2022-11-14 RM Exhibits i
ENTITY AUTHORIZATION
ENTITY CERTIFICATIONS. I, Julia Olson-Bowman (Authorization signer's name), certify that: I am a/the Chair Of The New
1 signets Hanover BOCC (Authorization sign title)designated to act on behalf of NEW HANOVER COUNTY
i (Authorizing Entity). Authorizing Entity is a
(type or entity,like a-non-prom•corporation)and its Taxpayer Identification Number 56-6000324 . I am authorized and directed to execute an
original or a copy of this Authorization to Financial Institution, and anyone else requiring a copy. Authorizing Entity is duly organized, validly existing
and in good standing under the laws of North Carolina and is duly qualified, validly existing and in good standing in all jurisdictions where
1 Authorizing Entity operates or owns or leases property. Authorizing Entity has the power and authonty to provide this Authorization, to confer the
i powers granted in this Authorization and to carry on Authorizing Entity's business and activities as now conducted. The designated Agents have the
power and authority to exercise the actions specified in this Authorization and Authorizing Entity properly adopted these authorizations and appointed
' the Agents and me to act on its behalf. Authorizing Entity will notify Financial Institution before reorganizing, merging, consolidating, recapitalizing,
dissolving or otherwise materially changing ownership, management or organizational form. Authorizing Entity will be fully liable for failing to notify
1 Financial Institution of these material changes.
❑ Authorizing Entity conducts business and other activities under the additional trade name or fictitious name of
and Authorizing Entity has the legal power and authority to use this trade name or
: fictitious name. Authorizing Entity will not use any trade name or fictitious name without Financial Institution's prior written consent and will
preserve Authorizing Entity's existing name, trade names, fictitious names and franchises.
GENERAL AUTHORIZATIONS. I certify Authorizing Entity authorizes and agrees that: FIRST NATIONAL BANK (Financial
Institution)is designated to provide Authorizing Entity the financial accommodations indicated in this Authorization, subject to the Financial Institution's
rules and regulations from time to time. All prior transactions obligating Authorizing Entity to Financial Institution by or on behalf of Authorizing Entity
I are ratified by execution of this Authorization. Any Agent, while acting on behalf of Authorizing Entity, is authorized, subject to any expressed
1 restrictions, to make all other arrangements with financial Institution which are necessary for the effective exercise of the powers indicated within this
Authorization. The signatures of the Agents are conclusive evidence of their authority to act on behalf of Authorizing Entity. Unless otherwise agreed
to in writing, this Authorization replaces any earlier related Authorization and will remain effective until Financial institution receives and records an
express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of this Authorization must be
accompanied by documentation, satisfactory to financial Institution,establishing the authority for the change. Authorizing Entity agrees not to combine
proceeds from collateral securing any debts owed to financial Institution with unrelated funds.
1 SPECIFIC AUTHORIZATIONS. The following persons (Agents) are authorized to act on behalf of Authorizing Entity in fulfilling the purposes of this
Authorization:
Individual's Name, Title, &if applicable, Signature or Facsimile Signature
Representative Entity's Name and Relationship to Authorizing Entity
Y
t Eric Credle-Chief financial Officer
(a)
k Martha Wayne-Deputy Chief financial Officer
(b)
(c)
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(d)
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t (e)
t (f)
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1 Authorizing Entity has adopted any facsimile signatures indicated above. financial Institution may rely on those facsimile signatures that resemble the
specimens within this Authorization or the specimens that Authorizing Entity periodically files with Financial Institution, regardless of by whom or by
what means the signatures were affixed.
Authorizing Entity authorizes and directs the designated Agents to act, as indicated, on Authorizing Entity's behalf to:
(Indicate a, b,c, d, a and/or f to exercise each specific power):
i
A, B Open or close any share or deposit accounts in Authorizing Entity's name, including, without limitation, accounts such as
share draft, checking, savings, certificates of deposit or term share accounts, escrow, demand deposit, reserve, and
overdraft line-of-credit accounts. Number of signatures required 1 .
A, B Enter into and execute any preauthorized electronic transfer agreements for automatic withdrawals, de
posits or transfers
initiated through an electronic ATM or point-of-sale terminal, telephone, computer or magnetic tape using an access device
' like an ATM or debit card, a code or other similar means. Number of signatures required 1
A
{ B Enter into and execute commercial wire transfer agreements that authorize transfers by telephone or other communication
I systems through the network chosen by Financial Institution. Number of signatures required 1 .
I A, B Endorse for cash, deposit, negotiation, collection or discount by Financial Institution any and all deposit checks, drafts,
certificates of deposit and other instruments and orders for the payment of money owned or held by Trust. Number of
signatures required 1 •
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I A, B Sign checks or orders for the payment of money, withdraw or transfer funds on deposit with you. if Authoriing Entity
authorises and Financial Institution accepts this power with a multiple signature limitation, Authorizing Entity agrees to waive
a the multiple signatures requirement for any withdrawal in a format that does not allow Financial Institution an opportunity to
i
examine signatures. Number of signatures required 1 .
A, B Enter into and execute a written night depository agreement, a lock-box agreement or a safe deposit box lease agreement.
Number of signatures required 1
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Borrow money or obtain other credit or financial accommodation from Financial Institution on behalf of and in the name of
i Authorizing Entity on the terms agreed to with Financial Institution. The designated Agents may execute and endorse
f. promissory notes, acceptances or other evidences of indebtedness. 0 if checked, the maximum outstanding credit limit for
I all available credit and financial accommodation to Authorizing Entity from Financial Institution must not exceed
a
$ . Number of signatures required .
I Grant a security interest, lien or other encumbrance to Financial Institution in any or all real or personal property that
I. Authorizing Entity now owns or may acquire in the future for the payment or performance of:
, 0 Specific Debts. The debts, liabilities and obligations, and their renewals, extensions, refinancing and modifications,
evidenced by(deccribo):
0 All Debts. All debts. liabilities and obligations of every type and description owed now or in the future by Authorizing
1 Entity to Financial Institution.
I Number of signatures required
I Receive and acknowledge receipt for funds; whether payable to the order of Authorizing Entity or an Agent, without
2 additional certification as to the use of the proceeds. Number of signatures required .
' Guaranty the payment and performance of debts, liabilities and obligations owed to Financial Institution or its successors and
I
assigns by (Borrower):
I ❑ Specific Debts. The debts, liabilities and obligations, and their renewals, extensions, refinancing and modifications,
evidenced by(Oescriwx
z 0 All Debts, All debts, liabilities and obligations, and their renewals, extensions. refinancing and modifications, that
i Borrower owes now or in the future to Financial Institution,to the extent allowed by law.
Number of Signatures required .
❑ Grant a Security Interest. The designated Agents may also grant a security interest, lien or other encumbrance to
Financial Institution In any or all real or personal property that Authorizing Entity now owns or may acquire in the future
for the payment or performance of this guaranty. Number of signatures required
A. B Periodically amend, restructure, renew, extend, modify, substitute or terminate any agreements or arrangements with
Financial Institution that relate to this Authorization.Number of signatures required 1 .
A.B Execute other agreements that Financial Institution may require, and perform or cause to be performed any further action
necessary to carry out the purposes of this Authorization. Number of signatures required 1 .
1 Other(specify) .
Number of signatures required
I INTERPRETATION.Whenever used the singular includes the plural and the plural includes the singular. The section headings are for convenience only
and are not to be used to interpret or define the terms of this Authorization.
1I SIGNATURES. By signing, i certify and agree to the terms contained in this Authorization on behalf of Authorizing Entity on
. I also acknowledge receipt of a copy of this Authorization.
IPennsylvania. The designation of an Agent does not create a power of attorney; therefore, Agents are not subject to the provisions of 20 Pa.C.S.A.
i Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code) unless the agency was created by a separate power of attorney. Any
I provision that assigns Financial Institution rights to act on behalf of any person or entity is not subject to the provisions of 20 Pa.C.S.A. Section 5601
0 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code).
3
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i AUTHORIZATION'S SIGN •
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I FOR FINANCIAL INSTITUTION USE ONLY
AcctlLoan# Authorization and agreement completed and effective 10/1912022 By
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RESOLUTION First Carolina Bank
CORPORATION 171 North Winstead Avenue
Rocky Mount,North Carolina 27804
(252)937-2152
www.firstcarolinabank.com
BUSINESS ENTITY NAME AND ADDRESS
New Hanover County
230 Government Center Drive,Suite 165
Wilmington,NC 28403
Initial Resolution.
DATE OF RESOLUTION 'ACCOUNT NUMBER Tax Identification Number
November 14,2022 Checking# 56-6000324
i ---
By signing below, I certify to First Carolina Bank ("Financial Institution") that: I am the Authorized Signer of the above named non-profit
Corporation("Corporation"),validly organized and operating under the laws of the State of North Carolina and filed at the SOS on nia
the following is a true and complete copy of the Resolution,properly adopted at a duly called meeting held on Nov.14,2022by a quorum of the
Corporation's Board of Directors in accordance with the By-Laws of the Corporation, if any;this Resolution is contained in the minutes of that
meeting and that such Resolution is still in force and effect and has not been amended or rescinded,and was and still is in accordance with the
By-Laws of the Corporation, if any; the Financial Institution has been provided a true and complete copy of the Articles or Certificate of
Incorporation and the By-Laws of the Corporation, if any,as in effect as of the date of this Resolution; provided below are the correct names,
titles, and genuine signatures of the persons authorized to exercise the powers provided in the Resolution ("Authorized Signers"); and the
Financial Institution may rely upon my certification as to my authority to execute this Resolution and to make the representations in this
Resolution.
IT IS RESOLVED:
The Authorized Signers shall possess the powers indicated as contained in this Resolution.
DEPOSITORY ACCOUNT.Perform the following activities in regards to the depository account(s)indicated above in the name of the
Corporation,subject to any terms and conditions governing the account(s),including:
• Account Opening and Maintenance.Open and maintain the Corporation account(s).
Number of signers required: 1
• Make Deposits.Make deposits to the Corporation account(s).
Number of signers required: 1
• Endorsements. Endorse for negotiation, negotiate, and receive the proceeds of any negotiable instrument, check, draft,or
order for the payment of money payable to or belonging to the Corporation,by writing,stamp,or other means permitted by
this Resolution without the designation of the person endorsing.
Number of signers required: 1•
Make withdrawals. Make withdrawals from the Corporation account(s) in any manner permitted by the account(s)
3 regardless whether such action will create or increase an overdraft of the involved account.
Number of signers required: 1
• Transfer Funds.Transfer funds from the Corporation account(s)in Financial Institution to any account whether or not held
at this Financial Institution and whether or not held by this Corporation and execute any agreements related to such transfers.
