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Agenda 2006 06-05 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilminjfton, NC ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP. JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHEll, COUNTY MANAGER' WANDA COPLEY, COUNTY A HORNEY' SHEilA SCHULT, CLERK TO THE BOARD June 5, 2006 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:35 p.m. 1. Consideration of a Proclamation Declaring June 2006 as National 27 Homeownership Month 5 :40 p.m. 2. Consideration of a Proclamation Declaring June 4-10, 2006 Rip Current 29 Awareness Week 5 :45 p.m. 3. Public Hearing on the FY 2006 - 2007 Recommended Budget 31 New Hanover County Schools Cape Fear Community College 6:00 p.m. Public Hearing on FY 2006 - 2007 Recommended Budget 6:45 p.m. 4.1 Public Hearing 33 Special Use Permit - Request by Castle Hayne Farms to consider a Special Use Permit to locate a single wide mobile home in a RA Rural Agricultural District located at 4415 Castle Hayne Road (S-559, 05/06) 6:55 p.m. 4.2 Public Hearing 41 Rezoning/Conditional Use - Request by Withers & Ravenel for GSSC Properties to rezone approximately 2.46 acres from R-15 Residential and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business District located in the 4800 block of Carolina Beach Road (Z-840, 05/06) 7:15 p.m. 4.3 Public Hearing 55 Special Use Permit - Request by LaDonna Sansevero to consider a Special Use Permit to expand an existing day care facility from 5 to 10 children in a R-lO Residential District located at 501 Manet Road (S-557, 05/06) 7:25 p.m. Break 7:35 p.m. 4.4 Public Hearing 61 Special Use Permit - Request by SecofConstruction for Brad Dunker and Sharon Walker to consider a Special Use Permit to accommodate a 204 child day care facility in an R-15 Residential District located at 547 Sanders Road, north side (S-558, 05/06) 7:55 p.m. 4.5 Public Hearing 69 Text Amendment - Request by Jussara Bastos to amend the New Hanover County Zoning Ordinance to allow a Bed & Breakfast Inn in an R-15, R-20, R- 20S, and AR Residential District by Special Use Permit (A-349, 05/06) 8:05 p.m. 4.6 Public Hearing 73 Text Amendment - Request by Planning staffto amend the New Hanover County Flood Ordinance to reflect changes in the requirements for administering future flood conditions (A-350, 05/06) 8:20 p.m. 5. NOTE: This item is withdrawn. 105 Public Hearing and Consideration of Revisions to the New Hanover County Code, Section Five: Animals & Fowl 8:35 p.m. 6. Meeting ofthe Water and Sewer District 107 8:55 p.m. 7. Non-Agenda Items (limit three minutes) 9:00 p.m. 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:15 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 8:35 p.m. 1. Non-Agenda Items (limit three minutes) 8:40 p.m. 2. Approval of Minutes 109 8:45 p.m. 3. Consideration of Request for Approval of Well Site Purchase for Water Plant 111 Project and Approval of Associated Budget Amendment 2006-68 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Authorization to Submit a Federal Grant Application for the Gang Task Force 9 3. Approval of Reappointment of Commissioner William A. Kopp, Jr. to the 11 Southeastern Economic Development Commission Board of Directors 4. Ratification of Grant Application and Approval to Accept Department of 15 Homeland Security Grant in the Amount of$7,208 and Associated Budget Amendment 06-0213 5. Ratification ofFY 05-06 HUD Grant Agreement and Approval of Associated 17 Budget Amendment 06-0205 Approval of Budget Amendments: 6.1 06-0204 Health 19 6.2 06-0206 Social Services 21 6.3 2006-59 Sheriff 23 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Budget Work Session - May 11, 2006 Regular Meeting - May 15, 2006 Closed Session Meeting - May 15, 2006 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Commissioner Nancy H. Pritchett Contact: Nancy Pritchett SUBJECT: Authorization to Submit a Federal Grant Application for the Gang Task Force BRIEF SUMMARY: The Gang Task Force is requesting to submit a federal grant entitled, "Field-Initiated Research and Evaluation Program". The grant is administered through the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. The grant application will be done on contract with UNCW and will be a request for $170,000 per year for two years ($340,000 total). If awarded, the funds will be used for scientific research and evaluation studies to further the mission of reducing juvenile crime. UNCW is agreeable to cooperate on the grant. There is no County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve grant application. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 This page intentionally left blank. 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Reappointment of Commissioner William A. Kopp, Jr. to the Southeastern Economic Development Commission Board of Directors BRIEF SUMMARY: As stated in the letter from the SEDC, Commissioner Kopp was appointed to a one-year term last year when the County rejoined the SEDC. He is eligible for reappointment to a four-year term to expire April 30, 2010. RECOMMENDED MOTION AND REQUESTED ACTIONS: Reappoint Commissioner Kopp to the SEDC Board of Directors FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Letter from the SEDC ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 /( ,f;, I q( I" I 4' _-" r \~ I -r:.. ",' I 03-A West Broad Street ~ Post Office Box 921 /"'''Y~1i4abethtown, North C,,'ollna 28337 Phone 910.862,6985 DC Fax, 910862,6986 Email: sedc@ec.rr.com Home Page: www.sedcnc.org SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION April 20, 2006 Bruce Shell New Hanover County Manager 320 Chestnut Street, Suite 502 Wilmington, North Carolina 28401 Dear Mr. Shell: The term of William A. Kopp, Jr. on the Southeastern Economic Development Commission (SEDC) Board of Directors will expire on April 30, 2006. Mr. Kopp has been representing New Hanover County on the full board of the Commission. In order to insure that New Hanover County has adequate representation on our Board at all times, we are requesting that your Board of Commissioners renew Mr. Kopp's term. Mr, Kopp should be appointed for a four-year term to end on April 30, 2010. Once action has been taken, please notify this office in writing. Should there be questions, please call me at 910/862-6985. Thank you. Sincerely, ~L\ Pamela H, Bostic Research Analyst r'Of''''' APH 2 5 !- vD Serving Southeastern North Carolina for Over 35 Years - . 12 'IIEW liANOVF,R COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 200;; PAGE 279 Residential and nonresidential (af1cr initial six months of ~cwcr availability): Four Inch $2,'i00,OO, or actual cost wlrichever is meater Six 1nch $2.700.00, or actual cost whichever is greater Vice-Chamnan Caster reqllesled direction from the Board, Motion: Comnrissioner DavIs MOVED, SECONDED by Comnussioner Kopp, to approve amending Count) Code Seel10n 'i1i-312 (a)(I) and Section 56-315 (a), Upon vote, the MOTION CARRlED 4 TO 0 CONSIDERATION OF REQUEST FOR BOARD MEMBERS TO REPRESENT NEW HANOVER COUNTY ON THE SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Assistant County Manager Dave Weaver reported dillt Leon Martin. Executive Direclor of the Southeastern Economic Development Comffilssion, has informed the Roard that IlIey should appoint Iour board members to represent New Hanover County on dIe SEDe The other counties appoint one elected official and IlIe oilIer members arc appoInted based on their interest in improving economic development in their count) Most of the executive committee is mBde up of thc Economic Development Directors [rom IlIeir county. The full board of SEDC meets once aIlllually. The execul1ve committee meets monthly 31 the SEDC office in Elizabetiltown on tile fOUr1JI Tuesday nf each month 0 Scott Satterfield, Wilmmgton Industrial Development, as the Executive Committee member to a 4-year term. 0 Cotmie MaJure-Rllett, Clmmher of Commerce, to a 3-year tenn 0 Louis Rogers, Chainnan of Partners for Economic InclUSion, to a ) -year term 0 County Commissioner or other elected official to a I-year term VIce-Chairman Caster asked for nominations from tile Board, Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Caster. to appoint Scott Satterfield to a fnur year term, Comrie Majure-Rhett to a Iluee year term, Lollis Rogers to a two year term, and Commissioner William A Kopp to a one year term on tile SoutileasLem Economic Development Commission Board, Upon vote, Ille MOTION CARRIED 4to 0, MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Charrman Caster convened from Regular Sessinn at 7:48 p,m. to hold a meeting of the New Hanover County Waler and Sewer District. Vice.Chajnnan C..aster reconvened to Regular Session a1 7:55 p,m. NOl\-AGENDA ITEMS Vice-Chairman Caster announced that time had been reserved Lo allow the public to present an ilem Ihat was not listed on the regular agenda, He requested all persons speaking to limitllleir remarks to tiuee minutes No items were presented, ADDITIONAL ITEMS Item Presented by Commissioner KOIlI) - CommIssioner Kopp presented tile following motion: In recognition that the County and City are one community. and in order to provide more efficient and effective water arId sewer services, I malce a motion to proceed with Ihe consolidation of the water and sewer systcm, of New Hanover County and the City of Wilmington. I IurOler move that a committee of four elected officials, two from the County Commissioners arId two from the City Council. be appointed at Ole first meetings in May of the CIty Council and ComIty Commissioners to develop the plan for consol idation The cOl1l1nittee should complete tile plan for IlIC consolidation by OClOher 31, 2005. willI an Implementation date of January 1,2006 Vice-Chainnall Caster seconded the motion and called for direction from the Board. Vote: Ole MOTION CARRIED 4to O. Items Presented bl Vice-Chairman Caster- Vlce-Chaimlan Caster reported that he <mended the following meetings and events '--.' 13 This page intentionally left blank. 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Consent Item #: 4 Estimated Time: Page Number: Department: Emergency Management Presenter: Carol Thiel Contact: Warren Lee SUBJECT: Ratification of Grant Application, Acceptance of Department of Homeland Security Grant and Approval of the Associated Budget Amendment BRIEF SUMMARY: Emergency Management had a short window of opportunity to apply for additional FY 2004 Homeland Security grant money in the amount of $7,208 to support our Community Emergency Response Team (CERT). There are no matching funds required for this reimbursable grant. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request ratification of grant application and approval to accept $7,208 in grant funding if awarded. Request approval of associated budget amendment 06-0213. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ Ii~t:::.: ba06-0213.doc REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Budget Amendment DEPARTMENT: Emergency Management BUDGET AMENDMENT #: 06-0213 ADJUSTMENT DEBIT CREDIT Citizens Corp Grant $7,208 Departmental Supplies $7,208 EXPLANATION: To increase budget for an amendment to the original CERT Grant. The amendment increases the grant by $7,208; new grant amount is $16,708. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Consent Item #: 5 Estimated Time: Page Number: Department: Human Relations Presenter: Carl Byrd, Director Contact: Carl Byrd SUBJECT: Ratification of FY 05-06 HUD Grant Agreement and Approval of Associated Budget Amendment BRIEF SUMMARY: HUD has amended its grant agreement to include the amount of $17,900 to cover the cost of staff and commissioners' required attendance at the National Fair Housing Training Academy and the 2006 National Fair Housing Policy Conference. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request ratification of acceptance and request approval of associated budget amendment 06-0205. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: HUD Funding ATTACHMENTS: ~ Ii~t:::.: ba06-0205. doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Budget Amendment DEPARTMENT: Human Relations BUDGET AMENDMENT #: 06-0205 ADJUSTMENT DEBIT CREDIT HUD Grant $17,900 Travel and Training $17,900 EXPLANATION: To increase budget for HUD Grant awarded to fund attendance at the National Fair Housing Training Academy and the 2006 National Fair Housing Policy Conference. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Budget Amendment Consent Item #: 6.1 Estimated Time: Page Number: DEPARTMENT: Health BUDGET AMENDMENT #: 06-0204 ADJUSTMENT DEBIT CREDIT Community Health: CFMF Living Well Grant $12,000 Supplies $950 Employee Reimbursement $250 Printing $6,300 Contracted Services $4,500 EXPLANATION: To budget Cape Fear Memorial Foundation grant funds awarded to support Living Well program. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 19 This page intentionally left blank. 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Budget Amendment Consent Item #: 6.2 Estimated Time: Page Number: DEPARTMENT: Social Services BUDGET AMENDMENT #: 06-0206 ADJUSTMENT DEBIT CREDIT Child Day Care: Partnership for Children $17,090 Share the Care $17,090 EXPLANATION: To budget donated funds from the Partnership for Children/Smart Start to sustain childcare services for the remainder of the fiscal year. ADDITIONAL INFORMATION: There are currently 276 children on the waiting list in need of child care services. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Budget Amendment Consent Item #: 6.3 Estimated Time: Page Number: DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2006-59 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property: Federal Forfeited Property $6,845 Capital Project Expense $6,845 EXPLANATION: To budget additional funds received on 4/26/06. ADDITIONAL INFORMATION: Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 23 This page intentionally left blank. 24 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:35 p.m. 1. Consideration of a Proclamation Declaring June 2006 as National 27 Homeownership Month 5 :40 p.m. 2. Consideration of a Proclamation Declaring June 4-10, 2006 Rip Current 29 Awareness Week 5 :45 p.m. 3. Public Hearing on the FY 2006 - 2007 Recommended Budget 31 New Hanover County Schools Cape Fear Community College 6:00 p.m. Public Hearing on FY 2006 - 2007 Recommended Budget 6:45 p.m. 4.1 Public Hearing 33 Special Use Permit - Request by Castle Hayne Farms to consider a Special Use Permit to locate a single wide mobile home in a RA Rural Agricultural District located at 4415 Castle Hayne Road (S-559, 05/06) 6:55 p.m. 4.2 Public Hearing 41 Rezoning/Conditional Use - Request by Withers & Ravenel for GSSC Properties to rezone approximately 2.46 acres from R-15 Residential and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business District located in the 4800 block of Carolina Beach Road (Z-840, 05/06) 7:15 p.m. 4.3 Public Hearing 55 Special Use Permit - Request by LaDonna Sansevero to consider a Special Use Permit to expand an existing day care facility from 5 to 10 children in a R-lO Residential District located at 501 Manet Road (S-557, 05/06) 7:25 p.m. Break 7:35 p.m. 4.4 Public Hearing 61 Special Use Permit - Request by SecofConstruction for Brad Dunker and Sharon Walker to consider a Special Use Permit to accommodate a 204 child day care facility in an R-15 Residential District located at 547 Sanders Road, north side (S-558, 05/06) 7:55 p.m. 4.5 Public Hearing 69 Text Amendment - Request by Jussara Bastos to amend the New Hanover County Zoning Ordinance to allow a Bed & Breakfast Inn in an R-15, R-20, R- 20S, and AR Residential District by Special Use Permit (A-349, 05/06) 8:05 p.m. 4.6 Public Hearing 73 Text Amendment - Request by Planning staffto amend the New Hanover County Flood Ordinance to reflect changes in the requirements for administering future flood conditions (A-350, 05/06) 25 8:20 p.m. 5. Public Hearing and Consideration of Revisions to the New Hanover County 105 Code, Section Five: Animals & Fowl 8:35 p.m. 6. Meeting of the Water and Sewer District 107 8:55 p.m. 7. Non-Agenda Items (limit three minutes) 9:00 p.m. 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:15 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 1 Estimated Time: Page Number: Department: County Manager Presenter: Donna Girardot, Executive Officer, Wilmington-Cape Fear Home Builders Association Contact: Bruce T. Shell Item Does Not Require Review SUBJECT: Proclamation Declaring June 2006 as National Homeownership Month BRIEF SUMMARY: In the southeast North Carolina counties of Brunswick, New Hanover and Pender Counties, a total of 7,707 single-family home permits were issued in 2004. Those 7,707 homes generated approximately 28,616 jobs and a total economic output of approximately $2.8 billion as well as approximately $234 million in additional government revenues. The Board of County Commissioners are urged to join the nation and the Wilmington-Cape Fear Home Builders Association in declaring June 2006 National Homeownership month in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. PROCLJl.MA TION.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL HOMEOWNERSHIP MONTH WHEREAS, during a period of rising prosperity, the nation's home builders have reached out to offer the opportunity of homeowners hip to an increasingly wide segment of the nation's families; and WHEREAS, the lower mortgage interest rates that are available today are making it easier for young working families to become homeowners; and WHEREAS, the opportunity to own a home and live in decent housing is the strength of the nation and the source of the spirit of civic-mindedness that shapes the caring and nurturing of communities where our citizens live; and WHEREAS, the nation's home builders have contributed mightily to America's quest for affordable homeownership opportunities by pursuing greater efficiencies and innovations in building techniques and materials; and WHEREAS, home builders today offer the American consumer a product that is geared for affordability and the level of quality that home buyers expect. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that .Tune 2006 is designated as National Homeownership Month in New Hanover County and call upon the citizens of New Hanover County to observe this month with appropriate ceremonies and activities; to call upon their government to restore housing as a national priority; and to celebrate the rich bounty of America's housing stock. Adopted this, the 5th of .Tune 2006, Robert G. Greer, Chairman Attest: Shelia L. Schult, Clerk to the Board .,-- ._--~----- 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 2 Estimated Time: Page Number: Department: Emergency Management Presenter: Ron Steve, Meteorologist, National Weather Service Office, Wilmington Contact: Warren Lee SUBJECT: Proclamation Declaring June 4-10, 2006 as Rip Current Awareness Week BRIEF SUMMARY: Each summer local residents and visitors from across the country enjoy the beaches of New Hanover County. The Rip Current Awareness Strategy Team strives to make our beach-goers aware of the dangers associated with rip currents. Since 1990 there have been 13 deaths due to rip currents in New Hanover County. We want to make our beaches as safe as possible for all residents and visitors and promoting rip current awareness is an integral step in this endeavor. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the proclamation declaring the week of June 4-10,2006 as Rip Current Awareness Week. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. county proclamation. doc REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RIP CURRENT AWARENESS WEEK WHEREAS, according to National Weather Service and U.S, Lifesaving Association records, there have been at least thirteen fatalities due to rip currents at New Hanover County beaches since 1990; and WHEREAS, according to the U.S. Lifesaving Association, 80% of all ocean rescues are related to rip currents; and WHEREAS, local citizens and tourists from around the nation enjoy the beaches of New Hanover County, and inexperienced swimmers on unguarded beaches need to be aware ofthe hazard of rip currents; and WHEREAS, people are more likely to protect themselves when they know what to do when they are affected by rip currents; and WHEREAS, lifeguards, New Hanover County School officials, the Health Department, Emergency Management Department, and the National Weather Service are actively promoting rip current safety with signs, rip current forecasts, and other educational programs; and WHEREAS, the week of June 4-10, 2006 has been designated as National Rip Current Awareness Week. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of June 4-10,2006 be recognized as RIP CURRENT A WARENESS WEEK in New Hanover County, and caB upon our citizens and interested groups to observe the week with appropriate activities that promote awareness of rip currents and how to Break the Grip of/he Rip, Adopted this, the 5th day of June 2006, Robert G, Greer, Chairman Attest: Sheila L. Schult, Clerk to the Board 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Bruce Shell, County Manager Cam Griffin, Budget Director Item Does Not Require Review SUBJECT: Public Hearing on the FY 2006 - 2007 Recommended Budget BRIEF SUMMARY: On Monday, June 5, 2006, the Board of County Commissioners will review the FY 2006 - 2007 recommended funding with specific organizations, and following will hold a public hearing at 5:45 p.m. to receive public comments on the FY 2006- 2007 Recommended Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: On Monday, June 5, 2006, review the FY 2006 - 2007 recommended funding with specific organizations, and hold a public hearing at 5:45 p.m. to receive public comments on the FY 2006 - 2007 Recommended Budget. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hold public hearing. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing. 31 This page intentionally left blank. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 4.1 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Special Use Permit - Request by Castle Hayne Farms to Consider a Special Use Permit to Locate a Single Wide Mobile Home in an RA Rural Agricultural District Located at 4415 Castle Hayne Road (S-559, 05/06) BRIEF SUMMARY: Since this is a request for a single wide mobile home, Planning Board action is not required. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ iii ........ . .. S-559.doc S 559-petition Suml adjacent property owner map, aerial photo and letter from petitioner ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 33 Case: S-559, 05/06 Applicant: Castle Hayne Farms Request: Single Wide Mobile Home in a RA Rural Agricultural District Acreage: To be placed on a portion of a 91.28 tract Location: 4415 Castle Hayne Road Preliminarv Staff Findinl!s 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A, The subject property is located within the Castle Hayne Fire District. B. An individual well and septic tank will serve the intended use, C. Access to the site is from a private driveway from Castle Hayne Road, D. Greenhouses and farmland are located nearby. E. The property is not located within the 100 year flood zone. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is located within an RA Rural Agricultural District. Single wide mobile homes are permitted by Special Use Permit in an RA District. B. Zoning setbacks for the single wide mobile can be met on site. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. According to the applicant, the proposed single wide mobile home is approximately 125 feet removed from the nearest single family home. B. No evidence has been submitted that the proposed use will decrease property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan and development of New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as Aquifer Resource Protection, The purpose of this class is to provide for the preservation and protection of important natural, historic, scenic wildlife, and recreational resources. 34 Case: 8-559, 05/06 Petition Summary Data Owner/Petitioner: Castle Hayne Farms Existing Land Use: Farmland & Greenhouses Zoning History: Castle Hayne, July 1, 1985 Land Classification: Aquifer Resource Protection Water Type: Well Sewer Type: Septic Tank Recreation Area: Castle Hayne Park Access & Traffic Volume: Castle Hayne Road & McDougald Drive 15,773 ADT (04/05) Fire District: Castle Hayne VFD Watershed & Water Quality Classification: Price George Creek C (SW) Aquifer Recharge Area: Secondary Conservation/Historic/ Archaeological Resources: N/ A Soils: Pantego, Class III Septic Suitability: Severe limitations Schools: Wrightsboro Elementary 35 New Hanover County Planning Cornmision April 19, 2006 Re: Special use permit Single wide mobile home, To Whom It May Concern: We would like to apply for a special use permit to put a single wide mobile home on our farm. The location for the mobile home would be the same as were we used to have one, which was destroyed by fire after hurricane Floyd in 1999, The mobile home would be used to house our greenhouse manager during our harvesting season. Sincerely yours, ----.........' ~"~~ / Edwin van de Bovenkamp VP Castle Hayne Farms 36 ~ IJ) -0 ~ f/~ -0 IJ) CJ) o Q. o c.: ~ ~ - u o .r: ~ i _,N ~1~1~;~i~iroi~ C;~ N;,MI~'~'WI~iroj~;Ci~ iN Mi.~'.~ ~ ;; I , I I' I 1 -:- - 1- -1- - - :-1- N N IN N .N .N ::;; l:ll i'l I 'ii I I I I ,~S! I Lt-1- 1,~1 '" " a. ~ '" I [ ! r I I 1 : I ' 1 I ' E u c.'l "' ,,', I i! E 't:J ,g ,i@, :;; 0. I I I I Iw I I" 1 1 I I 1 I !' I ~ tii 5i ....~ ~l:'~I-<1 I I I'I~I~I rrll I' ',,! I~i J t- ""I ..Q lL en 10 I ' [bY IOJ IN ~ I I I'" -< , 0" 11>' !;; ;:; 1 ' 1 1 G l"lle: '1' I '~I I I~ ,iI' 'I ;'! '" ,~ Iii I ::e: c: -'. ~ ~ ~ I I IU) I Cf.l W 0: LJ.. 5: :::: let I I~ ~.-I I~ CC I CD ~ E ~ ~ ~ I",: Ij!~ I"" i~ I~ l~ :~ I~ ,f" I"" I ~ 11;0 lu I~! ~! I~ ~ I~ ~ ~.!! 0 ffl ~ Ill! 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'.)\12 J U..Ipg 4'/ l j ii"~i!hiE," 39 This page intentionally left blank. 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 4.2 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Rezoning/Conditional Use - Request by Withers & Ravenel for GSSC Properties to Rezone Approximately 2.46 acres from R-15 Residential and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business District Located in the 4800 Block of Carolina Beach Road (Z-840, 05/06) BRIEF SUMMARY: At their regular meeting on May 4, 2006, the Planning Board recommended to deny the petitioner's request to rezone approximately 2.46 acres from R-15 Residential and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business. The vote by the Board was 3-2. Several nearby neighbors were present at the meeting and expressed concern over traffic and safety. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends denial by a vote of 3-2. The petitioner has appealed the Planning Board's recommendation. The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the zoning is approved, the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ iii ~ ........ ........ . .. . .. Z840.doc Z - 84 0 Petition Sum Z-840-Staff Summar}'-Finding of Facts.doc site map, adjacent property owner map, typical building style photo, and citizen petition ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The rezoning to 0&1 was approved 5-0. The special use permit was approved 5-0 with the following conditions: it it limited to the five uses discussed, the 20' buffer area will be fenced, and the dumpster will be relocated farther away from the adjoining residential property. 41 CASE: Z-840, 05/06 APPLICANT: Withers & Ravenel for GSSC Properties REQUEST: R-15 Residential and 0&1 Office & Institution to CD B-2 (Conditional Use Highway Business) LOCATION: 4832, 4836, & 4840 Carolina Beach Road LAND CLASS: Urban - The purpose of the Urban Class is to provide for continued intensive development and redevelopment of existing urban areas. Planning Board Action At their regular meeting on May 4, 2006, the Planning Board recommended to deny the petitioner's request to rezone approximately 2.46 acres from R-15 Residentia] and 0&1 Office and Institution to CD (B-2) Conditional Use Highway Business. The vote by the Board was 3-2. Several nearby neighbors were present at the meeting and expressed concern over traffic and safety. STAFF SUMMARY The subject property is located in the northwest corner of Horn and Carolina Beach Roads and consists of three (3) parcels of property, Two of the parcels of property werc rezoned to 0&] Office and Institution in July 2002. Presently the propeliy is vacant. Road frontage along Carolina Beach Road is approximately 300 feet and 280 feet along Horn Road. Residential land uses surround the north and west portions of the property. An existing B-2 High Business District is located across from the subject property to the south and east. The applicant's proposed site plan design displays a curb cut, at Carolina Beach Road and Horn Road. Horn Road at Carolina Beach Road has a median crossing for traffic heading north. Two "flex" office retail structures containing a total of 17,500 square feet along with adequate parking is also proposed, The property does not contain conservation resources and is not within thc 100 year flood zone. The applicant's request to rezone the property from largely 0&1 to CD (B-2) could be considered a logical extension to the existing B-2 zoning district to the south and east. However, given the residential character of Horn Road and several properties still fronting along Carolina Beach Road and the potential for higher density residential uses in this area, staff recommends that the property remain 0&1 Office and Institution to provide a good transition between the residential land to the north and commercial property to the south. County policies also discourage the stripping out of major highways for commercial dcvelopment. 42 Case: Z-840, 05/06 Petition Summary Data Owner/Petitioner: Cindee Wolf for GSSC Properties, LLC Existing Land Uses: Vacant Zoning Historv: April 7, 1971 (4) Land Classification: Urban Water Tvpe: Public Sewer Type: Private Recreation Area: Arrowhead Park Access & Traffic Volume: 31,086 AOT (2005) Fire District: Myrtle Grove VFO Watershed & Water Qualitv Classification: Mott's Creek Aquifer Recharge Area: Primary Recharge Area ConservationlHistoric/ Archaeological Resources: N/ A Soils: Leon soil, some wetness identified Septic Suitability: Class III soils- severe limitations Schools: Williams Elementary 43 Case: Z-840, 05/06 APPLICANT: Withers and Ravenel for GSSC Properties REQUEST: B-2 Highway Business Conditional Use District ACREAGE: 2.46 Acres LOCATION: 4832, 4836 and 4840 Carolina Beach Road Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD, B. Public water and sanitary sewer will serve the site, C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Carolina Beach Road and Horn Road. Both roads are public. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. A majority of the site is presently zoned 0&1 Office and Institutional Zoning District. B. Two (2) "flex" structures are proposed totaling 17,500 square feet. C. The site plan shall meet the requirements of the zoning ordinance for parking, bufferyards & setbacks. D. No conservation resources exist on site, E. Regulated trees shall be mitigated, 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Residential property exists to the north and west of the proposed site, B. No evidence has been presented that the 17,500 square facilities use will decrease the value of adjoining properties. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 updated New Hanover County Comprehensive Plan classifies the site as Urban. B. Presently, the property is vacant. C. The present zoning for most of the property is 0&1 Office and Institution. Staff Comments: 1. Driveway cuts should be limited to I-lorn Road only. 2, Every effort should be made to preserve existing trees on-site, 3, Specific uses as required with Condition Use projects should be listed on the plan, preferably office and neighborhood business type uses, 44 Narrative of Appeal for Horn Road Flex Space The petition originally brought to the Planning Board was a request to expand the existing commercial district of 1.4 acres, at the corner of Carolina Beach Road and Horn Road, to include the rest of the owner's adjacent property, an additional 1,1 acres. The desire was to broaden the scope of uses, from the somewhat limited 0&1 list, to include just a few of the least intense business uses of the B-1 district, specifically contractor offices, clothing stores, eating establishments and miscellaneous retail. Concerns over traffic from the potentially busier business uses were voiced by the residents from the neighborhoods back Horn Road, Several Planning Board members suggested that the expansion of the district to include all of the owner's land was not in itself objectionable, but the increase in uses was, The appeal for approval has been changed to respond to those Planning Board comments. The site plan remains the same, but the request is strictly for the Office & Institutional district to expand to include all of the current owner's property, and to be limited to the specific uses listed on the plan. The proposed project would act as a transition between the busy traffic corridor of Carolina Beach Road and the residential neighborhood back Horn Road, The proposed uses are logical and reasonable for a corner lot with businesses across both of the bordering streets. 45 We the undersigned do hereby request that the New Hanover County Planning Board deny the rezoning request of the 2.46 acres at the corner of Carolina Beach Road and Horn Road from 0&1 and R-15 to B-2 Conditional Use. This rezoning will increase 1. 3. 5 6. 7. '-Ifr1 8 .1?-0l'1 Gi~ T Lj'~4cw.",- .( 1-8/3 9. J\JL e, \ l1y)~:(cL '1t.) :; ~I\'j, ~'(Qj~ \)'{-. 10. dkuillJ L~illl am,o 4M LC}IS I3vllNJ..- I!. k~~Q &tJk.1lYl l\~\ L dcrs S\(u \(lb f}. ~/, i~9~ if. /~ 12. ",_ ..L/U?/ He ~ " /t.A/A 1'. -.----., 46 13.~d7(1)W -1r9 Q LY: . 07 /.;iJA/1, &4eh /)/ 14. A L~X ~_ ~tAY1.- 4lf () 5,- t-i/ (V h '/}./Z/1r< iJ {)t'L_ 15. )1~~/.< .~~ ~Of (,,,,,/- 6r""L~ Dr 16j!/:- Z A ~.~- ~oc d~ 4.( 17. l1ljw~ (!J/1fJ'#wtt . th '-UcO ( ;)/) :J--, k/'L 7> . 18...A/~ ~ 2/3 /~ RdZ 19t?~~~~ '3~d. 0tJ~ . I s.-,:h ~ 24. ~ ./YLq~ 25. '/J1,l<..e I-c..rru L../ 4' Y ~ (.., r c ~...- ,--::::;:;'r. ' ,/ ~ 26.~~ (d~ ~ L.f d- Lf /1-0 r.n- 1e(.fJ. 27. 71)'~t")l(jl; )1' /) '~" I. II ~ Jftlflf l-' a< 1) ,-' "~ ./ /(' /J' r:"; 28. '\0. Y11 ,'.t:..o__J-6.r, J <.. JL-.-. ')n _ '. ~ ':1. .J err "I I-b rd (' e.-- 47 ~ 4 J-~ ' 30. "1/7JJ~~V?/&~' I tl) l/u;{ tZe- Oz . ~ //1 C iel'/ 31, ,{L/'J __' LC-l ~_ ' 32, ~rt~ fJzf.J-M.- ~6t~/1 ~ 33, '-J.j.-J .- ~53 36, Y5? 37. 38, 39. 4//lf6(Vl 1(2 40, 5 JI I/O!?;J,Rj)_ , 4' /') 41 I - Ik.p~/ ;( ('-/r b2 ~j~ e. ~ J ( "'" ~'eX - 1/1 ;j/~/l ;/ . ~/ '9 ,/ --,'- " /' II . . 44. )'1'l..ir ./,,' "//1," l f,:,Uj, ,/ I (?, !l0(/ J ( ,/ ~.. , - I ?, 45.0hcL-V,\-v 'v," { ,_'- V l~\/L :.. 2:J() I ';ryc.J) ') . , . ~ ''--..-- .-", 48 46. ( 11 i;P {;vttJJs I, t l 47. il,'nQvY\ { OW.t i I t.[ <it D Con 5~ (4 vi C ~ \)c 48. J}~ "'i g{);; L.>J\ G<17"", ~ f}" ( ::: ~~/l:-~ ;;x'J:;t:1~r, SIr 1r\Jir-o I{~ ~ U;Ve- 52. :J d? ~5C L l/ ( .s- !? ~~. (01/ If 53. -B jy ~(A,yt !fC_f.llC/vI ~7 54. j t) CL- VI 58. () 2 c n 'jf2r (J/J,2C-/;",/j d3cA. x(. J/~ "L-. 59. 60. 49 0) <pldennis@bellsouth. To: <sburgess@nhcgov.com> net> cc: 05/01/200609:58 PM Subject: Rezonging of Horn Rd. and Carolina Beach Rd. Pat Dennis 4930 Red Heardt Dr. Wilmington, NC 28412 May 1, 2006 Dear Mr. Burgess, My Name is Pat Dennis and r am a resident of Arrowhead Subdivision. Recently, while driving out of my neighborhood on Horn Rd. and Carolina Beach Rd. , r noticed that the zoning is about to change to B-2. I feel this would add more conjestion and more traffic to an intersection that is already dangerous. This is a safety issue. r hope that you will listen to the residents of this neighborhood and not allow this zoning change to take place. 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I I. ~ J 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 4.3 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Special Use Permit - Request by LaDonna Sansevero to Consider a Special Use Permit to Expand an Existing Day Care Facility from 5 to 10 Children in an R-10 Residential District located at 501 Manet Road (S-557, 05/06) BRIEF SUMMARY: At their regular meeting on May 4, 2006, the Planning Board recommended approval of the petitioner's request with conditions to expand an existing daycare center from 5 to 10 children. The vote by the Board was 5-0. No one was present at the meeting in opposition. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with conditions by a vote of 5-0. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ iii ........ . .. s-557.StaffSummary.doc S 557-Petition Suml adjacent property owner map, site maps (2) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with the suggested condition that parking and circulation needs to be shown on the site plan. 55 SPECIAL USE PERMIT S-557,05/06; Our Child's World Day Care Center expansion from 5 to 10 Children Request By: LaDonna & Fred Sansevero Location: 501 Manet Road Planning Board Action At their regular meeting on May 4, 2006, the Planning Board recommended approval of the petitioners request with conditions to expand an existing daycare center from 5-10 children. The vote by the Board was 5-0. No one was present at the meeting in opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. County water and sewer serve the property. B. The property accesses Carolina Beach Road, an identified arterial, by Antoinette Drive, an identified collector. C. Fire Service is available from the Myrtle Grove Fire Department. D. The property is located near an identified AE floodway for Mott's Creek. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R- 1 0 Residential. B. Off-street parking requirements are not met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. Employee parking exists, but not a designated area for drop-off and pick-up of children. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care is licensed by the State of North Carolina. E. No outside on-premises signs currently exist. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Urban and Conservation. B. Policies in the Comprehensive Plan support providing additional services for the special needs population, the elderly as well as for children. Suggested Conditions: 1. Parking and circulation needs to be shown on the site plan. 56 Case: 8-557,05/06 Petition Summary Data Owner/Petitioner: LaDonna & Fred Sansevero Existing Land Use: Single Family Residential Zoning History: April 7, 1971 (Area 4) Land Classification: Urban, Conservation Water Type: Public Sewer Type: Public Recreation Area: Arrowhead Park Access & Traffic Volume: 31,066 ADT (MPO-4/05) Fire District: Myrtle Grove VFD Watershed & Water Qualitv Classification: Mott's Creek Aquifer Recharge Area: Second Recharge for Sandhill Aquifer Conservation/Historic/Archaeological Resources: N/ A Soils: Kureb Sand Septic Suitability: Class 1, suitable Schools: Williams Elementary 57 / I / I I / i ; , i J : f I p" ve.e.r ~Q"'~lI!. 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': ....~ v.:'5~ ;g.,'!1i1: ..115'.'.., . /~ ifJ' .,~m ' ,~)~~~~ nW lh ~ ,:itf;"6 ~ fl 60 - NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 4.4 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Special Use Permit - Request by Secof Construction for Brad Dunker and Sharon Walker to Consider a Special Use Permit to Accommodate a 204 Child Day Care Facility in an R-15 Residential District Located at 547 Sanders Road, North Side (S-558, 05/06) BRIEF SUMMARY: At their regular meeting on May 4, 2006, the Planning Board recommended approval of the petitioners' request with conditions to locate a 204 child daycare facility at 547 Sanders Road. The vote by the Board was 5-0. One adjoining neighbor opposed the request based on traffic concerns, potential land erosion, and the proximity of the facility near her home. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with conditions by a vote of 5-0. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ iii ........ . .. S.558-StaffSummary.doc S SS8-petition Suml adjacent property owner map and site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A motion to approve the request with conditions was denied 3-2, Greer, Davis and Pritchett opposing. 61 SPECIAL USE PERMIT S-558, 05/06; First Choice Child Development Center for 204 Children Request By: Sharon Walker & Brad Dunker Location: 547 Sanders Road Planning Board Action At their regular meeting on May 4, 2006, the Planning Board recommended approval of the petitioners' request with conditions to locate a 204 child daycare facility at 547 Sanders Road. The vote by the Board was 5-0. One adjoining neighbor opposed the request based on traffic concerns, potential land erosion, and the proximity of the facility near her home. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. County water and sewer wiII serve the property. B. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road, an identified collector. C. Fire Service is available from the Myrtle Grove Fire Department. D. The property is not located in a flood hazard area. E. NCDOT traffic engineering department did not require a Traffic Impact Analysis. F. Parents may be able to combine trips with the elementary school. G. The development center contains 9,600 square feet and will house a total of 204 children. H. A gym consisting of2,400 square feet is also planned. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-lS Rcsidential. B. Off-street parking requirements are met according to the requirements of Article VIll of the New Hanover County Zoning Ordinance. Forty-one spaces are displayed on the plan. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care will be licensed by the State of North Carolina. E. Section 72-20 states that the sign dimension limits, if located on a collector or arterial, can only have maximum size of 12 square feet (i.e. 3 X 4). F. The site plan does not meet the requirements of Section 67-10 street yards. No street yard is on the site plan. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type facilities exist in other residential districts in New Hanover County. 62 B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Urban. E. Policies in the Comprehensive Plan support providing additional services for the special needs population, the elderly as well as for children. C. Bellamy Elementary School is located adjacent to the proposed site. Suggested Conditions: I. Staff recommends that the traffic circulation plans be approved by NCDOT. 63 Case: 8-558, 05/06 Petition Summary Data Owner/Petitioner: Brad & Sharon Walkcr Existing Land Use: Vacant Zoning History: April 7, 1971 (Area 4) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: River Road Park Access & Traffic Volume: 6,119 ADT (MPO-4/05) Fire District: Myrtle Grove VFD Watershed & Water Quality Classification: Mott's Creek Aquifer Recharge Area: Second Recharge for Sandhill Aquifer ConservationlHistoric/ Archaeological Resources: N/ A Soils: Leon and Kureb Sand Septic Suitability: Class III to Class I-least suitable to suitable Schools: Bellamy Elementary 64 II: W I- Z ~ ~ W = d (.) @ @S ~ @ WI- ~ Q!:j @ ~ !:!z @25 P ~[? CJ OW @~ d @:5@ CJ @ z:E @~ ~ G"l (.)A. ~~ Q!:j ~[? @ 1-0 @~ ~ ~2) ~@ @ en'" @@ @ a:W [t::J~ B @ -> ~~ [!j/)~ @S ILUI @ B a ~ ~ 25 a ~ ...I ~ ~ - z (.) - -.-... 65 ! ~ ! I~! I!~ ! ~ v . ~ I ! I i I ~i\) ~i~ ~ ~!( 2!~ ! 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[llN_N --1<l:z _N(,() wt:f- \l)<(<(<( ---_.__._~--- 67 , -- , \ ~ I -_~ .....0 ;: I " " m~ ! , " -----t:!a.dlln.L-a~aN\f8~ It) ..... m ct: It) ..... ct: "0 ~ Z ; ~ -" ~ 0 ro "m <( '-,5: 15..~co ~c -g~~ ~~ -gg'5lU) f~ ~ n....~ tIS od <D 1"':-::. . ~ I.. ...J i:2:2:1._~ '" " c-" .. l: ~H: --~"O an ~ ftI _ Q mm g cO:!S1! 4-" I Lf)'i5 ;<...__..~ I() '0:':: rl I Q) 8: ~ II) CI) ~ <( 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 4.5 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment - Request by Jussara Bastos to Amend the New Hanover County Zoning Ordinance to Allow a Bed & Breakfast Inn in an R-15, R-20, R-20S, and AR Residential District by Special Use Permit (A-349, 05/06) BRIEF SUMMARY: This text amendment is in response to a request to operate a Bed and Breakfast Inn in an R-15 Residential zoning district. Currently Bed and Breakfast Inns are not a regulated use in New Hanover County. The petitioner requests a text amendment to allow Bed and Breakfast Inns by special use permit. The proposed text amendment can be accomplished by amending the Table of Permitted Uses in the Zoning Ordinance to include Bed and Breakfast Inns in the service section of the table with the special use permit designation in the R-20S, R-20, R-15, AR or RA district columns as illustrated in the attached table. RECOMMENDED MOTION AND REQUESTED ACTIONS: After discussion concerning minimum parking requirements, the Planning Board voted unanimously (5-0) to recommend adoption of the proposed text amendment. The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. A_ 349_ S taff_ S ummary[l ]. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with amended language in Section 72-39, 1) A minimum of one (1) off-street parking space per bedroom availab/e for rent or lease. 69 CASE: A-349, 05/06 Applicant: Jussara Bastos REQUEST: Amend Section 50-5: Table of Permitted Uses, to allow Bed and Breakfast I nns by special use permit STAFF SUMMARY This text amendment is in response to a request to operate a Bed and Breakfast Inn in an R-15 Residential zoning district. Currently Bed and Breakfast Inns are not a regulated use in New Hanover County. The petitioner requests a text amendment to allow Bed and Breakfast Inns by special use permit. The proposed text amendment can be accomplished by amending the Table of Permitted Uses in the Zoning Ordinance to include Bed and Breakfast Inns in the service section of the table with the special use permit designation in the R-20S, R-20, R-15, AR or RA district columns as illustrated in the following table: Section 50-5: Table of Permitted Uses Table of Permitted Uses PD R-20S R-20 R-15 R-10 B-1 B-2 1-1 1-2 0&1 AR AI SC RA Hotels & Motels (12/13/82) p P P P Indoor & Outdoor Recreation P S S S S P P P S S S P S Establishments (2/14/82)(8/16/04) Indoor Theater (2/14/83) p P P Parks & Recreation Areas P P P P P P P P Outdoor Shootinq Ranqes (2/7/83 P S S Personal Services P P P P Resort HotellMotel (1/4183\ P P P P Stables (3/2/81) P P P P P P P P P Septic Tank Vacuum Service P P P P Bed and Breakfast Inn S S S S S Also, in Section 72: Additional Restrictions Imposed on Certain Special Uses; subsection 72-39 should restrict Bed and Breakfast Inns in the following ways in order to ensure compatibility with the surrounding residential land uses: (the proposed amendment is in italics) Section 72: Additional Restrictions Imposed on Certain Special Uses 72-39: Bed and Breakfast Inn- A Bed and Breakfast Inn may be permitted in an R-20S, R-20. R-15, AR or RA residential zoning districts provided: 1) A minimum af one (1) o.j}street parking space per bedroom. 2) One aff-street parking space per emplo.yee. 3) No. lighting beyond narmal residential lighting. 4) The o.nly sign allowed is a sign no. greater than 4 square feet and must be an attached wall sign. And, by amending the definitions section in the following manner: Section 23: Definitions 23-127: Bed and Breakfast Inn. Any place o.fladging that pravidesfive (5) o.rfewer roamsfar rent, is the o.wner 's personal residence, and is o.ccupied by the owner at the time o.f rental. 70 PLANNING BOARD ACTION After discussion concerning minimum parking requirements, the Planning Board voted unanimously to recommend adoption of the proposed text amendment. PLANNING STAFF SUMMARY After review of ordinances from Counties and Cities in Southeastern North Carolina and along the eastern seaboard, Planning staff finds the proposed text amendment comparable to what has been effective in regulating Bed and Breakfast Inns in other areas. The special use permit procedure allows for review of specific proposals to address neighborhood concerns on individual applications. These concerns can be included in the conditions of the approval. Planning Staff recommends approval of the proposed text amendment. 71 This page intentionally left blank. 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 4.6 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Text Amendment - Request by Planning Staff to Amend the New Hanover County Flood Ordinance to Reflect Changes in the Requirements for Administering Future Flood Conditions (A-350, 02/06) BRIEF SUMMARY: The NC Floodplain Mapping program has amended their model ordinance to include changes that counties must adopt in order to use the new Flood Insurance Rate Maps. The New Hanover County ordinance has been modified to follow the format of the State model ordinance. The new model takes into account "Future Conditions Flood Hazard Areas". Future Conditions Flood Hazard Areas were mapped as part of the statewide Flood Mapping Program. RECOMMENDED MOTION AND REQUESTED ACTIONS: At their regular meeting on May 4, 2006, the Planning Board recommended adoption of the proposed changes to the Floodplain Management Regulations by a vote 5-0. The County Commissioners may approve, modify, or deny the text amendment. FUNDING SOURCE: Will above action result in: Position(s) Modification Or Change Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. A.350_ staff_ summary. doc New Hanover County Flood Damage Prevention Ordinance, e-mail from Ed Curtis, Flood Hazard map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 73 CASE: A-350, 2/06 REQUEST: Update existing Flood Damage Prevention Ordinance to include "Future Conditions Flood Hazard Areas" and conform to the new State model and FIRM maps Planning Board Action: At their regular meeting on May 4, 2006, the Planning Board recommended adoption of the proposed changes to the Floodplain Management Regulations by a vote 5 - O. STAFF SUMMARY The NC Floodplain Mapping program has amended their model ordinance to include changes that counties must adopt in order to use the new Flood Insurance Rate Maps. The New Hanover County ordinance has been modified to follow the format of the State model ordinance. The new model takes into account "Future Conditions Flood Hazard Areas". Future Conditions Flood Hazard Areas were mapped as part of the statewide Flood Mapping Program. As part of the remapping effort, the State developed a computer model that utilizes our zoning classifications to determine the amount of f100ding which would occur if land was developed to the extent allowable. The model identified an area of approximately 55 acres that affects 183 property owners in unincorporated New Hanover County. All of the properties identified as "future conditions flood hazard areas" are in the Smith Creek Floodplain. The Flood Damage Prevention ordinance regulates these areas as if they were in "Special Flood Hazard Areas". Federally funded f100d insurance is available for future condition f100d hazard area property owners. Flood insurance is currently not required for these properties. Staff recommends approval of the amended Flood Damage Prevention Ordinance to incorporate Future Conditions Flood Hazard Areas. 74 ~, T,_'j( ..-. ..,.- .....1, '. w :!' c. 0 >lc :-2 ll. "D C. 0 (.) a> .... ::J .,~ 2 "2 ro N ro .!::. ., "D 0 0 ;:;::: Q) 0 (/) '-- "0 ro r ... Ci '~ 113 ro x N 113 W ::> 0 r W J: Z c S 0 '0 0 ro <( ll.. 0 N '0 w W I W 0 C D. <( <( (f) > ..-- u. 0 I 0 U ...I Z U. - '" ,. --~..- 75 This page intentionally left blank. 76 (I ECurtis@ncem.org To: ahines@nhcgov.com 05/01/200601 :38 PM cc: cokeefe@nhcgov.com, dweaver@nhcgov.com, jgraham@nhcgov.com, Jlannucc;@nhcgov.com, "Inmula, Prasad" <Prasad.lnmula@dhs.gov:> Subject: Re: New Hanover County, NC - draft floodplain regulations wi future conditions language Ann -- Attached are my comments on the revised version of the ordinance. On page 5 r moved the definition of "Functionally Dependent Facility" in front of the future conditions definitions to keep things in alphabetical order. That corrects a mistake I made in the model ordinance. I On page 12 r changed the font of "or Future Conditions Flood Hazard Area" from bold to regular. , J,," j On page 14 r deleted the phrase "or Future Conditions Flood Hazard Areas" I from item 10 and added it to item 12 to match the model. The phrase is not needed in item 10 since the anchoring requirement only applies in coastal areas. On page 19 r found an "N'l that needed to be capitalized in item 15. Everything else looks fine. Please let me know if there is anything else r can help with. , '\ Ed Curtis, P.E. , CFM ' I , .\ NFIP Engineer !:l Floodplain Management Branch !j North Carolina Division of Emergency Management ...jil 1830-B Tillery Place ~, Raleigh, NC 27604-1356 919.715.8000 x369 fax: 919.715.9763 "<\J ~'~!'ll~il"".;~""il>I'i!i~nfC"'t"~~I';i\!l"'''ll''"l!!~..c!-~~~:'j,~~;~..gt;i''f~J'!'~~'. ahines@nhcgov.com To: "rnmula, Prasad" <Prasad.rnmula@dhs.gov>, ECurtis@ncem.org 04/28/2006 01:19 cc: cokeefe@nhcgov.com, jgraham@nhcgov.com, Jlannucci@nhcgov.com, PM dweaver@nhcgov.com Subject: New Hanover County, NC - draft floodplain regulations w/ future conditions language Prasad and Ed, Attached is a draft ordinance that our Planning Board will consider next Thursday evening, May 4. We have added the future conditions language provided by Ed. The changes are highlighted. rf you all can give us comments before Thursday, that would be great. Thanks to you both! ---- -.--- 77 New Hanover County Flood Damage Prevention Ordinance Future Conditions Draft for Planning Board Consideration At their May 4th Meeting ------~._~ 78 TABLE OF CONTENTS ARTICLE I. STA TUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES. ............ 2 SECTION{\,. ~_..,S_L1T!!TORLclU[fjORIZAT!ON .....,..... ................. ..-........... .-, .,...........,................2 --,-~------ -------~---~~------ SECTION B. FfNDflv'GS OF FACT. .......... ....... ........... .... ..... .......... ..... ...... ....... ..... ........... ........ .._.... ...... .........'...... .....2 SECTION C. STA TEiHENT OF PURPQSE.~.,~~",.................. ....,~'''~=,~,=................... ... ........ ........ .... ... ................... .....2 SECTION D. OBJECT! V ES . _.. _....,. ...,.... ........... ,.. .._ .... .....................- .-.-.......... ..........,.-..-..,.-....................,..=,_~_~~l ARTICLE 2. DEFINITIONS. ....... .... ......... ......... .... ........ ..... ........ ... ..... ............................................................ ..._............... 3 ARTICLE 3. GENER~L PROVISIONS...... .-.. -.. .............. ........~, ...... ... ...~~..~...... ..... ..... ....................... ....... .......9 SECTION ^. LANDS' TO WHICH THIS ORDINANCE APPLIES. ......................_....,.._...............................................9 SECTION B. BASIS FOR ESTABLlSHTNfLTHE SPE..1]",1L EYJ__f)D HAZARD AREAS AND FUTURE CONDITJONS FLf2_0D HAZARD AREAS_ .,.... ............... -.'..-....,....-..-..........,....-...............-..-.......... ....._. ,..,......._.~.~._..,.~._....,~=.~,=....... 9 SECTION C. ES7ABLlSl1lvlENT OF FLOODPLAIN DEVELOPMENT PER/\lII7~ ........................................................ y SECTION D. COMPLIANCE. ._ ."......... ........- ....... ... -............ ,... ............ ..... ........ ..... ........... ................... .... ............ .... ... .....9 SECTION E. ABROGA7JON AND GRE4TER RESTRICTIONS. ...................................................................=.. 9 SECTION F. INTERPRET A nON. ......... .... ........... ....... .......... ....... .... .... ....... ........ .... ................... ............... ........... ............9 SECTION G. WARNllVG AND DlSCIAliHER OF LIABILITY .................... ..~~~...... .....................................9 SECTION H. PENALTlES FOR VIOLA noN. .............................. ............ ........... ........................ ... .... .... ,............... ...,._....9 SECTION l. AkIENDAIENlS..,.....,......,.... .....-....,.-........ ....,........,............ ....... .......................................................... 10 SECTION J. SEPA RA IJ! LlTY .... ..... .... ... ..... ........... ............ .... ................ ....... ........................... .... ..... ....... ....................... 10 ARTlC:I,f; 4. AHM IN 1ST RATION. . _.... ..._...._......_....._............ ......, ........ ....._ '....... ...................,..................................10 SECTION A. DESlGNA TlON OF FLOODPLAIN ADMll'./lSTRA TO/? .......................................................................... 10 SECTIClN B. FLOODPLAIN DEVELOPMENT APPLICATION. PI-,'RMIT& CERTIFICATION REQUJREMENTS. ..10 ( J) Application Requirements. ................ .............. .... ............. ........ ........... ....... .... ........................._. ...._............ ......... 10 m_pcrn:!jLRS(ll!ig;Il1':nt!i.~.~"......................... ....-. .... ...... ..~=.~=.,,,~~~~=.,~,.,.~,~,,_.. ...... ............. ........ ........ ................. 12 (3) Celtificatioll Rccluirements. ........................ ...... ..... ................. ........ .............. .... -..... -..... .... ...... -....' ............... "=~2. SECTION c. DUTiES AND RESPQNSIBILITiES OF THe FLOODPLAlllf A DMINISTRA TOR. .................................13 SECTION D. CORRECTIVE PROCEDU/?ES. ......................... .... .......... .... ,.. ..... ............ .... .... ..... .... ..._...................... 15 ( I) Violations To Be_('orr~(;t(;q:~==~=~==~~.... .... ................ ... .... ........ ....... ................. ... ..... ........... .... ..... 15 (2) Actions in Event of Failure to Take Corrective Action: ...................._._....................._.._._................_........_......_....15 (3) OrdeUQ-I<!ksj;;().rr.9.gjy,,-AetiQ1L~~_.=,=...=~,_...~.=................ ................ ........... ............. ....................... .... 15 (4) Apneal: ..._ _ _._ '...._._..' ......._.._......... ................ ._h. ...................... ............ _......... ........_. ._... ...., ......., _.,..,,,~~,=~..,,,~,..... 16 (5) failure to Comply with Order:............................. ................. .... ......... .......... .... ........... ............. ..................., ....... .... 16 SI::-:CTION E VARIANCE PROCEDURES. ..............-....................... ................. ...........,_~,~~~.."._,"_...................... 16 ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION...................................................................... 18 SECTION ^. GENr,'RAL SlANDARDS.................m.... ....... ..-......................... .......~...............~...................... 18 SECf10N B. Sf> EClFlC ST4N DARDS. ............. .... ....... .... ..................... ............................... ... ..... .... ........ ........ .............. 19 (3) Manulitclured Hcnnes ....... ............-..-................... ....... ......._ ......_.... ......._..,=..,~~=................................... 19 (4) Elevated l3uilclings. Fully enclosed areas of new constmction and substantial Iv improved structures, WlllCh are h_cjQ\vJ_bl2.JQ}Y,:st floor:~..,."......... ,.......... ..... ._.......~.. .... ,..... ..." ... .,,,.,~~_. ....... ............ .... ........................ ...................... 19 ( 5) Additions/Improvements. . .... ..................-. ......-.... ... ..... .... ................ ........-............ ..._.... .. ........., c=~-.-_.. ...... 20 (tiL __~Rscrcational Vehicles. ...... .... ......... '... ....... .............. .......=............... ........ ....... ......... ... .................... ......... ... ....... ..21 m Temporarv Non-Residential Structllles. ............. .................... ,.......,.. ...'.. .......................-.....,..,,_.~=.............21 (8) Accessory Structures. ....... ......... ............ .......... .... .......... ... ............. ....... .... ........... ........ ....... ..... .......,... ..... ..., .... ,....21 SECTION C. NEil'EN VEIJ., ..... ... '... ,....... ,....... ... ....... .... ......_.. ,.._.."~....~..,..,,=.._,~,,.==_..................... ............ .... .....22 SECTION D. ST:4NDAIWS FOR FLOODPLAINS WITIlOUT ESJABIJS'HED BASE FU)(}f) u,nIATIO/VS ....,=22 SECTIOj\fr::, n'ST.4'YP..ARQSLQfLBn~Ij;I1INI:...FLQ()Df'l-AINS WITH EFE BUT fVITHOUT ESTAB LlSN ED...... .........22 FLOODWAYS OR NONENCROACm.4ENTAREAS. .........................._.............. - ...-.......,.... .....-,~,..==....... .....22 SECTION F. FLOODWA YS AND NON,ENCROACIli\-fENT AREAS. .............. ...................... '....... '... ...._.....,.. ....c2.2 SECTION G.__..CQAST.AL J-!lC'""JH HAZARD iJREAS (ZONES VlJ..~"~=.............................................. ............ ,) :'l ......<:...) SECTION H. SI:<INfJARnS FOR AREAS or" SHALLOW FU)OmNG (LONE AQL,..,,,=,~,,.,~''''''~..... .... ...... .....24 ARTICLE 6. LEGAL STATUS PROVISlONS. ........................................................................... .... ...24 SI;i:T1Q.j\flL !':.E.E;;;"~TQNJ1[(J HTLllV.J2.I.oL1BI UTlJi.5'..r.;NQEJI TflJi.?XISTlN Ci FLOOD DA AtA C; E ......... ... ........ 24 SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMfT.',-. ...',...... .... .......25 SECTION C EFFiX.1JVlc. DATE. ...... ... ._....... .....'~_. .... ...... -..~.=..".,',.,_... .,.,..,.................................................25 SECTION D. ADOPTiON CERTfFfCATlON ........... .............,.. ')' -......... ... ............, ........... ......... '.._..~. ._....~~2 :L 27 '2.11i)~] I I - -.------'----- - --_.----_.. 79 FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT. PURPOSE AND OBJECTIVES. SECTION A. STATUTORYAUTHORIZATIO~ The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter l53A; and Part 121, Article 6 of Chapter l53A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of County Commissioners of New Hanover County, North Carolina, does ordain as follows: SECTION B. FINDINGS OF FACT. (I) The flood prone areas within the jurisdiction of New Hanover County are subject to periodic inundation which results in loss of Ii fe, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards. SECTION C. STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: (I) restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities; (2) require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) control filling, grading, dredging, and all other development that may increase erosion or flood damage; and (5) prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands. SECTION D. OBJECTIVES. The objectives of this ordinance are: (I) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business losses and interruptions; April 27,2006 2 ------"^"^- 80 (5) to minimize damage to public facilities and utilities (i.e., water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located in flood prone areas; (6) to help maintain a stable tax base by providing for the sound use and development of flood prone areas; and (7) to ensure that potential buyers are aware that property is in a Special Flood Hazard Area or Future Conditions Flood I Hazard Area. ARTICLE 2. DEFINITIONS. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessorv Structure (Aopurtenant Structure)" means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Polc barns, hay sheds and the like qualify as accessory structures on farms, and mayor may not be located on the same parcel as the farm dwelling or shop building. "Addition (to an existing building)" means an extension or increase in the floor area or height of a building or Structure. "Appeal" means a request for a review of the tloodplain administrator, building inspector or engineer's interpretation of any provision of this ordinance. "Area of Shallow Flooding" means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base flood depths detemrined to be from one (I) to three (3) feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Arca of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)." "Basement" means any area of the building having its tloor subgrade (below ground level) on all sides. "Base Flood" means the flood having a one (I) percent chance of being equaled or exceeded in any given yearJ}ased 011 I current conditions hydrologv. "Base Flood Elevation (BFE)" means a detennination of the water surface elevations of the base flood based on current I conditions hydrologv as published in the Flood Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area," it may be obtained from engineering studies available from a Federal or State or other source using FEMA approved engineering methodol?gies. This elevation, when combined with the "Freeboard," establishes the "Regulatory I Flood Protection Elevationo" 11i~ Special flood Ifazard Areas. "Board of Adjustment" - means the New Hanover County Board of Adjustment charged with the responsibility of hearing and deciding appeals and requests for variance from the requirements of this Ordinance. "Breakaway Wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. "Building" see "Structure." "Building Insoeetor" -means the Inspections Director of New Hanover County, North Carolina charged with the responsibility of administering and implementing this Ordinance in compliance with the provisions as contained herein. "CAMA" North Carolina's Coastal Area Management Act. This act, along with the Dredge and Fill Law and the federal Coastal Zone Management Act, is managed through North Carolina Department of Environment and Natural Resources' (NCDENR's) Division of Coastal Management (DCM). April 27, 2006 3 --~----~- 81 "CBRS" means Coastal Barrier Resources System. "Chemical Storage Facility" means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. "CurrenL~:onditions Hydrologv" means the nood discharges associ~ted with the land-use conditions existing within the drainage area of a wateg:ol][SC at the time a flood study of the watercourse WaS conducted. Current conditions flood discharues and historical flood study infiJrITlJ]tion~~1r<'C..QJJblished in the Flood Insurance Stndy. "Coastal Barrier Resources System (CBRS)" consists of undeveloped portions of coastal and adjoining areas established by the Coastal Barrier Resources Act (CoBRA) of 19S2, the Coastal Barrier Improvement Act (CBIA) of 1990, and subsequent revisions, and includes areas owned by federal or state governments or private conservation organizations identified as Otherwise Protected Areas (OP A). "Coastal High Hazard Area" means a Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from stonns or seismic sources. The area is designated on a FIRM, or other adopted flood map as detennined in Article 3, Section B of this ordinance, as Zone VE. "County" - means New Hanover County, North Carolina, a political subdivision of the State of North Carolina. "County Engineer" - means the Director of the Engineering Department of New Hanover County, North Carolina charged with the responsibility of administering and implementing applicable sections of this Ordinance in compliance with the provisions as contained herein. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. "Disposal" means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. "Elevated Building" means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. "Encroachment" means the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impcde or alter the flow capacity of a floodplain. "Existing Manufactured Home Park or Manufactured Home Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the original effective datc of the floodplain management regulations adoptcd by the community. "Expansion to an existing manufactured home park or manufactured home subdivision" - means the preparation of additional sites by the construction of faci1 ities for serving the lot on which the manufactured homes are to be at1ixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of nonnally dry land areas from: (I) the overflow of inland or tidal waters; ancl/or (2) the unusual and rapid accumulation of runoff of surfacc waters from any source. "Flood Hazard Boundary MaD ( HI HM.L_Il12iltl:s..ll11QJtlcial map of a communitv. issued bv the FederalJ'DJQrgcncy I ManaQcl11cntAg(:}1fY,~\\!h<:I0he boundaries of the Special Flood Hazard Areas ha\!eJ~"c)ldefined as Zone A. "Flood Insurance" means the insurance coverage provided under the National Flood Insurance Program. April 27, 2006 4 82 "flood Insurance Rate Mao (FIRM)" means an oflicial map of a community, issued by the Federal Emergency Management Agency, on which 00ffi the Special Flood Hazard Areas, the future Conditions flood Hazard Areas, and the risk premium I zones applicable to the community are delineated. "flood Insurance Study (FIS)" means an examination, evaluation, and detennination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs). "Flood Prone Area" see "Floodplain." "Floodplain" means any land area susceptible to being inundated by water from any source. "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain Development Pennit" means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. "Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, cmergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain Management Regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage. "Floodoroofing" means any combination of structural and nonstructural additions, changcs, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents. "floodway" means the chalmel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation mure than one (I) foot. "Flood Zone" means a geographical area shown on a Flood Hazard Boundary Map or flood Insurance Rate Map that rcflccts the severity or type of flooding in the area. "freeboard" means the height added to the Base Flood Elevation (BFE) or the Future Conditions Flood Elevation to account I for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. The Base Flood Elevation plus the freeboard establishcs thc "Rcgulatory Flood Protection Elevation." "Futurc Conditions Flood" means the flood having a one ( 1) percent chance of being cqualcd or excceded in anv given year 1:ljlSCd~()1}jlltl!l:9 conditions hvdrology. "Future Condition~E]oosLEIcY'l1_iQrl,,_mCanli..iLll(;lenninatioll uf the water surfilcesle_l1nicITls_.lxUhcjJne 12~Lccnt ( 1~'~0....f1Jlllual chance !loud based on fulure conditions hvdrologv as publishcd in the Flood Insurance Studv. This elevation, when combined with the fl.-eeboard. establishes the "Rcgulatory Flood Protcction Elcvation" in Futnre Conditions Flood Hazard Areas. "Future Conditions Flood Hazard Area" means the land area that would be inundated by the one percent (] %,) annual chance tlood based O!l.!ill.U!"..c<;QI1QitlQDsJ1YQrology;Js_llderl11ined in Article 3. Section H oflh.i~Q[\!ilFmg~ "Future Conditions Ilvdrology'. means thc tlood diseh:lrg~s,lli:;Qei,It~,<!\yj!h.12IQlccted land-use conditions based on New HA.!]QYQLJ;OllDty'-,,_ottigi,!I1Y-..;JQQpted zoning ordinance and without consideration of projected t\lture constructj.QUQt"J]Q0Ji detention structures or projected future hydraulic modifications within a stream or other \vaterway such as bridge and culvert <;onst..r::1Jf.!i..ollLfilL,II1(L(;~C.,I\iAtiQ!LEut\lfc conditions Hood dischargcs are published in the Floodjll:;Umnc:.C.Stlltl.L April 27,2006 5 ~- 83 "Functionally Dependent Facility" means a facility which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities. "Hazardous Waste Facility" means, as defined in NCGS 130, Article 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste. "Highest Adiaeent Grade (HAG)" means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure. "Historic Structure" means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program"; or (d) certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government (CLG) Program." Certified Local Government (CLG) Programs arc approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980. "Lowest Adiacent Grade (LAG)" means the elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion ofthe building. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. "Manufactured Horne" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market Value" means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal: replacement cost depreciated for age of building and quality of construction (Actual Cash Value): or adjusted tax assessed values. "Mean Sea Level" means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (N A VD) as corrected in 19RR, or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of the original version ofthc community's Flood Damage Pl"evention Ordinance and includes any subsequent improvements to slleh structures. April 27,2006 6 --------- ---------_..