Planned Unit Development OrdinancebrA. 6K. -p, R:,rz a3q- 300
HARNETT COUNTY RC
Book
1401
Pages
0938 -0979
FILED
42 PAGE(S)
02/23/2000
9:46 AM
KIMBERLY S.
HARGROVE
Register Of
Deeds
By.
Deputy /Asst.
PLANNED UNIT DEVELOPMENT
ORDINANCE
FOR THE UNZONED SECTION OF
HARNETT COUNTY, NORTH CAROLINA
Adopted: February 21, 2000
HARNETT COUNTYBOARD OF COMMISSIONERS
Dan Andrews, Chairman
Beatrice Hill, Vice Chairman
Joseph Bowden
Teddy Byrd
Walt Titchener
HARNETT COUNTY PLANNING BOARD
Harold Butts, Jr., Chairman
Kenneth Shaw, Vice Chairman
John McKoy
Cathy Johnson
Thomas Stewart
Ronald Thomas
TABLE OF CONTENTS
ARTICLE I: TITLE, PURPOSE, AUTHORITY AND EFFECTIVE DATE OF THIS
ORDI NANCE............................................................................................ ............................... 5
SECTION1.0 TITLE .................................................................................... ............................... 5
SECTION 2.0 PURPOSE ............................................................................... ............................... 5
SECTION3.0 AUTHORITY ........................................................................... ............................... 5
SECTION 4.0 EFFECTIVE DATE AND SEPARABILITY OF ORDINANCE ........ ............................... 5
SECTION 5.0 JURISDICTION ....................................................................... ............................... 5
ARTICLE II DEFINITIONS AND INTERPRETATIONS ..................... ............................... 6
SECTION 2.0 DEFINITIONS ......................................................................... ............................... 6
SECTION 2.1 WORD INTERPRETATION, TENSE AND NUMBER .................... .............................10
ARTICLE III PLANNED UNIT DEVELOPMENT ............................... .............................10
SECTION3.0 GENERAL ................................................................................ .............................10
SECTION 3.1 APPLICATION REQUIREMENTS .............................................. .............................10
SECTION 3.2 CONFORMITY TO PLAN .......................................................... .............................11
SECTION 3.3 INTERNAL STREETS ............................................................... .............................11
SECTION 3.4 ZERO LOT LINES .................................................................... .............................11
SECTION 3.5 PLANNED DEVELOPMENTS NOT EXEMPT .............................. .............................11
SECTION 3.6 RESIDENTIAL PLANNED DEVELOPMENTS .............................. .............................12
SECTION 3.7 COMMERCIAL AND INDUSTRIAL, PLANNED DEVELOPMENTS .............................12
SECTION 3.8 DIMENSIONAL REQUIREMENTS ............................................. .............................12
SECTION 3.9 DENSITY CALCULATIONS ....................................................... .............................12
SECTION 3.10 DENSITY BONUS ................................................................... .............................12
SECTION 3.11 COMMERCIAL, OFFICE, AND PROFESSIONAL FACILITIES ... .............................13
SECTION 3.12 COMMON OPEN SPACE ........................................................ .............................14
SECTION 3.13 SITE PLANNING .................................................................... .............................15
SECTION 3.14 HOMEOWNERS'(OR PROPERTY OWNERS) ASSOCIATION .... .............................16
ARTICLE IV PLAT PREPARATION AND APPROVAL PROCEDURES .......................17
SECTION4.0 GENERAL ................................................................................ .............................17
SECTION4.1 SXETCH PLAN ........................................................................ .............................17
SECTION 4.2 PRELIMINARY PLAT AND OUTLINE DEVELOPMENT PLAN APPROVAL ..............18
SECTION 4.3 CONTENT OF THE PRELIMINARY PLAT .................................. .............................18
SECTION 4.4 PLANNING BOARD ACTION .................................................... .............................19
SECTION 4.5 DEVELOPMENT IN STAGES ..................................................... .............................19
SECTION4.6 OTHER REVIEW AGENCIES COMMENTS ................................ .............................19
SECTION 4.7 CONTENT OF THE FINAL PLAT ............................................... .............................20
SECTION 4.8 PLANNING BOARD ACTION .................................................... .............................21
SECTION 4.9 ACTION BY BOARD OF COUNTY COMMISSIONERS ................ .............................22
SECTION 4.10 APPROVAL NOT TO CONSTITUTE ACCEPTANCE .................. .............................22
2
SECTION 4.11 RECORDING OF PLAT ........................................................... .............................22
SECTION 4.12 RESUBDWISION PROCEDURES ............................................. .............................22
SECTION 4.13 PENALTIES FOR VIOLATING ANY PROVISIONS OF THIS ORDINANCE ...............23
SECTION 4.14 VARIANCES ........................................................................... .............................23
SECTION 4.15 GUARANTEE OF IMPROVEMENTS ......................................... .............................23
ARTICLE V WATER AND SEWER SERVICE REOUIREMENTS ...................................24
SECTION5.0 GENERAL ................................................................................ .............................24
SECTION 5.1 WATER SUPPLY SYSTEM: ................................................................................... 25
SECTION 5.2 SEWAGE DISPOSAL SYSTEM: .............................................................................. 27
ARTICLE VI OFF STREET PARKING REQUIREMENTS ................. .............................29
SECTION6.0 GENERAL ................................................................................ .............................29
SECTION 6.1 MINIMUM PARKING SPACE REQUIREMENTS ......................... .............................30
SECTION 6.2 LIGHTING ............................................................................... .............................30
SECTION 6.3 IMPROVEMENTS, DESIGN AND LOCATION STANDARDS ......... .............................30
SECTION 6.4 PARKING AREA SURFACE REQUIREMENTS ........................... .............................30
SECTION 6.5 INDIVIDUAL PARKING SPACE SIZE REQUIREMENTS ............. .............................30
ARTICLE VII OFF STREET LOADING REQUIREMENTS ............... .............................31
SECTION7.0 GENERAL ................................................................................ .............................31
SECTION 7.1 DESIGN CRITERIA .................................................................. .............................31
SECTION 7.2 REQUIREMENTS FOR SPECIFIED USES ................................... .............................31
ARTICLE VIII SIGN REOUIREMENTS ................................................ .............................31
SECTION8.0 GENERAL ................................................................................ .............................31
SECTION 8.1 PROHIBITED SIGNS .................................................................
.............................32
SECTION 8.2 ILLUMINATION .......................................................................
.............................32
SECTION8.3 SETBACK REQUIREMENTS .....................................................
.............................32
SECTION 8.4 CALCULATION OF SIGN DIMENSIONS
.................................... .............................32
SECTION 8.5 SIGN SEiE REQUIREMENTS ....................................................
.............................33
SECTION 8.6 SIGNS FOR RESIDENTIAL USES ..............................................
.............................33
SECTION 8.7 APPLICATION PROCEDURE ....................................................
.............................33
SECTION8.8 ADMINISTRATION ...................................................................
.............................34
ARTICLE IX NAMING OF PLANNED UNIT DEVELOPMENTS AND OTHER
REOUIRED IMPROVEMENTS ............................................................... .............................34
SECTION9.0 GENERAL ................................................................................ .............................34
SECTION 9.1 NAMING OF PLANNED UNIT DEVELOPMENTS ........................ .............................34
SECTION9.2 STREET SIGNS ........................................................................ .............................34
SECTION9.3 SIDEWALKS ............................................................................ .............................34
3
ARTICLE X LOT AND SETBACK REQUIREMENTS ........................ .............................35
SECTION10.0 GENERAL .............................................................................. .............................35
SECTION 10.1 LOT REQUIREMENTS ............................................................ .............................35
SECTION 10.2 BLOCK REQUIREMENTS (PURPOSELY DELETED) ................. .............................35
SECTION 10.3 MINIMUM BUILDING SETBACK REQUIREMENTS ................. .............................35
SECTION 10.4 SPECIAL REQUIREMENTS FOR NONRESIDENTIAL USES ..... .............................36
SECTION 10.5 DIMENSIONAL REQUIREMENTS FOR NONRESIDENTIAL USES .......................... 37
ARTICLE XI SPECIALIZED RESIDENTIAL USES WITHIN PLANNED UNIT
DEVELOPMENTS.................................................................................... .............................37
SECTION11.0 GENERAL ............................................................................. .............................37
SECTION 11.1 RESIDENTIAL USES .............................................................. .............................37
ARTICLE XII ADMINISTRATION OF THE ORDINANCE ................ .............................38
SECTION 12.0 ADMINISTRATION ................................................................. .............................38
SECTION 12.1 AMENDMENTS ...................................................................... .............................38
SECTION 12.2 CONFLICTS ........................................................................... .............................38
SECTION12.3 FEES ..................................................................................... .............................38
SECTION 12.4 DUTY OF REGISTER OF DEEDS ............................................. .............................38
SECTION.12.5 PENALTY .............................................................................. .............................39
APPENDIXA ................................................................................. ............................... 40
CERTIFICATES............................................................................................. .............................40
m
PLANNED UNIT DEVELOPMENT ORDINANCE
FOR THE UNZONED SECTION OF
HARNETT COUNTY, NORTH CAROLINA
AN ORDINANCE ESTABLISHING PLANNED UNIT DEVELOPMENT
REGULATIONS FOR THE UNZONED SECTION OF HARNETT COUNTY, NORTH
CAROLINA AND PROVIDING FOR THE ADMINSITRATION, ENFORCEMENT
AND AMENDMENT THEREOF.
BE IT ORDAINED AND ENACTED BY THE BOARD OF COMMISSIONERS
OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
ARTICLE I: Title, Purpose. Authority And Effective Date Of This Ordinance
Section 1.0 Title
This Ordinance shall be known and may be cited as the Planned Unit
Development Ordinance for the unzoned section of Harnett County, North Carolina.
Section 2.0 Purpose
The regulations as herein set forth have been made for the purpose of promoting
the health, safety and general welfare of the residents of Harnett County while allowing
flexibility in the subdivision of land within the unzoned jurisdiction of Harnett County.
Section 3.0 Authority
The provisions of this Ordinance are adopted under authority granted by the
General Assembly of the State of North Carolina particularly G.S. 153A, Article 18,
Part 2.
Section 4.0 Effective Date and Separability of Ordinance
This Ordinance shall be effective from and after the date of its adoption by the
Harnett County Board of Commissioners. If, for any reason, one or more sections,
sentences, clauses or parts of this Ordinance are held invalid by the Courts, such
judgement shall not affect, impair or invalidate the remaining provisions of this
Ordinance.