Number of signers required: 1
• Approve, Endorse, Guarantee and Identify Payees. Approve, endorse, guarantee, and identify the endorsement of any
payee or any endorser of any negotiable instrument,check, draft,or order for the payment of money whether drawn by the
Corporation or anyone else and guarantee the payment of any negotiable instrument,check,draft,or order for the payment of
money.
Number of signers required: 1
• Delegate Authority. Delegate to others the authority to approve, endorse, guarantee, and identify the endorsement of any
payee or endorser on any negotiable instrument, check, draft, or order for the payment of money and to guarantee the
1 payment of any such negotiable instrument,check,draft,or order for the payment of money.
Number of signers required: 1
SAFE DEPOSIT BOX. Lease a Safe Deposit Box(es)with Financial Institution,make inspections of,deposits to and removals from the
Box(es),and exercise all rights and be subject to all responsibilities under the Lease.
Number of signers required: 1
O 2004-2019 Compliance Systems,Inc.al r34cee-64c904e2-2019 112 0 3
Resolution-Corporation DG9002 Page 1 of 3 www.compliancesystems.com
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NIGHT DEPOSITORY.Enter into a Night Depository Agreement with Financial Institution and exercise all rights and be subject to all
1 responsibilities under the Agreement.
Number of signers required: 1
LOCKBOX. Enter into a Lockbox Agreement with Financial Institution and exercise all rights and be subject to all responsibilities
under the Agreement.
Number of signers required: I
DEBIT CARD/ACCESS CARD. Apply for, receive and utilize debit, automated teller machine cards, or other access devices to
exercise those powers authorized by this Resolution or other Resolutions then in effect.
Number of signers required: 1
CASH MANAGEMENT.Enter into a Cash Management Agreement with Financial Institution,and exercise all rights and be subject to
all responsibilities under the Agreement.
Number of signers required: 1
IT IS FURTHER RESOLVED THAT:
DESIGNATED DEPOSITORY.Financial Institution is designated as a depository for the funds of the Corporation and to provide other
financial accommodations indicated in this Resolution.
AUTHORIZED SIGNER'S POWERS. Authorized Signers are authorized to make any and all other contracts, agreements,
stipulations,and orders which the Authorized Signers may deem advisable for the effective exercise of their powers.
SIGNATURES.The Financial Institution shall be indemnified and held harmless by the Corporation for any claims,expenses,damages,
or attorney fees resulting from the honoring of any signature, authorized by this Resolution, or refusing to honor any signature not so
authorized,regardless of whether or not such signature was genuine, if such signature reasonably resembles the specimen provided to the
Financial Institution.The Financial Institution shall also be permitted to rely upon non-signature security and verification codes which it
provides to or receives from an Authorized Signer and shall be indemnified and held harmless by the Corporation for any claims,
expenses,damages,or attorney fees resulting from their use.
IMPROPER ENDORSEMENT. Any negotiable instrument, check,draft,or order for the payment of moneys not clearly endorsed by
an Authorized Signer may be returned to the Corporation by the Financial Institution. The Financial Institution, in its sole discretion,
alternatively may endorse on behalf of the Corporation any negotiable instrument,check,draft,or order for the payment of money not
clearly endorsed in order to facilitate collection. Financial Institution shall have no liability for any delay in the presentment or return of
any negotiable instrument,check,draft,or order for the payment of money which is not properly endorsed.
DISPOSITION OF FUNDS. When withdrawal or transfer powers are granted to an Authorized Signer, the Financial Institution is
directed and authorized to act upon and honor withdrawal or transfer instructions issued and to honor,pay, transfer from,and charge to
any depository account(s)of the Corporation, all negotiable instruments, checks, drafts,or orders for the payment of money so drawn
when signed consistent with the Resolution without inquiring as to the disposition of the proceeds or the circumstances surrounding the
issuance of the negotiable instrument,check,or order for the payment of money involved,whether such negotiable instruments,checks,
drafts,or orders for the payment of money are payable to the order of,or endorsed or negotiated by any Authorized Signer signing them
or any Authorized Signer in their individual capacities or not, and whether they are deposited to the individual credit of or tendered in
payment of the individual obligation or account of any Authorized Signer signing them or of any other Authorized Signer.
PRIOR ENDORSEMENTS. All negotiable instruments, checks, drafts, or orders for the payment of money deposited with prior
endorsements are guaranteed by the Corporation.
PRE-RESOLUTION TRANSACTIONS.All actions by Authorized Signers in accordance with this Resolution but before the adoption
of this Resolution are approved,ratified,adopted,and confirmed by the Corporation.
WARRANTY. That the Financial Institution may rely upon the certification as to the Corporation authority to execute this Resolution
and make the representations in this Resolution.
NOTIFICATION OF CHANGES.The Corporation shall notify Financial Institution in writing at its address shown above in advance
of any changes which would affect the validity of any matter certified in this Resolution.
REVOCATION AND MODIFICATION.An act("Act")to modify,terminate,amend or replace this Resolution will not immediately
affect the ability of the Financial Institution to rely upon this Resolution. The Act shall not affect any action by the Financial Institution
in reliance on this Resolution before the date the Act becomes effective as set forth in the next sentence. An Act will not become
effective until all of the following occur: (a) Financial Institution receives written notification of the Act in a form and substance
satisfactory to the Financial Institution and(b)the Financial Institution has had a reasonable period of time to act upon such notification.
Until the Act is effective,this Resolution shall remain in full force and bind the Corporation,its legal representatives,heirs,successors
and assigns.
3
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Resolution•Corporation DG9002 Page 2 of 3 www.compliancesystems.com
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DESIGNATION OF AUTHORIZED SIGNERS
NAME/TITLE SIGNATURE AUTHORITY �^
CODE/LIMITATIONS
Account Opening and
Eric Credle,Chief Financial Officer Maintenance;Lease Safe;Night
Depository;Lockbox;Debit
Martha Wayne,Deputy Chief Card/Access Card;Cash
Financial Officer
Management;Make Deposits;
Endorsements;Make Withdrawals;
Transfer Funds;Approve,Endorse,
Guarantee and Identify Payees;
Delegate Authority
By signing this lution,9owledge reading, understanding, and agreeing to all of its provisions and certify, personally and on
behalf of the orp ation stem nts ode in this Resolution are true and correct.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO UPDATE FINANCE POLICIES Exhibit
Book�Pa9e 3
WHEREAS, New Hanover County has an internal finance policy that, subject to certain exceptions, purchases of
goods and services with a cost over a designated threshold require an approved purchase order.The designated
threshold is currently$1,000(one-thousand dollars);and
WHEREAS,the New Hanover County Board of Commissioners believes that a threshold of$2,500 (two-thousand
five hundred dollars)for requiring purchase orders is prudent and will improve the efficiency of county staff; and
WHEREAS, North Carolina General Statue (NCGS) 160A-266(c) authorizes the Board of County Commissioners to
adopt regulations setting procedures for disposal of personal property valued at less than $30,000 (thirty-
thousand dollars)for any one item or group of items; and
WHEREAS, New Hanover County has an existing disposal procedure authorized by the Board of County
Commissioners allowing for disposal by the chief financial officer of personal property valued at less than$5,000
(five-thousand dollars); and
WHEREAS, the adoption of regulations to increase the limit to less than $30,000 can provide for more efficient
and economical disposal of such personal property.
NOW,THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners as follows:
1. The policy threshold for requiring a purchase order is$2,500 or more.
2. The chief financial officer is authorized to declare surplus any county personal property valued at less
than $30,000(thirty-thousand dollars)for any one item or group of items,to set its fair market value,
and to convey title to the property for the county in accordance with the procedures established in
the statutes and this resolution.
3. The chief financial officer may select the method of disposal of such personal property that, in his/her
judgment, represents the most efficient and economical procedure for disposal of said property.The
method of disposal selected may, but need not, provide for published notice, and may provide for
either public or private exchanges or sales.
4. The chief financial officer is authorized to execute all documents and papers and to do such other and
further acts as may be required and necessary in order to effectively and legally carry out and
complete the sales and exchanges authorized by this resolution.
ADOPTED this the 14th day of November, 2022.
£ NEW HA R COUNTY
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1 -„ Jul, I -Boseman, Chair
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\ y= i l ATTEST:
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�� K berleigh G.C ell, Clerk to the Board
Exhibit,"
Book page 3!
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF BID TO 421 SAND,INC. FOR THE PURCHASE OF COVER SOIL
WHEREAS,after due advertisement,bids were received by Lena Butler,Purchasing Supervisor,at the New
Hanover County Finance Office located at 230 Government Center Drive, Wilmington NC, 28403 and
publicly opened Thursday, October 20, 2022, at 2:00 p.m. The following bids were received for the
purchase of cover soil for the county landfill; and
Distance Hrs. of Certified
Bidders Quantity/tonsUnit Cost Extended Cost from Operation Scale at
Landfill Mon-Fri Mine
421 Sand, Inc. 95,000 $6.75 $641,250.00 .5 MILES 7-4:45 Y
S.T. Wooten 95,000 $10.00 $950,000.00 3 MILES 7-5:00 Y
Road Builders, Inc. 95,000 $9.90 $940,500.00 14 MILES 6:30-4 Y
WHEREAS, based on an estimated 95,000 tons at a price of$6.75 per ton,421 Sand Inc. is the lowest
responsive, responsible, bidder with an estimated cost of$641,250 annually.
NOW,THEREFORE,BE IT RESOLVED, by the New Hanover County Board of Commissioners that the award
of bid to 421 Sand, Inc.for the estimated purchase of 95,000 tons of cover soil for the county's landfill for
an estimated annual cost of$641,250 is approved.
ADOPTED this the 14th day of November, 2022.
NEW HAN 22ir
TY
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� - ATTEST:
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Ky berleigh G. well,Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Exhlbl
Book YL\"‘ 4
RESOLUTION Page 3—I
DISPOSAL OF SURPLUS PROPERTY
WHEREAS, New Hanover County owns certain personal property itemized on attached Exhibit A that is no longer functional
i
for governmental purposes;and
)
a WHEREAS,the New Hanover County Board of Commissioners is desirous of declaring the property surplus and disposing of
the property as authorized by North Carolina General Statute(NCGS) 160A-Article 12;and
1 WHEREAS,following the board's approval,the board wishes to allow non-profit organizations the opportunity to inspect and
purchase the property prior to being sold by public auction;and
WHEREAS, all remaining property will be disposed of according to the procedures prescribed in NCGS 160A-270(c) which
authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and
I
WHEREAS, items not sold by electronic auction will be disposed of using any other method authorized in the NCGS 160A-
Article 12 including discarding the items.
i
NOW,THEREFORE,BE IT RESOLVED by the New Hanover County Board of Commissioners as follows:
I
1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus property.
