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10041999 ~ 6'34 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 4, 1999 The Harnett County Board of Commissioners met in regular session on Monday, October 4, 1999, in the County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Dan B. Andrew, Chairman . Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Andrews called the meeting to order at 9:00 a.m. and Commissioner Titchener led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with additions to the consent agenda as listed below. Commissioner Titchener seconded the motion and it passed unanimously. - Resolution to name agent to provide certain applicant assurances to comply with FEMA regulations. - Approve offer of gift to Sheriff's Department Upon motion by Commissioner Bowden and seconded by Commissioner Byrd, the . Board unanimously approved the following items on the consent agenda: 1. Budget Amendments: 77 Emenzencv Services (Fund 10-General) Code New Hurricane Floyd 20,000. increase 110-0000-399.00-00 Fund Balance 20,000. increase 78 Health (Fund 10-General) Code 110-7600-441.11-00 Salaries & Wages-part-time 6,094. decrease 1.10-7600-441.12-00 Salaries & Wages-p.t. 6,094. increase 110-7600-441.58-01 Training/Meetings 282. increase 110-7600-441.55-12 Printing & Binding 200. increase 110-7600-441.43-16 Maint. & Repair-equip. 855. increase 110-7600-441.54-26 Advertising 1,000. increase 110-7600-441.32-26 Incentives 100. increase 110-7600-441.60-33 Materials & Supplies 498. increase 110-7600-441.60-36 Uniforms 450. increase New Drugs 1,919. increase 110-7600-441.60-46 Medical Supplies 250. increase 110-7600-441.60-53 Dues & Subscriptions 275. increase . 110-7600-441.74-74 Capital Outlay-Equipment 2,923. increase New Summer Food Program 282. increase 110-0000-331.76-01 WIC Program-100% Federal 5,301. increase 110-0000-332.76.03 Child Health 1,919. increase 110-0000-353.02-00 Donations-Health 1,250. increase TAX RELEASES 2. Tax Releases and Refunds (Attachment 1) HOME EXT. WEEK 3. Proclamation regarding Home Extension Week (Attachment 2) ADD ROADS TO DOT 4. Resolution regarding the addition of roads to the State System (Attachment 3) 635 WAIVE SOLID WASTES. Authorization to waive solid waste fees as requested by the Board of Education FEES FOR ERWIN SCH. for fees generated by the demolition of a building on the Erwin School Campus ($48,204.90) " Authorization for the Health Department and Library to apply for grants - The GRANT APPLICATIONS. . . . Library would not require a cash match while the Health Grant reqUlres a $5,000.00 match or an in-kind contribution. At"t'>&vval for the Health Department to apply for the grant is with the stipulation that existing monies be used for the match. . FIR[ PREVENTI~ Proclamation regarding Fire Prevention Week (Attachment 4) FEMA-FLOYD 8. Resolution to designate applicant's agent to provide certain assurances to comply with regulations regarding requests for financial assistance from the Federal Emergency Management Agency (FEMA) - Hurricane Floyd (Attachment 5) SHERIFF'S DEPT. 9. Authorization for the Sheriff's D.......:ulaa.,ent to accept a gift of a Speed Monitor SPEED :MONITOR Trailer from the Governor's Highway Safety Program. The trailer's worth is TRAILfR GIFT approximately $7,000. 00 and is to be used by the County and the municipalities within the County. The County will be responsible for the registration and insurance. It will be stored at the Sheriff's Dep.:ul..uent and loaned out to other departments as needed. Informal comments were provided by the following citizens: INFORMAL COMMENTS 1. Leola McNeil, promoted Home Extension Week 2. Golda Bailey, County Council President, stated that she would like for the Cooperative Extension Department to have a new building. Jennifer Walker, Director, Cooperative Extension, introduced the new horticulture agent, Gary Pierce who spoke briefly about his plans for Harnett County. . APPTS Commissioner Hill moved to appoint Myrna Morgan to the Adult Care Home Community Advisory Committee. Commissioner Byrd seconded the motion and it passed unanimously. PUB Ie EARING Chairman Andrews called to order a public hearing on Townhome and Condominium TO~HOM~ & CONDO Regulations Amendments to the Harnett County Zoning Ordinance. George Jackson, REGULATIONS Director, Planning & Inspections, presented the proposed ordinance amendments and stated that the purpose of the public hearing is to obtain comments from the public regarding the proposed amendments. Chairman Andrews opened the meeting for public comments. No comments were offered and Chairman Andrews closed the public hearing. Mr. Jackson presented the Zoning Ordinance Amendments for consideration by the Board. The Planning Board recommended approval. Commissioner Hill moved to adopt the Townhome and Condominium Regulations Amendments to the Harnett County Zoning Ordinance as presented. Commissioner Bowden seconded the motion and it passed unanimously. (copied into Ordinance Book 2) Chairman Andrews called to order a public hearing on Townhome and Condominium Regulations of the Unzoned Section of Harnett County, North Carolina. George Jackson, Director, Planning & Inspections, presented the proposed regulations and stated that the purpose of the public hearing is to obtain comments from the public . regarding the proposed regulations. Chairman Andrews opened the meeting for public comments. K.:u.:..u Clayton, citizen, asked about notification of adjoining landowners. There being no further comments, Chairman Andrews closed the public hearing. Mr. Jackson presented the regulations for consideration by the Board. The Planning Board recommended at'..."",val. Commissioner Bowden moved for adoption of the Townhome and Condominium Regulations for the Unzoned Section of Harnett County, North Carolina. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 6) Wm. A. (Tony) Wilder, Assistant County Manager, reported on cleaning service CLEANING SERVICE proposals for the Health and Social Services facility. No action was taken by the PROPOSALS Board. __u, Q36 UPDATE ON Neil Emory, County Manager, updated the Board on the start-up of the Volunteer VOLUNTEER CENT. Center. Nancy Clifton, RSVP Director, gave an overview ofthe program, how it was developed, and how the program will work. Commissioner Titchener moved to proceed with the start-up of the Volunteer Center. Commissioner Bowden seconded the motion and it passed unanimously. Departmental reports were filed with the Board from the Health Department, Department of Social Services, Veteran's Affairs, Barred 1989 Taxes (Attachment 7), and Intra-Departmental Budget Amendments (Attachment 8). OVERVIEW OF Charles Barefoot, Emergency Medical Service Director, provided an overview of the . NEW EMS PROG. new EMS program and noted that the new program will begin 7:00 a.m., Thursday, October 7. One of Harnett County's Quick Response Vehicles (QRV) was on display recently at the State EMS meeting in Greensboro. Commissioner Hill moved that the Board go into closed session for the following CLOSED SESSION purpose: (1) to consider and discuss a personnel matter (2) to instruct the County staff concerning the position to be taken by the County in negotiating the material terms of a proposed contract for the acquisition of real property. This motion is made pursuantto N.C. General Statute section 143-318.11(a)(6) and N.C. General Statute section 143-318.11(a)(5). Commissioner Titchener seconded the motion and it passed unanimously. Commissioner Byrd moved for the Board to come out of closed session. Commissioner Hill seconded the motion and it passed unanimously. Commissioner Bowden made a motion for the County to enter into an agreement with . A.C. Partners Anderson Creek Partners Limited Partnership to provide water and sewer service to Anderson Creek Golf Community in exchange for conveyance of land to the County for industrial development. Commissioner Byrd seconded lhe motion and it passed unanimously. RUSHING CONST. Commissioner Titchener moved to authorize County Manager Neil Emory to sign SEWER LINE TO documents on the Board's behalf relating to Rushing Construction and installation of TITAN ON 401 sewer line to serve Titan on Hwy. 401. Commissioner Hill seconded the motion and it passed unanimously. There being no further business, Commissioner Bowden moved for adjournment. ADJOURNMENT Commissioner Byrd seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, October 4, 1999, duly adjourned at 11:10 a.m. A9~ 15. aL Dan B. Andrews, Chairman ~cr;r~' 6JC4J'kuf . Kay S. Blanchard, Clerk to the Board I -------- --- - -- - ~~-~..,... - 637 Attachment 1. t,l:"r.:l.,t'd ,'\' thn II:>r\'ld\ (;.. . .' " .::: '" C',HlHlli:,:;.