1993-11-01 RM Exhibits
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover
adopted October 6, 1969, as amended be and the same is hereby
further amended as follows:
Add
Section 69-16 Adult Entertainment Establishment:
Any adult entertainment establishment as defined herein
which does not comply with the requirements of this
ordinance shall be discontinued or made conforming wi thin
twelve months from the effective date of this amendment.
Section 2. Any ordinance or part of any ordinance in conflict with
this ordinance, to the extent of such conflict is hereby
repealed.
Section 3. This ordinance is adopted in the interest of public
health, safety, morals, and general welfare of the inhabitants
of the County of New Hanover, North Carolina, and shall be in
full force and effect from and after its adoption.
Adopted this 1st day of November, 1993.
/}(LJ~
Robert G. Greer, Chairman
Attest:
~~~~ ~
C erk to the Board
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY. ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
KIRBY SMITH DRIVE AND BRAEMAR LANE,
KINGSLAND SUBDIVISION
WHEREAS, the attached petition has been filed with the Board of County
commissioners of the county of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
1st day of November , 1993.
d~!T~~S ry hand and official seal this the ~
y~ ' 1993.
day of
~~~.
Luc e F. Harrell, Clerk
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
SNAPPER LANE, WILMINGTON BEACH
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
1st day of November , 1993.
,p~ITN~SS my hand and official seal this the ~~
7~..J , 1993.
day of
Board of
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
WALNUT HILLS SUBDIVISION
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above described
road(s), the location of which has been indicated in red on the attached map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s)
meets minimum standards and criteria established by the Division of Highways of
the Department of Transportation for the addition of roads to the system.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County
of New Hanover that the Division of Highways is hereby requested to review the
above described road(s), and to take over the road(s) for maintenance if they
meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of
Commissioners of the County of New Hanover at a meeting on the
1st day of November , 1993.
~y
hand and official seal this the
, 1993.
~~
day of
~'s.~A
Lu . f? F. Harrell, Clerk ---
New Hanover County Board of
Commissioners
Form SR-2
Please Note: Forward direct to the District Engineer, Division of Highways.
resolute.wp
RESOLUTION
BY
THE COUNTY OF NEW HANOVER
WHEREAS, in North Carolina the Lead Regional Organizations, as
voluntary organizations serving municipal and county governments,
have established productive working relationships with the cities
and counties across this state; and
WHEREAS, the 1993 General Assembly recognized this need through the
appropriation of $864,270 to help the Lead Regional organizations
assist local governments with grant applications, economic
development, community development, and to support local industrial
development activities and other activities as deemed appropriate
by their local governments; and
WHEREAS, these funds are not intended to be used for payment of
member dues or assessments to a Lead Regional organization or to
supplant funds appropriated by the member governments; and
WHEREAS, in the event that a request is not made by June 30, 1994
for release of these funds to our Regional Council, the available
funds will revert to state's general funds; and
WHEREAS, in Region 0, funds in the amount of $48,015 will be used
to/for prepare community development and land use plans, zoning
ordinances, economic development/revitalization plans and grants,
and provide other technical assistance to local governments;
NOW, THEREFORE BE IT RESOLVED, that the County of New Hanover
requests the release of its share of these funds, $13,424.49, to
the Cape Fear Council of Governments at the earliest possible time
in accordance with the provisions of Chapter 321, Senate Bill 27,
section 39 of the 1993 Session Laws.
witnessed this the~ day of ~), 1993 by:
1Z~
Signature-Chief Elected Official
ORI
Clerk to the Board of Commissioners'
Title
Chairman of the Board
!J.&w :J{anover County :Board of Commissioners
~so[ution
DESIGNATION OF CAPE FEAR RIVER TRAIL
WHEREAS, numerous citizens of New Hanover County use the Cape Fear River and its
adjacent streams for the purpose of recreational outings; and
WHEREAS, this river and adjacent streams now exist in a state which makes them
attractive as scenic trails;
NOV\!, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners supports the designation of the Cape Fear River and adjacent streams in or
bordering New Hanover County as the Cape Fear River Trail.
Adopted this the 1st day of November, 1993.
