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Home My WebLink AboutAMEND2 2005-06 CORE LUP CERT5MAR2018CERTIFIED MAILTMHECEIPT (Domestic Mail nce Coverage provided) Pic Mail Only; No Insurance uovi-rage Provided) ru m �, 1AL US USE rrl Postage $ Pdetege $ M1 O Certified Fee fertified Fee Coastal Management O Return Receipt Fee Postmark Receipt Fee Postmark ENWHONMEWAL GUALnY tQ (Endorsement Requiretl) Here int Required) Here Restricted Delivery Fee (Endorsement Required) slivery Fee C3 �t Ragwretl) m I -- w Total P, Mayor Horace C. Reid, Jr. a 3andon Shoaf, Town Manager C3 erPoec 114 West Grubb Street seta own of Hertford o streofA, 114 West Grubb Street P.O. Box 32 r` airy, smi P.O. Box 32 Hertford, NC 27944 Mayor Hol Hertford, NC 27944 Town of 11,,, "' ' r r: 114 West Grubb Street P. O. Box 32 Hertford, NC 27944 Brandon Shoaf Town Manager 114 West Grubb Street P. O. Box 32 Hertford, NC 27944 CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: manager@townofhertfordnc.com Re: Certification of Second Amendment to the Perquimans County / Town of Hertford / Town of Winfall 2015 CAMA Land Use Plan Update Dear Mayor Reid and Mr. Shoaf- Please find enclosed the written Final Agency Decision granting the Town of Hertford's request for certification of a second amendment to the Perquimans County / Town of Hertford / Town of Winfall 2015 CAMA Land Use Plan Update. Let me know if you have any questions. Very truly yours, Braxton C. Davis, Director NC Division of Coastal Management cc via email: M. Renee Cahoon, Chair Mary L. Lucasse, Commission Counsel Fred Yates, Mayor, Town of Winfall Rhonda Money, Perquimans County Planner Charlan Owens, AICP, Elizabeth City District Planner >-Nothing Compares --.- State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 dTATE OF NORTH CAROLINA COUNTY OF PERQUIMANS IN THE MATTER OF THE TOWN OF HERTFORD'S REQUEST FOR CERTIFICATION OF THE SECOND AMENDMENT TO THE 2015 JOINT LAND USE PLAN UPDATE COASTAL RESOURCES COMMISSION DIVISION OF COASTAL MANAGEMENT FACTS FINAL AGENCY DECISION 1. Perquimans County (hereinafter the "County") is located in northeastern North Carolina and is bounded by Gates County to the north, Pasquotank County and the Little River to the east, Albemarle Sound and Yeopim River to the south and Chowan County to the west. Perquimans River is located in the center of the County, The Town of Hertford ("hereinafter referred to as "Hertford") is the County's largest town, and is located on the west side of the Perquimans River. Winfall is the County's other incorporated town and is located directly across from Hertford on the east side of the Perquimans River. 2. On March 14, 2016, the North Carolina Coastal Resources Commission ("Commission") issued a final agency decision in response to a joint request by Perquimans County, Hertford, and Winfall for certification of the 2015 Joint Update to the existing land use plan ("2015 Joint LUP Update"). This document is also referred to as the CAMA Core LUP 2005-2006 Update. The Commission granted certification of the 2015 Joint LUP Update subject, to the condition that the County and Towns of Hertford and Winfall apply requirements of the 2015 Joint LUP Update in a manner consistent with the recent state law adopted regarding riparian buffers. See. e.g., N. C. Gen. Stat. § 143-214.23A(b). 3. On April 26, 2017, the Commission issued a final agency decision granting the County's request for certification of a policy text amendment to exclude the County from the shoreline setback applied in waterfront subdivisions as indicated in Policy WQ No. 2 on Page IX-4 of the 2015 Joint LUP Update. Under this amendment to the 2015 Joint LUP Update the setback did not change for Hertford and Winfall. Since the 2015 Joint LUP Update was initially adopted by each local government, the County and Towns retain sole and independent authority to amend the LUP as it relates to their jurisdictions. Given that this amendment only impacted the County, only public hearings and local adoption actions by the County were required for the first amendment. 4. Hertford is requesting certification of an amendment to the 2015 Joint LUP Update. This is the second amendment to that update. Hertford is seeking certification of a policy text amendment to exclude the Town from the shoreline setback applied in waterfront subdivisions as indicated in the 2015 Joint LUP Update. Specifically, Policy WQ No. 2 on Page IX 14 of the 2015 Joint LUP Update is to be amended as follows (the strikethrough text indicates the proposed change): Perquimans County, Hertford and Winfall shall require, as appropriate, subdivision development to control and treat the storm water runoff generated by a 1.5-inch rain event; and that ller&rd an Winfall shall require all buildings or related structures within waterfront subdivisions tote set back 50 feet from the shoreline. Hertford intends to rely on the State's coastal development rules for the waterfront setback standard. 5. The Hertford Town Council held a duly advertised public hearing to consider the proposed second amendment to the 2015 Joint LUP Updated and voted, by resolution, to adopt the second amendment on October 9, 2017. Given that this amendment only impacted Hertford, only public hearings and local adoption actions by Hertford were required for the second amendment. 