Section 5.0 Jurisdiction
The provisions of this Ordinance shall apply to the planning jurisdiction of
Harnett County for the area south of the Cape Fear River.
ARTICLE II Definitions and Interpretations
Section 2.0 Definitions
For the purpose of this Ordinance, the following terms have been defined as:
Accessory Building or r Use: is a building or use, which is:
conducted or located on the same lot as the principal building or use served,
except as may be specifically provided elsewhere in this Ordinance.
clearly incidental to, subordinate in purpose to, and serves the principal use; and
either in the same ownership as the principal use or is clearly operated and
maintained solely for the comfort, convenience, necessity, or benefit of the
occupants, employees, customers, or visitors of or to the principal use.
Freestanding gazeboes, freestanding decks, sheds and storage buildings are to be treated
as accessory buildings. No accessory building shall exceed 600 square feet in area based
on exterior dimensions or be located within 5 feet of any property line or easement. All
accessory buildings shall be located within the rear yard.
Buffer: is a dense, evergreen hedge or solid fence or wall without any openings used to
enclose screen or separate certain uses as specified in this ordinance. The design,
composition, height, width and location of such facilities shall be approved by the Planning
Board prior to installation. All buffers shall be maintained in perpetuity for the life of the
development by either the developer or Homeowner's Association.
Building: is a structure enclosed and isolated by exterior walls constructed or used for
residence, business, industry or other public or private purposes, or accessory thereto, and
including tents, lunch wagons, dining cars, trailers, and similar structures whether stationary
or movable.
Building Principal: is a building in which is conducted the principal use of the plot on
which it is situated.
Business Establishment. Convenience Tyne: is a commercial enterprise that caters to the
daily needs of residential neighborhoods. Examples include laundromats, grocery stores,
and quick stops. Convenience business establishments shall not be construed to encompass
retail sales not geared toward neighborhood convenience.
Condominium: a building or group of buildings in which dwelling units are owned
individually and the structure, common areas and facilities are owned by all owners on a
proportional, undivided basis and meets the requirements of the N.C. Unit Ownership Act
as specified in GS47A -1 et seq.
C]
Congregate Residences: Apartments and dwellings with communal dining facilities and
services such as housekeeping, organized social and recreational activities and other
support services appropriate for the residents.
Continuing Care Retirement Facility: an age- restricted development that provides a
continuum of accommodations and care ranging from independent living to long -term
bed care and enters into contracts to provide lifelong care in exchange for the payment of
monthly fees and an entrance fee in excess of one year of monthly fees.
Developer: (also "Development Owner" and "Subdivider") is a person or entity, its
successors or assigns, which owns or has a contract or option to own the property as
submitted as a Planned Unit Development.
Duplex: is a residential use consisting of two dwelling units within a single building on a
single lot.
Dwelling: is a building, or portion thereof; designed or used exclusively for residential
occupancy, including single - family dwellings, two family dwellings, and multiple- family
dwellings, but not including hotels or motels.
Dwelling, Multiple- Family: is a building containing three or more dwelling units.
Dwelling, Sin ale Family: is a site -built structure containing one dwelling unit only.
Dwelling Unit: consists of one or more rooms which are arranged, designed, or used as
living quarters for one family only. Individual bathroom(s) and complete kitchen facilities,
permanently installed, shall always be included for each "dwelling unit ".
Frontage: is the length of all the property fronting on one side of a street between the two
nearest intersecting streets, measured along the line of the street, or if dead ended, then all of
the property abutting on one side between an intersecting street and the dead end of the
street.
Homeowners' Association: or similar legal entities that are responsible for the maintenance
and control of common areas shall be established in such a manner that:
• Provision for the establishment of the association or similar entity is made before
any lot in the development is sold or any building occupied;
The association or similar legal entity has clear legal authority to maintain and
exercise control over such common areas and facilities;
The association or similar legal entity has the power to compel contributions from
residents of the development to cover their proportionate shares of the costs
associated with the maintenance and upkeep of such common areas and facilities.
Industrial Park: is a special or exclusive type of planned industrial area designed and
equipped to accommodate a community of industries providing them with all necessary
facilities and services in attractive surroundings among compatible neighbors. Industrial
parks may be promoted or sponsored by private developers, community organizations, or
government organizations.
Ian: A commercial facility not exceeding fifty (50) sleeping rooms and related ancillary
facilities for the housing and feeding of transients located within a planned unit development
and intended primarily for users of the development's recreation facilities and located
adjacent to the primary recreation facility.
Lot: is a parcel of land occupied or to be occupied by a main building or group of main
buildings and accessory building, together with such yards, open spaces, lot width and lot
area as are required by this Ordinance.
Lot. Depth: Is the average horizontal distance between front and rear lot lines.
Lot, Width: is the average horizontal distance between the side property lines.
Outline Development Plan: The master plan for the planned unit development that is
approved by the Planning Board and Board of Commissioners.
Ownership and Maintenance of Recreational Areas and Required Open Space
• Required recreational facilities and usable open space shall be dedicated either to the
County or to a Homeowners' Association or similar organization.
• The person or entity identified as having the right of ownership and control over such
recreational facilities and open space shall be responsible for the continuing upkeep and
proper maintenance of the same.
• Homeowners' Association or similar entities responsible for such facilities and open
space may charge a special individual fee only for the exclusive use of such areas.
Patio Home: A single family dwelling on a separate lot with open space setbacks on three
sides with one side of the dwelling being on or near a side property line.
Planned Unit Development: is a development constructed on a tract of at least ten (10) acres
under single, corporation, firm, partnership, or association ownership planned and
developed as a integral unit, and consisting of a combination of principal uses that could be
combined only in a planned unit development.
Residence Multi - Family: is a residential use consisting of three or more dwelling units
located in one or more buildings on the same lot, or attached or detached units on separate
lots at densities permitted only in multi - family zoning districts.
Setback Line — Front: is the minimum horizontal distance between the front line of a
building or structure and the front property line or right -of -way line.
Setback Line — Rear: is the minimum horizontal distance between the rear line of a building
or structure and the rear property line or right -of -way line.
Setback Line — Side: is the minimum horizontal distance between the sideline of a building
or structure and the side property line or right -of -way line.
Shoppin Cg enter: is two or more commercial establishments having off-street parking and
loading facilities provided on the property and related in location, size, and type of shops to
the trade area which the unit serves.
Ste: is an advertising device used to disseminate information concerning a person, place,
or thing.
Sign — Business: is any sign, which directs attention to a business, profession, industry, or
service located on the premises where such sign is displayed.
Sian - Outdoor Advertisina: is any outdoor sign, display, light, device, figure, painting,
drawing, message, plaque, poster, billboard, or any other thing which is designed, intended
or used to advertise or inform any part of the advertising or information contents, to the
public about a subject unrelated to the premises upon which the sign is located.
Structure: is anything constructed or erected, the use of which required permanent location
on the ground, or attachment to something having a permanent location on the ground,
including advertising signs.
Subdivision Administrator: The Chief Planner in the Harnett County Planning Department
or his designee who has administrative and enforcement duties related to this Ordinance.
Townhome: An attached single family dwelling on a fee - simple lot meeting the minimum
front and rear yard setback requirements and sharing a common side(s) with adjoining units
within a townhome complex.
Unit Ownership Structure: is any building or structure in which unit ownership has been
created by the owners or co- owners of an express declaration of intent under the Unit
Ownership Act of Chapter 47A -1 et seq. N.C. General Statutes.
Yard, Required Front: is an open space on the same lot with a building, between the
minimum front setback line and the front property or street right -of -way line extending
across the full width of the lot.
Yard, Required Side: is an open, space on the same lot with a building between the
minimum side setback line and side line of the lot and extending from the front yard line to
the rear yard line.
Yard, Required Rear: is an open space on the same lot with a building between the
minimum rear setback line and the rear line of the lot and extending across the full width of
the lot.
Section 2.1 Word Interpretation. Tense and Number
• Words used in the present tense shall include the future; and words used in the singular
number shall include the plural number, and the plural the singular.
• The word "shall' is mandatory and not discretionary.
e The word "may" is permissive.
The word 'lot" shall include the words "piece ", "parcel', and "plots "; the word
"building" includes all structures of every kind regardless of similarity to buildings; and
the phrase "used for" shall include the phrases "arranged for ", "designed for ", "intended
for ", and "occupied for ".
The present tense includes the future tense and the future tense includes the present tense.
The singular number includes the plural number and the plural number includes the singular
number.
For purposes of this Ordinance, "Planned Unit Development', "PUD" and "Subdivision"
are used interchangeably and have the same meaning.
ARTICLE III Planned Unit Development
Section 3.0 General
For purposes of this Ordinance, a planned development, whether residential, commercial,
industrial, or a planned unit development (PUD) shall be a tract of land under single,
corporation, firm, partnership, or association ownership, planned or developed as an integral
unit, in a single development operation or a definitely programmed series of development
operations and according to an approved Outline Development Plan and a Preliminary Site
Plan.
The purpose of planned developments is to encourage the development of planned
commercial, industrial, or residential neighborhoods and communities that provide a full
range of residence types as well as certain commercial and office uses designed to serve the
inhabitants. It is recognized that only through ingenuity, imagination and high quality
design can residential and other developments be produced which are in keeping with the
intent of this Ordinance while departing from the strict application of conventional use and
dimensional requirements found within a typical subdivision.
Section 3.1 Application Requirements
An application for a Planned Unit Development shall be accompanied by an Outline
Development Plan presenting the following information:
A. Proposed land uses, the location of various dwelling types and dwelling unit
10
densities, and the location of all other proposed buildings and construction
B. Proposed primary traffic circulation pattern
C. Proposed parks, playgrounds, and other common open space areas
D. Proposed delineation of the units or phases to be constructed in progression
E. Proposed means of dedication of common open space areas and organizational
arrangements for the ownership, maintenance, preservation of common open space,
streets, and other common facilities, including a copy of the homeowners' or
property owners association bylaws, if such organization is to be used
F. Relation of land uses in the surrounding area to the land use plan for the Planned
Unit Development
G. Impact on all public services
H. Proposal for handling drainage, water, and sewage plans
Statement as to proposed ownership of streets and responsibility for maintenance
thereof
Section 3.2 Conformity to Plan
Site development within the planned development shall conform to the Outline
Development Plan and associated requirements approved by the Planning Board as part of
the permit conditions. Modification of the Outline Development Plan or any Preliminary
Plan and associated requirements may be made by the Planning Board when requested by
the owner and developer after initial approval has been granted.