2. The Chief Financial Officer's designated representative, pursuant to the provisions of NCGS 160A-270(c), is hereby
authorized to dispose of the personal property listed by electronic public auction and any property not sold by
1 electronic means may be disposed of using any other method authorized by the NCGS 160A-Article 12,and that said
representative be further authorized and directed to execute necessary documents,transfer title,add/delete items
g from the surplus list,and perform all necessary functions associated with this disposal.
3. Non-profit organizations will be given the opportunity to inspect and purchase the property prior to being sold by
public auction.
I 4. All surplus property will be sold "as is," all sales will be final. New Hanover County makes no express or implied
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warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose
regardless of any oral statements that may be made concerning the surplus property or any part thereof.
5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the county's website
and/or in the Wilmington Star News at least ten(10)days prior to the electronic public auction.
1
i ADOPTED this the 14'h day of November,2022.
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NEW HA COUNTY
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IExhibit
AGENDA: November 14,2022 Book xl.�l� Page 31.5
1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2023.
1
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health&Safety
Strategic Objective(s): Increase access to programs to prevent and reduce obesity
l
Fund: General
Department: Parks and Gardens
Expenditure: Decrease Increase Total
BA 23-036 Parks and Gardens $ 304,800 $ 304,800
Total $ - j $ 304,800 j$ 304,800
Revenue: Decrease Increase Total
BA 23-036 Contribution $ 304,800 $ 304,800
Total $ - I $ 304,800 h$ 304,800
Prior to Total if Actions
Actions Today Taken
Departmental Budget I $ 4,269,352 $ 4,574,152
Section 2: Explanation
BA 23-036 accepts the donation of land on the Northeast Cape Fear River(parcel ID R00500-002-002-001),located
at 7000 Old Bridge Site Road,from the Cape Fear Council-Boy Scouts of America. This parcel is adjacent to the
county's Riverside Park.The county currently uses this property as part of Riverside Park. The parcel is valued at
$304,800.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
l
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
Carolina,that the Ordinance for Budget Amendment(s)23-036 amending the annual budget ordinance for the fiscal
year ending June 30,2023,is adopted.
Adopted,this 14th day of November,2022.
I (SEAL)
1 -------,..
a n- oseman,Chair
j1 ST:
�4 ���?`° A 1
.:.•'/ if'`. -:-\' . ti.._ C
....-( fi,,. ,:.
. ,-,::, -0‘,0(06-
1 v
K serleigh G.Crow ,Clerk to the Board
)SS
S
1
�co0N' v."G.�, NEW HANOVER COUNTY
2
21 ''P 9 TAX DEPARTMENT
3� 230 Government Center Drive, Suite 190, Wilmington, NC 28403
Z i I 'i di ' P: (910)798-7300 I F: (910)798-7310 I NHCgov.com
I `stAn,,,,+,v° Allison Snell,Tax Administrator
Exhibit
Book WAL Page 3=
Pursuant to NCGS 105-378 Limitation on use of remedies.
(a) Use of Remedies Barred.—No county or municipality shall maintain an action or procedure to
enforce any remedy provided by law for the collection of taxes or the enforcement of any tax liens,
whether the taxes or tax liens are evidenced by the original tax receipts, tax sales certificates, or
otherwise, unless the action or procedure is instituted within 10 years from the date the taxes became
due.
Therefore,on this the 14th day of November 2022, Collector of Revenue,Allison Snell, asks the New
Hanover County Board of Commissioners to release the levy for tax year 2012 from the charge as the 10-
year statute of limitations prohibits the collector from using forced collection measures to collect these
taxes.These amounts are deemed insolvent and uncollectible.
2012 Real Estate Personal Property Motor Vehicles Total
New Hanover $38,882.01 $307,048.11 $124,848.50 $470,778.62
Fire District $1,719.54 $18,923.12 $7,500.66 $28,143.32
Carolina Beach $1,026.45 $9,696.02 $1,667.09 $12,389.56
Kure Beach $0.00 $496.44 $520.57 $1,017.01
Wilmington $14,434.44 $118,005.51 $52,422.38 $184,862.33
I Wrightsville Beach $1,595.31 $1,748.73 $349.48 $3,693.52
Total $57,657.75 $455,917.93 $187,308.68 $700,884.36
1
i
As requested,the New Hanover County Board of Commissioners does hereby release the levy for tax
year 2012 as stated above from the charge as the 10-year statute of limitations prohibits the collector
from using forced collection measures to collect these taxes.These amounts are deemed insolvent and
uncollectible.
i
Julia son-Boseman,Chair tic
New Hanover County Board of Commissioners ; )4 yy* it . C
r: tiit,111 /'
Exhibit
New Hanover County Monthly Collection Report for September 2022 Book `1 Page = " A
Current Year 2022-2023
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 182,901,647.68 $ 13,785,013.51 $ 3,400,677.72 $ 200,087,338.91
Abatements $ (55,606.29) $ (83,084.89) $ - $ (138,691.18)
Adjustments _ $ 30,287.24 $ 1,352.98 $ - $ 31,640.22
Total Taxes Charged $ 182,876,328.63 $ 13,703,281.60 $ 3,400,677.72 $ 199,980,287.95
Collections to Date $ 30,452,140.40 $ 2,623,868.46 $ 3,400,677.72 $ 36,476,686.58
*Refunds $ 48,829.26 $ 2,756.66 $ - $ 51,585.92
Write-off _ $ (14.95) $ (8.46) $ - $ (23.41)
Outstanding Balance $ 152,473,032.44 $ 11,082,178.26 $ - $ 163,555,210.70
Collection Percentage 16.63 19.13 100.00 18.21
YTD Interest Collected $ 1,284.30 $ - $ 30,120.94 $ 31,405.24
Total 2022-2023 Collections YTD $ 36,456,505.90
Prior Years 2012-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 1,532,709.38 $ 4,696,018.59 $ 242,477.60 $ 6,471,205.57
Abatements $ (62,220.86) $ (110,145.52) $ - $ (172,366.38)
Adjustments $ - $ 3,048.32 $ - $ 3,048.32
Total Levy $ 1,470,488.52 $ 4,588,921.39 $ 242,477.60 $ 6,301,887.51
Collections to Date $ 174,539.10 $ 124,105.75 $ 253.25 $ 298,898.10
*Refunds $ 21,356.00 $ 4,181.25 $ - $ 25,537.25
Write-off $ 70.36 $ 45.94 $ - $ 116.30
Outstanding Balance $ 1,317,235.06 $ 4,468,950.95 $ 242,224.35 $ 6,028,642.96
YTD Interest Collected $ 28,971.51 $ 33,468.17 $ 351.04 $ 62,790.72
Total Prior Year Collections YTD $ 336,151.57
Grand Total All Collections YTD $ 36,792,657.47
'Detailed information for Refunds can be found in the Tax Office
NE R COUN
a
• . g. auwe A .:1i /4-4-A\,4 v).3
Cle k o the Board
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A.
s 1/44' ` "'�:e:l,i 1,A ti ja
Date
i
1
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Exhibit
Book 1141.111 Page 31 i
New Hanover County Debt Service Monthly Collection Report for September 2022
Current Year 2022-2023
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 13,892,666.79 $ 1,058,055.24 $ 329,998.23 $ 15,280,720.26
Abatements $ (4,220.81) $ (6,308.89) $ - $ (10,529.70)
Adjustments $ 2,298.94 $ 102.69 $ - $ 2,401.63
Total Taxes Charged $ 13,890,744.92 $ 1,051,849.04 $ 329,998.23 $ 15,272,592.19
Collections to Date $ 2,305,726.67 $ 197,768.21 $ 329,998.23 $ 2,833,493.11
*Refunds $ - $ - $ -
Write-off $ 1.07 $ 0.60 $ 1.67
Outstanding Balance $ 11,585,017.18 $ 854,080.23 $ - $ 12,439,097.41
Collection Percentage 16.60 18.80 100.00 18.55
YTD Interest Collected $ 164.43 $ - $ 3,174.41 $ 3,338.84
Total 2022-2023 Collections YTD $ 2,836,831.95
Prior Years 2012-2021
•
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 158,748.41 $ 367,453.51 $ - $ 526,201.92
Abatements $ (6,447.39) $ (9,543.28) $ (15,990.67)
Adjustments $ - $ 315.88 $ 315.88
Total Levy $ 152,301.02 $ 358,226.11 $ - $ 510,527.13
Collections to Date $ 18,926.87 $ 15,192.98 $ - $ 34,119.85
*Refunds $ 1,433.79 $ - $ - $ 1,433.79
Write-off $ 9.10 $ 6.04 $ - $ 15.14
Outstanding Balance $ 134,798.84 $ 343,027.09 $ - $ 477,856.21
YTD Interest Collected $ 3,113.81 $ 4,263.90 $ - $ 7,377.71
Total Prior Year Collections YTD $ 40,063.77
Grand Total All Collections YTD $ 2,876,895.72
*Detailed information for Refunds can be found in the Tax Office
NEW HA ER OUNTY
it ` �� 1
31
/ I / .614. _Al Wkeit . . 41,1-,. -1``,' .Th; /—
CI_i to the Board 1 � /—
1.
Date
1
1
i
1
I
Exhibit
Book NC1_ttt Page 31.1C
New Hanover County Fire District Monthly Collection Report for September 2022
Current Year 2022-2023
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 11,767,443.40 $ 1,082,234.84 $ 271,922.62 $ 13,121,600.86
Abatements $ (640.01) $ (12,459.59) $ (13,099.60)
Adjustments $ 4,626.73 $ 86.65 $ 4,713.38
Total Taxes Charged $ 11,771,430.12 $ 1,069,861.90 $ 271,922.62 $ 13,113,214.64
Collections to Date $ 1,928,018.96 $ 216,845.35 $ 271,922.62 $ 2,416,786.93
*Refunds $ - $ - $
Write-off $ 1.59 $ 0.97 $ 2.56
Outstanding Balance $ 9,843,409.57 $ 853,015.58 $ - $ 10,696,425.15
Collection Percentage 16.38 20.27 100.00 18.43
YTD Interest Collected $ 204.85 $ - $ 2,355.08 $ 2,559.93
Total 2022-2023 Collections YTD $ 2,419,346.86
(
Prior Years 2012-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 100,746.00 $ 247,903.54 $ 14,856.27 $ 363,505.81
Abatements $ (191.23) $ (5,863.64) $ - $ (6,054.87)
Adjustments $ - $ - $ -
Total Levy $ 100,554.77 $ 242,039.90 $ 14,856.27 $ 357,450.94
Collections to Date $ 12,061.98 $ 1,646.09 $ 22.79 $ 13,730.86
*Refunds $ 139.57 $ - $ - $ 139.57
Write-off $ 5.04 $ 3.96 $ - $ 9.00
Outstanding Balance $ 88,627.32 $ 240,389.85 $ 14,833.48 $ 343,868.65
YTD Interest Collected $ 1,668.97 $ 335.73 $ 27.50 $ 2,032.20
Total Prior Year Collections YTD $ 15,763.06
Grand Total All Collections YTD $ 2,435,109.92
1
*Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUN
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Exhibit
Book X U%' Page 31•B
1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
i
ADOPTION AWARENESS MONTH PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a
beautiful way to build a family. There are currently over 10,630 children in North Carolina that are in
foster care and an estimated 1,521 children were adopted from foster care in 2021 in North Carolina;
and
WHEREAS,adoption is the goal for many special needs children in foster care and there are an estimated
117,470 children nationwide and an estimated 2,835 foster children in North Carolina waiting to be
adopted annually; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional, and
behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused
and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together.