\oner8 .Q&1 4:. 1999 - ' MONTHLY REFUND REPORT DotQ . J . .K~ J. AJUJ'J.AAA 1 21l.&p-99 BILL NUMBIR NAMI BASON AMOUNT YEAR MONTH TOWN 1999965"0 AMERICAN TACTICAL M... . ...~. VEHICLE SCID, COUNTYWIDE. 37,158 X.68" 252.67 1999 09/992 SYSTEMS LICENSE nJRNED IN BUIES CREEK FIRE - 37,158 X .10" . P,O, BOX 1120 37.15 BumS CREEK, NC 27S06 TOTAL - 289.82 1999501669 BISHOP. REBECCA L Mv n..... VEHICLE APPEAL COUNTYWIDE. 3100 X .68" 21.08 1999 09/99 2 14 scorr CREEK RUN BLACK RIVER FIRE -3100 X .07" 2.17 ANGIER, NC 27501 BLACK RIVER RESCUE - 3100 X .05 .. U5 TOTAL - 24.80 1998693718 E-Z AUTO, INC MU1'-'" VEHICLE 5<10, COUNTYWIDE - 1,420 X .68 .. 9.65 1998 09/99 2 P.O. BOX 35673 LICENSE nJRNED IN AND CRK FIRE. 1,420 X .12 .. 1.70 FA\cllcVJLLE, NC TOTAL - 11.35 28303-0673 9718747 HERRING, JR BOAT TRAILER DOUBLE COUNTYWIDE - 730 X .68 .. 4.97 1997 09199 2 WOODROW AND LISTED Wlnt DMV A VERAS FIRE. 730 X .04 .. .30 SANDRA A VERAS RESCUE - 730 X .045 .. .33 5670 RED HILL CHURCH A VERAS SCHOOL - 730 X .02 .. .15 ROAD TOTAL - 5,15 COATS, NC 27m 9618121 HERRING, JR BOAT TRAILER DOUBLE COUNTYWIDE. 730 X .70 .. HI 1996 09/99 2 WOODROW AND L1:ucu Wlnt DMV A VERAS FIRE - 730 X .04 .. .30 SANDRA A VERAS RESCUE. 730 X .045 .. .33 5670 RED HILL CHUROf A VERAS SCHOOL - 730 X .02 .. .I 5 ROAD TOTAL. 5.89 COATS, NC 27521 9517251 HERRING, JR BOAT TRAILER DOUBLE COUNTYWIDE - 730 X .70 .. 5.11 1995 09/99 2 WOODROW AND LISTED WITH DMV A VERAS FIRE - 730 X .04 .. .30 SANDRA A VERAS RESCUE - 730 X .045 .. .33 5670 RED HILL CHURCH A VERAS SCHOOL. 730 X .02 .. .15 ROAD TarAL - 5,89 . COATS, NC 21521 9819629 HERRING, JR BOAT TRAILER DOUBLE COUNTYWIDE. 730 X .68 .. 4.97 1998 09/99 2 WOODROW AND Lb I r.u WInt DMV A VERAS FIRE - 730 X .04 .. .30 SANDRA AVERAS RESCUE - 730 X .05" .37 5670 RED HILL CHURCH A VERAS SCHOOL. 730 X .02 .. ,IS ROAD TOTAL. 5,79 COATS, NC 27521 1999967008 LOCKE, ANGELA AND Mvl'-'" VEHICLE SCID, COUNTYWIDE - 7,006 X .68 .. 47.64 1999 09/99 2 DUNN GEORGE LICENSE nJRNED IN TOWN OF DUNN . 7,006 X .46 .. 32.22 1600 BRUNSWICK A VERASBORO RESCUE. 7,006 X .05 .. DRIVE 3,50 DUNN,NC 28334 A VERASBORO SCHOOL. 7,006 X .02 .. 1.40 TOTAL - 84.76 1999966191 MASON, HEAntER I: MOTOR VEHICLE SCID, COUNTYWIDE - 3,947 X ,68 .. 26.83 1999 09/99 2 MITCHELL LICENSE TURNED IN AND CRK FIRE - 3947 X .12" 4,73 1673 VI.... u'" STREET TOTAL - 3U6 BUILDING 804, UNIT 54 AURORA, CO 80045 1998681769 MCFADDEN, GARY I: PERSONAL VALUE COUNTYWIDE. 2500 X .68" 17.00 1998 09199 2 KAREN CORRECTION SUMMERVILLE FIRE - 2SOO X .07" 1.75 ROlTJ'E 4, BOX 774 TOTAL - 18.15 L1LLlt.u.Vl~, NC 27546 1996080~5 MIMMS, MARY DOUBLE LISTED COUNTYWIDE - 7,660 X .70" 53.62 1996 09/992 MARGARET BOONE TRAIL EME - 7,660 X .10 .. 7.66 424 MIMS ROAD PENALTY - 12.25 BROADWAY, NC 27505- TarAL -73.53 . 0623 97030228 MIMMS, MARY DOUBLE LISTED COUNTYWIDE. 7,740 X .68" 52.63 1997 09/99 2 MARGARET BOONE TRAIL EME - 7,740 X .085 .. 6.57 424 MIMS ROAD PENALTY -4,70 BROADWAY, NC 27505- TarAL -63.90 0623 98031628 MIMMS, MARY DOUBLE LISTED COUNTYWIDE. 7,585 X .68" Sl.57 1998 09/992 MARGARET BOONE TRAIL EME . 7,585 X .OS5 .. 6.45 424 MIMS ROAD TarAL - 58.02 BROADWAY, NC 27505- 0623 1997029923 PERRY, JR A WILBER PROPERTY IN AN01lIER COUNTYWIDE - 21,930 X .68= 149.12 1997 09/99 2 1710 BRICK MILL ROAD NAME COATS. NC 21521 -~-~- 638. BICL NUMBER NAMI: REASON AMOUNT YlAR MONTH TOWN 97029923 PERRY,JRA. WILBER PROPERlY IN METCAlFS COUNTYWIDE - 21,930 X .68" 149.12 1997 09/992 1710 BRICK MILL ROAD NAME DUE TO TITLE GROVE FIRE - 21,930 X.08 = 17.54 COATS, NC 27521 WORK GROVE RESCUE - 21,930 X.06 = 13.16 TarAL - 179.82 1998955895 SLAGLE, STEVEN MILITARY EXEMPTION COUNTYWIDE - 7,940 X .68 = 54.00 1998 09/99 2 AN11fONY BENHA VEN FIRE - 7,940 X .07 = 5.56 167 MORGANTON BENHA VEN RESCUE -7,940 X .025 = COURT 1.99 CAMERON, NC 28326 TarAL - 61.55 . 1999505492 UPCHURCH, ROBIN MOTOR VEHICLE APPEAL COUNTYWIDE - 800 X .68 = 5.44 1999 09/99 2 LYNN TOWN OF DUNN - 800 X .46 = 3.68 109 BASIN STREET A VERASBORO FIRE - 800 X .46 .. 3.68 DUNN, NC 28334 A VERASBORO SCHOOL - 800 X .02 .. .16 TarAL - 9.68 Attachment 2. BARNETI' COUNTY NORTH CAROLINA NATIONAL EAu!.NSION HO~.KS WEEK IN BARNETI' COUNTY 1999 A PROCLAMATION . "D.I!.AEAS, Harnett County is indebted to members of the Harnett County Extension Association Inc., whose outstanding contributions to the development of homes and familles have added Immeasurably to our county's strength and vitality and whose sIdIIs and leadership continue to expand its greatness; and "1U!.ldd\S, Each year, approYimately 120 Extension Homemakers in Harnett County sponsor several community service projects and educational programs. Representing a wide variety of projects, these volunteers work to improve citizenship, cultural arts, literacy, family life, nutrition, environment, housing and nutrition and health. "1U!.ldd\S, Because of these many partnerships, and through the dedication of its many members, the National Extension Homemakers have become the largest adult education volunteer orpnf~tion in our state and nation. NOW, ..lU!.AEFORE, We, the Board of Commissioners of the county of Harnett do hereby proclaim the week of October third through the ninth, Nineteen hundred and ninety-nine as ''NATIONAL J!.Au!A~SION HOMEMAA...!.AS WEEK IN HARNE'IT COUNTY," and urge our citizens to recognize and commend our county's Extension Homemakers for their contributions to our communities. Duly adopted this 4th Day of October, Nineteen Hundred and Ninety-nine HARNE'IT COUNTY BOARD OF COMMISSIONERS . ~a- /PL DAN ANDREWS, CHAIRMAN A.l u!..~.: f:v1 LJjtLKLJuv,d Kay . Blanchard, Clerk - - _._--.~ ~~_..__._--- ~~ n ~ 639 Attachment 3. RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners . does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed streets. Regalwood Subdivision Shennan Road Bas. Hound Circle Adopted this 4lh day of October, 1999. HARNETT COUNTY BOARD OF COMMISSIONERS .&~ ,1- dL..._ Dan B. Andrews, Chairman ATTEST: ~~LJ11~ 's. Blanchard Clerk to the Board . RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Sunset Ridge Subdivision Green Spring Drive Adopted this 4lh day of October, 1999. HARNETT COUNTY BOARD OF COMMISSIONERS . ~a-. A. d ~_. va Dan B. Andrews, Chairman ATTEST: J\~ ~~c:( y S. Blanchard Clerk to the Board 640 Attachment 4. BOARD OF COMMISSIONERS COUNTY MANAGER DAN B.~JL. Chai_ NED. EMoRy IB.craa B. flu., Mce-Chainnan WM. A. (TONY) WIUIEIl. A.ssuram .JomoH T. BowoIlN 1'EDoY BYRD CLERK TO TIlE BOARD WAU'T.. . "" '" JV.y S. BLANCIlARD NORTH CAROLINA . HAJU...elICOUNTY PROCLAMATION FIRE PREVENTION WEEK OCTOBER 3-9,1999 WHEREAS, Smoke and poisonous gases are the leading causes of death in fires, and can kill a person long before the flames will; and WHEREAS, Underestimating the power of fire and the time it takes to escape a home fire put people at severe risk of fU'C death and injury; and WHEREAS, Developing and practicing a home fire escape plan at least twice a year are critical to escaping a real fire safely; and WHEREAS, A complete home escape plan includes working smoke alarms, everyone in the household knowing two ways out of each room, having an outside location where everyone win meet upon exiting, and memorizing the local fire department's emergency telephone number; and WHEREAS, The 1999 Fire Prevention Week theme --"Fire Drills: The Great Escape"--- . emphasizes the extreme importance of not only having a home escape plan but physically practicing it regularly; and WHEREAS, The fire service of Harnett County is dedicated to the safety ofHfe and property from the devastating effects of fire; and WHEREAS, The members of the fire service are joined by other concerned citizens of Harnett County, as well as other emergency service providers and safety advocates, businesses. schools, service clubs and other organizations in their fire safety efforts; NOW, THEREFORE, the Harnett County Board of Commissioners, in cooperation with the n",u}',u.fit National Fire Protection Association (NFP A) do hereby proclaim the week of October 3-9,1999, as Fire Prevention Week. This week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless and destroyed more than 17,400 buildings. The Harnett County Board of Commissioners call upon the people of Harnett County to participate in fire prevention activities at home, work and school, and to execute "The Great Escape" to ensure their safety and the safety of their families in the event of a fire. Duly adopted this 4th day of October, 1999. HARNETT COUNTY BOARD OF COMMISSIONERS lJ~ ~. ~.-t.~~ . Dan B. Andrews, Chairman f;u~' ~JT~ ." -. ,/p . eatrice B. HiU; Vic~rmaU Walt titchener -- cJ'4!1.l!:1!