Section 3.3 Internal Streets
Streets within a Planned Unit Development which are to be offered for public
dedication must meet all North Carolina Department of Transportation requirements as to
right -of -way, pavement and construction standards. All private streets shall be built and
paved according to generally accepted engineering and construction principles.
Maintenance of private streets shall be the responsibility of the Homeowners' Association.
Section 3.4 Zero Lot Lines
Where individual dwelling units, commercial units or industrial units are to be sold
in a single building and it is desired to deed the land under the unit to the purchaser, such as
in the case of townhouses or patio homes, zero lot line lots may be used, as long as the
approved yards are maintained around the building.
Section 3.5 Planned Developments Not Exempt
A planned development must meet all requirements of this Ordinance, as well as all
other applicable ordinances, unless expressly exempted. Subdivision and Zoning Ordinances
are hereby expressly exempted.
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Section 3 6 Residential Planned Developments
Residential Planned Unit Developments shall consist of only residential uses along
with active or passive recreation facilities that are primarily intended for use by owners of
property within the development and their guests. Golf courses open to the public and tennis
clubs open to the public are exempt from this requirement. Unless otherwise approved by
the Board of Commissioners, when submitted as part of the Outline Development Plan, non-
exempted portions of the tract may only be devoted to planned commercial and industrial
uses as follows:
ACREAGE PERCENTAGE FOR INDUSTRIAL
PLANNED COMMERCIAL USES USES
10-49 1% .50%
50 -74 2% .75%
75 -99 3% 1.000/0
100 -149 4% 1.50%
MORE THAN 150 5% 2.00%
It is the intent of this Ordinance that any Commercial and Industrial uses be strategically
located, screened and buffered so as to minimize the impact on the surrounding residential
uses.
Section 3.7 Commercial and Industrial Planned Developments
Commercial and Industrial Planned Unit Developments, such as shopping centers
and planned industrial parks shall contain only Commercial uses and Industrial uses.
Section 3.8 Dimensional Requirements
A minimum gross development size of ten (10) acres is required. All other dimensional
requirements shall be as in Article X with the exceptions as defined below under Density
Bonus unless otherwise approved by the Harnett County Planning Board on the
preliminary plat. Yards forming the outer boundary of a Planned Unit Development shall
be in compliance with the minimum requirements of Section 10.3. The only other
exceptions to the dimensional requirements of the district is that zero lot lines and modified
lot dimensions are permissible so long as all approved yards are maintained around each
building and around the entire perimeter of the Planned Unit Development.
Section 3.9 Density Calculations
Development density shall be computed by subtracting fifteen percent (15 1/o) of the
gross area (as an allowance for streets), plus all areas designated for nonresidential purposes
from the gross area and dividing the remaining area by the lot area requirements as specified
elsewhere in this Ordinance. See Article X for additional information about minimum lot
requirements and density.
Section 3 10 Density Bonus
A Density Bonus not to exceed thirty -five percent (35 %) of the number of dwelling
units permitted under the standard applicable district regulations may be approved by the
12
Planning Board in accordance with the following ratios of Residential Area to Common
Open Space. In each case, the Planning Board must make a finding that the development
will result in a significantly better environment than would otherwise have occurred in
accordance with the established permitted density. Tentative application for the Density
Bonus shall be included in the Outline Development Plan for review and approval.
% of Residential Area
to be Common Open Space
10 -19
20 -29
30 -39
40-49
50 -59
60 or more
DENSITY BONUS SCALE
% Density Bonus
10.
15
20
25
30
35
Section 3.11 Commercial. Office. and Professional Facilities
Commercial, office, and professional facilities, when permitted in a Planned Unit
Development, shall be developed in accordance with conventional requirements as outlined
in this Ordinance. In addition, they shall be subject to the following requirements:
A. Such areas of specified size shall be planned as an integral part of the
Planned Unit Development.
B. Proposed uses are needed by and gauged primarily for the service and
convenience of residents of the Planned Unit Development.
C. Commercial areas are permitted at a maximum ratio of one (1) acre
commercial area per one hundred (100) dwelling units constructed and at
increments of one -half acre and fifty (50) dwelling units above the first acre.
See Section 3.6
D. Such areas shall be so located and designed as to provide direct access to a
major street without creating traffic hazards or congestion on other streets.
E. The layout of parking areas, loading areas, entrances, exits, yards, courts and
landscaping, control of signs, lighting, noise or other potentially adverse
influences shall be such as to protect the residential character within and
adjacent to the Planned Unit Development and shall meet standard buffer
requirements as specified elsewhere in this Ordinance.
F. Such establishments shall not by reason of their location, construction,
manner of timing or operations, signs, lighting, parking arrangements or
13
other characteristics have any adverse effects on residential uses within or
adjoining the district, or create traffic congestion or hazards.
G. No buildings designed or intended to be used, in whole or in part, for
commercial purposes shall be constructed prior to the construction of less
than fifty percent (501/o) of the dwelling units proposed in the plan, or
construction of one hundred (100) dwelling units, whichever is smaller.
H. Golf Courses open to the public and tennis clubs open to the public are
exempt from Subsections B, C, and G above.
Section 3.12 Common Open Space
"Common Open Space" required in PUD's shall mean a parcel or parcels of land or a
combination of land and water within the site designated for a Planned Unit Development
designed and intended exclusively for the use and enjoyment of residents of the
development and their guests, not including streets or off-street parking areas. Common
Open Space shall be substantially free of structures, but may contain such improvements as
are in the plan as finally approved and are appropriate for the benefit of the residents.
A. A minimum total area of 10% of the gross residential area shall be set -aside
as Common Open Space in a Planned Unit Development. Of this 10%, a
maximum of one -half may be areas covered by water.
B. A maximum of 15% of the area designated to be Common Open Space may
be covered by structures clearly auxiliary to the recreational use of the area.
Such structures may include tennis courts, pro shops, clubhouses, swimming
pools, and the like.
C. The location, shape, and character of the Common Open Space must be
suitable and appropriate for the proposed development.
D. Common Open Space shall be used only for amenity or recreational (active
or passive) purposes and shall be dedicated to or remain in control of the
PUD through a Homeowners' Association or similar means. The uses
authorized for the Common Open Space must be appropriate to the scale and
character of the development.
E. Common Open Space must be suitably improved for its intended use, but
Common Open Space containing natural features clearly worthy of
preservation may be left unimproved. The buildings, structures, and
improvements which are permitted in the Common Open Space must be
appropriate to the uses which are authorized for the Common Open Space
and must conserve and enhance the amenities of the area having regard to its
topography and unimproved condition.
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F. All land shown on the Outline Development Plan as Common Open Space
must be conveyed under one of the following options:
1. It or any portion thereof may be dedicated to the County of Harnett
for public use. Any dedication must be formally accepted by the
County to be valid. Nothing in this Ordinance in any way obligates
the County to accept the dedication of any property.
2. It or any portion thereof may be conveyed to the trustees provided in
an indenture establishing an association of homeowners. The
Common Open Space must be conveyed to the trustees subject to
covenants and easements to be approved by the Planning Board
which restrict the Common Open Space to the uses specified on the
plan, and which provide for the maintenance of the Common Open
Space in a manner which assures its continuing use for its intended
purpose. If the Common Open Space is deeded to a Homeowners'
Association, the developer shall file a declaration of covenants and
restrictions that will govern the association, to be submitted with the
application for approval.
3. The Common Open Space or any portion thereof may be retained,
operated, and maintained by the PUD property owner or developer if
a legal document is submitted to the County prior to the issuance of a
building permit binding in perpetuity the Common Open Space to be
used as such and to be maintained in an appropriate manner. If at
any future date the owner and operator of the Common Open Space
and its facilities wishes or is required to relinquish control of such
facilities, the Common Open Space shall be conveyed as described
above, dedicated to the County for public use, or sold with all
operating requirements and legal obligations still binding. The
Common Open Space shall forever be part of the Planned Unit
Development.
G. Golf courses open to the public and tennis clubs open to the public are
exempt from Subsections B, D, E, and F above.
Section 3.13 Site Planning
External Relationships
Site planning in the proposed development shall provide protection of the development from
potentially adverse surrounding influences, and protection of surrounding area from
potentially adverse influences from the development. Consideration will be given to the
location of uses, buffers, setbacks, and street design and arrangement in the evaluation of the
relationship of the development to its surrounding areas.
Internal Relationships
1. Service and Emerszengy Access: Access and circulation shall be adequately
provided for fire fighting equipment, service deliveries, and refuse collection.
2. Underground Utilities: Planned Unit Developments shall provide for
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underground installation of utilities, including telephone and power in both public
and private rights-of-way. Provisions shall be made for acceptable design and
construction of storm sewer facilities including grading, gutters, piping and
treatment of turf to handle storm waters, prevent erosion, and formation of dust.
3. Ways for Pedestrians: Walkways shall form a logical and safe conventional system
for pedestrian access from all parking lots to project facilities and principal off
site pedestrian destinations. Walkways to schools or other destinations shall be so
located and safe guarded as to minimize contact with normal automotive traffic.
Pedestrian street crossings shall be held to a minimum and shall be strategically
located.
Streets, Design and Maintenance
1. Design Standards
It is the policy of the Board of Commissioners of Harnett County that all
roads within subdivisions be constructed to certain standards and offered for
dedication to the North Carolina Department of Transportation.
Construction and design standards to be used can be found in the current
edition of Subdivision Roads Requirements and Minimum Construction
Standards published by the North Carolina Department of Transportation.
Private streets shall be prohibited within all subdivisions except planned unit
developments, condominium/townhouse developments and recreation
communities subject to reasonable and appropriate conditions deemed
necessary by the Board of Commissioners. In formulating reasonable and
appropriate conditions the Board of Commissioners shall consider any
recommendations from the Planning Board and Planning Department.
2. Private Streets
Should roads within planned unit developments, condominium/townhouse
developments and recreation communities be offered for dedication such
roads must be built according to the current edition of Subdivision Roads
Requirements and Minimum Construction Standards published by the North
Carolina Department of Transportation. For roads, which are to remain
private, a notation shall be placed on the plat and all subsequent deeds which
state that the roads have been installed by the owner /developer but
maintenance is the responsibility of the purchasers of the property and
Homeowner Association. All private streets shall be built and paved
according to generally accepted engineering and construction principles.