--- 84 "Non-Encroachment Area" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (I) foot as designated in the Flood Insurance Study report. "OPA" means an Otherwise Protected Area. "Post-FIRM" means construction or other development for which the "start of construction" occurred on or aftcr the effective date of the initial Flood Insurance Rate Map for the area. "Pre-FIRM" means construction or other development for which the "start of construction" occurred before the efTcetive date of the initial Flood Insurance Rate Map for the area. "Primary Frontal Dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and over-topping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. "Principally Above Ground" means that at least 51 % of the actual cash value of the structure is above ground. "Public Safetv" and/or "Nuisance" means anything which is iJ:tiurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational Vehicle (RY)" means a vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. "Reference Level" is the top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions I Flood Hazard Areas designated as Zone A-j--~Ml, AE, A, A99"-Bf-AO or X (Futur~}. The reference level is the bottom of the lowest horizontal structural member of the lowest floor for structures within Special Flood Hazard Areas designated as zone VE. "Regulatorv Flood Protection Elevation" means the n:oan.; the "Ba~;e Flood J.:levf.tiotl" pIn:; the-~feebollrd." In "Special Flood Hazard ^rea:;" '/,hore Br.:;e Flood Llcvation;; (BFe~lHwe-beeR dctermined, this elcvation :;hall be the BIT plus-TWfI @-fuet of rmeb[ntftt,-jtl-~€ial FJood f'lazard .^.rea~J" ....here no BFE has been e.;tablishef!.;--tltil; elevation :Jhall be at ]ea~;t two ill feet above the highe:;t ndjaeent ;:;radee1cvatinn above meun sea level to which.tlle reference level of all structures and other development locatcd wjthiILSp"~<:ial Fl[)od Hazard Areas and Future Conditiofls Flood Hazurd Areas must be protected. (a) In "SpeeiaJ....El<2odJJ,!zard Areas" wherc Base Flood Elevations (1:3I<Fs) have l1.s:Qn dctermined. this elevation shall be the BFE plus two (2) feet of freebo<1..ril~ (!JL 11l~:~gi<tLfl.Q9d Hazard Areas" where no BFE has been established. this elevati[)l1 sl1<!l..L be at least two (2) feet above the hiehest all]acellt grade, ( c) In..ELl1.\1re.C'onditions flood Ilazard Areas this elevatiofl shall betl1c,FulLme_C:.!-)l1ditions flood Elevation plus two (2) feel offree!J.Qc'fcL "Remedy a Violation" means to bring the structure or other development into compliance with State and eonmmnity floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected devclopment from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. April 27, 2006 7 ---_._~----_._- 85 "Salvage Yard" means any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery. "Sand dunes" - means naturally occurring accumulations of sand in ridgcs or mounds landward of the beach. "Solid Waste Disposal Facilitv" means, as defined in NCGS l30A-290(a)(35), any facility involved in the disposal of solid waste. "Solid Waste Disposal Site" means, as defined in NCGS l30A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method. "Special Flood Hazard Area (SFHA)" means the land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year based on current conditions hydrolo!!y, as dctcnnincd in Article 3, Section B of this I ordinance. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided thc actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structurc on a site, such as the pouring of slab or footings, the installation of piles, the construction of colunms, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or wal kways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground. "Substantial Damage" means damage of any origin sustained by a structure during anyone-year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent ofthe market valuc of the structure before the damagc occurrcd. See definition of "substantial improvement." "Substantial Improvement" means, for a structure built prior to the enactment of this section, any repair, reconstruction, or improvement ofa structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The "cost" of substantial improvement shall be detennined by adding the cost of all repairs and reconstruction carried out in the five-year period immediately preceding the proposed repairs and reconstruction to the cost of the proposed repairs and reconstruction. . This term includes stmctures which have incurred "substantial damage," regardless of the actual repair work performed. The tenn does not, however, include either: (a) any correction of existing violations of State or community health, sanitary, or safety code specifications which have been identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) any alteration of a historic stmcture, provided that the alteration will not preclude the structure's continued designation as a historic structure. "Variance" is a grant ofrclicffrom the requircmcnts of this ordinance. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other developmcnt without the elevation certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to he in violation until such time as that documentation is provided. "Water Surface Elevation (WSE)" means the height, in relation to mean sea level of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. April 27,2006 8 --~-~_._----- 86 "Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters /low at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. ARTICLE 3. GENERAL PROVISIONS. SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES. This ordinance shall apply to all Special Flood Hazard Areas and Future Conditions Flood Hazard Areas within the I jurisdiction, including Extra-Territorial Jurisdictions (ETJs) if applicable, of New Hanover County and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability. SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS AND FUTURE I CONDITIONS FLOOD HAZARD ARE'L\: The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) ag.-eement between the State of North Carolina and FEMA in its Flood Insu.-anee Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for New Hanover County dated April 3, 2006, which are adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PER."11IT. A Floodplain Development Permit shall be required in conformance with thc provisions of this ordinance prio.- to the commencement of any development activities within Special Flood Hazard Areas and Future Conditions FI..QodJlazanl Areas I determined in accordance with Article 3, Section B of this ordinance. SECTION D. COMPLIANCE. No structure shall be located, cxtcnded, converted or structurally altered, and no land shall be developed as of the effective date of this Ordinance without full compliance with the tcrms of this Ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to rcpcal, abrogate, or impair any existing easements, covcnants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be: (a) considered as minimum requirements; (b) liberally construed in favor of the governing body; and (c) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and enginecring consideration. Larger floods can and will occur. Actual flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the ~tH+-+lo()d Hazard :\roa.;Special Flood I Hnzard Areas and Future Conditions Flood Hazard Areas or uses permitted within such areas will he free from flooding or flood damages. This ordinance shall not create liability on the part of New Hanover County or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION H. PENAL TIE,"; FOR ViOLA TiON. April 27,2006 9 ----~--- 87 (a) A violation of any of the provisions of this article, including any pennit, variance, or stop work order, shall subject the offender to a civil penalty of one hundred dollars ($ J OO'()O) for the first violation, three hundred dollars ($300.00) for the second violation and five hundred dollars ($500.00) for the third and any subsequent violation. (b) If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered in a civil action in the nature of debt. (c) The County may seck to enforce this chapter through any appropriate equitable action. (d) Failure to remove any artificial obstmction or enlargement or replacement thereof that violates any provision of this article shall constitute a separate violation of this article for each day that such failure continues after written notice of such violation from the county. (c) In addition to the violations listed in subsection (d), each day that a violation continues after thc offender has been notified of the violation shall constitute a separatc violation. (f) The county may seck to enforce this chapter by using anyone or any combination of the foregoing remedies. (g) Nothing herein contained shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION I. AMENDMENTS The Board of County Commissioners of New Hanover County may, from time to time, amend these Regulations, but no amendment shall become effeetivc unless it has been proposed by, or has been submitted to, the State Coordinating Agency and the Federal Emergency Management Agency for review and approval. SECTION J. SEPARABlLITY Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. ARTICLE 4. ADMINISTRATION. SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR. The Building Inspector or County Engineer, hereinafter referred to as the "Floodplain Administrator," is hereby appointed to administer and implement the provisions of this ordinance. lIe may be provided with the assistance of such other persons as he deems necessary in order to adequately carry out the administration and enforcement of this Ordinance. SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT & CERTIFICATION REQUIREMENTS. (I) Application Requirements. Application for a Floodplain Development Pennit shall be made to the f100dplain administrator prior to any development activities located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas. The I following items shall be presented to the floodplain administrator to apply for a floodplain development permit: ( a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: i) the nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage t~lcilities, and other development; April 27,2006 10 ~ -~--~- 88 ii) the boundary of the Special Flood Hazard Area or Future Conditions Flood Hazard Area as delineated on I the FIRM or other flood map as detennined in Article 3, Section B, or a statement that the entire lot is within the Special Flood Hazard Area or Future Conditions Flood Hazard Area; I iii) flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Article 3, Section B; iv) the boundary of the i1oodway(s) or non-encroachment area(s) as determined in Article 3, Section B; v) the Base Flood Elevation (BFE) or Future Conditions FlQ~~g Eleyjltil!!L where provided as set forth in I Article 3, Section B; Article 4, Section C(13) & (14); or Article 5, Section D; vi) the old and new location of any watercourse that will be altered or relocated as a result of proposed development; vii) the boundary and designation date of the Coastal Barrier Resource System (CBRS) area or Otherwise Protected Areas (OPA), ifapplicablc; and viii) certification of the plot plan by a registered land surveyor or professional engineer. (b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area or Future I Conditions Flood Hazard Area including but not limited to: i) Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures; ii) Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A,-ffF AO or X I (Future) will be flood-proofed; and iii) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed; (c) Iffloodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures. (d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These details include but are not limited to: i) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); ii) Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with Article 5, Section B(4), when solid foundation perimeter walls arc used in Zones A, AO, AE, and ~X (Future); I iii) The following, in Coastal High Hazard Areas, in accordance with Article 5, Section B(4)(d) and Article 5, Section G: I) V-Zone Certification with accompanying plans and specifications verifying the engineered structure and any breakaway wall designs; 2) Plans for open wood latticework or insect screening, if applicable; 3) Plans for non-structural fill, if applicable. If non-structural fill is proposed, it must be demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the Base Flood Elevation or otherwise cause adverse impacts by wave ramping and denection on to the subject structure or adjacent properties. (e) Usage details of any enclosed areas below the regulatory flood protection elevation. April 27, 2006 II 89 (f) Plans andlor details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage; (g) Copies of all other Local, State and Federal pennits required prior to f100dplain development pennit issuance (Wetlands, Endangered Species, Erosion and Sedimentation Control, CAMA, Riparian Buffers, Mining, etc.). (h) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure Artiele 5, Sections B(6) & (7) of this ordinance are met. (i) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (ifnot shown on plot plan) showing the location of the proposed watercourse alteration or relocation. (2) Pennit Requirements. The Floodplain Development Pennit shall include, but not be limited to: (a) A description of the development to be pennitted under the floodplain development pennit. (b) The Special Flood Hazard Area or Future Conditions Flood Hazard Area detennination for the proposed I development per available data specified in Artiele 3, Section B. (c) The regulatory flood protection elevation required for the reference level and all attendant utilities. (d) The regulatory flood protection elevation required for the protection of all public utilities. (e) All certification submittal requirements with timelines. (f) A statement that no fill material or other development shall encroach into the f100dway or non-encroachmcnt arca of any watercourse, as applicable. (g) The flood opcnings requirements, if in Zones A, AO, AE or A--l---WW:utu..r:oD. I (h) Limitations of use of the enclosures below thc lowcst floor (if applicable). (i.e., Parking, Building Access and Limited Storage only). (i) ^ statement, if in Zone VE, that there shall be no alteration of sand duncs which would increase potential flood damage. (j) A statement, if in Zone VE, that there shall be no fill used for structural support. (3) Certi fication Requirements. (a) Elevati on Certi ficates i) An Elevation Certificate (FEMA Form 81-31) or a floodproofing Certificate (FEMA Form 8/-65) is required after the reference level is established. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the pennit holder to submit to the administrator a certification of the elevation of the lowest floor, or f1oodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (2 I) day calendar period and prior to submission ofthe certification shall be at the pennit holder's risk. The administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being pennitted to proceed. Failure to submit the surveyor failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. April 27, 2006 12 .--~~"" 90 ii) A final as-built Elevation Certificate (FEMA Form 8/-3/) is required after construction is completed and prior to Certificate of Com pliancel Occupancy issuance. It shall be the duty of the permit holder to submit to the f100dplain administrator a certification of final as-built construction of the elevation ofthc refercncc lcvel and all attendant utilities. Thc f100dplain administrator shall review the certificate data suhmitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In somc instances, another certification may bc rcquired to certify corrected as- built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (b) Floodproofing Certificate If non-residcntial floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data and an operational plan, is rcquired prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under thc dircct supcrvision of a professional engineer or architect and certificd by same. The floodplain administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance ofa Certificate of Compliance/Occupancy. (c) If a manufactured home is placed within Zone A, AO, AE, or A-J..-:WX (Futurc) and the elevation of the chassis is more I than 36 inches in height above grade, an engineered foundation certification is required per Article 5, Section B(3). (d) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to propcrties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit. (e) Certification Exemptions. The following structures, if located within Zone A, AO, AE or A-J..-:WX (FutlJIQ../, arc exempt I from thc elevation/floodproofing certification requirements specified in items (a) and (b) of this subsection: i) Recreational Vehicles meeting requirements of Article 5, Section B(6)(a); ii) Temporary Structures meeting requirements of Article 5, Section BO); and iii) Accessory Structures less than 150 square feet meeting requirements of Article 5, Section B(8). (1) A V -Zone Certification with accompanying design plans and speci fications is required prior to issuance of a Floodplain Development permit within coastal high hazard areas. It shall be the duty of the permit applicant to submit to the floodplain administrator said certification to ensure the design standards of this ordinance are met. A registercd professional engineer or architect shall develop or review the structural design, plans, and specifications for construction and certify that the design and methods of construction to be used arc in accordance with accepted standards of practice for meeting the provisions of this ordinance. This certification is not a substitute for an Elevation Certificate. SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. The Floodplain Administrator shall perform, but not be limited to, the following duties: (I) Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas_D..mLF\lt1ll"e_Q)t1~litions Flood Hazard Areas to assure that the requirements of this ordinance have bccn I satisfied. (2) Advisc pcrmittec that additional Federal or State pennits (Wetlands, Endangered Species, Erosion and Sedimentation Control, CAMA, Riparian Buffers, Mining, etc.) may be required, and require that copies of such permits be provided and maintained on file with the floodplain developmcnt permit. April 27, 2006 13 .._-~--- 91 (3) Notify adjacent communities and thc North Carolina Department of Crime Control and Public Safety, Division of Emergency Managcment, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished. (5) Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of Article 5, Section E are met. (6) Verify and record the actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with Article 4, Section B(3). (7) Verify and record the actual elevation (in relation to mean sea level) to which all new and substantially improvcd structures and utilities have been floodproofcd, in accordance with Article 4, Section B(3). (8) Verify and record the actual elevation (in relation to mean sea Ievcl) of all public utilities in accordance with Article 4, Section B(3). (9) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Article 4, Section B(3) and Article 5, Scction B(2). (10) In Coastal High Hazard Areas or Future Conditions Flood Hazard r1r..