~ ~Jt) ~ - ~y I. BynI ...~.~_ _ __.._..n - -~~- -~-~ - ~~---c--- ~- 641 Attachment 5. et !J"J-- DFSIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY Board of Commissioners OF Harnett County (Gov,ming Body) (PubUc Entity) . TIIA T Neil Emory Count v Hanalter (Nam, of Incumb,nt) (Officud Position) OR . Governor's Authorized Representative, is hereby authorized to execute for and in behalf of Harnett County , a public entity established under the laws of the State of North Carolina ,Ibis application and to file it in the .......w...:ate State office for the purpose of obtaining certain Federal financial assistance under the Disuter Relief Act (Public Law 288, 93rd Conpess) or otherwise available from the President's Disaster Relief Fund. TIlAT , a public entity established under the laws of the State of North r."rn 1 i'1" , hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 4th day of October ,19 99 Dan B. Andrews, Chairman, Harnett County Board of Commissioners (Nam, and Titl,) Commissioners Beatrice Hill. Joseph Bowden, (Name and Titl,) Teddy J. Byrd. and Walt Titchener . (Name and Titl,) CERTIFICATION I. Kay S. Blanchard , duly appointed and Clerk to the Board of (Titl, ) Harnett Co. Bd. of Commissionelito hereby certify that the above is a true and correct copy ofa resolution passed and approved by the Bd. of Comm. of Harnett County (Gov,ming Body) (Public Entity) on the 4th day of October ,1999 Date: 10/04/99 Clerk to the Board ~'~. &dAflluvt4 (Official Position) . (Signature) · Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any incumbent of the designated official position to represent it. JlcY. UR/W . .; -~ ~- 6--4'2 Attachment 6. Townllome And Condominium Regulations . Tile Unzoned Section Of Harnett County, Nonl, Carolina TABLE OF CONTENTS ARTICLE L GENERAL PROVISIONS ...__......_..._.........._........................... J SECTIOS 1.0 Trn.E ........................ ................. ................, .......,..... ..... ....."..,.....,..,..,....,.,........ .....,. .... ~ SECTION 1.1 PURPOSE ................... ......................,......,..,.... .......,........ ....... ...........".,....,...',.,........ ..... 3 SECTION 1.2 AtrnlORm' .. ..............................,...,.....,'..,... ...... .................,..,.....,.....,.".,.,..,...,....,.,.,... ~ SECTION 1.3 TERRITORIAL JURISDICTION.. ..........,.........,..,...,........,."..... ..........."......".,,'.,.........,....... 3 SECllON I. 4 E.XCWSIONS .............................. ....... ...................'.......,..,........."." ...,..".,...,...... .....,...... 3 SECTION 1.5 CONFLICT..............................,. ............ .....,...... ........ ....,.......,..',....,.,.,.,..,.,.....,..........,.'.. ~ SECTION 1.6 SEPARABlun' .............................. ............,..,... ......,. ...., ........,.....,.,..........,.. .......... ......... -l SECTION I. 7 EfFECTIVE DATE............................. .........,..., .......... ....... ......,... .............................,....... -l ARTICLE II DEnNITlONS AND INTERPRETATIONS ............................................................. 5 SECTION 2.0 MEANING OF WORDS GE1I/ERALL Y .........,..,.....,..............,........,'..,....,.,.,..,..,....,......,..., ,... 5 . SECTIOS 2.1 MEANING OF COM~ION WORDS ,..,...'....'....,...,.......................',.........,.,.,. .,..,................... 5 SECTION 2.2 MEANINOOF SPECIFIC WORDS ..\.'1D TER~IS .............................................,......................5 ARTICLE ID PROCEDURE FOR REVIEW AND APPROVAL OF PLANS FOR TOWNHOME ANDCONDOM., I.." J.,I DEVELOPMENTS............. .-...- ............... 6 SECTION 3.1 PLAT AND Pu.'1 APPROv AL REQUiRED...........................................,.................,............. 6 SECTION 3.2 ArrROVALI'REREQUISITE 10 PL-\ T RECORDA1l0N,.........,...........,.......,.,..,.,...,.,.,.,.......... 6 SECTION 3.3 SKETCH PLAN FOR TIlE INll1AL RE\'IEW PROCESS........................................................... 7 SECTION J.4 PREUMINARY PLAT ApPROVAL FOR C~........IINIUM DE\.ELOP~IENTS ..............................7 SECTION 3.4.1 SUBMISSION PROCEDURE ....................................................................,.................,........7 SECTION 3.4.2I'REUMINARY PUT REVIEW.................................................................,......................... 8 SECTION 3.5 PREUMINARY PLAT ApPROVAL FOR TOWNHOME DEVELOPMEXTS................................. 15 SECTION 3.5.1 I'REUMINARY PUT REVIEW ..............................................................,......................... IS SECTION 3.5.2 A...........ALREQt'lREMENTS FOR TOWNHOME DEVELOPME1I'TS.................................... 16 SECTION 3.5.3 FINAL PLAT APPROVAL........................................................................,....................... 17 ARTICLE IV DESIGN STANDARDS ....... .......... .................. 17 SECTION 4.0 PuRPosE .................................... ...... ............. .......... ...... ............... .......,........ ............... 17 SECTION 4.1 SlllEET CONSTRUCTION ..............., ................................ ,.. ...... ...................... ........... ..... 17 SECTION 4.2 SlllEET DESION CRITERIA............................................................ ................ ...... .......... 18 SECTION 4,3 FIRE HYDRANT LOCATION AND DESIGN CRITERIA ........................................................ 18 SECTION 4.4 EASEMENTS................................ ................................. ................ .............. .... .............. 18 SECTION 4.5 APPROVAL OF WATER AND SEWER SYSTEMS ........................................,....................... 18 SECTION 4.6 CONDOMINIUM AND TOWNHOME DE\'ELOPMENT NAMES .............................................. 19 SECTION 4.7 STREET NAMES A.'1D STREET SIONS ........................................................'..................... 19 ARTICLE V ADMINISTRATION ..... ........19 SECTION 5.0 PuRPosE .................................... ...................................................... ... ... ......... ... ......... 19 SECTION 5.1 AD~IINISTRA 1lON ............................................................................. ........ ............ ....... 19 SECTION 5.2 VARIANCES ................................ ....................................... .................. ........ ...... .......... 20 SECTION 5.3 AMENDMENT ............................................................................................... ................ 20 SECTION 5.4 FEES.................................................... ....... .............................. ..... .........,. ..., ....... ........ 20 SECTION 5.5 DUlY OF REGISTER OF DEEDS .............................................................., ,...................... 20 SECTION 5.6 PENALTY ..................................... .............................. ... ......., ..... ............. ....... ...,. ..... .... 20 . 2 -- ---- -------- _._-_._-~- ----------------- ..------ -- ----- ~- ~--~ 643 Townhome And Condominium Regulations The Unzoned S.I.dl.n olHll1'nett County, Nortll Cll1'olina ARTICLE I. GENERAL PROVISIONS . Section 1.0 Title This Ordinance shall be known as the Townhome and Condominium Regulations for the Unzoned Section ofHamett County, North Carolina. Section 1.1 Purpose The current Ordinances regulating the subdivision of land within the unzoned section ofHamett County do not address the ... ..,,:.on of town homes and condominiums. Consequently, there is no mechanism for evaluating or permitting such types of residential development. This Ordinance will provide such a mechanism. Residential development within the unzoned section ofHamett County is occurring at a rapid rate. This change brings about the need for residential development other than detached single-family dwellings which are traditionally built. A purpose of this Ordinance is to establish procedures for &.