Section 3.14 Homeowners'(or Property Owners) Association
In planned developments where any facilities, such as streets, parking areas,
common open space, recreational facilities,' and the like, are to be held and maintained in
common ownership, a Homeowners or Property Owners Association shall be organized. A
copy of the organizational papers and by -laws shall be submitted with the Outline
Development Plan and shall be approved as part of the Outline Development Plan.
Provisions of the organization shall include, but not be limited to the following:
1. The Homeowners' Association shall be established before the homes or units
are sold.
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Membership shall be mandatory for each buyer, and any successive buyer.
The developer shall manage the Homeowners' Association, which shall be
responsible for all maintenance of the PUD, until sixty percent (60%) of all
units to be sold are sold. The Homeowners Association shall be managed on
a non -profit basis; however, nothing herein shall be construed to prohibit the
payment of a fair market management fee to the developer.
4 The Developer shall have the right to maintain control of and manage the
Homeowners Association (1) until 98% of the total dwelling units planned
are conveyed to residents or (2) for ten years from the date that the first plat
in the PUD is recorded plus one year for each fifty units planned in excess of
one hundred units or (3) for fifty years from the date that the first plat in the
PUD is recorded, whichever shall first occur.
The developer, or development owner, shall pay all fees levied by the
Homeowners' Association on any improved lot which it owns and for which
a final plat has been recorded in the Harnett County Register of Deeds, just
as any other lot owner.
The Homeowners' Association shall be responsible for liability insurance,
payment of local taxes and maintenance of recreational and other facilities.
Any dues or fees levied by the Homeowners' Association that remain
unpaid, shall become a lien on the individual property.
The Homeowners' Association shall be able to adjust the assessment to meet
changing needs.
ARTICLE IV Plat Preparation and Approval Procedures
Section 4.0 General
This Ordinance requires that a plat be prepared, approved and recorded pursuant to the
provisions herein whenever a Planned Unit Development is constructed. An Outline
Development Plan, which functions as the master plan must also be approved.
Construction may occur in phases; however, each phase requires approval of a
preliminary plat followed by approval of a final plat.
Section 4.1 Sketch Plan
Before a subdivider submits a preliminary plat, a sketch plan of the proposed Planned
Unit Development may be prepared and submitted to the Harnett County Planning
Department staff for review. The sketch plan shall be drawn to a scale of not less than
one (1) inch to two hundred (200) feet and shall contain sufficient detail in order for
general compliance with the Ordinance to be determined. Following staff review the next
step is approval of an Outline Development Plan and preliminary plats.
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Section 4.2 Preliminary Plat and Outline Development Plan Approval
The Outline Development Plan must be approved prior to approval of any preliminary plats.
However, the Outline Development Plan may be submitted for approval simultaneously
with the preliminary plat for the first phase in the Planned Unit Development. Fees shall be
paid based on the ultimate number of lots in the Planned Unit Development prior to
approval of the Outline Development Plan. A copy of the organizational papers and
By- laws for the Property Owners Association must be filed with the Outline Development
Plan.
Ten (10) copies of the Outline Development Plan and ten (10) black or blue line prints of the
preliminary plat shall be submitted to the Subdivision Administrator according to the filing
schedule in the Planning Department office. The Outline Development Plan shall contain
sufficient detail so that specific compliance with this Ordinance can be determined.
Following staff review, the outline Development Plan and Preliminary Plat will be
scheduled for review at the next regular meeting of the Planning Board. The preliminary plat
shall be prepared by a registered land surveyor licensed to practice in the State of North
Carolina.
Section 4.3 Content of the Preliminary Plat
The scale of the preliminary plat shall be no smaller than one (1) inch to two hundred (200)
feet and drawn on 18" x 24" paper. The plat shall contain or be accompanied by the
following information:
a. The name and address of the owner, the subdivider, and the person preparing the plat,
the scale, north point, date and Parcel Identification Number.
b. A location map showing the relationship between the Planned Unit Development and
the surrounding area inset on the plat sheet, the names and locations of adjoining
subdivisions and streets, the location and ownership of adjoining unsubdivided property
if known, the location of county and/or municipal boundaries if falling within or
immediately adjoining the tract, the zoning classification of the tract, if applicable, and
the general land use of the surrounding property
c. The boundaries of the tract with all bearings and distances indicated, total acreage in the
tract, and the location of existing structures, water courses, rights -of -way, and utility
easements.
d. The proposed name of the Planned Unit Development, street rights -of -way and surface
widths, dedication of street (public or private), approximate grades, street names, water
supply, storm drainage and sewer disposal systems (except that individual wells and
septic tanks need not be shown), lot lines, lot and block numbers, approximate
dimensions of lots, building setback lines and areas to be used for common areas.
e. The developer may be asked to prepare a brief statement as to what impact the
proposed Planned Unit Development may have on the environment. This statement
would include any wildlife displaced, trees destroyed, historical sites or landmarks
adversely affected, the impact of grading or paving of any areas, or other matters
that would be detrimental to the environment resulting from the proposed
development. A Phase I Environmental Report will ordinarily satisfy this requirement.
However, the Planning Board may request more detailed information about specific
items within the report.
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f. Any other supplemental information considered by the subdivider or the Planning
Board to be pertinent to the review of the preliminary plat, including any restrictive
covenants which the developer intends to attach to parcels within the subdivision.
g. If the tract to be subdivided encompasses all or parts of one or more tracts owned by the
subdivider or subdividers, the boundary line of such tract or tracts, or parts thereof, shall
be indicated upon such plat in a manner in which shall clearly illustrate the parent tract
or tracts of said subdivision and the subdivider's source of title for such tract, tracts, or
parts thereof shall be plainly indicated upon the face of such plat by reference to the
recording data of the most recently recorded instrument in the subdivider's chain of title.
h. The relationship between this phase and all other subsequent phases and the net acreage
for each lot and the gross acreage for the entire subdivision..
Section 4.4 Planning Board Action
The Planning Board shall review the preliminary plat at its next regular meeting after the
preliminary plat has been properly submitted and fees paid. At this meeting, the Planning
Board shall approve, conditionally approve, or disapprove the plat after considering the
recommendations of the agencies whose approval is required by this Ordinance.
a. If the preliminary plat is approved, approval shall be noted on two prints of the plat
by the Chairman of the Planning Board. One print of the plat shall be transmitted to
the subdivider and the second approved print shall be retained by the Planning
Board.
b. In the case of conditional approval, the reasons for conditional approval and the
conditions to be met shall be specified in writing. One copy of such reasons and
conditions, along with one print of the plat, shall be retained by the Planning Board
and a print shall be given to the subdivider.
C. When a preliminary plat is disapproved, the Planning Board shall specify the reasons
for each action in writing. One copy of such reasons and one print shall be retained
by the Planning Board, and a print of the plat with the reasons for disapproval shall
be given to the subdivider. If the preliminary plat is disapproved, the subdivider may
make the recommended changes and submit a revised preliminary plat for review at
the next regular meeting of the Planning Board.
Section 4.5 Development in Stages
When a PUD is to be developed in stages, a concept plan (outline development plan) shall
be submitted for the entire development. The developer shall next submit a preliminary plat
for that portion of the concept plan to be next developed. The developer shall submit a final
plat, constituting that portion of the approved preliminary plat that is proposed for
recordation and development.
Section 4.6 Other Review Agencies Comments
It shall be the responsibility of the Administrator of this Ordinance to insure that the
following agencies are given an opportunity to review and make recommendations on the
preliminary plat:
a. The District Highway Engineer as to proposed streets, highway, and drainage
systems.
b. The County Public Utilities Department as to proposed water and sewage systems.
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C. Other County or State agencies whose approval might be necessary.
Section 4.7 Content of the Final Plat
The subdivider shall submit ten (10) black or blue line copies of a final plat, and one (1)
reproducible drawing to the Planning Board through the Administrator of the Ordinance
according to the filing schedule in the Planning Department office. A licensed surveyor
shall prepare the final plat. Such plat shall be drawn on sheets eighteen (18) inches by
twenty -four (24) inches and at a scale of one (1) inch equals two hundred (200) feet.
A Completion of Improvements
No final plat shall be approved until all required improvements are installed
according to an approved preliminary plat, except as provided elsewhere in this
Ordinance.
B. Contents of the Final Plat
The final plat shall contain the following information:
1. The exact boundary lines of the tract to be subdivided fully dimensioned by
bearings and distances, and the location of boundary lines of adjoining lands,
with adjacent subdivisions identified by official names.
2. The accurate location and descriptions of all monuments, markers, and
control points and the Parcel Identification Number.
3. Sufficient engineering data to determine readily and reproduce on the ground
every straight or curved boundary line, street line, lot line, right -of -way,
easement line, and setback line, including dimensions, bearings or deflection
angles, radii, chords, central angles, and tangent distances for the center line
of curved streets and curved property lines, to an appropriate accuracy and in
conformance with good surveying practice.
4. The widths and names of all proposed streets and easements which shall be
properly located.
5. The location, purpose, and dimensions of areas to be used for purposes other
than residential.
6. Throughout the entire subdivision the lots numbered consecutively
throughout each section.
7. The name of the subdivision, the owner, and the surveyor preparing the final
plat and the net acreage for each lot and the gross acreage for the entire
subdivision.
8. The date of the survey and plat preparation, a north arrow and graphic scale.
9. Any other information considered by either the subdivider or the Planning
Board to be pertinent to the review of the final plat.
10. If the tract to be subdivided encompasses all or parts of one or more tracts
owned by the subdivider or subdividers, the boundary line of such tract or
tracts, or parts thereof shall be indicated upon such plat in a manner which
shall clearly illustrate the parent tract or tracts of said subdivision and the
subdivider's source of title for such tract, tracts or parts thereof, shall be
plainly indicated upon the face of such plat by reference to the recording data
of the most recently recorded instrument in the subdivider's chain of title.
11. The following certificates shall be included with each final plat submitted to
the Planning Board by the subdivider and shall be filed by the
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Register of Deeds when the final plat is recorded.
a. Certificate of Ownership, Dedication and Jurisdiction, signed.
b. Certificate of Approval of Water Supply and Sewage Disposal
Systems, signed by the County Public Utilities Director or his
authorized agent. A Certificate of Approval signed by the County
Utilities Director is required when county owned or operated public
water and/or public sewage is to be utilized. The subdivider shall
install these facilities in accordance with the approved plans.