2Jd;6~
Robert G. Greer, Chairman
Attest:
''''\
~
STATE OF NORTH CAROLINA )
)
NEW HANOVER COUNTY )
I, Lucie F. Harrell, Clerk to the Board of Commissioners of New Hanover County, DO
HEREBY CERTIFY, as follows:
1. A regular meeting of the Board of Commissioners of the County of New Hanover,
a county in the State of North Carolina, was duly held on November 1, 1993, proper notice of
said meeting having been given as required by North Carolina statutes, and minutes of said
meeting have been duly recorded in the Min~te Book kept by me in accordance with law for the
purpose of recording the minutes of said Board.
2. I have compared the attached extracts with said minutes so recorded and said
extracts, including the resolution incorporated therein, are a true copy of said minutes and of the
whole thereof insofar as said minutes relate to matters referred to in said extracts.
3. Said minutes correctly state the time when said meeting was convened and the
place where such meeting was held and the members of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the
corporate seal of said County, this~ day of November, 1993.
~.. J~
( . '(7..' /tt/YU/!A ~
Cler , Board of Commissioners
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of New Hanover County (the "Board")
was duly held on November 1, 1993, at the place established for the Board's regular meetings
in Wilmington, North Carolina, and the following members were present and absent:
Robert G. Greer, Chairman
PRESENT: E.L. Mathews, Jr., Vice-Chairman
Sandra Barone
William A. Caster
William Sisson
ABSENT:
None
The Chairman of the Board stated that one of the purposes of the meeting was to consider
and take action on a Bond Resolution authorizing the issuance of special obligation bonds of the
County secured by and payable from EMS fees, inspection fees, municipal tax collection fees and
inventory tax reimbursements.
Commissioner Caster
introduced the Bond Resolution entitled "BOND
RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION BONDS OF
THE COUNTY OF NEW HANOVER AND PROVIDING FOR THE SECURING THEREOF ,"
a copy of which with draft dated October 20, 1993 was submitted to the meeting, and moved that
it be adopted with such revisions as the Chairman or Vice Chairman of the Board and the Clerk
to the Board, with the advice of counsel, may deem necessary and appropriate.
Following discussion of the Bond Resolution, Commissioner Mathews
seconded the
motion and the Bond Resolution was adopted by the following vote:
Robert G. Greer, Chairman E.L. Mathews,
Sandra Barone
William A. Caster
William Sisson
Jr., Vice-Chairman
AYES:
NAYS:
NOOE
***************
The Chairman of the Board advised the members of the Board that the next order of
business was to consider and take action on a resolution authorizing the execution and delivery
of a Bond Purchase Agreement and an Official Statement relating to the sale of special obligation
bonds (the "Bonds") of the County authorized by the Bond Resolution adopted on the date
hereof.
Commissioner Si sson
introduced the following Resolution which was read
at length:
RESOLUTION AUTHORIZING AND APPROVING THE FORM AND TERMS OF
THE OFFICIAL STATEMENT AND THE BOND PURCHASE AGREEMENT AND
THE EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT AND THE
BOND PURCHASE AGREEMENT AND THE DISTRIBUTION AND USE OF THE
PRELIMINARY OFFICIAL STATEMENT, THE OFFICIAL STATEMENT AND THE
BOND RESOLUTION IN CONNECTION WITH THE PUBLIC OFFERING OF THE
BONDS.
WHEREAS, the Local Government Commission of North Carolina approved the County's
Application for the issuance of the Bonds on October 5, 1993; and
WHEREAS, the Board has adopted a Bond Resolution authorizing the Bonds; and
WHEREAS, there have been submitted to the Board forms of a Bond Purchase
Agreement (draft dated October 27, 1993) among the County, the North Carolina Local
Government Commission and Craigie Incorporated and a Preliminary Official Statement dated
October 27, 1993 relating to the sale of the Bonds, and the Board desires to approve the
Preliminary Official Statement, consent to the distribution of the Official Statement and authorize
the execution and delivery of the Official Statement and the Bond Purchase Agreement;
-2-
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
1. The form, terms and provisions of the Bond Purchase Agreement relating to the
Bonds, are hereby approved, and the Chairman and Vice Chairman of the Board of the County
are hereby authorized and directed to execute and deliver the Bond Purchase Agreement in
substantially the form presented at this meeting together with such changes, modifications and
additions as they, with the advice of counsel, may deem necessary and appropriate; such
execution shall be conclusive evidence of the authorization and approval thereof by the County.