-,.. ~ lal and requirements for design standards for the development of townhome and condominium developments in the unzoned section ofHamett County. Since the density found in these projects might be greater than in a typical subdivision it is important that ,....... consideration be given to the impact existing inftastructw'e and surrounding development. This Ordinance is fwther designed to protect and enhance environmental quality while improving the visual and aesthetic appearance of the community. Section 1.2 Authority The provisions of this Ordinance are adapted under authority granted by the General Assembly of the SweofNonh Carolina in General Statutes, Chapter IS3A, Article 18, Part 2 and the Nonh Carolina Unit Ownership Act (General Statute 47A-I et seq). . Section 1.3 Territorial Jurisdiction On and after the date of adoption, these regulations shall govern each and every creation of a townhome and/or condominium development within the County's jurisdiction south of the Cape Fear River. Section 1.4 Exclusions This Ordinance is not intended to regulate manufactured home park developments or apanment complexes. Section 1.5 Conflict Should any section or provision of this Ordinance conflict with the requirements of other lawfully adopted rules, regulations or ordinances ofHamett County or deed restrictions imposed by the developer, the more stringent requirements shall govern. Enforcement of deed restrictions is a private. contractual issue in which the County is not involved. Section 1. 6 Separability Should any section or provision of this Ordinance be declared to be invalid by the Courts for any reason. such declaration shall not affect the Ordinance as a whole or any part thereof other than the part so declared to be invalid. Section 1. 7 Effective Date This Ordinance is hereby established and declared to be in full force and effect from and after its passage, Approved and Adopted by the Board of Commissioners this ...!f:..1ItJ.ay of . ~b8.Y "1999. Attest: J<~ l..P6AIJt.lwJtj ~.a- is t2i. ~~ Cler to Board Chainnan, Harnett County Board of Commissioners Certified By: County Attorney ---------...-------- ~ 6'4.4, ARTICLE n DEFINITIONS AND IJ I .I!.RPRETA TIONS Section 2.0 Meaning of Words Generally Words and tenns used in this document have their commonly accepted dictionary meaning unless specifically defined or the context in which they are used in this document clearly indicates otherwise. Section 2.1 Meaning of Common Words I. All words used in the present tense include future tense. 2. All words in the plural include the singular, and all words used in the singular include the plural. 3. All words used in the masculine gender include the feminine gender. 4. The word "shall" is mandatory and the word "may" is .....issive. 5. The word "building" includes the words "structure", and "structure and any part thereof. " . 6. The word "lot" includes the words "plot", "parcel", "tract" and "site". 7. The word "person" includes the words "association", "company", "corporation", "finn", "individual", .. "l!1".ization", and "partnership". 8. The word "County" shall mean the "County of Harnett", or "Harnett County, North Carolina", the same being a creature of the General Assembly of the State of North Carolina having the powers bestowed upon it by Chapter 15lA of the General Statutes of North Carolina. 9. The words "Board of County Commissioners" or "County Commissioners" shall mean the "Harnett County Board of Commissioners". 10. The words "Register of Deeds" shall mean the "R.w..r.:er of Deeds for Harnett County, North Carolina. 11. The word "street" includes the words "road", "highway", "avenue", "boulevard", "place", "court" and "circle". Section 2.2 Meaning of Specific Words and Terms Common Areas_and Facilities: unless otherwise provided in the declaration or lawful amendments thereto, means and includes: a. The land on which the building stands and such other land and improvements th.. ..... as may be specifically included in the declaration, except any portion themf included in a unit; b. The foundation, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fue ea....,....., and entrances and exits of the building; c. The basements, yards, gardens, parking areas and storage spaces; d. The premises for the lodging of janitors or persons in charge of property; e. Installation of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; f. The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general, all . apparatus and installations existing for common use; g. Such community and commercial facilities as may be provided for in the declaration; and h. All other parts of the property neo;essary or convenient to its existence, maintenance and safety, or nonnally in common use. Condominium: a building or group of buildings in which the dwelling units are owned individually with the structure, common areas and facilities being owned by all the owners on a proportional, undivided basis and meets the requirements of the N.C. Unit Ownership Act as specified in G.S. 47A-1 et seq, Condominium Unit: an enclosed space consisting of one or more rooms occupying all or a part of a floor or floors in a building of one or more floors or stories regardless of whether it be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use and shall include such accessory spaces and areas as may be described in the declaration, such as garage space. storage space, balcony, terrace or patio, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare. Homeowner's Association: all of the unit owners acting as a group in accordance with the by-laws and declaration. Townhome: an attached individual single family dwelling on a fee-simple lot meeting the front and rear yard setbacks and sharing a common side(s) with adjoining units within a townhome complex. Unit Desilmation: the number, Ittter, or combination thereof designating the unit in the declaration. . Unit Owner: a person, corporation, partnership, association, trust or other legal entity or any combination thereof, who owns a unit within the building, ARTICLE m PROC~DlJRE FOR REVIEW AND APPRQVA)....QF PLANS FOR .TOWNHOME.ANDCONDO~JM DEVELOPMENTS, Section 3.1 Plat and Plan Approval Required As required by the N.C. General Statutes and Harnett County Ordinances, a final plat shall be ..."red, a..... led and recorded pursuant to these requirements when a townhome or condominium development is created. Section 3.2 Ar..'" tal Prerequisite to Plat Recordation Pursuant to the N.C. General Statutes, no final plat for a townhome or condominium development within the jurisdiction of Harnett County shall be recorded by the Harnett County Register of Deeds until it has been approved as provided herein. To secure such a!'l..w/al, the subdivider/developer shall follow the procedures established in this article. -- --~--- ~~__.o"',"", ''''.-.'''.,-.....'.<>770''-''''''"''..-..,.-- 645 Section 3.3 Sketch Plan for the Initial Review Process Prior to submiuing a preliminary plat, the subdivider/developer shall submit two (2) copies of a sketch plan to the Subdivision Administrator. The sketch plan shall .....,:..in at leat the following items and any "~..... items which the Subdivision AdminL., ,,, may require in order to adequately review the , ',' ....1: A. A sketch vicinity map showing the Ioc:ation of the project in relation to neighboring trICIS. subdivisions, roads and waterways. B. The boundaries of the tract and totaI lCnlIge. C. The existing and~, ""..Jed uses of the land and the existing uses of the adjoining land. D. The proposed name of the development. E. The name, address and phone number of the owner, subdivider/developer and site . designer. F. The tentative "_n~ design. building footprints, parking lots and recreation areas. G. For townhome developments, the number of lots should be shown and for condominiums the number of units must be shown. H. Surface drainage for the total tract I. Location of ~ .:..~:.ns public water and sewer service in relation to the tract. 1 The sketch plan should be drawn to a scale of not less than one (1) inch to two hundred (200) feet. The Subdivision Administrator will review the Sketch Plan and advise the subdivider/developer conc:eming whdb<< the proposal meets the general requirements of this Ordinance. Then the Subdivision Administrator will advise the subdivider/developer concerning the procedures to be followed in preparing and submitting a preliminary plan for review by the Harnett County PllDlling Board. Section 3.4 Preliminary Plat Ar r..... !aI for Condominium Developments Section 3.4.1 Submission P.....!IIre For every condominium development... ......, Jc:ted under the jurisdiction of this Ordinance, the subcliviclerldeve: "~ .. shall submit a preliminary plat which shall be ,;,~~" ". led by the Planning Board before any construction or installation of improvements may begin. Ten (10) copies of the preliminary plat (as well as any additional copies which the Planning Board determines are needed to be sent to other agencies) shall be submitted to the Administrator of this Ordinance. The copies shall be submitted according to the lIIIIlUaI filing schedule published by the Harnett County Planning Department All applicable fees shall be paid prior to . preliminary plat review by the Planning Board. Section 3.4.2 Preliminary Plat Review Preliminary plats shall