C. Certificate of Accuracy and Mapping, signed.
d. In the case of streets to be dedicated to the public, certificate of
approval of Streets and Street Drainage Plans and Improvements by
District Engineer, North Carolina Department of Transportation,
signed.
e. Certificate of Approval by the Harnett County Board of
Commissioners, unsigned.
f. Certificate of Approval by the Harnett County Planning Board,
unsigned.
g. Certificate of Registration by the Review Officer and Register of
Deeds, both unsigned.
h. If private roads are used, a private roads disclosure statement is
required along with a signed certification from a Professional
Engineer licensed to practice in North Carolina that all private
roads were built to the standards in the current edition of
Subdivision Roads Requirements and Minimum Construction
Standards as published by the N.C. Department of Transportation.
Section 4.8 Planning Board Action
The Planning Board shall review the final plat at its next regular meeting after the
final plat has been properly submitted.
The Planning Board shall review the final plat for compliance with the requirements
of this Ordinance and any other specifications which were agreed upon at the time of the
review of the preliminary plat. A registered land surveyor licensed to practice in the State of
North Carolina shall prepare the final plat.
The Planning Board shall approve or disapprove the final plat.
a. If the final plat is approved, approval shall be indicated on the appropriate
certificate of the final plat.
b. If the final plat is disapproved by the Planning Board, the reasons for such
action shall be stated in writing. The reasons for disapproval shall refer
specifically to those parts of this Ordinance, other statutes or practices with
which the plat does not comply. One copy of such reasons, with the original
drawing and remaining prints of the proposed subdivision, shall be
transmitted to the subdivider and the Planning Board will retain a copy of the
disapproved plat and the reasons for disapproval. Before final approval is
granted, the subdivider shall make the required changes and submit a revised
final plat for review at the next regular meeting of the Planning Board.
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Section 4.9 Action by Board of County Commissioners
The Board of County Commissioners shall take action on the final plat following the
approval of the final plat by the Planning Board. The County Board of Commissioners shall
approve or disapprove the final plat.
a. If the final plat is approved, approval shall be indicated on the appropriate
certificate on the final plat. The subdivider shall file the approved plat with
the Register of Deeds within ninety (90) days after the approval of the Board
of Commissioners or such approval shall be void.
b. If the final plat is disapproved by the County Board of Commissioners, the
reasons for such action shall be stated in writing. The reasons for
disapproval shall refer specifically to these parts of this Ordinance, other
statutes or practices with which the plat does not comply. One copy of such
reasons with the original drawing and remaining prints of the proposed
subdivision shall be transmitted to the subdivider. Before final approval is
granted, the subdivider shall make the required changes and submit a revised
final plat for review by the Board of Commissions at a fixture meeting.
Section 4.10 AppL val Not to Constitute Acceptance
The approval of a final plat pursuant to regulations adopted under this Ordinance
shall not be deemed to constitute or affect the acceptance by the County or the public of the
dedication of any street or other ground, public utility line, or other public facility shown on
the plat.
Section 4.11 Recording of fPlat
After the affixing of all required signatures (except Certificate of Registration by the
Register of Deeds and Review Officer), the final plat shall be returned to the subdivider.
The subdivider shall file the approved final plat with the Register of Deeds of Harnett
County for recording within ninety (90) days after the date of its approval by the Board of
County Commissioners or such approval shall be void unless an extension of time is granted
by the Board of County Commissioners.
Section 4.12 Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules, and
regulations shall apply as prescribed herein for an original subdivision. Lot sizes may,
however, be varied on an approved plan after recording, provided the following
requirements are met:
a. No lot or tract of land shall be created or sold that is smaller than the size
shown on the approved plat.
b. Drainage, easements, or rights -of -way shall not be changed.
C. Street alignment and block sizes shall not be changed.
d. The property line between back of lots shall not be changed.
e. The rear portion of lots shall not be subdivided from the front part.
f. The character of the area shall be maintained
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Section 4.13 Penalties for Violating Any Provisions of this Ordinance
Any person, firm, or corporation, violating any provisions of this Ordinance, or who
shall violate or fail to comply with any order made thereunder; or who shall continue to
work upon any structure after having received written notice from the Administrator of this
Ordinance to cease work, shall be guilty of a misdemeanor and punishable by a fine not to
exceed five hundred ($500) dollars or imprisonment not to exceed thirty, (30) days. Each
day such violation shall be permitted to exist shall constitute a separate offense. Notice of
violation shall be sufficient if directed to such owner, the agent of the owner, or the
contractor and/or left at his known place of residence or place of business.
Section 4.14 Variances
The Planning Board may recommend approval of plats which vary from the design
standards and improvements required by this Ordinance provided that such variations will
not have the effect of nullifying the intent and purposes of these regulations. No variance
shall be granted which conflicts with any other local (except for Subdivision and Zoning
Ordinances, over which an approved PUD takes precedence), state, or federal statutes,
ordinance, or regulation. The subdivider shall submit a written request and justification for
any such variance and 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
compromised. Final approval of any request for a variance must come from the Harnett
County Board of Commissioners.
Section 4.15 Guarantee of Improvements
In lieu of requiring the completion, installation and dedication of any and all required
improvements prior to final plat approval, the Harnett County Board of Commissioners may
enter into a written agreement whereby the subdivider shall agree to complete all required
improvements. Once said agreement is signed by both parties and the security required
herein is provided, the final plat may be approved if all other requirements of this Ordinance
are met. To secure this agreement, the subdivider shall provide, as approved by the Board
of Commissioners, either one or a combination of the following guarantees equal to 1.25
times the entire cost of the improvements secured.
1. Surety Performance Bond(s).
The subdivider shall obtain a performance bond(s) from a surety bonding company
authorized to do business in North Carolina and approved by the Harnett County
Board of Commissioners. The bond(s) shall be payable to the County of Harnett and
shall be in an amount equal to 1.25 times the entire cost as estimated by the
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 accepted by
the County. Any expenses associated with the cost verification by the County shall
be paid entirely by the developer.
2. Cash or Equivalent Security
The 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 approval of the Board of
Commissioners. The amount of deposit shall be equal to 1.25 times the entire cost
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as estimated by the developer and verified by the County of installing all required
improvements.
If cash or other instrument is deposited in escrow with a financial institution as
provided above, then the subdivider shall file with the Harnett County Board of
Commissioners an agreement between the financial institution and himself
guaranteeing the following:
a. 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
developer in any other transaction during the term of the escrow; and
b. That in case of a failure on the part of the developer to complete said
improvements, the financial institution shall, upon notification by the
County to the financial institution of an estimate of the amount needed to
complete the improvements immediately pay to the County the funds
estimated to complete the improvements, up to the full balance of the
escrow account or deliver to the County any other instruments fully
endorsed or otherwise made payable in full to the County.
Default
Upon default, meaning failure on the part of the developer to complete the
required improvements in the time allowed by this Ordinance or as specified in
the performance bond or escrow agreement, then the surety or financial institution
holding the escrow account shall, if requested by the County, pay all or any
portion of the bond or escrow fund 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 portion of said funds as it
deems necessary to complete all or any portion of the required improvements.
The County shall return to the subdivider any funds not spent in completing the
improvements.
4. Release of Guarantee Security
The County shall release a portion of any security posted as the improvements are
completed and recommended for approval by the Subdivision Administrator.
Within 30 days after receiving the Subdivision Administrator's recommendation,
the Harnett County Board of Commissioners shall approve or disapprove said
improvements. When the Board of Commissioners approves said improvements,
it shall immediately release the portion of the security posted which covers the
cost of the improvements approved. In the event of a dispute under this provision,
the dispute shall be submitted to arbitration, with all costs associated with the
arbitration paid by the Developer.
ARTICLE V Water and Sewer Service Requirements
Section 5.0 General
Installation and provision for water supply and sewage disposal shall be according to
the standards of the Harnett County Department of Public Utilities Comprehensive Water
and Sewer Plans and the Harnett County Health Department. Plans must be reviewed by
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the Harnett County Department of Public Utilities, the Harnett County Health Department
and all State of North Carolina agencies having jurisdiction.
Section 5.1 Water Supply System:
A. Connection Requirement: Any Planned Unit Development that is created
after the adoption of this section and is located within that number of feet of an
existing county owned or operated water supply and distribution system as is
specified in Subsection B below, whether the Planned Unit Development is located
within or without the service area of an existing county owned or operated public
water supply and distribution system, the developer or subdivider shall cause a water
distribution system, meeting the standards herein specified, to be constructed and
installed in such PUD and shall further cause said water distribution system to be
connected to the existing county owned or operated public water supply and
distribution system which is located as specified in said Subsection B. This
requirement also applies to new phases of existing subdivisions when these phases
have not been previously approved by the Harnett County Planning Board and are
now being developed as a Planned Unit Development.
Consideration shall be given to the acreage of an entire tract and the number of
potential lots therein, taking into account topography, feasibility of the land for
further subdivision development, and other factors.
Where, in the opinion of the Planning Board and Utility Department, a PUD
cannot be economically connected to a county owned or operated water distribution
system, the subdivision must contain adequate area (based on information
concerning the soil survey, water table, type of sewage disposal, etc.) for the
installation of private water supply systems, and must be approved in writing by the
County Health Department. In addition, where, in the opinion of the Planning Board
and Utility Department, a PUD cannot be economically connected to a county
owned or operated water distribution system, the developer or subdivider may
establish and create a public water supply system or connect the subdivision to an
existing public water supply system. However, such created public water supply
system or such water distribution system to be connected to an existing system shall
be approved by and meet the requirements of all federal, state, and local
governments, including but not limited to the Division of Health Services,
Department of Human Resources of the State of North Carolina and the North
Carolina Utilities Commission.
B. Distance Specification: A PUD shall be required to meet the conditions of
this section when the PUD is located within that number of feet of an existing
county owned or operated water supply and distribution system which equals the
product of the number of lots within the subdivision (including lots to be developed
in the future) multiplied by 100; PROVIDED HOWEVER, that the maximum
distance required for connection shall be 5000 feet.
C. Subject to Capacity Sufficiency: In the event that a PUD should meet the
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distance specification requirements of Subsection B and the county owned or
operated water supply and distribution system to which the PUD would connect
shall be of insufficient capacity to permit the delivery of water to said subdivision,
the subject PUD shall be relieved of the requirement to connect to such county
system.
D. Review Requirements: When a developer or subdivider is required to install a
water distribution system pursuant to this section, prior to final approval of the
record plat, the plans for the water distribution system to be so installed shall be
submitted to the County Director of Public Utilities. The location, size and
specifications of the water distribution system shall be placed upon said plat for
review and approval. The County Director of Public Utilities shall review the
information supplied and determine whether the plans meet the requirements of this
section.