~2..certification shall be obtained from a I registered professional engincer or architect licensed to practice in North Carolina that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (11) In Coastal High Hazard Areas, the Building Inspector shall review plans for the adequacy of breakaway walls in accordance with Article 5, Section B( 4)( d). (12) Where interpretation is nccded as to thc cxact location of boundaries of the Special Flood Hazard Areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contcsting the location ofthc boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (13) Whcn Base Flood Elevation (BFE) data has not been provided in accordance with Article 3, Section B, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data, along with floodway data or non-encroachment area data available from a Federal, State, or other source, including data developed pursuant to Article 5, Section D(2)(b), in order to administer the provisions of this ordinancc. (14) When Rase Flood Elevation (BFE) data is provided but no floodway nor non-encroachment area data has becn provided in accordanec with Articlc 3, Scction B, obtain, review, and reasonably utilize any floodway data or non- cncroachment area data available from a Federal, State, or other source in order to administcr the provisions of this ordinance. (15) When the lowest ground elevation of a parcel or structure ffi-a-Speeial Flood Hazard ,\n::aIQ<:at<;<ll'lithitlXQIl<:l\~ is I above the Base Flood Elevation (BFE), advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file. (16) Permanently maintain all records that pertain to the administration of this ordinance and make thcse rccords available for public inspection. (17) Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall makc as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions ofthe local ordinance and the terms of the pennit. In excrcising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any prcmises within thc jurisdiction ofthc community at any rcasonable hour fi.)[ the purposes of inspection or other enforcement action. April 27, 2006 14 ---~---"'" 92 (18) Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the floodplain administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor. (19) Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development pennit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing thc pcnnit Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. (20) Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (2 I) Follow through with corrective procedures of Article 4, Section D. (22) Review, provide input, and make recommendations for variance requests. (23) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps and studies adopted in accordance with Article 3, Section B of this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs. (24) Coordinate revisions to FIS reports ami FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR). SECTION D. CORRECTIVE PROCEDURES. (I) Violations To Be Corrected: When the floodplain administrator finds violations of applicable State and local laws, it shall be his or her duty to notity the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification. (2) Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating: (a) that the huilding or property is in violation of the Flood Damage Prevention Ordinance; (b) that a hearing will be held before the floodplain administrator at a designated place and time, not later than twenty one (21) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and, (c) that following the hearing, the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as appears appropriate. (3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinancc, they shall issuc an ordcr in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than thirty nO) calendar days, nor more than One IIundred Eighty (] 80) calendar days. Where the floodplain administrator finds that there is April 27,2006 15 --~-~ 93 imminent danger to life or other property, they may order that corrective action be taken in such lesser period as may be feasible. (4) Appeal: Any owner who has received an order to take corrective action may appeal the order to the board of adjustment by giving notice of appeal in writing to the administrator within fourteen (14) days following the written notice. In the absence of an appeal, the order of tbe floodplain administrator shall be final. The board of adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. Any pcrson aggrieved by the decision of the board of adjustment may appeal such decision to the superior court within thirty (30) days of the signing ofthc ordcr of the board. Such appeal shall be in the nature of certiorari. (5) Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a I misdemeanor and shall be subject to penalties as described in Article 3, Section H(a)-(g). SECTION E. VARIANCE PROCEDURES. (1) The Board of Adjustment as established by the New Hanover County Board of Commissioners, hereinafter referred to as the "appeal board," shall hear and decide requests for variances from the requirements of this ordinance. The board shall provide appropriate forms and information to person applying for a variance to cnable them to furnish all necessary information to the board. The variance request shall be written and shall include information as to all of the factors set forth in subsection (b) and any other pertinent informationo I (2) Any person aggrievcd by the dccision of the appeal board may appeal such decision to the Court, as provided in Chapter 7 A of the North Carolina General Statutes. (3) Variances may be issued for: (a) the repair or rehabilitation of historic structurcs upon the deternunation that the proposcd repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure. (b) functionally dependant facilities if detcrmined to meet the definition as stated in Article 2 of this ordinance, provided provisions of Article 4, Section F(9)(b), (c), and (e) have been satisfied, and such facilities are protected by methods that minimize flood damagcs. (c) any other type of dcvclopment, provided it meets the requirements stated in this section. (4) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: (a) the danger that matcrials may be swept onto other lands to the injury of others; (b) thc danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of slIch damagc on the individual owncr; (d) thc importance of the services provided by the proposed facility to thc community; (e) the necessity to the facility ofa waterfront location as defined under Article 2 of this ordinance as a functionally dcpcndant facility, where applicable; (I) the availability of alternative locations, not subject to flooding or erosion damage, for the proposcd usc; April 27, 2006 16 94 (g) the compatibility of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and floodplain managcment program for that arca; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; U) the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (5) A written report addressing each of the above factors shall be submitted with the application for a variance. (6) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such conditions to the granting of variances as it deems necessary to furthcr the purposes of this ordinance. (7) Any applicant to whom a variance is granted shall bc given writtcn notice specifying thc difference betwcen thc Base Flood Elevation (BFE) and the elevation to which the structure is to be built and that such construction below the Base Flood Elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the Base Flood Elevation will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their Issuance. (8) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the State of North Carolina upon request. (9) Conditions for Variances: (a) Variances shall not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. (b) Variances shall not bc issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall only be issued prior to devclopment pcnnit approval. (e) Variances shall only be issued upon: i) a showing of good and sufficient cause; ii) a dctennination that failure to grant the variance would result in exceptional hardship; and iii) a determination that the granting of a variance will not result in inercased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (0) A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Arcas or Future Condi!iQ!lS Flood Hazard Areas I provided that all ofthe following conditions are met. (a) The use serves a critical need in the community. (b) No feasible location exists for the use outside the Special flood Hazard Area or r:uturc C.onditions Flood Hazard I An~~. April 27, 2006 ]7 -------~-.-._- ---~-~.,-- 95 (c) The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation. (d) The usc complies with all other applicable Federal, State and local laws. (e) New Hanover County has notified the Secretary of the North Carolina Department of Crime Control anti Public Safety of its intention to grant a variance at least thirty (30) calendar days prior to granting the variance. ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION. SECTION A. GENERAL STANDARDS. In all Special Flood Hazard Areas the following provisions are required: (I) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located at least two (2) feet above base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. These include, but are not limited to, HV AC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utilityleable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and dischargcs from the systems into flood waters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. (9) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this ordinance and located totally or partially within the floodway, non-encroachment arca, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance. (10) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as speci fled in Article 4, Section E( I 0). A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard AreaQrF~ltl1reCQmJiti()llstLQ()lLtln:Z'IJll,~rc[l only if the I structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certi lied according to Article 4, Section B(3) of this ordinance. (11 ) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage. April 27, 2006 18 ---.--- 96 ( 12) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damagc. (13) All subdivision proposals and other development proposals shall have adequate drainage provided to rcduce exposure to flood hazards. (14) All subdivision proposals and other development proposals shall have rcceivcd all necessary permits from those governmental agencies for which approval is rcquired by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.c. 1334. (15) All Subdivision proposals shall be in compliance with the Subdivision Regulations of new Hanover County_ SECTION B. SPECIFIC STANDARD."". In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, <Jnd in EL!!t,Jre Conditions Flood I ffazard Areas where Future Conditj,Qns Flpod Elevations data has bcen provided.Mas sct forth in Article 3, Section B, or Article 4, Scction C(13) & (14), the following provisions, in addition to Article 5, Section A, are requircd: (1) Residential Construction. New construction and substantial improvement of any residcntial structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Article 2 of this ordinance. Should solid foundation perimeter walls be used to elevate, structural openings sufficient to facilitate automatic equalization of flood hydrostatic forces on exterior walls shall be provided. (2) Non-Residential Construction. New construction and substantial improvement of any commercial, industrial, or other non-residential stmcture shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Article 2 of this ordinance. Structures located in A, AE and -A+--;WX (Future) Zones I may be tloodproofed to the regulatory flood protection elevation in licu of elevation provided that all areas of the structure, together witb attendant utility and sanitary facilities, below the regulatory flood protection elevation are watertight with walls substantially impenneable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with Article 5, Section H(3). A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article 4, Section B(3), along with the operational <Jnd maintenance plans. (3) Manufactured Homes. (a) New or replacement manufactured homcs shall bc elevated so that the reference level ofthc manufactured home is no lower than the rcgulatory flood protection elevation, as defined in Article 2 of this ordinance. (b) Manufacturcd homcs shall be securely anchored to an adequately anehorcd foundation to resist flotation, collapse, and lateral movement, either by cngineer certification, or in accordance with the most current edition of the St<Jte of North Carolina Regulations for Manufactured Homes, adopted by the Commissioner of Insurance pursuant to NCGS 143-143.15 or a certified enginecred foundation. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis sh<J1I be supported by reinforced piers or enginecred foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required. (c) All enclosures or skirting below the lowest floor shall meet the rcquiremcnts of Article 5, Section 13(4)(a), (b), and (c). (d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged m<Jnu/[lctured homc parks or subdivisions located within flood prone areas. This plan sh<J1I be filed with and approved by the floodplain administrator and the local Emergency Management coordinator. (4) Elevated Buildings. rully enclosed <Jreas of new construction and substantially improved structures, which are below the lowest floor: April 27, 2006 19 97 (a) shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building acccss, or limited storage of maintenance cquipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas; (b) shall be constructed entirely of flood resistant materials, up to the regulatory flood protection elevation; (c) shall include, in Zones A, AO, AE, and A-f--:WX (Future), flood openings to automatically equalizc hydrostatic flood I forces on walls by allowing for thc entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria; i) A minimum of two flood openings on different sides of each enclosed area subject to flooding; ii) The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area subj ect to flooding; iii) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and cxit; iv) The bottom of all required flood opcnings shall be no higher than one (1) foot above the adjaccnt grade; v) Flood openings may be equipped with screens, louvers, or othcr coverings or devices, provided they pennit thc automatic flow of floodwaters in both directions; and vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above. (d) shall allow, in Coastal High Hazard Areas (Zones VE and V 1-30), breakaway walls, open wood latticework or insect screening, provided it is not part of the structural support of the building and is designed so as to breakaway, under abnormally high tides or wave action, without causing damage to the structural integrity of the building, provided the following design specifications are met: i) Material shall consist of open wood latticework or insect screening; or ii) Breakaway walls shall meet the following design specifications: 1 ) Design safe loading resistance of each wall shall be not less than 10 nor more than 20 pounds per square foot; or 2) Breakaway walls that exceed a design safe loading resistance 01'20 pounds per square foot (either by design or when so required by State or local codes) shall be certified by a registered professional engineer or architect that the breakaway wall will collapse from a water load less than that whieh would occur during the base flood evcnt, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). The water loading values used shall be those associated with the base flood. The wind loading values used shall be those required by the North Carolina State Building Code. (5) Addi tions/I mprovements. (a) Additions and/or improvements to pre-FIRlvI structures when the addition and/or improvcmcnts in combination with any interior modifications to the existing structure are: i) not a substantial improvement, the addition antI/or improvements mllst be designed to minimize flood damages and must not be any more non-conforming than the existing structure. April 27,2006 20 --~~".." 