meet the specifications of Anicle III of this Ordinance plus the following items: A, A declaration establishing the condominium development submitted which satisfies the requirements of the N.C. Unit Ownership Act (G.S. 47A-I et seq.) B. Plans which show the residential density not exceeding nine (9) dwelling units per acre and meeting any applicable Watersupply Watershed Management and Protection Ordinance requirements. C. Plans which show fifteen percent (15%) of the tract set aside for recreation and five percent (5%) of the required amount developed for active recreation. D, An affidavit signed by the subdivider/developer stating that the recreation facilities will be installed and maintained in a good state of repair until ownership is transferred to the Homeowner's Association. E. A statement as to whether the roads will be private or public. If the roads are to be private. a private road maintenance a6" ..... .ent must be included. All roads shall be paved. F. Plans showing parking spaces of at least 9' x 20' each with adequate ingress and egress and a ratio of I 1Iz spaces per individual unit. All parking lots shall be paved. G. Entrances to a State maintained road shall be according to the current N.C. Department of Transl' w. ...tion standards. H. Plans which show an increase of at least twenty (20) feet to the minimum required front yard if the parking lots are within the minimum required front yard for each building. . I. Plans which show the minimum setback requirements for each building as follows: front yard - 3S feet; rear yard - 25 feet; side yards - 10 feet and side yards on comer lots 20 feet. Measurements are to be taken from the ., n"r ".ate property line. 1 Separation between buildings within the development shall be according to the CL.......: edition of the North Carolina Building Code, Volume I, General Construction. K. Maximum building height shall not exceed thirty five (35) feet as measured fonn the finished grade. L. Each lot upon which condominium units are to be located shall abut a public or an ,.,~~,. .'ed private street for a distance of at least eighty (80) feet except on the bulb of a cul-de-sac where a minimum distance of forty (40) feet is ac:c:eptable and shall have an area of at least twenty thousand (20,000) square feet if not served by a public water and sewer system. M. Each lot upon which condominium units are to be located which are served by either a public water or a public sewer system shall be at least fifteen thousand (15,000) square feet in area. 646 N. Each lot upon which condominium units are to be located which are served by a public water and a public sewer system shall be at least ten thousand (10,000) square feet in area. O. Every condominium development shall be required to tap on to a public water or sewer s~...: _..... when the development is located within that number of feet of an existing publicly owned water or sewage system which equals the product of the number of units within the development (including units to be ", ".", Jcted in the future) multiplied by 100; provided however, that the maximum distance required for connection shall be five thousand (5,000) feet. Should a condominium development meet the distance specification requirements and the publicly owned water system or sewer system to which it would connect not have sufficient capacity to accommodate the development, this requirement is waived. When this occurs, an alternate method of providing water and sewer . service must be approved by the Planning Board and County Commissioners before preliminary plat a....., fal is I!/.",.M. INFORMATION TO BE CONTAINED IN OJ{ DEPICTED ON PRELIMINARY AND FINAL PLATS FOR TOWNBOMEANDCONDOMDNfl]MDEVELOP~NTS The preliminary and final plats shall depict or contain the information indicated in the following table. An "X" indicates that the information is required. I INFORMATION PRELIMINARY FINAL PLAT PLAT \ ntk Block C_...: L . r ", desiplllion ~ame of owner Lo.:.l1on (incluclinglownship. county and S1a'" Oat. or datesllUlVeY wu conducl.d and plat prepared .\ Ical.: of .'" ""'J' in feet per inch listed in words or ligure~ A bar graph Sam.. addreu. .,;,..,.:, number an s..1 ofth. R.gis..red Lottd Surveyor .r .r TIw Nn_ ofllw SIlUhridu I .r IX A JU/l:h .'ici,,;ty.. mowi", IIw "loliolUhip b~,.,.." the .r X pmpo..d .~Iop_ and "m1IIndi", area Coopttml* lilllitr 1llllit0r co.rIy /i..o/f on the ..bdi.;no" IMCI .r IX Th. names. addraoeo and tclcphonc numbers of.1I owncn. mong.g.... .J;,....Jland.. '.' ..land plannen ,...... ,lancIsc:ape .. '"... . and profeuional ..... ... . ."" ,,',Ie for the subdivision. X X Th. ._~:.._ -ion numben and seals of the profeuional engineen X X Dale of plat , .". . ion I X X North lIITOW and , ,"'", I X Ix The bol .. .., '. of the Itw:t orponion thereof to be subdivided distinctly and a..:urately .....-mecI with aU bellrinp and distanc.s shown. X The .xact boundary Iiaes ofth.1tICl1O be dev.loped.lially dimensioned by lengths and bcainp, and the . , .. .: , . of .xisting boundary lines of J ,,' ....j lands. X The nam.s of ownen of adjoining propeni.. X X The nam.. of any adjoining subdivisions of reconl or proposed and under review X X M'. .'., . buildingse.baddin.. X X Existing property lines on the ltICl.o be dev.1oped on adjoining properti.. X X Existing buildinJII or other sUUClURs. _ CDUnes. railroads. brid.... culvens. IIOmI dntins. both 0\1 the land '0 be :, .:".: and land inunedi....ly Idjoining X X Proposed lot lines. lot and block numhen. and, .. ,,'," , ate dimensions X The lots numbered ""","",iv.1y thtoughout the subdivision X Wooded areu. manhes. swamps. rock outcrops. ponds or lokes. s""ams or X l1reambeds and any other naturlll f........ aIlecl1ng the sit., I INFORMATION PRELIMlNARY FINAL I PLAT PLAT Cont, The exact location of the /Iood h........ noodwav one! noodwsy Innge area from the ., ity's FJood Hazan! BouncIaty Maps or other federal Emetg.ncv M_gement Agency mops and any North C....lina w.... supply X X . watenhed boundaries. Th. lallowing data concoming slleell: Proposed lite... X X Exis.ing and plaDed _ 0\1 adjoining, "..... and in the .. ... "",.d subdi\'ilioD RighlS-of-way. location and dimenlions Pavement widths A" ..,'... pades Desip ..,.;. .. . J data for aU comen and """... TY'Pical_ ...... sections Street names (aa approved hy-the "-"County E-911 C.. ,'....>r) Street maintenance I,., .,.. ,. in............. with Section 3.-1,2 of this Ordinanc. X TY.... of street cIcdication: all_... be desi.........ither "public" or "private Where public _ .. '.. .. .,' wltich wiD be dedicated 10 the a.rc. the subdivider musllubmittheIOlIowiDg" ... .., todteN.C.!: ".. ,". of1. "" ..:,.. District X X Highway OffICe for rniew: a cmnpIetc site Iar-, including any Iialtn .opansion _icip.led: ,'.., II alignment indicatinggeaeral curve cIala... sile layout plan: venicol ali.......... indicated by .......... ....... PI_ion and vertical curve length on site plan lavout: the District Engineer may require the plotting of the pound profil. and grodo: line for roads where special cooditions or problems .xist); typical section indicating the pavement desip one! width and the slopes. widths and details for .ith.r 111. cUlb and gutter or the shoulder and dil<:h proposed: drainage fociliti.. and drainage ...., -~ ~ - ~. - ,- ~ -.,..,.........-....,.....- ._""-~.. 647 A_ ..".: ' J...._or...._in~wllhSeclionJ.4.2 X orthiot .. . If..v _ iI . ., ., . \0 . " wllh. _ ............ ....... .... oubdivider shall IlIPtY r... . '. .......-. . by.... N.... c....... t . of T. .... , ...DMlialloflf, ........1:.. b., ' .. Evidence dill....' ...... .... " . _h .. , . I. X X 'The Iocasioll_ __.... of all: UIiI;.., 1IId..... - X X ~ X i'i N.... -... :'\ ~ ....... fIr_...... :'\ :'\ Parb 1IId....... _ wIIII...lVM............ X i'i IsII!l2IBIP i'i ~ ~"'...... . .11I.-........._ 2\ X Anao '" Ila....._......... f .. . I willi.... _ "'...... __ "X . 'Ther_, .:. (.......... .:. "public_to". . "body, r...o_.. 10. dlIIy.. '" If.., ." :..:, ,...rar_ . . ..I. X in ....' .' , '.--w.l of .........1IId__.... 'The p.... f...lIIiIlIy IayoIIla inaludiq: ,..._ X i'i ~.,- 'i 'i Q!Ioer m:--- f...... it... ~ :'\ W_.'. . .....,.. JP- X i'i N............. X i'i TsleDlJoo!a .... X X p.cIric lit- Y Y I INFORMATION PRELIMINARY FINAL I PLAT PLAT Con\. lIIus.....inS ., .. ions \0 ..istins systems. showing line sizes. X X The .""alion or r..' . ,. ,. blowolfs. .........,1<1. IOru mains and .ale \'.l\'es Plans for incIividuaI w..... -n' and ........ disoosal SvAeml. ir..v X X PraJi~ baled UIKIII Me_ Sea I.!,oel cbnam for lanilAr\' "ewen and stann sewen X Site calcu...iona jncludina: Ao......... in ......1no:l10 .... subdivided X X Ac...... in ..t" ...i . _. , ...... and - no......identi.1 ..... X X T _I . or ""'.P1s.mJlfll X X A""'- in'" --'loot .... ill.... ~~............ X X Linear I... in __ I X X Th. namc and IoclIIion or any, ',. ',' or buildinp wilhin .... proposed subdivision or within ..y ccaiJuoua .' "'.' 11III is Ioc*<l on the US. Dep.......... of Inlerior's NalionaIR_orHistaric:~. X X Sullic;"'1 ... .:.. ... '.. I dill \0 delmnine ..adily lIIId ..produce on the B/'Ound ev~'IlrIi"". curved line. -.Iine. 101 line. ri.....of.w.y line. euemenllin.. . and ...1bId< IiDc. includinl ,'.. ., .:, " beariDp. or deflection angI.s. radii. central ..S....lIIId....... ,. ".. ... f....... ......Iine or.urvecl"" ,... lines thai... not the bouncJaov Iina '" CUIVed _. .U dimenaiona shall .... _d 10 the n_ one....... or. fool.... all....... "'.... ___ m_ X The ......... , . .: , ....,., _'". ofall_ .... and c:onln>l noinls X A copy OrallY., "0..'. J deed ." ' .: . ... or similar .ov......... Su.h ...Iriclions ....... "',, _ ariv... ncruIion ..... ... ......Iished. X X A .opy of.... _ion c:ontn>I pIM submitled 10 the, . . . ... to 1IIlh0rity, if such . DIM ia ....ind. ... ovioIool>u 11III .... omnit has been received. X T. , 'Lo'" i. map with .ontourin1crvals ofno llI"ucrth..ten (10) fecI X _........ . . scale. Anv other infonnation ....idercd In' eilher the subdivider. Subdivision Adminillnlor X X or PI_inS Board \0 be . .... . lo'lbe review of the plat. NOTE:The following two pages.........in information about the installation of required improvements in townhome and condominium developments. INFORMATION REGULATING THE INSTALLATION OF IMPROVEMENTS IN TOWNHOME AND CONDOMINIUM DEVELOPMENTS A. Installation ofImDrovements Upon approval of the preliminary plat by the Planning Board, the . subdivider/developer may proceed with the preparation of the final plat, and the installation of or ammgement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. Prior to approval of a final plat, the subdivider shall have installed the improvements provided herein, No final plat will be accepted for review by the Planning Board unless accompanied by written notice by the Subdivision Administrator acknowledging compliance with the improvement and guarantee standards of this Ordinance. The final plat shall constitute only that portion of the preliminary plat which the subdivider/developer proposes to record and develop at that time; such portion shall conform to all requirements of this Ordinance. B. Guarantees for Improvements In lieu of requiring the completion, installation and dedication of any and all improvements (e.g., water, sewer, ..:.. no lights, etc.) prior to final plat approval, the Harnett County Board of Commissioners may ~:~~_ into a written ac.'ww....ent with the subdivider/developer whereby the subdivider/developer shall agree to complete all required improvements. Once said Bo- w_...ent is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board and County Commissioners if all other requirements of this Ordinance are met: To secure 64"8 this agreement, the subdivider/developer shall provide, as .......w Jed by the Board of Commissioners, either one or a combination of the following gt ,,,"..,,,. -" equal to 1.50 times the entire cost of the improvements secured: 1. Surety Perronnance Bon~) The subdivider/developer shall obtain a perfonnance bond(s) from a surety bonding company at.,~ ,,:.zed to do business in North Carolina and a,. ....... .red by the Harnett County Board of Commissioners. The bond shall be payable to Harnett county and shall be in an amount equal to 1.50 times the entire cost, as estimated by the subdivider/developer and verified by the County, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are a.. " ., " led by the County. Any expenses associated with the cost verification by the County shall be paid .. ..:, .ty by the subdivider/developer. . 2. c.h or Ecusivalent Security The subdivider/developer shall deposit cash, an irrevocable letter of credit or other instrUment readily convertible into cash at face value, either with the County or in escrow with a financial institution designated as an official depository of the County. The use of any instrument other than cash shall be subject to the a..ro'w lal of the Harnett County Board of Commissioners. The amount of deposit shall be equal to 1.50 times the entire cost, as estimated by the subdivider/developer and verified by the County, of installing all required improvements. If cash or other instruments are deposited in escrow with a financial institution as provided above, then the subdivider/developer shall file with the Harnett County Board of Commissioners an ~.......ent between the financial institution and himself /herself guaranteeing the following. That said escrow amount will be held in trust until released by the Harnett County Board of Commissioners and may not be used or pledged by the subdivider/developer in any other transaction during the teon of the escrow. C. ~ Upon default. meaning failure on the pan of the subdivider/developer to complete the required improvements in the time allowed by this Ordinance or as spelled out in the perfonnance bond or escrow agreement, then the surety, or financial institution holding the escrow account, shall, if requested by the County pay all or any ponion of the bond or escrow funds to the County of Harnett up to the amount needed to complete the improvements based on an estimate by the County. Upon payment, the County in its discretion, may expend such ponion of said funds as it deems necessary to complete all or any ponion of the required improvement. The county shall return to the subdivider/developer any funds not spent in completing the improvements. D. Release of Guarantee Security . The County may release a portion of any security posted as the improvements are completed and ..~,....,.,ended for approval by the County. Within thirty (30) days after receiving the Subdivision Administrator's r ...w ...mendation, the Harnett County Board of Commissioners shall "'.....,.. .re or disapprove said improvements. When the Harnett County Board of Commissioners approves said improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements &" r ., .red by the Harnett County Board of Commissioners. Section 3.4.3 Final Plat ApprovoJ The subdivider/developer shall submit ten (10) copies of a final plat and one (1) reproducible drawing to the Administrator of this Ordinance according to the Planning D.r.......ent's annual filing schedule. No final plat shall be filed until all requirements for final plat 8.-t"'w Jal have been met, llyt"~ Jals granted by reviewing agencies, improvements completed and any conditions set by the Planning Board have been removed. Following acceptance by the Administrator of the Ordinance, the final plat will be scheduled for review by the Planning Board at their next regular meeting. The final plat shall contain all requirements for such plats as outlined in Article m of this Ordinance. Following ar r" .ral of a final plat by the Planning Board, the Board of County Commissioners will take action on the final plat at its next regular meeting. The Board of County Commissioners shall a,.r'" Ie or disar...w Ie the final plat. If the final plat is "u", led, ''I'rN1al shall be so indicated on the appropriate certificate on the final plat. If the ar 1'" , led final plat is not filed with the Harnett County Register of Deeds within ninety (90) days following a..r"~ JaI by the Board of County Commissioners such ar r . ,.,' lal shall be void. . Iffinal plat approval is denied by the Board of County Commissioners. the reasons for such denial shall be so stated. Such plats shall be returned to the developer/subdivider for w.. "w~ions. When the corrections have been made the Planning Department will re-schedule the final plat for review by the Board of County Commissioners. No plat shall be scheduled for . .~"o...ideration until all corrections have been made. Section 3.s Preliminary Plat An' .ral for Townhome Developments Plans for townhome developments shall follow the requirements of Section 3.3 of this Ordinance plus the following additional requirements. For evtsy townhome development consuucted under the jurisdiction of this Ordinance. the subdivider/developer shall submit a preliminary plat which shall be a,. ... ,red by the Planning Board b..f ... any construction or installation of any improvements may begin. Ten (10) copies of the preliminary plat (as well as any additional copies which the Planning Board deteonines are needed to be sent to other agencies) shall be submitted to the Administrator of this Ordinance. The copies shall be submitted according to the annual filing schedule published by the Harnett County Planning Department. All applicable fees shall be paid prior to preliminary plat review by the Planning Board. - ~ ~~-- f'" ~^.., 649 Section 3.5.1 Preliminary Plat Review A master development plan for all f....f .. .