They need our care and they need security; and
WHEREAS, many children find permanent homes through adoption by their foster families or relatives,
thereby creating an ongoing need for new foster and adoptive families. Forty-two children in New
Hanover County found permanence through adoption this past fiscal year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
November 2022 will be recognized as "Adoption Awareness Month" in New Hanover County. The Board
thanks all adoptive mothers and adoptive fathers for their commitment to children. The Board also
encourages the community to honor the special needs of New Hanover County's children in hopes of
securing a permanent, loving family for every child regardless of race, age, gender, health, emotional or
behavioral condition or past distress.
ADOPTED this the 14th day of November, 2022.
NEW HANOVER COON
c�—
^// A� �, Julia on-Roseman, Chair
ViViak
ATTEST:
"` =- K berleigh G. owell, Clerk to the Board
I
1
AGENDA: November 14,2022 ric,nk Page Q
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2023.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth&Economic Development
Strategic Objective(s): Encourage development of complete communities in the unincorporated county
Fund: General
Expenditure: Decrease Increase Total
BA 23-034 Transfer to Capital Project Fund $ 2,500,000 $ 2,500,000
Total $ - $ 2,500,000 $ 2,500,000
'
Revenue: Decrease Increase Total
BA 23-034 Appropriated Fund Balance $ 2,500,000 II$ 2,500,000
Total $ - $ 2,500,000 $ 2,500,000
Prior to Total if Actions
Actions Today Taken
Appropriated Fund Balance Is 25,938,637 I $ 28,438,637
Fund: Capital Improvement Projects
Expenditure: Decrease Increase Total
BA 23-034 Project Grace $ 2,500,000 $ 2,500,000
Total $ - $ 2,500,000��$ 2,500,000
Revenue: Decrease Increase Total
BA 23-034 Transfer in from General Fund $ 2,500,000 $ 2,500,000
Total $ - $ 2,500,000 0$ 2,500,000
Prior to Total if Actions
Actions Today Taken
Project Grace I$ - $ 2,500,000
Section 2: Explanation
BA 23-034 appropriates money not to exceed$2,500,000 for the county to acquire the Project Grace library and
museum project plans from ZAC,LLC in accordance with a memorandum of understanding executed in June and
Septemer 2022.
Section 3: Documentation of Adoption
1 This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
Carolina,that the Ordinance for Budget Amendment(s)23-034 amending the annual budget ordinance for the fiscal
year ending June 30,2023,is adopted.
Adopted,this 14th day of November,2022.
(SEAL)
I T, J li seman,Chair
1 'k'``\ 1r) ATTEST:
It-p4.-f,• �? teighlefl the Board
EuuK_________XWI page 37•q b
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, New Hanover County currently owns the land and building located at 814 Market
Street, Wilmington, North Carolina, which is currently the home of the Cape Fear Museum; and
WHEREAS,the New Hanover County Board of Commissioners has considered the construction of
a new modern museum facility for the benefit of the citizens of New Hanover County; and
I WHEREAS, the New Hanover County Board of Commissioners recognizes the historical
significance of the current building housing the Cape Fear Museum and its importance to
surrounding neighborhoods; and
i
WHEREAS, the New Hanover County Board of Commissioners recognizes that, due to space
requirements and expectations for the utilization of exhibit space in any new museum, the
existing museum location, among other potential uses, is an ideal location for the archival and
display of the historical items comprising the rich history of the county.
I
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that
the current location of the Cape Fear Museum will continue to serve in a museum capacity for
1 the county, either in its current capacity as the county's primary museum, or as an extension of
a potential new museum.
ADOPTED this the 14th day of November, 2022.
NEW HANOVER COUNTY
i
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:i t Y-••••,-
ia on- seman Chair
t\ f ",,' I� ATTEST:
JO-WV-Le- ,
imberleigh . rowel!, Clerk to the Board
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Exhibit
10
AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book )(LW Page 3
AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED NOVEMBER 14, 2022
CASE TA22-03B
WHEREAS,pursuant to N.C.G.S. § 160D,the County of New Hanover ("County") may adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting health, safety, morals or the general welfare;
WHEREAS,the County desires to amend the provisions in the Unified Development Ordinance to
revise tree-related standards for properties along the Highway 421 corridor;
WHEREAS,the amendment clarifies when tree inventory types other than a ground survey are
allowed and allows for more efficient industrial development on the corridor by removing
mitigation requirements for trees within the development envelope of a project;
WHEREAS,the amendment supports the retention of existing trees by requiring preservation of
trees outside the development envelope, adding enhanced street yard requirements along
Highway 421, allowing for the replacement of required landscaping with retention of existing
trees; and incentivizing tree coverage through reductions in required parking and elimination of
the requirement for a tree inventory;
WHEREAS,the amendment defines the terms basal area, development envelope, and essential
site improvements and revises the name of the Tree and Plant Materials for Landscaping manual;
WHEREAS,the County finds that this amendment is consistent with the purpose and intent of
the 2016 Comprehensive Plan because it promotes business success while supporting the plan's
goals related to maintaining environmentally sensitive areas and natural habitats; and
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
interest because it balances two important community needs, economic development and
quality of place;
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1.The Unified Development Ordinance of the County of New Hanover adopted February
3, 2020 is hereby amended per the attached document.
Section 2.Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to
the conditions also approved as part of this action, shall be in full force and effect from and after
its adoption.
Page 1 of 2
Section 4.The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D-
605, that adoption of this amendment is consistent with the purpose and intent of the 2016
Comprehensive Plan because it promotes business success while supporting the plan's goals
related to maintaining environmentally sensitive areas and natural habitats, and that approval of
the amendment is reasonable and in the public interest because it balances two important
4s community needs, economic development and quality of place.
ADOPTED this the 14th day of November, 2022
NEW HANOVER COUNTY
OJNZY•NO
�> ti
fc) �� T 7�o Julia 0 son-Boseman, Chair
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,�� ' ATTEST:
CAANkrelL
ym Crowell, Clerk to the Board
al4141 --
Page 2 of 2
Z22-03B Hwy 421 Tree Standards Amendment CERTIFICATE OF APP •VAL
r :••. r �J!T
Board of Commissioners Adopted Amendment—11-14-2022 ,* HAN•VER SSIONERS
�
I129
TE �� . ERSON
Section 2.3. Definitions and Terms
{ BASAL AREA, OFA TREE
}
The cross-sectional area in square feet of the trunk of a single tree measured at 4 feet above
the ground(i.e., at breast height).
BASAL AREA, OF A TREE STAND
The total basal area in square feet per acre of all trees in a stand.
DEVELOPMENT ENVELOPE
The amount of land area required to accommodate the essential site improvements required to
construct the proposed use.
ESSENTIAL SITE IMPROVEMENTS
Any construction or reconstruction of the site development features required by any local, state,
or federal regulations, ordinances, or laws, located within the limits of disturbance, such as
buildings parking, utilities, stormwater management or other items proposed for construction or
redeveloped on the site.
VEGETATED BUFFER
For purposes of Section 5.7.5, Vegetated Buffer Controls for Conservation, an existing natural
area, or an area planted as recommended in the "
New Hanover County Tree and Landscaping Manual,which preserves,
protects, and restores water quality and estuarine resources. These buffers are an effort to
provide the following functions: filter suspended solids, nutrients, bacteria, and other pollutants
before entering surface waters; provide soil stabilization; provide shading to assist in temperature
regulation of estuarine waters; provide wildlife habitat and aesthetic beauty.
Section 5.3. Tree Retention
5.3.3. TREE INVENTORY
Trees existing on a site at the time of development that are required to be retained or
replaced in accordance with this section shall be inventoried by
any of the following methods, unless the site is
subject to incentives as outlined in 5.3.8, Optional Incentives for Retaining Trees:
A. A field or ground survey indicating the location, size, and species of each
regulated tree;
B. A fixed plot sampling tree inventory as described in the New Hanover County Tree
and Landscaping Manual; or
C. Other tree inventory method approved by the Planning Director.
Areas that will not be disturbed shall be delineated as such and do not require
inventorying individual trees.
Z22-03B Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
5.3.7. MITIGATION
A. When Significant Trees are authorized for removal by a tree removal permit or
Specimen Trees are authorized for removal by a variance, they shall be replaced at
a rate of 2.0 times the caliper inches at DBH removed, except as provided in
subsections D and E below and Section 5.3.8, Optional Incentives for Retaining
Trees.
B. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting.
C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen,
deciduous, canopy, understory, etc.) of tree being removed to the maximum extent
practicable based on the compatibility of the species with proposed buildings and
infrastructure, existing environmental conditions, and diversity of tree species.
D. If the Planning Director determines it is infeasible for a portion or all of the
replacement tree(s) to be accommodated on the site, the Planning Director may
direct that an in-lieu fee be paid to the County's Tree Improvement Fund. The
mitigation fee as set forth in the County's fee schedule shall be charged for every
inch at DBH of Significant Tree removed and two times every inch at DBH of
Specimen Tree removed.
E. Properties zoned 1-2 located along the Hwy 421 corridor between the Isabel Holmes
Bridge to the south, the Pender County line to the north, the Cape Fear River to the
west, and the Northeast Cape Fear River to the east are not required to mitigate
removed Significant and Specimen trees within the development envelope of a
project as long as existing tree coverage outside the development envelope is
retained in accordance with Table 5.3.7.E below. Such areas of retained trees must
be in a strip or patch and be depicted and labeled on approved site plans. These
properties shall still meet all requirements of Section 5.4, Landscaping and Buffering
or, if the Planning Director determines that required plantings cannot be
accommodated on the site, pay an in-lieu fee as described in D above.