2. The form, terms and provisions of the Preliminary Official Statement are hereby
approved. The Chairman and Vice Chairman of the Board of the County are hereby authorized
and directed to execute and deliver the final Official Statement relating to the Bonds, in the form
of the Preliminary Official Statement presented at this meeting together with such changes as
reflect the results of the sale of the Bonds and such other changes, modifications, and additions
as they, with the advice of counsel, may deem necessary and appropriate; such execution and
delivery shall be conclusive evidence of the approval and authorization in all respects by the
County of the form and content thereof. The County hereby ratifies its approval of the
distribution of the Preliminary Official Statement relating to the Bonds, and approves and
consents to the use and distribution of copies of the Official Statement and the Bond Resolution
by Craigie Incorporated in connection with the public offering of the Bonds.
3. The Finance Director is hereby authorized to approve all details of the financing,
including, without limitation, the aggregate amount of the Bonds to be issued (which shall not
exceed $4,000,(00), the interest rates for the Bonds (no such interest rate to be in excess of 6%
per annum), the designation of and schedule of maturities of the Bonds (no such maturity to be
longer than 11 years), and the purchase price of the Bonds, (such price not to be less than 98%
-3-
~
of the aggregate principal amount thereof plus accrued interest). Execution of the Bond Purchase
Agreement by the Chairman or Vice Chairman, as the case may be, shall conclusively evidence
approval of all such details of the financing.
4. The Chairman, the Vice Chairman, the Finance Director and the County Attorney
are authorized to take any and all action required on the part of the County to carry out, give
effect to and consummate the transactions contemplated by the Bond Resolution, the Bond
Purchase Agreement and the Official Statement.
5. This Resolution shall take effect immediately upon its passage.
Commissioner Si sson
moved the passage of the foregoing resolution and
Commissioner Caster
seconded the motion, and the resolution was adopted
by the following vote:
Robert G. Greer, Chairman
Sandra Barone
AYES:
William A. Caster
William Sisson
NA YS: NONE
E.L. Mathews, Jr., Vice-Chairman
IDI: ra2l5ll10.1
-4-
"
,.
AN ORDINANCE
OF THE
BOARD OF COMMISSIONERS OF
NEW HANOVER COUNTY
The Board of Commissioners of New Hanover County hereby
enacts the following to be codified in Chapter 6, Business
Regulations, New Hanover County Code:
Article VI. CATV Regulations
The text of Section 6-110, Purpose, shall be repealed.
In lieu thereof the text shall read as follows:
Sec. 6-110. Purpose.
Pursuant to the Cable Television Consumer Protection
and Competition Act of 1992, New Hanover County became certified
on October 8, 1993 to regulate cable systems' rates and services
of the basic tier, which includes all "must-carry signals" and
public, educational and governmental channels, and any other
video programming a cable operator chooses to place on the basic
tier. The Board hereby finds that it will regulate basic tier
rates pursuant to regulations established by the Federal
Communications Commission and adopt Federal Communications
Commission Consumer Service Standards and Consumer Standards
adopted by the County that will further promote the interests of
its citizens.
The text of Section 6-111 Definitions shall be amended
to add the following definitions:
BASIC SERVICE TIER means the tier to which subscription
is required for access to any other tier of service. As provided
I
by the Cable Act, the basic service tier includes all local
broadcast signals carried on Grantee's system and all Public,
Educational and Governmental (PEG) signals carried on Grantee's
System, and such additional signals or services which Grantee may
offer consistent with the Cable Act and FCC regulations.
CABLE COMMUNICATIONS ACT or CABLE ACT means the Cable
Communications Policy Act of 1984 as amended by the Cable
Television Consumer Protection and Competition Act of 1992 as it
may be further amended or succeeded.
EDUCATIONAL ACCESS CHANNEL means any channel
specifically designated for use by local public and private
school authorities.
"MUST-CARRY SIGNALS" means the Cable Act requirements
that cable television operators carry certain local commercial
broadcast television stations and noncommercial television
stations on their systems.
The text of Section 6-122, Complaints, shall be
repealed. In lieu thereof the text shall read as follows:
Sec. 6-122. Consumer Service Standards and Complaints.