E. Plan Specification: The plans for a water distribution system to be installed pursuant
to this section shall show and/or state thereon such information as will indicate that
the system planned will meet, when constructed and installed, the requirements of
this section.
F. Water Distribution System Specifications: A water distribution system to be
constructed within a Planned Unit Development pursuant to this section and/or
connected to the county owned or operated system shall:
1. Be properly connected in such a manner as to adequately serve all lots
shown on the subdivision plat (including both present and future lots) for
domestic use and fire protection.
2. Conform to the specifications of the Harnett County Department of Public
Utilities as provided by said Department and conform to the accepted
standards of good practice for water system construction, as specified by the
Division of Health Services, Department of Human Resources, of the State
of North Carolina (or any successor agency thereof) and as specified in the
Harnett County water system extension policy.
3. Be approved by the necessary Federal and/or State agencies prior to or at the
time of completion.
4. Conform to all federal, state and/or local ordinances, rules and regulations
relating thereto and any license and/or permits required thereby shall be
obtained.
5. Be constructed pursuant to the necessary contractual agreements required by
the policies, rules and regulations of the Harnett County Department of
Public Utilities.
G. Fire Hydrants: In a PUD where an adequate public water supply system is
available, the developer or subdivider shall install fire hydrants in such a manner
that the subdivision is afforded adequate fire protection or as provided in this
Ordinance.
1. All hydrants shall be American Water Works Association approved.
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2. No fire hydrant shall be installed on less than a 6" main.
3. Hydrants shall have two 2 ''/2" and one 4 %2" connection with threads of the
National Standard Thread type.
4. The upper hydrant operation stem within the bonnet shall be sealed and
lubricated by means of an oil or grease bath. The operating nut shall be
Nation Standard Pentagon type measuring 1 ''/2" from point to flat. Hydrants
shall open left.
5. Fire hydrants shall be located in such a manner that no lot is further than five
hundred feet (500) from a hydrant.
6. All hydrants shall be furnished with barrel and stem extensions as required for
the final field location. Nominal minimum bury will be 3 '/2 feet.
7. All fire hydrants shall be located on the right side of the road way in which
responding fire apparatus would travel within the PUD .
8. All hydrants at finish grade shall measure 18" from the ground to center of
steamer cap.
9. The Fire Marshal's office shall approve all hydrant types and locations in
Planned Unit Developments and any alterations to the requirements
specified in this section of the Ordinance related to fire hydrants and fire
protection.
H. Planned Unit Developments Where Section Not Applicable: When located outside
the service area of a County owned or operated water supply and distribution system
and/or outside the distance specifications, lot sizes within a Planned Unit
Development may be allowed to be reduced, provided adequate water is available
for domestic use from a community water system to be installed by the developer;
and provided six (6) inch water lines are installed to service fire hydrant locations
such that no lot is farther than 500 feet from such a location, and stub outs with gate
valves are provided at said fire hydrant locations. If the Planned Unit Development
does not meet these provisions, it shall be considered under the regulations specified
herein for property not having public water available.
I. Construction Period: When a Planned Unit Development is to be developed in
phases, the water distribution system required hereunder may be constructed in
steps simultaneous with the development of each phase of the Planned Unit
Development.
Section 5.2 Sewage Disposal System:
A Connection Requirement: As to any Planned Unit Development which is created
after the adoption of this section and is located within that number of feet of an
existing county owned or operated sewage disposal system as is specified in
Subsection B below, whether the Planned Unit Development is located within or
without the service area if an existing county owned or operated public sewage
disposal system, the Developer or Subdivider shall cause a sewage disposal system,
meeting the standards herein specified, to be constructed and installed in such
Planned Unit Development and shall further cause said sewage disposal system to be
connected to the existing county owned or operated public sewage disposal system
27
which is located as specified in said Subsection B. This requirement also applies to
new phases of existing subdivisions where these phases have not been previously
approved by the Harnett County Planning Board and are now being developed as a
Planned Unit Development.
Consideration shall be given to the acreage of an entire tract and the number
of potential lots therein, taking into account topography, feasibility of the land for
further subdivision development, and other factors. Where, in the opinion of the
Planning Board and Utility Department, a subdivision cannot be economically
connected to a County owned or operated sewage disposal system, the subdivision
must contain adequate area (based on information concerning the soil survey, water
table, type of water source, etc.) for the installation of private sewage disposal
systems, and must be approved in writing by the County Health Department. In
addition, where, in the opinion of the Planning Board and Utility Department, a
subdivision cannot be economically connected to a County owned or operated
sewage disposal system, the Developer or Subdivider may establish and create a
public sewage disposal system or connect the subdivision to an existing public
sewage disposal system. However, such created public sewage disposal system or
such sewage disposal system to be connected to an existing system shall be
approved by and meet the requirements of all federal, state and local governments,
including but not limited to the Division of Health Services, Department of Human
Resources of the State of North Carolina and the North Carolina Utilities
Commission.
B. Distance Specification: A Planned Unit Development shall be required to meet the
conditions of this section when the subdivision is located within that number of feet
of an existing county owned or operated sewage disposal system which equals the
product of the number of lots within the Planned Unit Development (including lots
to be developed in the future) multiplied by 100; PROVIDED HOWEVER, that the
maximum distance required for connection shall be 5,000 feet.
C. Subject to Capacity Sufficiency: In the event that a Planned Unit Development
should meet the distance specification requirements of Subsection B and the County
owned or operated sewage disposal system to which the Planned Unit Development
would connect shall be of insufficient capacity to permit the collection and treatment
of sewage from said Planned Unit Development, the subject Planned Unit
Development shall be relieved of the requirement to connect to such County system.
D. Review Requirements: When a Developer or Subdivider is required to install a
sewage disposal system pursuant to this section, prior to final approval of the record
plat, the plans for the sewage disposal system to be so installed shall be submitted to
the County Director of Public Utilities. The location, size, and specifications
of the sewage disposal system shall be placed upon said plat for review and
approval. The County Director of Public Utilities shall review the information
supplied and determine whether the plans meet the requirements of this section.
E. Plan Specification: The plans for a sewage disposal system to be installed pursuant
to this section shall show and/or state thereon such information as will indicate that
the system planned will meet, when constructed and installed, the requirements of
this section.
F. Sewage Disposal System Specifications: A sewage disposal system to be
constructed within a Planned Unit Development pursuant to this section and/or
connected to the County owned or operated system shall:
1. Be properly connected in such a manner as to adequately serve all lots
shown on the Planned Unit Development plat (including both present and
future lots).
2. Conform to the specifications of the Harnett County Department of Public
Utilities as provided by said Department and conform to the accepted
standards of good practice for sewage system construction, as specified by
the Division of Health Services, Department of Human Resources, of the
State of North Carolina (or any successor agency thereof) and as specified in
the Harnett County sewage system extension policy.
3. Be approved by the necessary Federal and/or State agencies prior to or at the
time of completion.
4. Conform to all Federal, State and/or local ordinances, rules, and regulations
relating thereto and any license and/or permits required thereby shall be
obtained.
5. Be constructed pursuant to the necessary contractual agreements required by
the policies, rules, and regulations of the Harnett County Department of
Public Utilities.
G. Construction Phased: When a Planned Unit Development is to be developed in
phases, the sewage disposal system required hereunder may be constructed in steps
simultaneous with the development of each phase of the development.
H. Planned Unit Developments Where Section Not Applicable: When located outside
the service area of a County owned or operated sewage disposal system and/or
outside the distance specifications, lot sizes within a subdivision may be allowed to
be reduced, provided adequate sewage disposal is provided from a community
sewerage system to be installed by the developer. If the subdivision does not meet
these provisions, it shall be considered under the regulations specified herein for
property not having public sewage disposal.
ARTICLE VI Off Street Parking Requirements
Section 6.0 General
Permanent off - street parking spaces shall be provided according to the requirements
set forth in the following sections.
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Section 6.1 Minimum Parking Space Requirements
Parking space requirements for the uses listed below is as follows:
(1) Residence, single family or two family - two (2) spaces for each dwelling unit
(2) Residence, multi- family — one (1) and one -half (' /�) spaces for each dwelling unit
(3) Golf Courses — four (4) spaces for each hole
(4) Public or Private Clubs and Community Centers — one (1) parking space for each
200 square feet of gross floor area.
(5) Restaurants — one (1) space for each four (4) seats, plus one (1) space for each two
(2) employees
(6) Shopping Centers — parking spaces for individual uses therein may be provided
collectively. Such parking spaces shall be provided on the basis of six (6) spaces for
each 1,000 square feet of gross floor space in the center.
(7) General or professional offices — one (1) space for each 200 square feet of gross
floor space plus one (1) space for each two (2) employees
(8) Retail uses not otherwise indicated — one (1) space for each 200 square feet of gross
floor space
(9) Industrial and wholesale uses — one (1) parking space for each employee on the
largest shift.
(10) Other unspecified uses — as approved by the Harnett County Board of
Commissioners following recommendations from the Planning Board and Planning
Department staff,
Section 6.2 Lighting
Except for single family and two family dwellings, all other parking areas shall be lighted
adequately by lighting fixtures which shall be so installed as to protect the streets and
neighboring properties from direct glare or hazardous interference of any kind.
Section 6.3 Improvements. Design and Location Standards
All off - street parking lots, except for single family and two family residences, including
exits, entrances and maneuvering and parking areas shall:
(1) Abut a dedicated street or alley
(2) Have access drives or lanes which are at least ten (10) feet wide for single lane
movement and twenty (20) feet wide for double lane movement
(3) Be graded so as to ensure positive drainage
(4) Be permanently maintained by the individual owner or by the Homeowners'
Association
Section 6.4 Parking Area Surface Requirements
All parking area surfaces and access drives of business, industrial, wholesale or
recreation uses shall be surfaced with concrete, asphalt or a minimum of six (6) inches of
compacted gravel and shall be maintained in a dust free condition.
Section 6.5 Individual Parking Space Size Requirements
The minimum width of each space is nine (9) feet and the length of each space is
twenty (20) feet. Except for parking lots whose surface is compacted, each parking space
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shall be marked. However, the requirement for marking spaces shall not apply to single
family residences but does apply to all other residential uses.
ARTICLE VII Off Street Loading Requirements
Section 7.0 General
All business, industrial, wholesale, recreation and other specified uses shall provide
off-street loading spaces sufficient to allow all loading and unloading of vehicles to take
place entirely within the property lines of the premises.