} to be included in the townhome development sball be submitted before any preliminary plats can be -f " ..... >ed. However, the lUSter pa.a IDd the initial phases of the development may be approved simultaneously. In a townhome development in which any facilities such as but not limited to 5......;... parking areas. recreation facilities and common open space are to be held and maintained in common ownership a Rom .." I ..eI"S Association shall be organized. Documents showing the lSSOCiation's orpnizationaI structure and by- laws shall be tiled with the initial preliminary plat. The orpnizationalltlUClln documents and by-laws shall include, but are . not limited to the following: A. The Homeowner's Association shall be established before any lots are sold. B. Membership shall be mandatory for each buyer and any successive buyer. C. The subdivider/developer shall be responsible for all maintenance and other .. _ ',' . nsibilities of the Homeowner's Association until sixty I' ., _w..". (60%) of all units to be sold are sold. D. After sixty .. w.' _ .....,: (60%) of all units to be sold are sold, the Homeowner's Association shall levy UlI_.". ."',' and assume its -'r .'. .,ibilities. E. Any sums levied by the Homeowner's Association that remain unpaid shall become a lien on the individual property, F. The Homeowner's Association shall be able to adjust the assessment to meet changing needs. Section 3,5.2 Additional Requirements for Townhome Developments A. Residential density shall not exceed nine (9) dwelling units per acre and shall meet any applicable Watersupply Watershed Management and Protection Ordinance requirements. B. A minimum of tifteen percent (15%) of the tract must be set aside for recreation. Of the total set aside tive percent (5%) must be developed for active .... .....ion. The recreation area must be developed, installed and maintained by the developer until ownership of the ,.......,tion area is transferred to the Homeowner's Association. C. All roads, whether public or private. shall be paved. Once ownership of the private roads has been transferred to the . Homeowner's Association the Association shall assume maintenance of such roads. D, All parking lots shall be paved. If parking lots are located within the required front yard, the minimum front yard for each unit shall be increased by an additional twenty (20) feet. E. All walls between individual units and separation between individual buildings within the development shall be according to the N.C. Building Code, Volume l, General Construction. F. Buildings located on the periphery of a development shall have a minimum often (10) feet side yard except on comer lots. The minimum side yard required for comer lots shall be twenty (20) feet for the yard abutting the side street. G. The maximum building height shall be thirty tive (35) feet. H. All individual lots upon which a townhome is to be built shall have the following minimum requirements: lot width twenty (20) feet; lot frontage on a public .... .. .., private "_n. or parking lot - twenty (20) feet; front yard setback - thirty-five (35) feet if the parking lot is located elsewhere; front yard setback - fifty tive (55) feet if the parking lot is within the required front yard rear yard setback - twenty five (25) feet. I. Every townhome development shall be required to tap on to a public water or sewer system when the development is located within that number offect of an existing publicly owned water or sewage system which equals the product of the number of units within the development (including units to be constructed in the future) multiplied by 100; provided however, that the maximum . distance required for connection shall be tive thousand (5,000) feet. Should a townhome development meet the distance specitication requirements and the publicly owned water system or sewer system to which it would connect not have sufficient capacity to a..wwmmodate the development, this requirement is waived. When this occurs. an alternative method of providing water and sewer service must be .. ',' ., ..' ,red by the Planning Board and County Commissioners b..1i.. '. preliminary plat ... t".!at is granted. Section 3.5.3 Final Plat Approval The subdivider/deve:. /' .. shall submit ten (10) copies of a tinal plat and one ( 1 ) "-r'w liucible drawing to the Admini..., ... ,'" of this Ordinance a..w.Jing to the Planning Department's annual filing schedule. No tinal plat shall be tiled until all requirements for tinal plat"ft' .', .rat have been met, 8.r.. .. !als granted by reviewing agencies, improvements completed and any conditions set by the Planning Board have been removed. The tinal plat shall w..;.Jn all requirements for such plats as outlined in Article III of this Ordinance. --------------..-------..----- ------ 650 Following ar~j'. !aJ ofafmaJ plat by the Planning Board, the Board of County Commissioners will take action on the final plat at its next regular meeting. The Board of County Commissioners shall a"."... re or di.... ~ .' fe the fmal plat. If the final plat is a.. I' I.'.' fed, a......,.' ,aJ shall be so indicated on the appropriate certificate on the final plat. If the '.......... fed fmal plat is not filed with the Harnett County Register of Deeds within ninety (90) clays follo~ng .1 't ~ ..'. faJ by the Board of County Commissioners such a~ ~', ,..ral sball be void. Iffmal plat approvaJ is denied by the Board of County Commissioners, the reasons for such denial shall be so .'". ". J. Such plats shall be returned to the developer/subdivider for ..........~ons. When the ""....-:ons have been made the Planning Department will re-schedule the final plat for review by the Board of County Commissioners. No plat shall be scheduled for re-coosideration until aJI ..w...",,':ons have been made. . ARTICLE IV DESIGN STANDARDS Section 4.0 Purpose The purpose of this section is to outline design standards that are to be followed in the construction of the required infrastructure and other improvements made in condominium and townhome developments. It is the intent of this section that any improvements installed be clone ....w.c:ing to generally accepted standards for the industry. Section 4.1 Street Construction Any "w ....... constructed within a condominium or townhome development which are to be publicly dedicated shaJl be builtto N.C. DepartmentofTra...,."., ",:on standards. Any streets constructed in such projects which are to remain private shaJl also be built to N.C. Department of Transponation standards. Any street, whether private or public, shall be paved. Section 4.2 Street Design Criteria Cul-de-sacs should not exceed 1500 feet in length. Any dead end street shall have adequate space for vehicles, including emergency vehicles to safely turn around, Cul-de-sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street unless an exception is granted by the Planning Board. Section 4.3 Fire Hydrant Location and Design Criteria Where a minimum ofa six (6) inch water line is available or can be installed according to the extension criteria specified elsewhere in this Ordinance, fire hydrants shaJl be installed on the site of aJI condominium and townhome developments. The Harnett County Fire Marshal shaJl review and an'~ Ie the location and type of aJl fire . hydrants located within a condominium and townhome development. It is the intent of this section that no condominium or townhome unit be located further than 500 feet from a fire hydrant. If the fire hydrant criteria as outlined above cannot be met, an alternative method of fire su"".....sion may be used ifapprovaJ is granted by the Harnett County Fire Marshal. Section 4.4 Easements Permanent easements shaJI be required for the installation and servicing of cenain utilities and providing drainage across propeny. The width of the easement shaJl be the minimum width as required by the various utility companies. All easements shall be shown on the fmal plat. Should an easement follow side property lines or rear property lines of adjoining lots .the easement shall be divided so that equal pans are on each lot. No permanent structure may be placed in or on an easement. If the subdivider/developer doesn't own the adjoining property the requirement for dividing the easement is waived. In the case of drainage easements, the open channel must be of adequate size and grade to hydraulically accommodate maximum potentiaJ volume of flow. This data shaJl be provided by the subdivider/developer's engineer or surveyor and must be so indicated on the final plat. Section 4.5 A"".