In accordance with the FCC Consumer Service standards,
county will regulate as follows:
1) Cable system office hours and telephone availability.
(a) Grantee will maintain a local, toll-free or collect
call telephone access line which will be available to its
subscribers 24 hours a day, seven days a week.
(i) Trained company representatives will be
available to respond to customer telephone inquiries during
normal business hours.
(ii) After normal business hours, the access line
may be answered by a service or an automated response system,
including an answering machine. Inquiries received after normal
business hours must be responded to by a trained company
representative on the next business day.
(b) Under normal operating conditions, telephone answer
time by a customer representative, including wait time, shall not
exceed thirty (30) seconds when the connection is made. If the
call needs to be transferred, transfer time shall not exceed
thirty (30) seconds. These standards shall be met no less than
ninety (90) percent of the time under normal operating
conditions, measured on a quarterly basis.
(c) The grantee will not be required to acquire
equipment or perform surveys to measure compliance with the
telephone answering standards above unless a historical record of
complaints indicates a clear failure to comply.
(d) Under normal operating conditions, the customer
will receive a busy signal less than three (3) percent of the
time.
(e) Customer service center and bill payment locations
will be open at least during normal business hours and will be
conveniently located.
2) Installations, outages, and service calls - Under normal
operating conditions, each of the following standards will be met
no less than ninety-five (95) percent of the time measured on a
quarterly basis.
2
(a) Standard installations will be performed within
seven (7) business days after an order has been placed.
"Standard" installations are those that are located up to 125
feet from the existing distribution system.
(b) Excluding conditions beyond the control of the
cable operator, the grantee will begin working on a "service
interruption" promptly and in no event later than 24 hours after
the interruption becomes known. The grantee must begin actions
to correct other service problems the next business day after
notification of the service problem.
(c) The grantee shall maintain records of all outages
affecting ten or more subscribers. Such records shall indicate
the estimated number of subscribers affected, the date and time
of first notification of the outage, the date and time service
was restored, the cause of the outage and a description of the
corrective action taken. Such records shall be available to the
County during normal business hours and retained in grantee's
files for not less than three (3) years. Upon request, a
statistical summary of such records shall be prepared by grantee
and submitted to the County annually. A system outage message
recording on the telephone system shall be provided in such
situations where the outage is projected to last more than one
hour.
(d) At least twelve (12) hours before any planned
shutdown, when possible, the grantee shall give notice of
maintenance or major equipment change-outs which result in loss
of service to a neighborhood consisting of ten (10) or more
subscribers or larger area.
(e) The "appointment window" alternatives for
installations, service calls, and other installation activities
will be either a specific time or, at a maximum, a four-hour time
block during normal business hours. (The cable operator may
schedule service calls and other installation activities outside
of normal business hours for the express convenience of the
customer.)
(f) The grantee may not cancel an appointment with a
customer after the close of business on the business day prior to
the scheduled appointment.
(g) If the grantee representative is running late for
an appointment with a customer and will not be able to keep the
appointment as scheduled, the customer will be contacted. The
appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
3) Communications between grantees and cable subscribers.
(a) Notifications to subscribers.
3
~,
1) The grantee shall provide written information on
each of the following areas at the time of installation of
service, at least annually to all subscribers, and at any time
upon request:
( i )
(ii)
(iii)
(iv)
(v)
products and services offered;
prices and options for programming
services and conditions of subscription to
programming and other services;
installation and service maintenance
policies;
instructions on how to use the cable
service;
channel positions of programming carried
on the system; and,
billing and complaint procedures,
including the address and telephone number
of the county's cable administrator.
2) Customers will be notified of any changes in rates;
programming services or channel positions as soon as possible
through announcements on the cable system and in writing. Notice
must be given to subscribers in a minimum of thirty (30) days in
advance of such changes if the change is within the control of
the grantee. In addition, the grantee shall notify subscribers
thirty (30) days in advance of any significant changes in the
other information required by the preceding paragraph.
(vi)
(b) Billing.
(i) Bills will be clear, concise and
understandable. Bills must be fully
itemized, with itemizations including, but
not limited to, basic and premium service
charges and equipment charges. Bills will
also clearly delineate all activity during
the billing period, including optional
charges, rebates and credits.