Industrial and Wholesale - Considered as one establishment: one berth for every 10,000
square feet of gross floor area plus one berth for each additional 10,000 square feet of gross
floor area up to 30,000 square feet plus one berth for every 30,000 square feet of gross floor
area or a portion thereof in excess of the first 30,000 square feet of gross floor area.
Recreation: for pro shops, community centers and other related strictures used for active
recreation one berth if over 10,000 square feet of gross floor area and one berth for each
additional 15,000 square feet of gross floor area up to 45,000 square feet. Clubhouses of less
than 10,000 square feet shall provide service drives but are not required to have a loading
dock.
Other Unspecified Uses: As approved by the Harnett County Commissioners following
recommendations from the Planning Board and Planning Department staff.
Section 7.1 Design Criteria
Loading berths shall have the following minimum dimensions: width —12 feet; length — 55
feet; and height clearance —15 feet.
Such berths shall be designed, along with the means of egress and ingress to such
berths, so as not to interfere with the free, normal movement of vehicles and pedestrians on
public rights -of -way.
Section 7.2 Requirements for Specified Uses
The minimum number of off-street loading berths to be provided by individual
establishments shall be according to the following schedule:
Retail Service Establishments: one berth for every 15,000 square feet of gross floor area;
however, two or more adjoining establishments with a total gross floor area of less than
specified herein shall be considered as one establishment.
ARTICLE VIII Sign Requirements
Section 8.0 General
It is the intent of this Ordinance that all signs erected or installed within a Planned
Unit Development have an aesthetically pleasing appearance which contributes to the area's
attractiveness. To achieve this goal, signs must be uniform in appearance and of a size
which is in direct proportion to the site upon which it's located. While it is recognized that
signs have a role to play in conveying information to the general public, it is also recognized
that improper use of signs can be detrimental to real estate development.
31
To accomplish this goal, no exterior sign may be erected, posted, re- posted, placed,
replaced, hung, re -hung, painted or re- painted except in compliance with this Ordinance and
any other applicable regulations.
Section 8.1 Prohibited Signs
(1) Any sign that obscures a sign displayed by public authority for the purpose of giving
traffic instruction, direction or other public information
(2) Any sign that uses the word "stop" or "danger" or is a copy of any other sign erected
by a public authority for the purposes of public safety
(3) Any sign that obscures or obstructs any window, door, fire escape, stairway, ladder
or opening intended to provide light, air, ingress or egress for any building as
required by law
(4) Any portable sign including any sign displayed on a vehicle when used primarily for
the purpose of such display; provided, however that this paragraph shall not apply to
temporary political signs
(5) Any sign that violates any provision of State or Federal Regulations relative to
outdoor advertising
(6) Outdoor Advertising Signs which include any outdoor sign, display, device, plaque,
poster, billboard or any other thing designed or intended to advertise or call attention
to a subject unrelated to the premises upon which the sign is located.
Section 8.2 Illumination
If illuminated, signs shall conform to the following requirements:
(1) Signs installed under the provisions of this ordinance shall be constructed to meet
the requirements of all applicable electrical codes.
(2) Signs using flashing, intermittent or moving lights are prohibited except those giving
public information such as time, temperature and date.
(3) Illuminated signs shall be limited to those lighted internally with glass or plastic
faces bearing the advertisement; provided however that exposed neon tubing and
exposed incandescent or other bulbs not exceeding fifteen (15) watts each shall be
permitted.
(4) Display lighting shall be shielded so as to prevent direct rays of light from being cast
into any adjoining property or vehicle approaching on a public right -of -way from
any direction.
Section 8.3 Setback Requirements
Free standing signs shall be set back at least ten (10) feet from any public right -of --
way or property line and fifty (50) feet from any road intersection, except for those signs
erected for orderly traffic control and governmental purposes or directional signs of less than
six (6) square feet.
Section 8.4 Calculation of Sign Dimensions
The square foot area shall be measured to include the entire sign including lattice
work, fencing or wall work incidental to its decoration. For signs consisting of individual
letters placed directly on a wall, building surface, awning or marquee, the area of the sign
32
shall be that of the smallest parallelogram within which all of the lettering combined can
be included.
Section 8.5 Sign Size Requirements
Signs for retail and service, industrial and wholesale and recreation facilities are
permitted as on- premise signs according to the following limitations:
(1) No sign shall project more that one (1) foot from any building wall.
(2) If suspended from under a canopy, the sign shall be not less than eight (8) feet above
the sidewalk, pavement or ground level.
(3) No sign shall be mounted on any roof nor shall any sign extend above any parapet
wall. For purposes of this Subsection, "roof' shall mean that portion of the entire
roof that covers the enclosed portion of the structure.
(4) Signs shall have a total display area in square feet per establishment no greater than
one -half square foot for each linear foot of building lot frontage, but in no case
greater than 300 square feet.
(5) Establishments within a shopping complex containing five (5) or more businesses
located in a unified building or group of buildings may have one (1) individual
storefront sign per business provided that no sign shall exceed 100 square feet.
Additionally, the shopping complex as a whole may have one (1) detached sign per
street front not to exceed 300 square feet in area per street front. No detached sign in
this category shall be taller than thirty-five (35) feet above grade.
(6) Any sign painted on a building wall shall meet all applicable requirements of this
section.
Section 8.6 Signs for Residential Uses
Signs for residential uses within Planned Unit Developments may be permitted
according to the following requirements:
(1) Each Planned Unit Development may have one (1) identification sign on each side
of the primary entrances to the site and shall not exceed fifty (50) square feet each.
Letters or designs on a permanent entrance monument are not "signs" for purposes
of Section 8.6(1).
(2) Subdivision identification signs shall be located on private property and shall be
installed so as to not interfere with the line of sight needed for safe movement onto
the intersecting road.
(3) Such signs may be lighted internally or externally. ]f lighted externally the lights
shall be shielded so as to not interfere with traffic flow or shine on adjoining
property.
Section 8.7 Application Procedure
Applications for permits to erect, hang, place, paint or alter the structure of signs
shall be submitted to the Administrator of this ordinance or his designee on forms available
from the Harnett County Planning Department. Each application shall be accompanied by a
plan showing the following:
(1) The exact location on the structure on which the sign is to be located
(2) Size, character, general layout and design of the sign and be accompanied by shop
drawings.
33
(3) The method and type of illumination, if any
(4) The location proposed for such signs in relation to property lines, intersections and
other existing signs
(5) If needed, the Administrator of this Ordinance may require additional information
which will enable him to determine if such signs are to be erected in conformance
with these regulations.
(6) Applicants shall pay any administrative fee established by the County at the time the
permit application is filed.
Section 8.8 Administration
The Administrator of this Ordinance or his designee shall issue a permit for the
erection or construction of signs which meets the requirements of this Ordinance.
ARTICLE IX Naming of Planned Unit Developments and Other Required Improvements
Section 9.0 General
All Planned Unit Developments shall establish a name that is reviewed and
approved during the review process. Other improvements including, but not limited to, street
signs and sidewalks are required.
Section 9.1 Naming of Planned Unit Developments
All Planned Unit Developments constructed within the jurisdiction of Harnett
County shall be named. Names shall be approved during the development review process
and exact or phonetic duplications of existing subdivision names shall not be allowed. The
use of initials, acronyms, letters, numbers and Roman numerals in subdivision names is
prohibited.
Subsections of a Planned Unit Development may also be named provided that such
subsections are clearly identified as being part of a larger development and shall be so
labeled on recorded plats.
Section 9.2 Street Signs
Street signs of a design approved by Harnett County are required and shall be
provided by the developer. All street signs shall be purchased through the County prior to
approval of any final plats. All street signs and other public signs may be mounted on
plaques and/or posts at the cost of the Developer if such installation does not distract from
the public purpose of the signs. Such non - standard signs shall be maintained by the
Homeowners Association of the PUD. All sign installation must be in accordance with the
regulations set forth by the Harnett County E911 Coordinator.
Section 9.3 Sidewalks
In clearly defined subsections of any Planned Unit Development in which the
residential density exceeds three (3) dwelling units per acre sidewalks shall be required.
Sidewalks shall be concrete and must be not less than four (4) feet wide. Sidewalks are
required on only one (1) side of the street.
M
Sidewalks shall be concrete and must be not less than four (4) feet wide. Sidewalks are
required on only one (1) side of the street.
ARTICLE X Lot and Setback Requirements
Section 10.0 General
Lots sizes and setbacks of structures are to be established by area on the preliminary
plat. Unless otherwise approved on the preliminary plat, lots and cul -de -sacs within Planned
Unit Developments must be designed according to the following criteria. And unless
otherwise approved on the preliminary plat, structures erected on lots must meet the setback
requirements specified herein.
Section 10.1 Lot Requirements
A Every lot intended for single family residence shall abut a public or private street for
a distance of at least eighty (80) feet except on the bulb of a cul- de-sac where forty
(40) feet is acceptable. In no case shall there be more than one (1) single family
residential structure and accessory building per lot.
B. Every lot intended for patio homes or townhomes shall abut a public or private street
for a distance of at least twenty (20) feet.
C. Minimum lot widths for all uses not herein addressed will be determined on a case -
by -case basis by the Board of Commissioners following a recommendation from the
Planning Board.
D. Lots intended for single family residences not served by public water and sewer
shall be at least twenty thousand (20,000) square feet in area.
E. Lots intended for single family residences and are served by a public water or sewer
system shall be at least fifteen thousand (15,000) square feet in area.
F. Lots intended for single family residences and are served by public water and sewer
service shall be at least ten thousand (10,000) square feet in area.
G. Double frontage or reverse frontage lots shall not be permitted.
H. Side lot lines shall be substantially at right angles or radial to street lines.
1. If septic tank systems are used, in no instance shall any lot be smaller than the size
specified by the Environmental Health Section of the Harnett County Health
Department.
J. Lots intended for apartments which have public water and public sewer service shall
abut a public or private street for at least ninety (90) feet. Density shall not exceed
twelve (12) units per acre.
K. Lots intended for apartments, which have public water or sewer service, shall abut a
public or private street for at least one hundred (100) feet. Density shall not exceed
nine (9) units per acre.
Section 10.2 Block Requirements (purposely deletedl
Section 10.3 Minimum Building Setback Requirements
A. The following minimum setbacks shall apply:
Front: 30' if the street right ofway is 60' or more. 35' if the street right of way is
less than 60'. All as measured from the front property line to the body of the
35
Side: 10' as measured from the side property line to the body of the structure on
one side of the structure. 5' as measured from the side property line to the
body of the structure on one side of the structure. In no case shall a fixed or
operating window, door, or other opening be less than 10' from a side
property line as measured from the property line to the fixed or operating
window, door, or other opening.