~ lal of Water and Sewer Systems All public water and sewer systems used in a condominium or townhome development shaJl be approved by the Harnett County Public Utilities Depanment and any other State or Federal agencies as is required. Should an on-site wastewater collection system be used, a"".. laJ must be given by the Envi.."..,ental Health Section of the Harnett County Department of Public Health and any other State or Federal agencies as is required. All required approvaJs must be on the final plat at the time of review by the . Planning Board. Section 4.6 Condominium and Townhome Development Names All condominium and townhome developments shaJI be named. In no case shall the name for a proposed development duplicate or be phonetically similar to an existing condominium development, townhome development or subdivision within the planning jurisdiction of Harnett County. The use of initials, acronyms, numbers and Roman numerals in names is prohibited. Section 4.7 Street Names and Street Signs The names of any ..w...... within a condominium or townhome development shaJl be approved by the E-911 C. ..C'd.ator. In no case shalla name be llr..... led which isa duplicate or phonetically similar to any other ........ name already in use within the planning jurisdiction of Harnett County. ~t....~ signs are required and shaJl be ofa type and style that has been ar r .. ". fed by the Board of County Commissioners. Identification signs for townhome developments and condominium developments shall conform to the following regulations: ----;----- 651 A. There shall be a limit of one (1) double.faced sign or two (2) single.faced signs for each primary emranc:e to the de\ . i. ~ ..ent. Each sign shall not exceed fifty (50) square feet in size. Street sips Ire to be pun:hued through the County at the time prelimiJwy plat approval is given. B. Identification lipssban be located on private property and shall be installed so a to not intflfere with the line of siBht needed for safe movement onto the intersecting I'OId when exiting the cleveIoprnent. C. All identification sips iDstaIled under the provisions of this Ordinance may be illuminated internally or extemally and sban be constructed to meet the requirements of the National Et. ~. .... Code and any other applicable local codes. If IiIJbted _.,.... .ally, no direct rays of HBht may be cast on any Idjoining property or interfere with Ill)' vehicles appaoWililg on a public riBht~-way from any I. . ll.";'''II~..DIl. . D. Sips which contain, include, or are lighted by any flashing, intermittent or moving lights are prohibited. E. Plans for identification signs shall be submitted for....,...... Jal when the preliminary plat is filed. However, no identification signs may be installed until approval is granted and all required permits obtained. ARTICLE V ADMINISTRATION Section 5.0 Purpose The purpose oflhis section is to identify the procedure to be followed in the administration oflhis ordinance, granting ofvariances, approvinglDlendments, setting of fees, outlining the duties of the R "'Il1., ,:, .. of Deeds and prescribing penalties for violations. Section 5.1 Administration This Ordinance shall be adminL..., .J by the Subdivision Administrator or his designee. Adoption of this Ordinance hereby appoints the Subdivision Admini............ or his designee a the admini...,..,..,.. Section 5.2 Variances The Planning Board may approve plats which vary from the design standards and improvements required by this Ordinance where topographic or other conditions peculiar to the site are such that compliance with the requirements of this Ordinance would cause an unusual and unnecessary hardship on the subdivider/developer above and beyond what other subdividers would be required to meet. However, the granting of such a variance must not have the effect of nullifying the intent and purpose of these regulations. No variance shall be granted, where in the opinion of the Planning Board the need or bais for the variance wa caused by actions of the applicant. A variance shall not be . granted which conflicts with any other local, State or Federal statutes, ordinances or regulations. The subdivider/developer shall submit a written request to the Administrator of this Ordinance detailing the justification for any such variance. The Planning Board may attach to the granting of such a variance any conditions necessary to insure that the purpose and intent of this Ordinance is not com~. .. .ised. Section 5.3 Amendment The Harnett County Commissioners may from time to time amend these regulations pursuant to the North Carolina General Statutes I 53A-323. However, no amendment shall b.~.. ..,.e effective unless it shall have been r "r ..sed by or shall have been submitted to the Planning Board for review and ..........mendation, The Planning Board shall have forty (40) days within which to submit a report. If the Planning Board fails to submit a report to the Board of County Commissioners within the specified time, it shall be deemed to have recommended approval of the ,...... ....ed amendment. Section 5.4 Fees The Board of County Commissioners shall establish the fees to be paid by the subdivider/developer for review and:",~. ,al of plats. No plat may be reviewed until all required fees have been paid according to the filing schedule posted in the office of the Planning Department. Section 5.5 Duty of Register of Deeds The Clerk to the Board of Commissioners shall file a copy of this Ordinance with the Register of Deeds ofHamett County. The Register of Deeds shall not thereafter file or record a plat of a condominium or townhome development within the territorial jurisdiction of this Ordinance without the .,... t.. . .,al of the Planning Board and the Board of Commissioners. The filing or r..... .Cng ofa plat ofa condominium or townhome development without the ",t ,..... Jal of the Planning Board and the Board of . Commissioners a required by this Ordinance shall be null and void. The Clerk of Superior Court of Harnett County shall not order or direct the ........r.:ing of a plat where such. ..w."!ing would be in conflict with this section. Section 5.6 Penalty If a person who is OWDer or agent of tbe OWDer of any land located within the territorial jurisdiction of this Ordinance., ~"..... a condominium or '. ,'....home development in violation of this Ordinance before the plat has been properly at r ,...' Jed under this Ordinance and "_~"";ed in the Office of Register of Deeds of Harnett County, he shall be guilty of a Clw 3 misdemeanor. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring land does not exempt the transaction from this penalty. Any person violating any provisions of this Ordinance or who shall violate or fail to comply with any order thereunder shall be punishable by a fine not to exceed five hundred dollars (5500.00). Each day such a violation shall be pennitted to exist shall constitute a separate offense. 652 . ' Attachment 7. Memorandum To: Harnett County Board of Commissioners From: L.C. O'Quinn, Tax Administrator / CO' Date: 09/23/99 . Subject: Barred Taxes Pursuant to G.S. 105-378(a), remedies for collection of the 1989 taxes are barred after September I, 1999; however these bills will remain in our software history until September 2000. The 1989 personal property tax amounts to $58,327.03 of which $30,893.19 is principal. The 1989 real property tax amounts to $18,648.14 of which $9,637.71 is principal. Attached is a total sheet for further details. If any additional information is needed, please advise. Attachment 8. I I I . f i aH 1M-DEPARTMENTAL BUDGET AMENDMENTS I FOR A~ PERIOD ~.I!..~ A.I!..MBER 2. 1999 - SEPTEMBER 30, 1999 . 9/8/99 69 Public Utilities 31-9000-004O Professional Services (52,200.00) 31-9000-0S80 Analysis Fees 52,200.00 9/8199 70 Register of Deeds 10-4800-0450 Contracted Services ($12,899.00) 10-4800-0040 Professional Services 512,899.00 9/14/99 74 Human Resources 110-7400-465.33-45 Contnu:ted Services $8,300.00 110-7400-465.32-72 Support Services 5700.00 110-7400-465.11-00 Salaries & Wages (59,000.00) 9/27/99 I 79 Health I 110-7600-441.58-(H Training/Meetings 51,180.00 I \ 110-7600-441.55-12 Printing &. Binding ($577.00) I , 110-7600-44l.S8-14 Travel 5500.00 I 110-7600-441.64-25 I........ .......... ($103.00) 110-7600-441.60-33 Materials & Supplies ($500.00) . 110-7600-44 UO-46 Medical Supplies ($500,00)