(ii) In case of a billing dispute, the cable
operator must respond to a written
complaint from a subscriber within thirty
(30) days.
4) Rebates - Upon request by a customer, grantee shall
provide a rebate for outage time of twelve consecutive hours or
more during any billing cycle. Grantee shall provide written
notice of this rebate policy on all rate and promotional material
4
. ~ ' '"
provided to subscriber or potential subscriber. Rebates will be
issued promptly, but not later than either -
(i) the customer's next billing cycle
following resolution of the request or
thirty (30) days, whichever is earlier, or
(ii) the return of the equipment supplied by
the grantee if service is terminated.
5) Enforcement of the Regulations - Subscribers may direct
unresolved consumer service complaints to the Cable
Administrator, County Attorney's Office, 320 Chestnut Street,
wilmington, NC 28401. The Cable Administrator shall have the
authority to impose all remedial measures prescribed by the FCC.
6) Federal Communications Commission Remedial Measures -
Nothing in this ordinance shall prohibit cable subscribers from
filing complaints directly with the FCC. The FCC may enforce
appropriate remedial measures pertaining to rates and consumer
service standards.
The text of Section 6-123, Rates and Charges to
subscribers, shall be repealed. In lieu thereof the text shall
read as follows:
Sec. 6-123. Rates and charges to subscribers.
County will regulate rates and charges to be made and
collected by a grantee hereunder pursuant to Federal
Communications Commission regulations.
Adopted this the 1st day of November, 1993.
NEW HANOVER COUNTY
1Z~
Robert G. Greer, Chairman
Board of Commissioners
5
~
~
RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, the New Hanover County Board of Commissioners
finds it is in the best interest of its citizens to regulate
basic tier rates and associated equipment costs of cable
operators that have been granted a franchise to operate cable
systems within New Hanover County, and
WHEREAS, the Federal Communications Commission,
pursuant to the Cable Act of 1992 requires that before such
regulation can occur, procedural regulations applicable to rate
regulation must be adopted by the franchising authority;
NOW, THEREFORE, BE IT RESOLVED by the New Hanover
County Board of Commissioners that the following procedures shall
apply to cable rate regulation:
1. Cable operator submits for review to Commissioners
its existing rates for basic service tier and associated
equipment costs or a proposed increase in these rates.
2. County has thirty (30) days to review rates, but
may toll this thirty (30) day deadline for an additional time by
issuing an order stating that it needs additional time to review
rates.
3. If County cannot determine, based upon material
submitted by cable operator, that the existing or proposed rates
are within the FCC's permitted basic service tier charge or
actual cost of equipment, or if a cable operator has submitted a
cost-of-service showing seeking to justify a rate above the FCC's
basic service tier charge, the County may toll the thirty (30)
day deadline described above in order to request and/or consider
additional information or to consider the comments from
interested parties as follows:
1) For an additional ninety (90) days in cases not
involving cost-of-service showings; or
2) For an additional one hundred fifty (150) days
in cases involving cost-of-service showings.
4. If the County has availed itself of the additional
ninety (90) or one hundred fifty (150) days, and has taken no
action within these additional time periods, then the proposed
rates will go into effect at the end of the ninety (90) or one
hundred fifty (150) day periods, or existing rates will remain in
effect at such times, subject to refunds if the franchising
authority subsequently issues a written decision disapproving any
portion of such rates.
'.
5. Staff will meet with cable operator when rate
calculation completed.
6. Staff will make a recommendation to Board regarding
the appropriate rates.
7. Board makes rate determination after public hearing
allowing comments by interested parties.
ADOPTED this 1st day of November, 1993.
NEW HANOVER COUNTY
/!{U~
Robert G. Greer, Chairman
Board of Commissioners
ATTEST:
~'''~~ ~
~the Board
2
g..{g,w :J{anover County 'Board of Commissioners
2\gso[ution
SUPPORT FOR THE EASTWARD ROUTING OF INTERSTATE 73
WHEREAS, an interstate road, planned to connect Detroit, Michigan and Charleston,
South Carolina is currently proposed to pass through the center of North Carolina near
Rockingham; and
WHEREAS, Southeastern North Carolina would benefit from a more easterly route with
the interstate passing the North Carolina-South Carolina border near Whiteville; and
WHEREAS, the North CaroHna Board of Transportation has agreed to consider the
alternative route which follows u.s. Highway 74 from Rockingham to Whiteville; and
WHEREAS, economic development efforts in Southeastern North Carolina would benefit
from the alternative mute;
NOvv;. THEREFORE': BE .IT RESOLVED that the New Hanover County Board of
Commissioners does hereby commit its support for the more easterly route and will so inform the
North Carolina Board of Transportation and other interested groups of this endorsement.