'Retention Requirement for Each
Regulated Tree
Regulated Tree.Type j
Number of Minimum DBH
Existing Native of Retained
Trees Trees, Inches
Significant Trees
Dogwoods, Magnolias, Native Flowering Trees, and
American Hollies 4 4
Longleaf Pine, Bald Cypress, Pond Cypress, and 9 6
Hardwoods
{
Z22-03B Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
Other Conifers 12 6
Specimen Trees
Live Oaks, Pond Cypress, and Bald Cypress 18 6
F. Significant Trees and Specimen Trees that are removed by spading and planted
elsewhere on the site are exempt from mitigation. Significant Trees and Specimen
Trees that are removed by spading and accepted by the County for planting on
property at a location designated by the County Manager are exempt from mitigation.
Any tree that has been transplanted for the purpose of this section and becomes
diseased or dies within three years of transplanting shall be replanted by the party
requesting the exemption with a tree of the same species and size or mitigated
pursuant to this article.
5.3.8. OPTIONAL INCENTIVES FOR RETAINING TREES
A. The retention of existing trees on a site is encouraged. As an incentive to encourage
the retention of as many existing trees and existing tree stands on a site as possible,
the following credits may be applied to all existing non-invasive trees in good health
and condition that are retained on a site to protect tree canopy, native species, and
existing natural habitat and as long as the applicable standards of this section are
fully met.
1. One parking space from the minimum number of parking spaces required
by Table 5.1.2.A: Minimum Off-Street Parking, may be credited for every
three existing Documented Trees or two existing Significant Trees retained
on a site, up to a maximum of a 15 percent reduction of the parking
requirements.
2. Retention of existing unregulated or Documented Trees a minimum of 2
inches DBH counts for mitigation of the removal of Significant Trees with
every inch at DBH retained counting for one mitigation inch.
3. Retention of existing native species unregulated or Documented Trees a
minimum of 2 inches DBH counts for the mitigation of Significant Trees or
Specimen Trees removed with an approved variance, with every inch at
DBH retained counting for one mitigation inch for Specimen Trees and 1.5
mitigation inch for significant Trees.
4. Retention of existing trees growing in mature native forests, as determined
by a certified arborist, Of a North Carolina licensed forester, a landscape
architect, or other person skilled and experienced in identifying native tree
species, counts for mitigation of the removal of Significant Trees or
Specimen Trees removed with an approved variance,with every aggregate
inch at DBH counting for one mitigation inch for Specimen Trees and 1.5
mitigation inch for Significant Trees.
5. Retention of existing trees growing in stands or natural clusters, as
determined by a certified arborist, or a North Carolina licensed forester, a
,ta
Z22-0313 Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
landscape architect, or other person skilled and experienced in identifying
native tree species, counts for the mitigation of Significant Trees or
Specimen Trees removed with an approved variance,with every aggregate
inch at DBH retained counting for one mitigation inch for Specimen Trees,
1.5. mitigation inch for Significant Trees if primarily composed of native
species, and 1.0 mitigation inch for Significant Tree is primarily non-native
species.
6. For properties zoned I-2 located along the Hwy 421 corridor between the
Isabel Holmes Bridge to the south, the Pender County line to the north, the
Cape Fear River to the west, and the Northeast Cape Fear River to the
east:
a. A tree inventory shall not be required for development of sites that
provide a combination of retained and newly planted native trees that
cover a minimum of 10% of the parcel, minus the water surface area of
water bodies (excluding stormwater facilities), conservation resources
identified in Section 5.7, Conservation Resources, and existing
easements. Retained trees in patches or strips must have a minimum
density of 80 trees/acre in trees of minimum 4-inch DBH. Planted trees
of minimum caliper of 2 inches must be spaced at minimum of 15 feet.
b. Retention of existing tree coverage may replace required street
yard and transitional buffer landscaping at a rate of one square foot in
basal area of retained trees for one square foot in basal area of required
landscaping trees. Retention of existing tree coverage may replace
required foundation landscaping area on a square foot for square foot
basis as long as the tree coverage meets the density requirements
outlined in subsection a above. Landscaping may be retained at any
location on the subject site, but at least one half of tree retention to
replace street yard or buffer plantings must be located within the
required street yard area or buffer area, as applicable.
Section 5.4. Landscaping
5.4.2. GENERAL STANDARDS
A. All plant materials and their spacing requirements,which are to be planted to meet
the opacity and height requirements of this section, shall be either selected from
the " New Hanover
County Tree and Landscaping Manua/prepared by the County Planning and Land
Use Department and incorporated herein by reference (it is available in the
County Planning and Land Use Department), or approved by the New Hanover
County Agricultural Extension Service. Unless otherwise specified, any canopy
tree planted to meet the requirements of this section shall be a minimum of 2-inch
caliper in size at the time of planting and any understory tree planted to meet the
requirements of this section shall be a minimum of 8 feet in height at time of
planting.
Z22-03B Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
5.4.3. TRANSITIONAL BUFFER STANDARDS
Table 5.4.3.B.2: Landscape Buffer Types
Buffer Type Minimum Width and Plantings Required
Type A.Opaque Buffer
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, 20 feet, or 25 percent of the minimum structure setback for taller
structures outlined in Section 3.1.3.C, whichever is greater.**(11-01-20211
Option 1:
Vegetation Only Planted materials shall be a minimum of six feet in height and provide approximately full opacity
within one year of planting.*
}
A minimum of three rows of planted material are required.
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, 20 feet, or 25 percent of the minimum structure setback for taller
structures outlined in Section 3.1.3.C,whichever is greater.**f11-01-2o21J
Option 2: The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized
Combination with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less
Berm& with a level or rounded area on top.
Vegetation
The combined height of the berm and planted vegetation shall provide approximately full opacity
to a minimum height of six feet within one year of planting. The height of the berm and
1 vegetation shall be measured from the ground level at the nearest lot boundary line.*
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, 10 feet, or 20 percent of the minimum structure setback for taller
structures outlined in Section 3.1.3.C, whichever is greater.**f11-o1-2o21J
Fencing shall be between 6 and 10 feet in height.
Option 3: Required planted materials shall be located between the fence and the common property line
Combination unless otherwise specified.
Fencing& If solid fencing is used, planted materials a minimum of three feet in height and providing a
Vegetation minimum of approximately 50 percent visual opacity at initial planting shall be required.
Vegetation shall be planted between the fence and the nonresidential or attached structure if
the required buffer is 15 ft. or less in width to accommodate regular maintenance.*
If permeable fencing is used, a minimum of two rows of planted materials providing
approximately full opacity within one year of planting are required.*
Type B:Aesthetic Buffer
Width: 20 ft. minimum
fi
Option 1: Planted materials shall provide approximately 50 percent opacity within one year of planting.*
Vegetation Only $
A minimum of three rows of planted material, using a minimum of two plant species that will
result in different heights at maturity, are required.
Width: 10 ft. minimum
Planted materials shall provide approximately 50%opacity within one year of planting.*
Option 2:
Combination Fencing shall be between 4 and 10 feet in height.
Fencing& Planted materials shall be planted between the fence and the industrial use with sufficient space
Vegetation to accommodate regular maintenance.
If permeable fencing is used, at least one row of planted materials is required. Chain link or
wire fencing cannot be used to meet the fencing requirement.
* Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the wee
New Hanover County Tree and Landscaping Manual.
Z22-03B Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
Table 5.4.3.6.2: Landscape Buffer Types
Buffer Type Minimum Width and Plantings Required
" If the applicant increases the required buffer width, an equivalent reduction in a building's setback is allowed,
except for interior side and rear setbacks from residential properties in the B-1, B-2, and O&I districts.
5.4.6. STREET YARD STANDARDS
A. Street yard landscaping is required for new construction of principal structures,
expansions to existing structures, and changes of use whenever additional off-street
parking is required, excluding the following uses:
1. General Agricultural and Forestry Uses;
2. Residential development unless built to the commercial building code:
3. Private Residential Boating Facilities;
4. Cemeteries;
5. Park and Recreation Areas with no structures or parking areas; and
6. Utility lines.
B. Street yard area shall be required in accordance with the specifications outlined in
Table 5.4.6.B, Street Yard Area Standards. The applicant may install the street yard
in any configuration that provides the required amount of street yard square footage
between the property line and any site improvements and that conforms with required
street yard minimum and maximum widths. Street yards may be located within any
required setback.
Z22-03B Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
Table 5.4.6.B: Street Yard Area Standards
Zoning District or Use Required Area
• 25 square feet for every linear foot of street
yard frontage
B-2,CS,1-1,1-2,AC j • Minimum street yard width: 12.5 feet
• Maximum street yard width: 37.5 feet
B-1,CB,O81, RMF-L,RMF-M,RMF-MH,
RMF-H,EDZD,UMXZ Districts • 18 square feet for every linear foot of street
yard frontage
Developments with Additional Dwelling • Minimum street yard width: 9 feet
Allowance or High-Density Development • Maximum street yard width: 27 feet
Special Use Permit[09-08-2020J[03-21-2022j
• 12 square feet for every linear foot of street
Non-Residential Uses in Residential yard frontage
Districts • Minimum street yard width: 8 feet
• Maximum street yard width: 18 feet
— The road fronting width of driveways are not included in the linear street frontage when
determining the base street yard area. [09-08-2020j
— The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit
amenities shall be subtracted from the base street yard area required above to get the total
required street yard area.
— Areas designated for stormwater functions. except piped areas, shall not be included in the
required street yard area.
— The applicant may choose to increase the required square footage per linear foot up to 25
percent to receive an equivalent reduction in the building's front yard setback.
— The applicant may install the street yard in any configuration that provides the required
amount of street yard square footage between the property line and any site improvements
as tong as it remains in compliance with the minimum and maximum widths outlined above.
C. For every 600 square feet of street yard area on average, the following landscaping
shall be provided:
1. One canopy/shade tree or if overhead power lines are located above the
street yard, three (3) understory trees; and
2. Six shrubs, 12 inches in height at time of planting.
D. For properties with frontage on Hwy 421 between the Isabel Homes Bridge to the
south and the Pender County line to the north, in addition to the landscaping required
by subsection C above, the property owner shall provide, within the first 10 feet of
land adjacent to and parallel to the right-of-way, one deciduous or evergreen tree
native to the Hwy 421 area, as included in the New Hanover County Tree and
Landscaping Manual, a minimum of two inches caliper in size at time of planting,
planted along every 40 feet of road frontage on average. Plantings may be moved
Z22-03B Hwy 421 Tree Standards Amendment
Board of Commissioners Adopted Amendment—11-14-2022
outside this area if it is determined that overhead power lines or other site features
would interfere with the trees'natural growth.
