section 19 Appeals
A. Except as provided in Section 19 (b) of this
ordinance 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 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 New Hanover
County Engineer within ten days after
20
.
.
the date of the appeal or request for a
hearing.
3.
The New Hanover County Engineer shall
make recommendations to the Board of New
Hanover County Commissioners, within ten
days after the date of the hearing on
any erosion control plan.
4.
The Board of New Hanover County
Commissioners will render its final
decision on any erosion control plan
upon which a hearing is requested within
30 days of conducting the hearings.
5.
If the County, upholds the disapproval
or modification of a proposed soil
erosion and sedimentation control plan
following the hearing, the person
submitting the plan shall then be
entitled to appeal the New Hanover
County decision to the North Carolina
Sedimentation Control Commission as
provided in Section 113A-61(c) of the
General Statutes and Title 15 NCAC 4B
.0018(b).
B. In the event that an erosion control plan is
disapproved pursuant to Section 18 (h) of
this ordinance, the County shall notify the
Director of the Division of Land Resources of
such disapproval within ten days. The County
shall advise the applicant and the Director
in writing as to the specific reasons that
the plan was disapproved. The applicant may
appeal the County disapproval of the plan
pursuant to Section 18 (h) of this ordinance
directly to the Commission.
Section 20 Inspections and Investiqations
Agents and officials, or other qualified
persons authorized by the County, will
periodically inspect the sites of land-
disturbing activity to determine compliance
with the Act, this ordinance, or rules or
orders adopted or issued pursuant to this
ordinance, and to determine whether the
A.
.
activity is being conducted in accordance
with an approved plan and whether the
measures required in the plan are effective
21
.
.
.
in controlling erosion and sediment resulting
from land-disturbing activity. Notice of the
right to inspect shall be included in the
notification of plan approval.
B.
If, through inspection, it is determined that
a person engaged in land-disturbing activity
has failed to comply with the Act, this
ordinance, or rules or orders adopted or
issued pursuant to this ordinance, or has
failed to comply with an approved plan, a
notice of violation shall be served upon that
person by registered or certified mail or
other means reasonably calculated to give
actual notice. The notice shall set forth
the measures necessary to achieve compliance
with the plan, specify a reasonable time
period within which such measures must be
completed, 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. 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. If the person engaged in
land-disturbing activity fails to comply
within the time specified, enforcement action
shall be initiated.
C. The County, shall have the 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
representati ve or agent of the County, who
requests entry for purposes of inspection,
and who presents appropriate credentials, nor
shall any person obstruct, hamper, or
interfere with any such representative while
in the process of carrying out his official
duties.
22
.
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.
Section 21 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 who initiates or
continues a land-disturbing activity for
which an erosion control plan is
required except in accordance with the
terms, conditions, and provisions of an
approved plan, shall be subject to a
civil penalty of not more than $500.00,
except that the penalty for failure to
submit an erosion control plan shall be
as provided in Subdivision (3) of this
subsection. No penalty shall be
assessed until the person alleged to be
in violation has been notified of the
violation by registered or certified
mail, return receipt requested, or other
means reasonably calculated to give
actual notice. The notice shall
describe the violation with reasonable
particularity, specify a reasonable time
period wi thin which the violation must
be corrected, and warn that failure to
correct the violation wi thin the time
period will result in the assessment of
a civil penalty or other enforcement
action. 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
receipt of the notice of 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.
.
(2) The governing body of the County, shall
determine the amount of the civil
23
.
penal ty to be assessed under this sub-
section and shall make written demand
for payment upon the person in
violation, and shall set forth in detail
a description of the violation for which
the penalty has been imposed. In
determining the amount of the penalty
the governing body shall consider the
degree and extent of harm caused by the
violation and the cost of rectifying the
damage. Notice of the assessment
shall be by registered or certified
mail or other means reasonably
calculated to give actual notice.
If payment is not received or
equitable settlement reached within
30 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 the
appropriate division of the General
Courts of Justice for recovery of
the penalty. Such civil actions
must be filed within three (3)
years of the date the final
decision was served on the
violator.
.
( 3)
Any person who fails to submit an
erosion control plan for approval as
required by this ordinance shall be
subject to a single, noncontinuing civil
penal ty of not more than one thousand
dollars ($1,000). Any person who is
subject to a civil penalty under this
subdivision may be subject to additional
civil penalties for violation of any
other provision of this ordinance, or
rules or orders adopted or issued
pursuant to this ordinance.
( 4 )
Civil penalties collected pursuant to
this ordinance shall be used or
disbursed as directed by G.S.113A-64(a).
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
24
.
required except in accordance with terms,
conditions, and provisions of an approved
plan, shall be guilty of a misdemeanor
punishable by imprisonment not to exceed 90
days, or by a fine not to exceed $5,000 or by
both, in the discretion of the court.
Section 22 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 erosion control
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 New Hanover
County.
B.
Upon determination by a court that an alleged
violation is occurring or is threatened, it
shall enter such orders or judgments as are
necessary to abate the violation 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 23 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 24 Revisions
The County shall incorporate revisions required by
the Commission within eight (8) months following
receipt of the required revisions. If standards
and provisions of this ordinance currently meet or
exceed the required revisions, the Commission
shall be so notified with 90 days of their
receipt.
.
25
.
Section 25 Effective Date
ADOPTED this
day of
19
NEW HANOVER COUNTY
By:
Title:
ATTEST:
Clerk
.
County Attorney
.
26
NEW HANOVER COUNTY
BOARD OF EQUALIZA TION AND REVIEW
OATH OF OFFICE
I, William A. Caster, do solemnly swear (or affirm) that
I will support the constitution of the United States, and the
Constitution and Laws of North Carolina not inconsistent
therewith, and that I will faithfully discharge the duties of my
office as a member of the New Hanover County Board of
Equalization and Review; and that I will not allow my actions
as a member of the Board of Equalization and Review to be
influenced by personal or political friendships or obligations; so
help me God.
'2)~ 0 ~
William A. Caster
Subscribed and sworn to before me
this the 19th day of April, 1993
~~X7/ ~<'~ ~
C k to the Board
NEW HANOVER COUNTY
BOARD OF EQUALIZA TION AND REVIEW
OA TH OF .OFFICE
I, Sandra Barone, do solemnly swear (or affirm) that I will
support the constitution of the United States, and the
Constitution and Laws of North Carolina not inconsistent
therewith, and that I will faithfully discharge the duties of my
office as a member of the New Hanover County Board of
Equalization and Review; and that I will not allow my actions
as a member of the Board of Equalization and Review to be
influenced by personal or political friendships or obligations; so
help me God.
~:4~
, -- Sandra Barone
Subscribed and sworn to before me
this the 19th day of April, 1993
~,N/ ~R~
C; rk to the Board
NEW HANOVER COUNTY
BOARD OF EQUALIZA TION AND REVIEW
OA TH OF OFFICE
I, William E. Sisson, Jr., do solemnly swear (or affirm)
that I will support the constitution of the United States, and
the Constitution and Laws of North Carolina not inconsistent
therewith, and that I will faithfully discharge the duties of my
office as a member of the New Hanover County Board of
Equalization and Review; and that I will not allow my actions
as a member of the Board of Equalization and Review to be
influenced by personal or political friendships or obligations; so
help me God.
,
~I
William E. Sisson, Jr.
\
I
"-
Subscribed and sworn to before me
this the 19th day of April, 1993
C~,~,~/' Yy{LYJ?J~
c~ to the Board