Adopted this the 1st dqypf November, 1993.
~1~0, .
~,>,'~
~Mb-
Robert G. Greer, Chairman
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 7
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED December 6, 1971
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 7 is hereby
amended by adding the hereinafter described tract from the Zoning
District Classification and placing it into the Water Supply
Watershed Overlay District as follows:
Beginning at a point, said point being the intersection formed
by the New Hanover County line, Brunswick County line and the
northern right-of-way of the Seaboard Coastline Railroad, said
beginning point being located approximately 9070 feet from a
point in the western right-of-way of U.S. Highway 421 (this
point in the western right-of-way line of U.S. 421 is located
4300~ feet south of the southern right-of-way line of
Flemington Road); running thence east along the northern
right-of-way line of the Seaboard Coastline Railroad 2850 feet
to a point in the beginning radius of the western right-of-way
line of a spur rail line; thence running north along the
western right-of-way of the spur line 7250+ feet to a point;
thence west 3350+ feet to a point in the New Hanover County/
Brunswick County line; thence in a southerly direction along
the County line to the point of beginning.
Section 2. The County Clerk is hereby authorized and directed
under the supervision of the County Commissioners to change the
Zoning Map of Zoning Area No. 7 on file in the office of the County
Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in
conflict with this ordinance, to the extent of such conflict, is
hereby repealed.
Section 4. This ordinance is adopted in the interest of
public health, safety, morals and general welfare of the
inhabitants of the County of New Hanover, North Carolina, and shall
be in full force and effect from and after its adoption.
Adopted the 1st day of November, 1993.
~~L
Robert G. Greer, Chairman
"
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA,
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover
adopted October 6, 1969, as amended be and the same is hereby
further amended as follows:
ADD:
23-101 Hazardous Materials - Any substance listed as such in the
Superfund Amendments Reauthorization Act (SARA), Section
302, Extremely Hazardous Substances, CERCLA Hazardous
Substances, or Section 311 of CWA (oil and hazardous
substances).
23-102 Water Supply Watershed - The entire land area that
contributes to surface drainage and other run-off into a
surface water supply.
23-103 Critical Area - The area adjacent to a water supply
intake or reservoir where risk associated with pollution is
greater than from remaining areas of the watershed. The
critical area is defined as extending either one-half mile
from the normal pool elevation of the surface water in which
the intake is located or to the ridge line of the watershed,
whichever comes first; or, one-half mile upstream from the
intake located directly in the stream or run-of-the-river, or
the ridge line of the watershed, whichever comes first.
Section 59.8
Water Supply Watershed Overlay District
59.8-1 Purpose The purpose of the Water Supply Watershed
Overlay District is to preserve and protect the water quality
of the County's surface water supplies from pollution as a
result of activities from new construction as well as existing
development. The preservation of these potable drinking water
supplies is important to the orderly growth of the County and
serves to ensure that primary and secondary sources of
drinking water are available to serve existing and future
populations. This ordinance is established as mandated by the
Water Supply Watershed Protection Act, (NCGS 143-214.5)
The Water Supply Watershed Overlay District (WSW) shall be in
addition to any other zoning districts where applied so that
any parcel of land lying in a WSW may also lie in one or more
of the zoning districts provided for by this Ordinance. The
development of all uses permitted by right or by special use
permit in the underlying district, if any, shall be subject to
the requirements of both the WSW and the underlying district,
if any. In the event the WSW requirements conflict with the
underlying district requirements, the requirements of the WSW
shall take precedence. If requirements for a particular item
are not specified in the WSW but are specified by the
underlying district, then the requirements of the underlying
district shall be followed.