E. Street yard landscaping shall be required along all street frontages. For sites with
two or more street frontages, only the primary street frontage shall be required to
contain the full amount of street yard as determined in Table 5.4.6.B: Street Yard
Area Standards. Secondary street frontages are required to contain 50 percent of
the required street yard area.
F. If there are existing trees of a minimum two inches DBH in the proposed street yard,
the Planning Director may grant credit for those trees toward meeting tree
preservation requirements. In addition, the Planning Director may require the saving
of any regulated tree in the street yard area.
G. On a case-by-case basis, the Planning Director may approve alternate planting
materials or substitutions to street yard planting requirements where requirements
would not be practical due to existing vegetation or other unique conditions. Such
substitutions shall be determined to be in keeping with the purpose and intent of this
section.
H. For all lots of record two acres or less in size, if the Planning Director determines that
the essential site improvements cannot be accommodated under these
requirements, then the required street yard area may be reduced by one-half, but in
no case shall it be reduced to less than one-half.
I. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or
fences, and transit amenities shall be permitted within the street yard; however,
parking areas shall not be permitted.
5.4.7. FOUNDATION PLANTINGS
A. Foundation plantings located between the building face and the parking lot or
drive aisle shall be required for all portions of buildings adjacent to parking lots or
internal drive aisles.
B. The following minimum standards are required, though additional landscaping is
encouraged:
1. The foundation plantingarea shall be 12 percent of the area of the first-
floor building face, or building face up to 25 feet in height, whichever is
less, adjacent to the parking area or internal drive; and
2. The foundation planting area shall be planted as landscaped areas of
sufficient variety, height, and size, with plantings listed in wee-and-Want
" the New Hanover County Tree and
Landscaping Manual.
3
Exhibit
AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book XU1 l Page 3=
AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED NOVEMBER 14, 2022
CASE TA22-04
WHEREAS, pursuant to N.C.G.S. § 160D,the Countyof New Hanover("County")
( y )may adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting health, safety, morals or the general welfare;
WHEREAS, the County desires to amend the Unified Development Ordinance by incorporating
the New Hanover County Stormwater Ordinance as Article 7: Stormwater Management;
WHEREAS, the amendment adds a reference to the Stormwater Variance procedures and
updates the responsibilities of the County Engineer in Article 10: Administrative Procedures;
WHEREAS, the County finds that this amendment is consistent with the purpose and intent of
the 2016 Comprehensive Plan because it will allow for more streamlined business processes and
coordinated review of development proposals, as all of the county's development related
ordinances will be in one comprehensive document.; and
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
interest because it clarifies current stormwater regulations and practices for stakeholders and
code users;
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Unified Development Ordinance of the County of New Hanover adopted February
3, 2020 is hereby amended per the attached document.
Section 2.Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to
the conditions also approved as part of this action, shall be in full force and effect from and after
its adoption.
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Page 1 of 2
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Section 4.The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D-
605, that adoption of this amendment is consistent with the purpose and intent of the 2016
Comprehensive Plan because it promotes business success while supporting the plan's goals
related to maintaining environmentally sensitive areas and natural habitats, and that approval of
the amendment is reasonable and in the public interest because it balances two important
} community needs, economic development and quality of place.
ADOPTED this the 14th day of November, 2022
NEW HANOVER COUNTY
ovc�Ty.
Ju is Olson-Boseman, Chair
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, ATTEST:
•fS416CISF1fo
eftArIV<SIL.
ym Crowell, Clerk to the Board
Page 2 of 2
CERTIFICATE OF APPROVAL
? HAN COON D OF TONERS
11 �9 Zb
ATE RPERSON
Article 7: Stormwater Management
Section 7.1. Title
This Article may be cited as the "New Hanover County Stormwater Management Ordinance."
Section 7.2. Purpose
The purpose of this article is to protect and promote the health, safety and general welfare of the
public; and to safeguard the natural and manmade resources of the County by regulating
stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon
existing and proposed development activities and establishing procedures by which these
requirements and conditionsr q are to be administered and enforced.
Section 7.3. Authority and Jurisdiction
A. The provisions of this article are adopted under the authority granted by the General
Assembly of North Carolina.
B. The regulations set forth in this article shall be applicable to all territory within the
unincorporated areas of the County.
Section 7.4. Objectives
The objectives of this article are to:
A. Establish the County's stormwater management program;
B. Identify areas prone to flooding;
C. Prevent the creation of new floodprone areas;
D. Reduce the discharge of stormwater runoff to the maximum extent practicable by
controlling discharge rates;
E. Reduce erosion associated with stormwater runoff;
F. Provide for the inspection and proper maintenance of structural and nonstructural
stormwater control measures and;
G. Provide for the enforcement of the County's stormwater management program in the
unincorporated portions of the County.
Section 7.5. Incorporation of Design Manual by Reference
The New Hanover County Stormwater Design Manual, as approved by the New Hanover
County Board of Commissioners, with subsequent amendments approved by the County
Manager, is adopted by reference as part of this article and shall be available through the
Engineering Department.
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Section 7.6. Definitions
For the purpose of this Article, the following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
APPLICANT
The owner of a site who submits a plan for a project pursuant to this article.
APPLICATION
The application form to be submitted by applicant for a plan for a project pursuant to this
article.
STORMWATER PERMIT
The County will issue a Stormwater Permit following the satisfactory review of the application
form and supporting documents demonstrating the applicant has satisfied the requirements
of this article.
BEST MANAGEMENT PRACTICE(BMP)
A structural or nonstructural management-based practice used singularly or in combination to
reduce flow and/or nonpoint source pollution inputs to receiving waters to achieve stormwater
management goals. (see also Storm water Control Measure and Facility)
BUILT-UPON AREA
{ Impervious surface and partially impervious surface to the extent that the partially impervious
surface does not allow water to infiltrate through the surface and into the subsoil including but not
limited to buildings, pavement, gravel, tennis and basketball courts, etc. "Built-upon area"does
not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as
designated by the American Society for Testing and Materials, laid at least four inches thick over
a geotextile fabric; a pedestrian trail as defined in NC G.S. 113A-85 that is either unpaved or
paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001
centimeters per second(1.41 inches per hour); or landscaping material, including, but not limited
to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic
or on portions of driveways and parking areas that will not be compacted by the weight of a
vehicle, such as the area between sections of pavement that support the weight of a vehicle.
CERTIFICATE OF COMPLETION
A signed, sealed and dated certificate prepared by an authorized design professional which states
that the construction authorized by the Stormwater Permit as issued by the County has been
completed.
CERTIFICATE OF OCCUPANCY
The certificate from the County inspections department allowing the occupancy of a building.
COMMON PLAN OF DEVELOPMENT
A site where multiple separate and distinct development activities may be taking place at different
times on different schedules but governed by a single development plan regardless of ownership
of the parcels. Information that may be used to determine a "common plan of development"
include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings,
zoning requests, and infrastructure development plans.
CONNECTION
Any ditch, pipe or other device for the diversion or transmission of storm drainage which will in
any way affect the operation or maintenance of the receiving stormwater conveyance.
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DESIGN PROFESSIONAL
The individual meeting North Carolina occupational licensing requirements who designs the
proposed stormwater system.
DETENTION
The collection and storage of stormwater runoff with subsequent discharge to surface waters.
DEVELOPED LAND
Parcels altered from a natural state by construction or installation of impervious surfaces. For new
construction, the County shall consider parcels developed upon the issuance of a Land Disturbing
Permit or Building Permit or Stormwater Permit or Certificate of Occupancy Stormwater Permit
pursuant to this article.
DEVELOPER
A person engaged in land, site or building development.
DEVELOPMENT
Any activity for which a building permit or a land disturbing permit is required, or where any land
disturbing activity occurs, and that does not provide greater or equal stormwater control to that of
the previous development.
DRAINAGE NUISANCE
The unapproved obstruction of swales, ditches, culverts, pipes or other stormwater conveyances
and includes Stormwater Control Measures and associated conveyances that are not performing
as designed.
DRAINAGE PLAN
For development not requiring a stormwater permit, a plan showing existing drainage features,
direction of stormwater runoff and details demonstrating how existing drainage patterns will be
maintained.
EXCAVATION
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar
material is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING DEVELOPMENT
Development that, prior to the effective date of this ordinance, has either been lawfully
constructed or has established a vested right under North Carolina law to construct a
proposed project or portion thereof. With regard to application of this ordinance, a vested right
will be recognized as follows:
1. For development that does not require a state permit, a vested right shall exist for any
portion of a development that has an approved or a completed written or subdivision plat
covering that portion. A "completed application" is one that meets all application
requirements, including payment of all required fees and submission of all required
information, prior to the effective date of this ordinance. A vested right shall expire if the
validity of an approved or completed application or approval is not continuously maintained
as otherwise required under this Article.
2. For development that requires a state permit, vested rights shall be recognized if the
project meets all the requirements of A) above, and additionally has received necessary
state permits required for the use or for construction.
FACILITY
A structural stormwater management-based measure used singularly or in combination to reduce
flow to receiving waters to achieve stormwater management goals, and shall include all land,
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materials, and appurtenances used in construction and operation of the facility. Facilities may
include, but are not necessarily limited to, constructed wetlands, infiltration systems, retention
ponds, detention ponds, grassed swales, and ditches. (see also Best Management Practice and
Stormwater Control Measure)
FILL
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any similar
material is deposited, placed, pushed, pulled or transported.
FLOODPLAIN
Any area susceptible to being inundated by water from any source. All development activity
governed by this article shall be evaluated for the flood conditions anticipated for the 100-year
frequency storm.
GRADING
Any act causing disturbance of the earth. Grading shall include but not be limited to any
excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any
combination of such activities.
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IMPERVIOUS
Any material that impedes or prevents the natural filtration of water into the soil.
IMPERVIOUS SURFACE
Developed areas of land that prevent or significantly impede the infiltration of Stormwater into the
soil. Typical impervious surfaces include, but are not limited to: roofs, sidewalks, walkways,
patios, swimming pools, private driveways, parking lots, access extensions, alleys and other
paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly
impede the natural infiltration of Stormwater into the soil.
IMPERVIOUSNESS
The degree to which a site is impervious.
INFILTRATION
The recharge of storm water runoff into the subsurface soil.