6. The public had an opportunity to provide written comments on the second amendment up to thirty (30) calendar days after local adoption. No comments were received. CONCLUSIONS OF LAW 1. The second amendment to the 2015 Joint LUP Update has met the substantive requirements outlined within the Land Use Planning Requirements effective February 1, 2016. 2 2. There are no conflicts evident in the second amendment to the 2015 Joint LUP Update with either state or federal law or the State's Coastal Management Program. 3. The elected body of The Town of Hertford made a final decision on the contents of the second amendment to the 2015 Joint LUP Update and provided opportunity for the public to provide written comment following local adoption of the plan, as required by N.C.G.S. § 113A-110 and 15A NCAC 7B .0802 and .0803, and the second amendment was submitted to the NC Division of Coastal Management without written objection or comment from the public. 4. During its regularly scheduled meeting on November 7-8, 2017, the North Carolina Coastal Resources Commission delegated to the Director of the North Carolina Division of Coastal Management, Department of Environmental Quality, its authority to approve Land Use Plans pursuant to N.C.G.S. § 1 13A-1 10(f). The conditions under which the delegation was made are included in the November 20, 2017 letter to Braxton Davis, Director from Commission Chair Renee Cahoon. Pursuant to that delegation, the undersigned makes the following decision. DECISION , For the reasons stated herein, the request for certification of the second amendment to the 2015 Joint Land Use Plan Update is GRANTED. This the a' day of AWCW 2018. Braxton C. Davis, Executive Director N.C. Division of Coastal Management 3 d CERTIFICATE OF SERVICE This is to certify that I have served a copy of the attached Final Agency De& Town of Hertford and the North Carolina Coastal Resources Commission by the meal below: Mayor Horace C. Reid, Jr. Town of Hertford 114 West Grubb Street P. O. Box 32 Hertford. NC 27944 Method of Service CERTIFIED MAIL RETURN RECEIPT REQUESTED Brandon Shoaf CERTIFIED MAIL RETURN RECEIPT Town Manager REQUESTED It 4 West Grubb Street P. O. Box 32 and Electronically; Hertford, NC 27944 ' manager@townofhertfordnc.com' M. Renee Cahoon, Chair Electronically: Renee.Cahoon@ncdem•.eov Coastal Resources Commission Mary L. Lucasse Commission Counsel NC Coastal Resources Commission PO Box 629 Raleigh, NC 27602 Mayor Fred Yates Town of Winfall Electronically: mlucasse@ncdoi.Qov Electronically: fred@intelioort.com Rhonda Money Electronically: Perquimans County Planner rhondamoney@aerquimanscountyna.gov This is the `h day of 2018. /1 Angela Wit lis Secretary to the Director 4 U ✓,i /4 K 4 Z� ✓C .- ��'C.�. C[ Vyv�. av c✓ L u !' CGl9�tH.f"E`"Yj' O r 6 c c_ ,asRN Mona yemenz ta�+q � �vi�OHneeTn�woaurr MEMORANDUM TO: Mike Lopazanski, Policy and Planning Section Chief FROM: Charlan Owens, AICP, DCM Elizabeth City District Planner ROY COOPER Governor MICHAEL S. REGAN Secretary, BRAXTON C. DAVIS Direc!nr' SUBJECT: Certification of an Amendment (Amendment 2) to the Perquimans County / Town of Hertford / Town of Winfall CAMA Land Use Plan DATE: February 21, 2018 Recommendation Certification of an Amendment to the Perquimans County/Town of Hertford /Town of Winfall CAMA Land Use Plan ("2015 Joint Land Use Plan Update") based on the determination that the Town of Hertford has met the substantive requirements outlined in the 15 NCAC 7B Land Use Plan Guidelines and that there are no conflicts evident with either state or federal law or the State's Coastal Management Program. Overview The Town of Hertford is seeking certification of a policy text amendment to exclude the Town from the shoreline setback within waterfront subdivisions indicated in the joint land use plan (LUP). Policy WQ #2 on Page IX-14 is to be amended as follows (text strikethreugh to be deleted): "Perquimans County, Hertford, and Winfall shall require, as appropriate, subdivision development to control and treat the storm water runoff generated by a 1.5-inch rain event; and that Hertford and Winfall shall require all buildings or related structures within waterfront subdivisions to be set back 50 feet from the shoreline." The Town of Hertford will rely on the State's coastal development rules for the waterfront setback standard. The Town Council of Hertford held a duly advertised public hearing on the amendment at their October 9, 2017 regular meeting and it was adopted. The public was provided the opportunity to submit written comments on the LUP amendment up to 30 days after the local adoption (November 8, 2017). No written comments or objections were received. The CRC certified an amendment to the plan (Amendment 1) at the request of Perquimans County on April 26, 2017 to remove it from the same setback requirement. Since the joint LUP was initially adopted by each local government, they retain their sole and independent authority to amend the LUP as it relates to their jurisdiction. The adopted LUP with incorporated amendments to the cover page and Page IX-4 is available on the internal network: T: POLICY AND PLANNING SECTION/PLANNING/Charlan/Land Use Plans/ ECity/ Perqu imansHertf W inf_ADO PT_LU PAm end2_100917 Nothing Compares State of North Carolina ! Envlre;nmental Quality i Coastal Manngemrait F..tla ahech Uty C?fhre 40t Soutlt Ur4Nin ,tYeeLSu c�"?VU F1lzabeth City. Nath Cwraiina 179Q9 ?52 7643401