59.8-2 Procedures - In creating a Water Supply Watershed Overlay
District, the same procedures as those for making amendments
to the Ordinance (Article XI) or appeals thereto (Article XII)
shall be followed.
59.8-3 Applicability It is hereby required that the
development and improvement of property, including the
subdivision of land shall be subject to the performance
controls listed herein if the parcel(s) of record is located
wi thin the water supply watershed. The following uses,
however, are exempted from these controls:
(1) The development of a single family home, one residential
duplex, or the location of two or fewer mobile homes on a
parcel or lot of record where permitted by the underlying
zoning.
(2) The installation and maintenance of water,
electrical and other utility systems where it
demonstrated that the installation causes only
disturbance of the water supply.
(3) Agriculture subject to the provisions of the Food Security
Act of 1985 and the Food, Agriculture, Conservation and Trade
Act of 1990.
(4) Sil vicul ture subject to the provisions of the Forest
Practices Guidelines Related to Water Quality (15 NCAC
1I.6101-.0209)
sewer,
can be
minimal
59.8-4 Water Supply Watershed Resources - Official maps of and
information pertaining to the water supply watershed shall be
maintained by and shall be available for review at the County
Planning Department. These maps shall serve as the official
source by which to identify the boundaries of the watershed.
59.8-5 General Development Restrictions - Except as noted above,
all land development within the water supply watershed shall
comply with the following design limitations:
(1) Aqriculture: Existing or new agricultural activities
conducted after January 1, 1994 shall maintain a minimum 10
foot vegetated buffer, or equivalent buffer as determined by
the Soil Conservation Service, adjacent to the shore line of
the water supply.
(2) Non-residential uses: All non-residential acti vi ties
except as noted above shall be limited to a built-upon area
not to exceed 24% of the site. Additionally, non-residential
uses that store toxic or hazardous wastes or other
contaminants that are listed in SARA, Section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section
311 of CWA (oil and hazardous substances) in any amount will
not be allowed unless they provide a spill containment plan
approved by the Director of Emergency Management. Such plans
shall be updated every two years. Local response to spills
shall be in accordance with the Basic Plan, Appendix 8,
Hazardous Materials of the County's Emergency Operations and
Hurricane Evacuation Plan.
(3) Residential Uses: The maximum allowed density for new
subdivisions, including performance developments, shall not
exceed that permitted by the RA Rural Agriculture Zoning
District. (59.5-2(1) and 59.5-5.
59.8-5 Stormwater Manaqement - All development locating within
the water supply watershed boundary shall provide a stormwater
management plan for the entire parcel. The stormwater must be
managed by structures appropriately sized such that the peak
rate of discharge from the site after completion of
development for any storm up to and including a ten year storm
does not exceed the peak rate of discharge from the site in
its previous natural condition. Additionally, all development
shall provide on-site retention or percolation areas for the
entire parcel sufficient to control, at a minimum, the first
one inch of runoff that will originate from all imperious
surfaces anticipated to be on the site upon final development.
All structures shall be setback at least 100 feet from the
mean high water line.
Section 2. Any ordinance or part of any ordinance in conflict with
this ordinance, to the extent of such conflict is hereby
repealed.
Section 3. This ordinance is adopted in the interest of public
health, safety, morals, and general welfare of the inhabitants
of the County of New Hanover, North Carolina, and shall be in
full force and effect from and after its adoption.
Adopted this 1st day of November, 1993.
1lJJ6~
Robert G. Greer, Chairman
'"
From the Minutes of the Planning Board July 2, 1992
"He [Mr. Lanny Wilson] added that access to the site would be limited to Drysdale
Drive. Also, he told the Board that changing the site to commercial use wouldnlt
create any more impervious surfaces than the current 0&1 designation.11
"Mr. Phil Norriss, a civil engineer representing the applicant, said that
the site will be designed so that the peak rate of discharge after development
will not exceed the discharge under current undeveloped conditions."
[from the Staff recommendation:] "In its favor, the change in desig~ation would
not alter the current ingress and egress limitations imposed for the original
approval of the PD District. Access to Military Cut-Off Road would be available
only via Drysdale Drive, an internal road (private) which provides east-west
access to the Landfall site. The internal orientation of the project mitigates
some of staffls concerns about commercial expansion along Military Cut-Off.
liThe proposed commercial use's visual impact could be further reduced by
requiring additional buffers and landscaping on the final site plan.I'
"Mr. Howell asked Mr. Noriss how he could assure that drainage run-off
from the site would not adversely impact areas downstream. Mr.JNoriss a~ain
explained drainage requirements for the property and what final site conditions
wou I d look like..