LAND DISTURBING ACTIVITY
Any earth movement and land use changes which may result in soil erosion or the movement of
sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading,
excavating, stripping, filling and related activities, and the covering of land surfaces with any
structure, impermeable, or partially-impermeable material. Mowing and bush hogging operations,
which does not disturb the root mat, shall not be considered land-disturbing activity.
NATURAL GROUND SURFACE
The ground surface in its original state before any land disturbing activity.
NATURAL STATE
Existing undeveloped land where the soil and vegetation characteristics have not been
substantially modified or disturbed by human activities and the hydrologic function is in an
unaltered or natural condition.
OFF-SITE FACILITY
With respect to any particular property, a stormwater management facility serving the property
but not located on the property.
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ON-SITE FACILITY
With respect to any particular property, a stormwater management facility serving such property
and located on such property.
OWNER
The owner or owners of a site on which land disturbing activity is, will or has been done.
PERMIT
Any and all permits required by federal, state and local ordinances and regulations.
PERMITTEE
Any person to whom a permit is issued.
PERSON
Anyindividual, corporation,
p partnership, joint venture, agency, unincorporated association,
municipal corporation, County, state or federal agency, or any combination thereof.
PHASED DEVELOPMENT
The development of land by phasing over an extended period of time.
POST-DEVELOPMENT STATE
A site in its proposed condition following the completion of a development activity.
PREDEVELOPMENT STATE
A site in its natural state prior to any development activity.
REDEVELOPMENT
The substantial modification of an existing developed area. Redevelopment does not include
projects limited strictly to interior remodeling. When additional development occurs at a site that
has existing development, the built-upon area of the existing development shall not be included
in the density calculations for additional stormwater control requirements, and stormwater control
requirements cannot be applied retroactively to existing development
RETENTION
The collection and storage of stormwater runoff without subsequent discharge to surface waters.
SEDIMENT CONTROL(LAND DISTURBANCE)PERMIT
The sediment control permit issued by the County or the state authorizing land disturbing activities
in accordance with applicable ordinances and regulations.
SITE
That portion of land, lot, or parcel of land, or combination of contiguous lots or parcels of land
upon which development is to be performed.
STORM FREQUENCY
The average recurrence interval, in years, between rainfall events which equal or exceed the
given event. (Example: A two-year frequency storm is a storm of an intensity expected to occur
on the average, at least once in two years, and of a duration which will produce the peak rate of
runoff for the watershed of interest).
STORMWATER CONTROL MEASURE(SCM)
A device or practice that is designed to alter or reduce runoff velocity, amount, timing, or other
stormwater characteristics and/or trap, settle out, filter, or otherwise reduce pollutants from
stormwater runoff. The term includes all measures formerly known as "best management
practices"or"BMPs". Such measures include but are not limited to stormwater detention facilities,
constructed wetlands, bioretention areas, sand filters, rainwater harvesting systems, vegetative
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areas, level spreaders, filter strips, buffers, vegetated swales, and appurtenant drainage facilities.
(see also Best Management Practice and Facility)
STORMWATER CONVEYANCE
Any feature of the landscape or earth, manmade or natural, whose primary purpose is to carry
stormwater in a concentrated flow. It does not include stormwater control measures, best
management practices, and stormwater facilities whose purpose is to manage the quantity or
quality of stormwater.
STORMWATER DESIGN MANUAL
The current New Hanover County Storm Water Design Manual available from the Engineering
Department.
STORMWATER DISCHARGE
Runoff of water resulting from precipitation in any form.
STORMWATER MANAGEMENT
Qualitative and quantitative measures for controlling stormwater runoff. Qualitative controls
consist of vegetative, structural and other measures which control or treat pollutants carried by
runoff. Quantitative controls consist of vegetative and structural measures which control the
increased volume and rate of surface runoff caused by manmade changes to the land and have
the effect of maintaining the predevelopment patterns of flood magnitude and frequency.
STORMWATER MANAGEMENT PLAN
A plan designed in accordance with the County stormwater design manual to minimize flooding,
water quality impacts and erosion, prevent off-site sedimentation and manage stormwater runoff,
submitted as a prerequisite to obtaining a Stormwater Permit. The plan shall be prepared and
designed in accordance with this article, all other County regulations, and applicable state and
federal laws and regulations.
STORMWATER SYSTEM
All manmade structures or natural features within the County that serve to provide for conveyance
of stormwater runoff water resulting from natural storm events. Components of the stormwater
system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs,
culverts, manholes, swales, inlet structures and infiltration fields.
SUPPORTING DOCUMENTS
Plans, profiles, details, specifications, calculations, deeds, easements, covenants, operation and
maintenance plans, maps delineating the 404 wetlands on the site signed by the U.S.Army Corps
of Engineers, soils investigation data, and other such material as may be required by the County
to review the application for Stormwater Permit for a project pursuant to this article.
UNDEVELOPED LAND
Land that does not meet the definition of developed land.
WATERCOURSE AND DRAINAGEWAY
Any natural or artificial feature, including, but not limited to:streams, rivers, creeks, ponds, lakes,
ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes in
which waters flow in a definite direction or course, either continuously or intermittently; and
including any area adjacent thereto which is subject to inundation by reason of overflow of
floodwater.
WETLANDS(404 WETLANDS)
Those areas defined by the U.S. Army Corps of Engineers as jurisdiction 404 wetlands.
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Section 7.7. Policies
7.7.1. COUNTY'S ROLE
The County has a role in the management of stormwater through authorization, planning,
construction, operation, and maintenance of facilities to reduce the adverse effects of stormwater
runoff and to satisfy state and federal statutes and regulations. It is the intent of the County for
Stormwater Services to ensure proper conveyance of stormwater through provision of limited
maintenance for some portions of stormwater conveyances on private property in accordance
with administrative policies.
7.7.2. PROPERTY OWNER RESPONSIBILITY
Although the County Storm water Services intends to provide limited maintenance on private
property, it shall remain the ultimate responsibility of individual property owners of developed or
undeveloped land within the unincorporated areas of the County, to maintain stormwater
conveyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals,
conduits and culverts, and stormwater control facilities, such as ponds and lakes within their
property. Where conditions of existing stormwater facilities are determined to be deficient or a
public nuisance, and the property owner fails to correct the deficiencies after being notified by the
County, the County may arrange for the deficiencies to be corrected and recover all costs thereto
from the property owner. However, the recovery of costs from property owners is subject to appeal
as described in Section 7.17.
7.7.3. LIMITATIONS OF ARTICLE
This article does not imply that properties within the unincorporated area shall always be free from
flooding or flood damage, surface water stagnation or nonpoint source pollution or that all flood
control and water treatment projects to control the quantity and quality of runoff can be cost-
effectively constructed. Nothing in this article shall create additional duties on the part of the
County or hold the County liable for any damages incurred in a flood or from adverse water quality
due to stormwater runoff. Nothing in this article shall waive the County's immunity or defenses
under state law or reduce the need or necessity for flood insurance.
7.7.4. CONSISTENCY WITH COUNTY, STATE, FEDERAL RULES AND
REGULATIONS
The requirements of this article shall be enacted, administered, and enforced consistently with
the requirements of the County, state and federal government for controlling stormwater quality
and quantity. If the requirements of this article are found to conflict with other rules and regulations
of the County, the state, or the federal government, the more stringent or higher requirements
shall govern unless limited by state or federal law.
Section 7.8. Development Plans and Permits
7.8.1. STORMWATER MANAGEMENT STANDARDS
All land within the unincorporated areas of the County to be developed shall have sufficient
stormwater conveyances and control measures to ensure the protection of life, property, and
natural resources from increased quantity of runoff.
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Development subject to this article shall, at a minimum, provide stormwater conveyances
designed to properly convey stormwater runoff for post-development conditions during the 2-
year, 10-year, and 25-year frequency storm events and shall provide adequate stormwater
control measures to mitigate the increased runoff from the post-development conditions during
the 2-year, 10-year, and 25-year frequency storm events such that the discharge rate leaving
the development in post-development condition does not exceed the pre-development rates.
A. Drainage Plan Requirement:
Submittal and approval of a Drainage Plan is required for all development unless all
of the following conditions are met.
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1. The development does not result in additional built upon area;
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2. The development does not include the importation of any fill material;
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3. The development does not alter the capacity or pattern of any existing $
drainage conveyance systems or involve the piping of any open
conveyance; and
4. The development provides greater or equal stormwater control to that of
the previous development. r
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It is the responsibility of an applicant to provide sufficient information in the Drainage
Plan so the County or its agents may reasonably evaluate the characteristics of
stormwater modifications, the potential and predicted impacts of the proposed
activity on adjacent areas, and the effectiveness and acceptability of those measures
proposed by the applicant for reducing adverse impacts. The applicant shall provide,
as necessary, maps, tables, photographs, narrative descriptions and explanations
to demonstrate compliance with the County's stormwater management standards.
The Drainage Plan need not be prepared by a registered design professional.
However, the County will consider plans and additional alternatives to meet the
stormwater requirements if prepared by a registered design professional. An on-site
meeting with the County Engineer or his/her designee is strongly encouraged prior to i
plan preparation.
The Drainage Plan shall be submitted as part of the application for a building permit e
or land disturbing permit.
B. Stormwater Permit Requirement:
A Stormwater Permit and Stormwater Management Plan are required for any
development activity that will result in the accumulation of 10,000 square feet or more
of built upon area on any site or as part of a common plan of development. A one- z
time exemption may be granted for the addition of 3,000 square feet of built upon
area when the existing built upon area exceeds 10,000 square feet or will exceed
10,000 square feet upon the addition of 3,000 square feet of new built upon area.
1. Required stormwater control measures shall be designed, constructed and
maintained by the owner of the property in accordance with the provisions
of this article. r
2. The County Engineer may require submittal of a stormwater impact
analysis and additional stormwater control measures for development at or
upstream of documented flooding cases or where stormwater runoff from
the site may cause adverse effects on other public or private properties.
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The stormwater impact analysis shall evaluate downstream conditions and
make design recommendations for improvements to maintain adequate
stormwater management per this article. Analysis must be conducted to
the next downstream facility(i.e. NCDOT culvert or natural water body).
Section 7.9. Plan Review
A. The application and supporting documents shall be reviewed by the County or its
{ agents. Upon satisfactory review of the application form and supporting documents
whereby the County finds that the application and supporting documents are
consistent with the requirements of the ordinance from which this article is derived,
the County will issue a Stormwater Permit. If no action is taken by the County within
the time limits specified in the design manual, the project will be deemed to have
been approved and the County will take appropriate action.
B. The review of the application and supporting documents by the County shall
determine if the request submittal is complete and in accordance with the
requirements of the ordinance from which this article is derived. Nothing in the review
shall create additional duties on the part of the County that are the responsibilities of
the owner and the design professional.