Side: (Corner Lot): 20' as measured from the property line to the body of the
structure as measured from the right -of -way line for the street abutting the
side of the lot.
Bay Windows and Fireplaces may incur into setbacks only if they are cantilevered
and have no foundation. Freestanding gazeboes, freestanding decks, sheds and
storage buildings are to be treated as accessary buildings. No accessory building
shall exceed 600 square feet in area based on exterior dimensions or be located
within 5 feet of any property line or easement. All accessory buildings shall be
located within the rear yard.
B. All measurements shall be taken from the right -of -way line. All required yards shall
extend across the full front width, rear width or side width of the lot.
Buildings used for non - residential uses, which do not share a common wall
shall be located at least 20 feet away from the nearest adjacent structure.
C. Cul -de -sacs shall not exceed two thousand (2,000) feet in length.. A minimum of a
six (6) inch water line shall be provided on all cul -de -sacs longer than one thousand
(1,000) feet in length.
Section 10.4 Special Requirements for Nonresidential Uses
Commercial, office and industrial uses may be part of a residential Planned Unit
Development provided such uses are approved as part of the Outline Development Plan.
Additionally, Planned Unit Developments which include a mixture of Commercial,
Office and Industrial uses without residential uses may be approved. Mixed use Planned
Unit Developments are subject to the following additional requirements:
A. Such areas of a specified size shall be planned as an integral part of the Planned
Unit Development.
B. Proposed uses are needed by and intended primarily for the service and
convenience of residents of the Planned Unit Development.
C. Such areas shall be so located and designed so as to provide direct access to a
major street without creating traffic hazards or congestion on other streets.
D. The layout of parking areas, loading areas, entrances, exits, landscaping, signs,
lighting, noise or other potentially adverse influences shall be such as to protect
the residential character within and adjacent to the Planned Unit Development.
E. No building designed or intended to be used, in whole or in part, for commercial
purposes shall be constructed prior to the construction of less than fifty (50 %)
percent of the dwelling units proposed in the plan or construction of one hundred
(100) dwelling units whichever is smaller.
36
F. Golf Courses open to the public and tennis clubs open to the public are not subject
to Section 10.4
Section 10.5 Dimensional Requirements for Nonresidential Uses
Industrial uses within Planned Unit Developments are subject to the following
dimensional requirements:
A. Industrial uses shall be located on a lot containing not less than one (1) acre
exclusive of any right -of -way.
B. The minimum lot width is 150 feet as measured at the front property line.
C. The minimum required front yard is 50 feet measured from the front property line.
No off street parking shall be allowed in the required front yard.
D. The minimum required rear yard is 25 feet measured form the rear property line.
E. The minimum required side yard is 25 feet except for corner lots. The yard on the
side of the lot abutting the side street shall be no less than 50 feet.
F. There is no maximum building height.
Commercial and office uses within Planned Unit Developments are subject to the
following dimensional requirements:
A. Commercial and office uses shall be located on a lot containing not less than
30,000 square feet exclusive of any right -of -way.
B. The minimum lot width is 100 feet as measured at the front property line.
C. The minimum required front yard is 35 feet measured from the front property line.
No off street parking or storage shall be allowed in the required front yard.
D. The minimum required rear yard is 25 feet measured from the rear property line.
E. The minimum required side yard is 25 feet except for comer lots. The yard on the
side of the lot abutting the side street shall be no less than 50 feet for corner lots.
ARTICLE XI Specialized Residential Uses Within Planned Unit Developments
Section 11.0 General
When approved as part of the Outline Development Plan and subsequent
preliminary and final plats certain types of specialized residential uses such as
townhomes, condominiums, patio homes, inns, congregate residences and continuing
care retirement facilities may be constructed according to the following requirements:
Section 11.1 Residential Uses
Condominiums shall meet all requirements of the North Carolina Unit Ownership Act and
all applicable Harnett County regulations.
Patio Homes when designed as single family residences built on individual lots on which
the dwelling meets the required setbacks in the front, rear and one (1) side
Inns containing the required ancillary facilities.
Congregate residences containing apartments and dwellings with communal dining
facilities and services provided such as housekeeping, recreation and transportation for
37
age- restricted unrelated able- bodied adults with assistance provided by a limited number
of staff.
Continuing Care retirement facilities providing a continuum of accommodations and care
from independent living to long -term care for an age- restricted population. Other permits
from the State of North Carolina are required for this type of facility. Plan approval by
Harnett County does not grant or imply such approval will be forthcoming.
ARTICLE XII Administration of the Ordinance
Section 12.0 Administration
This Ordinance shall be administered and enforced by the Chief Planner of Harnett
County or his designee and is hereby appointed in that capacity through adoption of this
Ordinance.
Section 12.1 Amendments
The Harnett County Commissioners may from time -to -time amend this Ordinance
according to North Carolina General Statutes. However, no amendment shall become
effective unless it shall have been proposed by or shall have been submitted to the
Harnett County Planing Board for review and recommendation. The Harnett County
Planning Board shall have sixty (60) calendar days within which to submit a
recommendation. If a recommendation is not submitted within the specified time, it shall
be deemed to have recommended approval of the proposed amendment.
Section 12.2 Conflicts
When the requirements of this Ordinance conflicts with the requirements of other
lawfully adopted rules, regulations or ordinances of Harnett County or deed restrictions
imposed by the developer or subdivider, the more stringent requirements shall govern.
Section 12.3 Fees
The Harnett County Board of Commissioners shall establish the fees to be paid by the
developer or subdivider for review of preliminary and final plats. However, no plats shall
be reviewed until all required fees have been paid.
Section 12.4 Duty of Register of Deeds
The Planning Board of Harnett County shall file a copy of this Ordinance with the
Register of Deeds of Harnett County. The Register of Deeds shall not thereafter file or
record a plat of a subdivision located within the applicable territorial jurisdiction of Harnett
County without the approval of the Planning Board and the County Commissioners, as
required in this Ordinance. The filing or recording of a plat of a subdivision without the
approval of the Planning Board and the County Commissioners as required by this
Ordinance, shall be null and void. The Clerk of Superior Court of Harnett County shall not
order or direct the recording of a plat where such recording would be in conflict with this
section.
R
Section. 12.5 Penalty
If a person who is owner or agent of the owner of any land located within the
territorial jurisdiction of Harnett County subdivides his land in violation of this Ordinance or
transfers land by reference to, exhibition of, or any other use of a plat showing a subdivision
of the land before the plat has been properly approved under this Ordinance and recorded in
the Office of the Register of Deeds of Harnett County, he shall be guilty of a 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 other made thereunder, shall be punishable by a fine not to exceed five
hundred dollars ($500.00). Each day such a violation shall be permitted to exist shall
constitute a separate offense
39
APPENDIX A
Certificates
The following certificates are required to appear on all final Planned Unit
Development plats or to appear on a separate sheet to be permanently attached to all final
Planned Unit Development plats.
Certification of Ownership. Dedication and Jurisdiction
I (we) hereby certify that I am (we are) the owner(s) or agent of the property shown and
described hereon and that I (we) hereby adopt this plan of a Planned Unit Development with
my (our) free consent, establish the minimum building setback lines, and dedicate all streets,
alleys, walks, parks, and other sites and easements to public or private use as noted, and all
of the land shown hereon is within the subdivision regulation jurisdiction of Harnett County
except:
19
(Date)
Tax Parcel ID Number
(Owner)
(Owner)
Certificate of Accuracy and Mapping
I, , certify that this map was (drawn by me) (drawn under my
supervision) from (an actual survey made by me) (an actual survey made under my
supervision) (deed description recorded in Book _, Page _; Book _, Page ; etc.)
(other) that the error of closure as calculated by latitudes and departures is ; that the
boundaries not surveyed are shown as broken lines plotted from information found in
(source)
Witness my hand and seal this day of 19
Registration Number:
(surveyor)
40
Certificate of Approval by the Planning Board
The Harnett County Planning Board hereby approves the final plat for the
Planned Unit Development.
19
(Date)
Chairman, Harnett County Planning Board
Certificate of Approval by the County Commissioners
The Harnett County Board of Commissioners hereby approves the final plat for
Planned Unit Development.
19
(Date)
Chairman, Harnett County Board of Commissioners
Certificate of Registration by Register of Deeds
North Carolina
Harnett County
Filed for registration on the _ day of at (am/pm) and duly recorded in the Map
Book _ at page _.
Register of Deeds of Harnett County
NOTE: N.C. DEPARTMENT OF TRANSPORTATION, HARNETT COUNTY
HEALTH DEPARTMENT AND HARNETT COUNTY PUBLIC
UTILITIES HAVE THEIR OWN STAMPS.
ORDD[A CFJPLANNED UNr DEWLOPM OR NM Ed.
41
DULY ADOPTED THIS 21st DAY OF February 2000
HARNETT COUNTY BOARD OF COMMISSIONERS
BY: Z, 6, zC�
Dan B. Andrews, Chairman
NORTH CAROLINA,
HARNETT COUNTY
I I-� e a to e h �b V, y�gdtll) a Notary Public of the County and State aforesaid,
certify that Dan B. Andrews personally came before me this day who being by me duly
sworn, deposes and says: that he is the Chairman of the Harnett County Board of
Commissioners and Kay S. Blanchard is the Clerk of said Board, that the seal affixed to
the foregoing instrument is the official seal of Harnett County, that said instrument was
signed and sealed by him, attested by the said Clerk and the County's seal affixed thereto,
all by authority of the Board of Commissioners of said County, and the said Dan B.
Andre5,g?knaoN ,edged said instrument to be the act and deed of Harnett County.
G P . raj �/F } >iJ
lop
tCCC> Notary Public
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,•. lldPfll71PliPi \\
NORTH CAROLINA
HARNETT COUNTY / /� r, y
The,fpregoing certii�i ate(s) of �(� %�T !/1 l�'��1 n5 I M ,
Notary Public (Notaries Public) is /are certified to be correct. T .s ' strumen w s
presented for registratio recorded in this offs eat Book Pag�
This day of e 4 U Y 4 2000 at � {fl o'clock .M , P.M.
Kimberly S. Hargrove
Register of Deeds
Harnett County By:
Regi er of Deeds,/ASsi., Deputy