98 ii) a substantial improvement, both the existing structure and the addition andlor improvements must comply with the standards for new construction. (b) Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction. (cl Additions andlor improvements to post-FIRM structures when the addition andlor improvements in combination with any interior modifications to the existing structure are: i) not a substantial improvement, the addition andlor improvements only must comply with the standards for new construction. ii) a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction. (d) Where an independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition must comply with the standards for new construction. (6) Recreational Vehicles. Recreational vehicles shall either: (a) be on site for fewcr than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no pennanently attached additions); or (b) meet all the requirements for new construction. (7) Temporary Non-Residential Structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the floodplain administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the floodplain administrator for review and written approval; (a) a specified time pcriod for which the temporary use will be permitted. Time specified should not exceed tlrree (3) months, renewable up to one (I) year; (b) the name, address, and phone number of the individual responsible for the removal of the temporary structure; (c) the time frame prior to the event at which a structure will be removed (i.e., minimum of seventy-two (72) hours before landfall of a hurricane or immediately upon flood warning notification); (d) a copy of the contract or other suitable instrument with the entity responsible for physical removal-of the I structure; and (e) designation, accompanied by documentation, of a location outside the Spccial Flood Hazard ArcaQLfuJ!!l:~ I c:..;Ql1cJitions_flood Hazard Area, to which the temporary structure will be moved. (8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area or I Future Conditions Flood Hazard Area, the following criteria shall be met: (a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas); (h) Accessory structures shall not be temperature-controlled; ( c) Accessory structures shall be designed to have low flood damage potentia]; April 27,2006 21 _."~-~.-._-- 99 (d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; (e) Accessory structures shall be firmly anchored in accordance with Article 5, Section A(I); (f) All service facilities such as clcctrical shall be installed in accordance with Article 5, Section A(4); and (g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with Article 5, Section B(4)(c). (h) An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodprooting certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with Article 4, Section B(3). SECTION C. RESER VEl). SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS. Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B, where no Base Flood Elevation (BFE) data is available, the following provisions, in addition to Artiele 5, Section A, shall apply: (1 ) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registercd professional engineer is provided demonstrating that sueh encroachments shall not result in any increase in flood levels during the occurrence of the base fl ood di scharge. (2) The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria sct in priority order: (a) If Base Flood Elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordancc with standards in Article 4, Section C( 13) & (14). (b) All subdivision, manufacturcd home park and other development proposals shall provide Base Flood Elevation (BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) data shall be adopted by reference per Article 3, Seetion B to be utilized in implementing this ordinance. (e) When Base Flood Elevation (BFE) data is not available from a Federal, State, or other source as outlined above, the reference level shall be elevated to or above the regulatory flood proteetion elevation, as defined in Article 2. SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BFE BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT AREAS. Along rivers and streams where BFE data is provided but neither floodway nor non-encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas: (I) Standards outlined in Article 5, Sections A and B; and (2) Until a regulatory floodway or non-encroachment arca is designated, no encroachments, including till, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. SECTION F. FLOODWAYS AND NON-ENCROACH1~'1ENT AREAS. April 27, 2006 22 ----._--- ,-- 100 Areas designated as f100dways or non-encroachment areas are located within the Special Flood Hazard Areas established in Article 3, Section B. The floodways and non-encroachment areas are extremely hazardous areas duc to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in Article 5, Sections A and B, shall apply to all development within such arcas: (I) No encroaclunents, including fill, new construction, substantial improvements and other developments shall be pemlittcd unless: (a) the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base /lood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of floodplain development pennit, or (b) a Conditional Lctter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (2) If Article 5, Section F(l) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this ordinance. (3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met: (a) the anchoring and thc elevation standards of Article 5, Section B(3); and (b) the no encroachment standard of Article 5, Section F(I). SECTION G. COASTAL HIGH HAZARD AREAS (zONES VE). Coastal High Hazard Areas arc Special Flood Hazard Areas established in Article 3, Section B, and designated as Zones VE. These areas have special flood hazards associated with high velocity waters from storm surges or seismic activity and, therefore, in addition to meeting all requirements of this ordinance with the exception of /loodway and non-encroachment area provisions (Article 5, Section F), the following provisions shall apply: (I) All development shall: (a) be located landward of the reach of mean high tide; (b) be located landward of the first line of stable natural vegetation; and (c) comply with all applicable CAMA setback requirements. (2) All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) is no lower than the regulatory flood protection elevation. Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas to satisfy the regulatory flood protection el evation requircments. (3) All new construction and substantial improvements shall have the space below the lowest floor free of obstruction so as not to impede the flow of flood waters, with the folJowing exceptions: (a) Open wood latticework or insect screening may be permitted bclow the regulatory flood protection elevation for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with Article 5, Section B(4)(d)(i). Design plans shall be submitted in accordance with Article 4, Section B(I)(d)(iii)(2); or (b) Breakaway walls may be permitted provided they meet the criteria set forth in Altide 5, Scction B(4)(b). Design plans shall be suhmitted in accordance with Article 4, Section H( I )(d)(iii)( I). (4) All new construction and substantial improvements shall be securely anchored to pile or column tl..1undations. All pilings and columns and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effect of wind and water loads acting simultaneously on all building components. April 27, 2006 23 101 (a) Water loading values used shall bc thosc associated with the regulatory flood protection elevation. (b) Wind loading values uscd shall be those required by the current edition of the North Carolina State Building Codc. (5) A registered professional engineer or architect shall certi fy that the design, specifications and plans for construction arc in compliance with the provisions contained in Article 4, Section B, Article 5, Section G(3)(a) & (b), Article 5, Section G(4) and Article 5, Section G(6) of this ordinance on the current version of the North Carolina "National Flood Insurance Program V-Zone Certilication" fonn. (6) fill shall not be used for structural support. Limited non-compacted and non-stabilized fill may be used around the perimeter of a building for landseapinglaesthetic purposes provided it is demonstrated through coastal engineering analysis that the proposed fill would not result in any increase in the Base Flood Elevation and not cause any adverse impacts by wave ramping and dellection to the subject structure or adjacent properties.: (7) There shall be no alteration of sand dunes or sand dune vegetation which would increase potential flood damage. (8) No manufactured homes shall be pcnnitted except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this Section have been satisfied. (9) Recreational vehicles may be permitted in Coastal High Hazard Areas provided that tbey meet the Recreational Vebicle criteria of Article 5, Section B(6)(a) and the Temporary Structure provisions of Article 5, Section B(7). SECTION H. STANlJARDS FOR AREAS OF SHALLOW FLOODING (ZONE ,10). Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (I) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unprcdictable and indeterminate. In addition to Article 5, Section A, all new construction and substantial improvements shall meet the following requirements: (1) All new construction and substantial improvement of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street or the highest adjacent grade, whichever is higher, to or above the depth number specified on the County's FIRM, plus a freeboard of two feet, above the highest adjacent grade. Ifno depth number is spccificd, the lowest floor, including bascmcnt, shall be elevated at least two (2) feet above the crown of the ncarest street or the highest adjacent grade, whichever is higher. (2) Non-residential structures may, in licu of elevation, be Iloodproofcd to the same level as required in Article 5, Section H( I) so that thc structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to thc passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and cffects of buoyancy. Certification is required as per Article 4, Section B(3) and Articlc 5, Scction B(2). (3) Adequate drainage paths shall be provided around structures on slopes, to guidc floodwaters around and away from proposed structures. ARTICLE 6. LEGAL STATUS PROVISIONS. SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE. This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance April 1, ]978 as amended, and it is not the intention to repeal hut rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accmed thereunder are reserved and may be enforccd. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All April 27, 200(") 24 102 provisions of the flood damage prevention ordinance of New Hanover County enacted on April 3, 1978, as amended, which are not reenacted herein are repealed. SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PER1IBTS. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in confom1ity with the provisions of this ordinance. SECTION C. EFFECTIVE DA TE. This ordinance shall become effective on-Amil-3 ,2006. I SECTION D. ADOPTION CERTIFICATION. I hereby certify that this is a true and correct copy of the flood damage prevention ordinance as adopted by the (governing body) of (community), North Carolina, on the day of ,200_. WITNESS my hand and the official seal of , this the _ day of ,200 - (signature) April 27, 2006 2S 103 This page intentionally left blank. 104 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Regular Item #: 5 Estimated Time: Page Number: Department: Health Presenter: Dr. Jean McNeil, ACS Manager Contact: Dr. Jean McNeil, ACS Manager SUBJECT: Public Hearing and Consideration of Revisions to the New Hanover County Code, Section Five: Animals & Fowl BRIEF SUMMARY: At its meeting on May 1 st, the Board approved several amendments to the 'Animals and Fowls' section of the County Code. This item pertaining to animals left improperly in vehicles was continued so that liability issues could be reviewed. The current proposal and the rationale behind it are being provided on an accompanying memorandum. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Revisions to the New Hanover County Code, Section Five: Animals and Fowl. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. ACS Ordinance Change 05.06.doc REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider revisions. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 105 TO: New Hanover County Commissioners FROM: Jean McNeil, Animal Control Services Manager Holt Moore, Assistant County Attorney RE: Suggested Revisions to Animal Control Services Ordinance (Tabled at May 1,2006, Meeting from Original List - Specifically Changes to Confiscation of Pets from Vehicles) DATE: May 24, 2006 6. Confiscation of Pets Whose Owners Are Indisposed Rationale: This provision would allow ACS staff to confiscate animals that have been left unattended or in dire circumstances, such as a warm vehicle without ventilation, owner illness, incarceration, or other involuntary condition. The owner would be able to retrieve their animal from ACS shelter, after paying a $150 citation, any medical fees, and any boarding fees. The proposed additional language is in bold. Discussion at the May 1, 2006, County Commissioner's meeting raised concerns about liability to Animal Control Officers (ACO's), in the event that the vehicle was damaged with removal of the animals. Provision for additional law enforcement (Wilmington Police Department or New Hanover County Sheriffs Department) to remove the animal by unlocking the vehicle has been amended to cover this particular concern. ACO's are not sworn officers as other law enforcement officials, so they are not covered for certain liability situations. The removed animals will be transported to a veterinary hospital for examination to verify the health and stabilize the pet. Section 5-16(a). Impounding Animals - Authorized (a) Authorized. Any animal which is lost, stray or unwanted or any dog or cat which is found not wearing a currently valid county license/rabies vaccination tag, as required by state law or this chapter, or any dog or cat found being treated inhumanely, shall be confined at animal control in a humane manner for a period of five business days for redemption by the owner or otherwise disposed of as provided in this section. In the event that an animal is left in a vehicle in such a manner as to cause the animal to be in a state of physical distress, or under such conditions as will quickly cause the animal to reach a state of distress or physical danger, Animal Control Services shall be authorized to impound the animal with the approval of a law enforcement agent. The law enforcement agent will remove the animal from the vehicle. There shall be a $150 fine against the owner for such removal, and the owner may retrieve the animal from the animal control facility upon payment of the fine, any medical fees, and any boarding costs. 106 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 8:35 p.m. 1. Non-Agenda Items (limit three minutes) 8:40 p.m. 2. Approval of Minutes 109 8:45 p.m. 3. Consideration of Request for Approval of Well Site Purchase for Water Plant 111 Project and Approval of Associated Budget Amendment 2006-68 107 This page intentionally left blank. 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the May 15, 2006 Water and Sewer District Regular Meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Appproved 5-0. 109 This page intentionally left blank. 110 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Request for Approval of Well Site Purchase for Water Plant Project BRIEF SUMMARY: On January 20, 2004, the New Hanover County Board of Commissioners approved a $30,400,000 budget for the construction of a 6 million gallon per day water treatment plant and well field to supply high quality drinking water. Currently, the County has acquired the plant site and more than five (5) well sites. Additional parcels of land are required for the wells needed for the project. An option to purchase 2.06 +/- acres was obtained by Triece and Company, Inc., on behalf of New Hanover County. The property is a 300 ft. by 300 ft. portion of Lot 12, Section 1 of Greenview Ranches located at 1741 Plantation Road, owned by Glad Tidings Community Churches. The property purchase price is $29,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board approve the purchase of the property for $29,000, and authorize the Chairman to execute documentation, as necessary, to purchase the site; and to approve budget amendment 2006-68 to appropriate $150,000 for this cost and future costs of well site purchases and investigative costs to be incurred to Land Management Group. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: Wellfield/Water Treatment Project - 885-88500000-800700 ATTACHMENTS: ~ Ii~t-:::.: ba2005.58. doc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved the purchase for $29,000 and the budget amendment in the amount of $29,0003-2, Davis & Pritchett opposing. 111 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Budget Amendment DEPARTMENT: Wellfield Capital Project/Water-Sewer BUDGET AMENDMENT #: 2006-68 ADJUSTMENT DEBIT CREDIT Wellfield Capital Project Transfer in from Fund 800 $150,000 Capital Project Expense-Land $100,000 Capital Project Expense-Land $50,000 Mgmt. Group Water-Sewer Appropriated Fund Balance $150,000 Transfer to Capital Projects $150,000 EXPLANATION: To increase Wellfield Capital Project budget for additional purchases for well sites and for additional expense for Land Management Group. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved in the amount of the purchase price of $29,0003-2, Davis and Pritchett opposing. 112 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Additional Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Commissioner Nancy H. Pritchett Contact: Nancy Pritchett Item Does Not Require Review SUBJECT: Confirmation of Appointments to the Cape Fear Workforce Development Board BRIEF SUMMARY: New Hanover County nominations for the Cape Fear Workforce Development board are attached as well as general information about the Cape Fear Workforce Development Consortium. RECOMMENDED MOTION AND REQUESTED ACTIONS: Confirm the appointments. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ . .. . .. CFWDS New Hanover Count}' Nominations.doc Cape Fear WD C Description 2005. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 113 Cape Fear Workforce Development Board NEW HANOVER COUNTY NOMINATIONS Name/Contact Information Re Jose Vergara Private Sector Owner Seaside Software PO Box 2102 Wilmington, NC 28402 (910) 362-9138 ose seasidesoft.com Craig Umstead Private Sector Management Consultant Management Advisory Consulting Services 2840 South College Road - Suite 407 Wilmington" NC 28412 (910) 389-7598 crai umst1 ahoo.com Teresa Woods-Cox Private Sector Co-Owner, Director of Human Resources & Safety T.A. Woods Company 902 Arjean Drive Wilmington, NC 28411 (910) 452-7900 tcox tawoods.com Marjorie Taube Private Sector Human Resource Manager Castle Branch, Inc. 3802 Providence Cl. Wilmington, NC 28412 910 815-3880 ext 7150 David McCune, Jr. Private Sector Vice-President McCune Technology 604 Church Street Wilmington, NC 28401 (910) 2976034 axcilla2 ahoo.com Darryl Bruestle Community Based Organizations Instructor Cape Fear Community College 4001 Cedar Avenue Wilmington, NC 28403 (910) 791-7004 kbruest uno.com Carl Byrd, Sr. Economic Development/Community Director Colleges New Hanover County Human Relations Commission 801 Princess Street, Suite 101 Wilmington, NC 28401 (910) 341-7174 cb rd co. new-hanover. nc. us Macy McRae Public Schools Vice Principal New Hanover County Schools Rachel Freeman Elementary School 2601 Princess Place Drive Wilmington, NC 28405 910 251-6011 Cape fear Workforcc Dcvelopment Hoard Nominations New Hanover County Pagclofl 114 CAPE FEAR WORKFORCE DEVELOPMENT CONSORTIUM The Cape Fear Workforce Development Consortium (CFWDC) is an association of the four counties of Region 0 - Brunswick, Columbus, New Hanover and Pender to provide employment and training activities under the Workforce Investment Act 0NIA) of 1998. This Act provides for the delivery of services through the one-stop JobLink Career Center service delivery system. This system is customer focused for both employers and job seekers. WIA also provides for: ~ Streamlining of services through the establishment of the One Stop Career Centers ~ The empowerment of individuals through information and access to training resources ~ Universal access to core employment related services ~ Increased accountability for results ~ A strong role for the Cape Fear Workforce Development Board and the private sector in the workforce investment system ~ Facilitating state and local flexibility; and ~ Improving youth programs by linking more closely to local labor market needs and community youth programs; and by emphasizing strong connections between academic and occupational learning. The Cape Fear Workforce Development Consortium Board provides for representation of elected officials in the local area's approach to carrying out the Workforce Investment Act. In the Cape Fear Local Area, each of the four participating counties appointed its Cape Fear Council of Governments' (COG) Executive Committee COUNTY representative to represent the county in matters related to workforce development. The Consortium is an equal partner with the Workforce Development Board in providing policy guidance and oversight with respect to the local workforce development system. The Chief Elected Official of the Cape Fear Workforce Development Consortium is also the Chairman of the Cape Fear Council of Governments. Consortium Board Members COG Chairman/Cape Fear WDC Chief Elected Official Lynwood Norris, Commissioner Columbus County 6087 Swamp Fox Road, East Tabor City, NC 28463 William "Bill" Sue, Commissioner Nancy Pritchett, Commissioner Brunswick County New Hanover County Post Office Box 89 320 Chestnut Street, Room 305 Leland, NC 28451 Wilmington, NC 28401 FooD. Rivenbark, Commissioner Pender County Post Office Box 151 Burgaw, NC 28425 Cape Fear Council of Governments -1- cape fea[4t' , Revised 10/2005 ~~~~,~~!Oc~~ l"'~~':-::--", 5!,n:e~:; Ttirl~g/) l'ot"tn(:drJp !__~_:-_~-~.:.~ ;6>f_-f,--~ ';;:;'~ 115 The Cape Fear Workforce Development Board is appointed by the Cape Fear Workforce Development Consortium Board to provide policy guidance and program oversight for workforce development programs in the four counties. The Board is a group of volunteers representing local business and industry, educational agencies, community-based organizations, organized labor, rehabilitation agencies, economic development and the public employment service. The Board also has a mandate under the Workforce Investment Act to perform certain functions. These are: );.> Develop a local five-year strategic plan );.> Conduct oversight of the one-stop system, youth activities, and employment and training activities under Title I of WIA );.> Select one-stop operators with agreement of the Cape Fear Workforce Development Consortium Board );.> Select eligible youth service providers based on recommendations of the Youth Council );.> Identify eligible providers of adult and dislocated worker intensive services and training services );.> Maintain a list of eligible training providers with performance cost information );.> Develop a budget subject to the approval of the Cape Fear Job Training Consortium Board to carry out the duties of the local Workforce Development Board );.> Negotiate and reach agreement on local performance measures );.> Assist the Governor with the development of the statewide employment statistics system under Wagner Peyser );.> Coordinate workforce investment activities with economic development strategies and develop employer linkages );.> Promote private sector involvement ,~ Appoint a Youth Council in cooperation with the Cape Fear Workforce Development ,. Consortium Board Cape Fear Workforce Development Board Chairman Jose Vergara, President & CEO Seaside Software Post Office Box 2102 Wilmington, NC 28402 Telephone: (910) 362-9138 * Fax: (910) 791-0867 E-mail :jose@seasidesoft.com The Cape Fear Council of Governments (CFCOG), by agreement of the Cape Fear Workforce Development Consortium Board and the Cape Fear Workforce Development Board, is the grant recipient and the administrative entity for the Cape Fear Workforce Development Consortium (CFWDC). The Cape Fear Council of Governments' Workforce Development staff serves as staff to the Cape Fear Workforce Development Consortium Board, the Cape Fear Workforce Development Board, and the Cape Fear Workforce Development Board Youth Council. Staff coordinates planning of workforce development programs and activities; negotiates contracts with Cape Fear COllncil ofGovemments -2- cape fea4, /\ / Revised 10/2005 WofkfM.:e Oewlopn1ttrt Consortium 1---/:' 5IKu'~~ Tfln~}gll Altlnwshit, !~;~,~~~;:: '""'- 116 service providers; receives funds on behalf of the Consortium and the Workforce Development Board; and monitor's program progress. CFCOG Workforce Development staff handles the day-to- day operations of the Cape Fear Local Area. The Cape Fear Workforce Development Board Youth Council is responsible for handling youth related issues and concerns, recommending providers of youth services and activities to the Workforce Development Board, coordinating and overseeing youth activities, and other responsibilities as assigned by the Workforce Development Board. Youth Council membership includes Cape Fear Workforce Development Board members, representatives of youth services agencies including juvenile justice and law enforcement, parents of eligible youth, housing authority representative, former participants, Job Corp representatives, youth ages 16 to 19 and other appropriate individuals. Cape Fear Workforce Development Board Youth Council Chairperson David McCune, Jr. McCune Technology/Coastal Metals Gallery 604 Church Street Wilmington, NC 28401 Telephone: (910) 297-6034 Fax: (910) 575-4093 E-mail: axcilla2@yahoo.com Cape Fear Operators' Council Organized by Cape Fear WDC workforce development contractors in 1991, the purpose of the council is: .,. To afford an opportunity for workforce development service providers to solve program problems through interaction and an information sharing network .,. To provide better coordination efforts within the employment and training community .,. To promote communication between workforce development service providers, the Cape Council of Governments and the Workforce Development Board .,. To organize and provide up-to-date training sessions for WIA operators .,. To take on special initiatives at the request of the Workforce Development Board, and To sponsor an annual participant awards reception to recognize the outstanding achievements of WIA participants within the Cape fear region. Membership on the Operators' Council is open to any human service agency in the Cape Fear Local Area. Cape Fear Operators' Council President Maxine Hazel-Lennon Columbus County JobLink Career Center Southeastern Community College 4564 Chadbourn Highway Whiteville, NC 28472 E-mail: mlennon@scc.edu (910) 642-7141 ext. 261 * Fax: (910) 642-5658 Cape Fear Council of Governments -3- cape fea4i\ " Revised 10/2005 """hfumo"""""","on'""",""",,m l<,Y.t-/ 5w:[€'~!,' Tt.r()<)gll ror/m'rshit, <_,'?:,:~:~.'" ::;i;:,:,:;~'~' 117 JobLink Career Centers JobLink Career Centers provide employment, education, and training services under a single "One-Stop" delivery system. JobLink Career Centers are designed to provide individuals with the resources and assistance needed to make good decisions about their career training and employment needs. The four key principles for all JobLink Career Centers are: --Universality --Customer choice --Integration of services, and --Outcome based measures The advantages of the JobLink Career Centers are... a single place to address employment and training needs... local workforce development professionals from various partner agencies working together to provide the best possible service... a more convenient, efficient, and effective way for all North Carolinians to look for a new or better job... and a place where customers are the first priority. JobLink Career Centers offer comprehensive training and employment services to the community. To the employer, the JobLink Career Center offers the opportunity to recruit qualified workers at one location. Employer benefits include recruitment assistance, team approach to filling job orders, a clearinghouse for training information including apprenticeship programs, customized training, upgrade training, and workplace literacy, tax credit information and hiring incentives, unemployment insurance information, labor market information services, and rapid response information in cases of plant layoffs or plant closures. The JobLink Career Center provides job seekers a single place to address their employment and training needs. Job seekers services include assessment, career information/development, job search training, resume preparation, interview preparation, job application assistance, job placement services for persons with disabilities, support services, information and referrals, school- to-work connections, unemployment insurance information, financial eligibility/sponsorship determination, labor market information, and occupational/literacy training. Services are provided through a wide range of service options from self-service to full-service. The JobLink Career Centers are also responsible for coordinating visits to business and industry that have announced plant closures or significant personnel layoffs. In cooperation with the local office of the Employment Security Commission and other JobLink partners, JobLink Career Center staff organizes a Rapid Response visit to inform plant management of the various opportunities for displaced workers. The Rapid Response visit also provides an opportunity for agency personnel to schedule with plant management convenient times to return to talk with affected workers about the program opportunities available. There are four JobLink Career Centers in the Cape Fear Local Area: Brunswick County JobLink Career Center Employment Security Commission/JobLink 5300-7 Main Street Shallotte, NC 28470 Telephone: (910) 754-5627 * Fax: (910) 755-6477 Cape Fear Council ofCovernments - 4- capefea~,r\ / Revised /0/2005 Workfurce~i COMordum l;~'~~'f Slla('~': TllrO'lgJ~ Parrnt~fslllJl ':. _.'~~_~_~~=~_> !1i;"",~ 118 JobLink Contact: Mr. Eli Smith, Manager E-mail: eli.smith@ncmail.net Columbus County JobLink Career Center Southeastern Community College 4564 Chadbourn Highway Whiteville, NC 28472 Telephone: (910) 642-7141 * Fax: (910) 642-5658 JobLink Contact: Ms. Teresa Triplett, Associate Dean of Continuing Education E-mail: ttriplett@sccnc.edu New Hanover County JobLink Career Center Employment Security Commission/JobLink 717 Market Street Wilmington, NC 28401 Telephone: (910) 251-5777 * Fax: (910) 251-5795 JobLink Contact: Walker Biggs, Manager E-mail: walker.biqqs@ncmail.net Pender County JobLink Career Center Employment Security Commission/JobLink 105 Courthouse Ave. Burgaw, NC 28425 Telephone: (910) 259-0240 * Fax: (910) 259-0242 JobLink Contact: Ms. Rosemary Pittman, Manager E-mail: rosemarV.pittman@ncmail.net Incumbent Workforce Program The Incumbent Workforce Program is designed to help businesses train their employees in new and/or enhanced occupational and educational skills. The training has afforded businesses the opportunity to remain competitive and in some instances to avoid major layoffs and/or closures. Incumbent Workforce grants may not exceed $37,500 with a lifetime maximum of $50,000 per business. A grant is first approved locally by the Workforce Development Board and then at the state level. During Program Year 2004-2005 four Cape Fear Local Area businesses received Incumbent Workforce grants-Cardinal Metal Works, Wieland Electric, Oracle Packaging of NCC and Graham's Construction. Vision East The Vision East Strategic Planning Retreat combined the efforts of the Cape Fear, Eastern Carolina, Lumber River and Region L Workforce Developments Boards. The Vision East Retreat held during April at Sunset Beach, NC was facilitated by John Metcalf of the Corporation for a Skilled Workforce. There were over forty Board members and staff in attendance from the four workforce development boards. Through the combined Vision East Retreat, the WDBs agreed that Cape Fear Council of Government.' - 5- cape fea~ 1\ / Revised 10/2005 Wmkfoon_"""""""'m f,VI I ;";'.->' )!KU'1'!; TtlfWgh Pn~lrwf~hi/' J.__.-~<><<_~ ;1:;;",;;;-;;;. 119 they share commonalities in regards to the needs, goals and issues faced by the region's workforce. With in mind, Vision East developed a unified mission, vision and key strategies. Vision Our vision for the eastern counties of North Carolina is a highly skilled workforce with an educational attainment level that meets the needs of the 21 sl Century workplace so that local firms can compete in a technologically advanced global economy. Mission Our mission is to ensure that our workforce development system is customer focused, demand- driven and accountable in preparing our current and future workforce to meet the changing needs of a highly-competitive global economy. Value Added We add economic value to our communities by ensuring that quality education, job training and employment opportunities are available for job/training seekers and employers alike, thereby improving the quality of life for our citizens throughout Eastern North Carolina. Key Strategies ./ Engage business and community leaders in addressing workforce issues and promote strategies to improve education levels and basic workplace skills. ./ Strengthen alliances with economic development to identify and address the workforce needs of current and future industries. ./ Implement a community awareness plan that promotes the WDB, JobLink Career Centers and partner services. ./ Identify and implement effective employment and training strategies that result in employment opportunities for all citizens. Cape Fear fI1 -l ~ c: VISION EAST ~ 0 OJ "\i) n lJ cL .. Q... 'Or .. Lumber R.iver Cape Fear Council of Governments -6- cape fea14"X. , Revised 10/2005 Workfon;e~llNlt~~ r,:'4..._~;7 5m:n,ss Tflmogi) F'r.)I'/ners!lip I "'~-"~;~:~;~~ ! ~~~~:-~ 120 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/05/06 Additional Item #: 2 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Amendment of Contract with Sea Filly, LLC for Use of Well Site BRIEF SUMMARY: The original contract with Mr. Allie Moore of Coastal Plains Utilities for the purchase of the Brookfield-Brierwood drinking water system included a lot and well at 214 Elliot Drive, with the lot and well to revert back to Mr. Moore when the District no longer needed them. It was understood by Mr. Moore that the reversion would have taken place at this point in time, with development of the County's drinking water treatment plant and wellfield. The attached exhibit outlines a rationale prepared by Mr. Moore, to compensate Mr. Moore for continued use of the lot and well by the District at a cost of approximately $2,000 per month. Mr. Moore has agreed verbally to this amount. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners could consider compensating Mr. Moore $2,000 per month for the use of the lot and well, beginning June 1, 2006, with the County being able to terminate the agreement with 30 days notice. The County Commissioners could direct staff to prepare an appropriate agreement subject to review and approval by the County Manager and Attorney. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. A2-1.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Davis opposing. 121 ~ Sea Filly, LLC PO Box 3684 Wilmington, NC 28406 .- EXHIBIT 1: Establishes the detennination of rents payable to Lessor by Lessee. 27 July 2005 Pumping and Financial Information on Brooldield Pumping Station In, Loaated at 214 Elliot Dr., WilDlington, NC 28405. Current Production and Revenues Received by New Hanover County: . Pumping Rate by New Hanover County: 275 gpm at $1.70/1000 gallons For which the county receives: S20,476.50/month; $245,718.00/year Compensation to Sea Filly, LLC by New Hanover County for water pumped from Brookfield Pumping Station #2, start date: September 1, 2005. . At present pumping rate of 275 gpm, 24 hrs./day, 7 days/wk., a fee of SO. 15/1 000 gallons will be assessed. . (Monthly: $1,806.75, Yearly: $21,681.00) Compensation to Sea Filly, LLC by New Hanover County for water pumped from Brookfield Pumping Station #2, upon lease renewal: . Increase annual payments by 4.00% annually. . ($21,681.00 x 1.12%'" $24,282.72 annually, or $2,023.56 monthly). If there ate any questions, please contact G. Allie Moore in writing at the above address. Thank you. rl~~F La 'd 190L 86L 016 I 'ON Xll.:l 8NIH33NI8N3 OHN Wll 22:01 NOW 9002-S0-NOr --~-,- ......"~~-----~---"-,----- ----~----".__._.- --.- 122