Section 7.10. Operation and Maintenance
The owner shall be responsible for the operation and maintenance of required permitted
stormwater control facilities and conveyances serving those facilities. If repairs are needed to the
stormwater facilities and associated conveyances, the owners of record, as ascertained from the
County tax record or other public documents that the County personnel may choose to examine,
shall be responsible for making the repairs.
Section 7.11. Transfer of Ownership
A. Transfer of Ownership Authorization for Stormwater Control Facilities Falling
within Common Areas of a Development
Ownership of stormwater control facilities falling within the common areas of a
development shall not be transferred without the written authorization of the County.
The application form to transfer ownership may be obtained from County Engineering.
The application fee for requesting authorization to change ownership shall be based
on a fee schedule approved by the County Board of Commissioners.
B. Transfer of Ownership of Stormwater Control Facilities Not Falling within
Common Areas of a Development
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Ownership of stormwater control facilities, including, but not limited to grassed
swales, ditches and water-carrying devices, that fall within the deeded areas of an
individual parcel or home site, shall not be transferred with the passing of a general
warranty deed without the written authorization of the County. The deed restrictions
are to state that the owner will continue to operate and maintain the facilities in
accordance with the conditions, obligations and duties of the Stormwater Permit and
the ordinance from which this article is derived. Acceptance of the general warranty
deed shall be a certification that the proposed owner(s) will continue to operate and
maintain the stormwater control facilities in accordance with the conditions,
obligations and duties of the Storm water Permit and the ordinance from which this
article is derived.
Section 7.12. Variance Requests
A design variance from the requirement to provide management of post-development runoff of
this article must be requested in advance in writing. A final permit will be issued to the applicant
subject to verification and certification by the County Engineer that the final design meets the
requirements identified in the original written variance request. All other provisions of the article
remain applicable to development within the unincorporated areas.
Section 7.13. Right of Entry
A. The County shall have right-of-entry on or upon the property of any person subject
to this article and any construction authorization issued under this article. The County
shall be provided ready access to all parts of the premises for the purposes of
inspection, monitoring, sampling, inventory, records examination and copying, and
the performance of any other duties necessary to determine compliance with this
article.
B. Where a person has security measures in force which require proper identification
and clearance before entry into its premises, the person shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the County will be permitted to enter without delay for the purposes of
performing specific responsibilities.
C. The County shall have the right to set up on the person's property such devices as
are necessary to conduct sampling and/or metering of the person's operations as it
applies to this article.
D. Any temporary or permanent obstruction to safe and easy access to the areas to be
inspected and/or monitored shall be removed promptly by the person at the written
or verbal request of the County. The costs of clearing such access shall be borne by
the person.
E. The County may inspect the facilities of any user to ensure compliance with this
article. Such inspection shall be made with the consent of the owner, manager or
signatory official. The County may seek issuance of an administrative search warrant
if such consent is refused.
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Section 7.14. Violations
Any of the following shall be a violation of this article and shall be subject to the enforcement
remedies and penalties provided by this article and by state law.
A. Development without permit
To engage in any development or redevelopment, subject to the jurisdiction of this
article without all required certificates or other forms of authorization as set forth in
this article.
B. Development inconsistent with permit
To engage in any development, use, construction, remodeling or other activity of any
nature in any way inconsistent with any approved required certificate or other form of
authorization granted for such activity.
C. Violation by act or omission
To violate, by act or omission, any term, variance, modification, condition or
qualification placed by the County or its agent boards upon any required permit,
certificate or other form of authorization of the use, development or other activity upon
land or improvements on the land.
D. Use in violation
To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or
structure, or to use any land in violation or contravention of this article or any other
regulation made under the authority conferred by this article.
E. Continuation
To continue any of the violations listed in subsections (A) through (D) of Section 7.14
is a separate and distinct offense for each day.
Section 7.15. Public Nuisances
A. Drainage Nuisances
The following conditions shall constitute a detriment, danger and hazard to the health,
safety, morals and general welfare of the inhabitants of the County and shall be public
nuisances wherever such conditions may exist. The creation, maintenance or failure
to abate any nuisance is hereby declared unlawful.
1. Any condition which blocks, hinders or obstructs in any way the natural flow
of branches, streams, creeks, surface waters, ditches or drains to the
extent that the premises is not free from standing water.
2. Any conditions whereas earth, sediment, or other natural or man-made
material is placed, washes or erodes onto a natural or manmade swale,
ditch, pipe, channel or water body, either on or off-site, so as to block,
hinder, impair or obstruct positive water flow, in the reasonable discretion
of the County Engineer.
3. Flooding caused by improper or inadequate drainage from private property
which interferes with the use of, or endangers in any way the streets,
sidewalks, parks or other county owned property of any kind provided that
such determination shall be made by the County Engineer.
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4. Any collection of stagnant water for which no adequate drainage is
provided and which is, or is likely to become, a nuisance.
5. Any stormwater retention or impoundment device determined to be
operating improperly by the County Engineer or his designee.
B. Notice to abate; emergency abatement by County
If any person shall violate the provisions of this article, it shall be the duty of the
County to give notice to the owner or to any person in possession of the subject
property, directing that all unlawful conditions existing upon the property be abated
within ten days from the date of such notice or within ten days from the date of a final
decision if appealed to the County Manager or designee. If the County determines
that the unlawful condition poses an imminent danger or peril to the public, then an
authorized representative of the County may, without notice, proceed to abate the
unlawful condition. The cost thereof shall be charged against the property as a lien
collectible in the same manner as ad valorem taxes.
C. Abatement by County where owner fails to abate
Upon the failure of the owner or person in possession of any premises to abate within
ten days any unlawful condition existing on the premises, it shall be the duty of an
authorized representative of the County to cause the removal and abatement of such
unlawful condition.
Section 7.16. Enforcement
Any or all of the following procedures may be used to enforce the provisions of this article.
A. Injunction
Any violation of this article or of any condition, order, requirement or remedy adopted
pursuant hereto may be restrained, corrected, abated, mandated or enjoined by other
appropriate proceeding pursuant to state law.
B. Civil Penalties
Any person who violates any provisions of this article shall be subject to the
assessment of a civil penalty.
C. Denial of Permit
The County shall withhold or deny any permit, certificate or other authorization on any
land, building, structure or use in which there is an uncorrected violation of a provision
of this article, or of a condition or qualification of a previously granted permit,
certificate or other authorization.
D. Conditional Permit or Temporary Certificate
The County may condition the authorization of any permit or certificate upon the
correction of the deficiency, payment of civil penalties within a specified time, or the
posting of a compliance security approved by appropriate government authority.
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E. Revocation of Permit
The County may revoke and require the return of a permit or certificate by notifying
the permit holder in writing, stating the reason for the revocation. Permits or
certificates shall be revoked for any substantial departure from the approved
application plans or specifications; refusal or failure to comply with the requirements
of state or local law; or for false statements or misrepresentations made in securing
the permit or certificate. Any permit or certificate mistakenly issued in violation of any
applicable state or local law may also be revoked.
F. Criminal Penalties
Any violation of this article shall be a misdemeanor or infraction as provided by NCGS
14-4. Each violation shall be subject to a fine not to exceed$500.00.
G. Judicial Enforcement
When any person is in violation of the provisions of this article, the County, through
the County attorney, may petition the superior court of justice for the issuance of a
restraining order or a preliminary and permanent injunction which restrains or
compels the activities in question.
Section 7.17. Appeals
A. Any Person subject to an administrative decision or enforcement under this article
may appeal such decisions or enforcement actions to the County Engineer.
B. Any person assessed a civil penalty or ordered to abate a nuisance under this article
shall have the right to a hearing before the County Manager or the Manager's
designee upon making a written demand to the County Manager specifying the
issues to be contested, within 14 days following receipt of the assessment or
abatement notice.
C. Unless such written demand is made within the time specified in subsection (a) of
this section, the action shall be final and binding.
D. The County Manager or the Manager's designee shall make a final decision on the
contested penalty or abatement notice within 30 days of the receipt of the written
demand for a hearing.
E. The County Manager or the Manager's designee shall transmit a copy of the decision
by registered or certified mail.
F. The decision of the County Manager or the Manager's designee shall be considered
the final administrative action for the purposes of judicial review. However, a person
assessed a penalty or ordered to abate a nuisance may petition the board of County
commissioners requesting review of the County Manager's final decision. The
petition must be presented to the clerk of the board within five days following receipt
of the County Manager's final decision. Any review by the board shall be solely at its s.
discretion.
Section 7.18. Judicial Review
Any person may seek judicial review of a final administrative decision by the County Manager or
the Manager's designee by filing a petition for writ of certiorari within 30 days after receipt of notice
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by registered or certified mail, but not thereafter, with the superior court of the County and with a
copy to the County Manager.
Section 7.19. 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 7.20. Effective Date
June 7, 2021
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Article 10. Administrative Procedures i
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Section 10.1. Advisory and Decision-Making Bodies i
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10.1.1. GENERAL
B. Table 10.1.1 Summary Table of Development Review Responsibilities, summarizes
the specific review responsibilities of advisory and decision-making bodies and R
County staff for each type of application. [05-03-2021]
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Table 0: Summary Table of Development Review Responsibilities
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R = review and recommendation or report; D = decision; A = appeal; F = preliminary forum; <> =
hearing
3 G o
L "a a, reti) v
C t6 d R. C `1
Type of Application .o mo c cc ai ES
E -a "E E
'� �o u 5 E = c
m V a m < 43)I— lJ 0
a t
Relief
Variance—Zoning and Subdivision <D> R
Variance—Floodplain See Article 9:Flood Damage Prevention
Variance-Stormwater See Article 7:Stormwater Management
Reasonable Accommodation <D> R
NOTES:
[1] If the Planning Board's decision is to recommend denial of the application,the applicant must submit written notice to the
Planning Director of the applicant's intent to proceed with the hearing before the Board of Commissioners within 10
calendar days of the Planning Board's decision. If the applicant does not provide such notice within that time period,the
application shall be deemed withdrawn.
[2] The applicant may request,at the applicant's option,that the TRC review and provide comments on the application.In such a'
cases,the TRC does not make a recommendation on the application.
[3] The decision may be appealed directly to the Superior Court of New Hanover County(see N.C.G.S.§ 160D-1403).
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10.1.7. COUNTY ENGINEER
The County Engineer shall have the following powers and duties: 1`
A. Meet the objectives and enforce the storm water management standards as stated
within Article 7 Stormwater Management; and I
B. To accept applications for construction plans and to issue ap
proval letters for the
installation of the required improvements in accordance with the approved plans and
the design standards specified in this Ordinance.
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