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HomeMy WebLinkAbout1993-04-19 RM Exhibits //1 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. resolute.wp /f3 " INTRODUCED BY: Allen O'Neal, County Manager ~ , 'DATE: April 19, 1993 ~ 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 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: 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. ) - ~ t. /D y 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. v /~ 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 . . . ~ 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 -, ------ . . . ~ Iff 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.::.:> I " 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. ~J.j~~ 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 . . . " 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. \,./r.. . :o.l....).." . ~ .~~)) I'I'.~ ~"~'Y:.'..:>.'" . .". ;',~ ,~ . . ".....-1 ..~~;..i ~~..~~ I,. '" ,i " ~.-:' ~LM~ Robert G. Greer, Chairman ArrEST: ~ \(;/ ;y/4#-{!- 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 kn~ ~~eq. ~w.~~.~ .......7 . '." .- ,,:'~ ."':""'l, Commissioner Commissioner ''''~'1l',. c" , ''-I\IL_, \~ ~\,i)\'i,d~~ ~~(~1':#\\1'\1~:" ....\\,\f ~ ~<!H1t,; ~',~ -. Q'l:I;.' \~-i-' \ . ' ,t t); '1!!' j~,.A,! J '-.::,' '(~:l"\?~';~':\~l7 !!:/r '~~ ,.:'. tr~ .:;' I.~ tr '(l.,~ ';, \~ If)" . ~.~ )W::5f~ ,', . ,..:;.-:;',. .'..:' , :;;!r~;~.,~,S!. , :.i.J~Y" 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. resolute.wp ~' . . . '\ 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 . . . 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 . NEW HANOVER COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE . . . 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