"Mr. Nixon asked Mr. Wilson how S.H.O.D. was detrimental to the proposal.
Mr. Wilson said that parking would be drastically reduced on the Military Cut-Off
side which made it difficult to comply with mirtimum county parking ratios.11
Before the County Commissioners 8-4-92:
[Mr Lanny Wilson]: Now, lid just I ike to mention that it is our opinion that
the impervious surface that will be created by this c6mmetci~1 est~bl ishment
will be no greater than would be created as it is currently zoned with 0&1. We
bel ieve the proposed use is consistent with the growth and uses being made on
adjacent parcels of property and should be granted.
[Mr Wilson]~ ...two of the main concerns, of course, are safety--number one--
and number two, congestion.
[Chairman Mathews] :... if that [SHOD] were not removed, what would be the status
of your plans? Would that change the status of your plans?
[Mr. Kuske] ~ We would not be able to build on that site....Welve looked at
several alternatives of trying to site the building on this parcel of property and
meet the parking requirements necessary to meet the parking ordinance and the use
of the building and we were unable to do that.
[Mr. Wilson]: We're only asking for an additional 201. The back of the buildingls
here. lt actually faces this way because out plan is to landscape it so that you
can't see it from Military Cut-off.
[Commissioner Sutton]: Mr. Wi lson,
landscape that side considerably.
[Mr. wilson]: That is correct.
you also make the point that you are going to
Is that so?
Mi ldred Harris
before Commissioners Nov1, 1993
p.1 of 2
~
!-
.
Before the County Commissioners 8-4-92:
[Mr. Wilson] What we are doing here is a self-contained parcel of property with
limited access. We are not requesting any additional access on the Mil itary Cut-off.
Weill have this access from this private drive, Drysdale.
[Mr. Wilson] In addition to that it is significant to note that we are proposing
a substantial landscaped area that should restrict the view of this commercial
facil ity from Mil itary Cut-off. Our building is actually faced back towards
Drysdale Drive and back towards Food Lion and the other commercial establishments
where we will not be facing toward Mil itary Cut-off.
[Mr. Wilson] And again, we1re not asking for any access on the Military Cut-off
Road. Our only access will be here on Drysdale Drive which is private grounds.
And, second, we are proposing a significant amount of landscaping with buffer
[to] screen the proposed store from Mil itary Cut-off.
[Mr. Kuske] First I would 1 ike to second what Mr. Hayes has tol~ you about the
effect of drainage as a result of changing this 0&1 to commercial because
virtually there would be no effect because we wouldnlt be increasing the impervious
run-off area just by virtue of changing this zoning or use.
[Mr. Kuske] If this property is developed 0&1 you have the same run-off. By
virtue of making this change you are certainly not doing anything that would
enhance their [Caval ier Woods] drainage problem. But the storm drainage from
this area does not go through or to Caval ier Woods.
[Mr. Wilson] The requirements of the SHOD are 1001 setback. Welre only asking
for an additional 201.... It actually faces this way because our plan is to
landscape it so that you canlt see it from Mil itary Cut-off.
Before the Zoning Board of Adjustment 8-25-92:
[Mr. Wilson] 1111 just mention, if I may, one other thing. Therels a significant
amount of trees along this area in this 301 here. We fully intend, of course,
to leave all trees in place. Our building will not have any affect on these
tree~,~nd I think it promotes a significant barrier. There are a lot of
provisions of the Special Highway Overlay District, as 11m sure youlre well
aware, and welre just asking for a variance of those two restrictions. The
other ones would certainly apply as to size and so forth, but all these trees
that are currently in place here will certainly remain there.
Before the County Commissioners 10/5/92:
[Mr. Wilson] There are a large number of trees that are in this tract that
borders the road that actually serve as a significant buffer between this
proposed bui lding and the road so you would not see the site from the road
because of the trees.
Mil d red Ha r r i s
before Commissioners Nov. 1, 1993
p.2 of 2