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08/18/08 Zoning Text Amendment Art IV Sec 8.0HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article IV "General Provisions" Section 8.0 "Buffers" of the Zoning Ordinance shall be amended to read as indicated in Attachment. "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 18`h day of August, 2008 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS y eatrice B. Hill, Vice Chairman ATTEST:Kow . &n L � / Kay S. Blanc dKay S. Blanc d, Clerk to the BoardBoardd ATTACHMENT SECTION 8.0 BUFFERS 8.1 General: Buffers shall be required in accordance with the Land Use Relationships table in this section in an effort to reduce environmental and aesthetic impacts of development, and to screen public right(s) -of -way and adjacent property. 8.2 Development Exempt from Approval: The following activities or uses shall be exempt from Buffer requirements in this section: A. Public Improvement Projects - The construction of any public street or utility service line, whether publicly or privately owned. B. Maintenance- Maintenance of any structure is exempt from site plan review. C. Agricultural- The use or intended use of land, with or without accessory structures, for purposes of agriculture, raising of crops or animals, forestry, maculture and the like. D. Single Family Residence- Single family residences, including manufactured homes, are exempt from buffer requirements, but shall comply with all other requirements regarding single family residences and manufactured homes. E. Home Occupation- Home occupation as defined in this Ordinance. F. Accessory Structures Integral to Permitted Development- Any accessory structure or use, whether temporary or permanent, integral to an approved development permitted in accordance with the provisions of this tide. Such accessory structure or use shall comply with the design and performance provisions of this Ordinance. G. Temporary Uses, Nonmaterial-Those activities of short duration that do not materially affect the area's natural environment, parking requirements, transportation patterns, public health, or economic values shall be reviewed for approval by the Zoning Administrator. 8.3 Responsibility of requirements: One hundred percent (100%) of the applicable buffer requirements shall be the responsibility of the developer, unless expressly provided otherwise. 8.4 Standards for Trees and Shrubs: Required trees and shrubs shall meet the following standards, except as may be specifically provided elsewhere in the Ordinance: A. Large Maturing Tree- All required large maturing trees shall have a minimum caliper of two (2) inches, measured six (6) inches above the proper planting level, and a minimum height of six (6) to eight (8) feet at the time of planting. B. Shrub- Shrubs shall be a minimum of two (2) to three (3) feet in height at time of planting. 1. Shrubs planted for screening purposes shall form the density necessary to fulfill the requirements of this Ordinance within two (2) years from the time of planting 2. Shrubs planted to meet berm requirements shall be exempt from the minimum height requirement listed in Subsection B, above. C. Ground Cover- Ground cover shall include evergreen or organic covering, and provide one hundred percent (100 %) coverage within one (1) year of planting, except for mulch or turf which shall provide one hundred percent (100 %) coverage upon installation. Organic mulch or inorganic materials (such as river rock) may be utilized to fulfill the ground cover requirement of this Ordinance but may not be substituted for required plantings. D. All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock published by the American Association of Nurserymen, free of disease, and in otherwise sound and healthy condition. 8.5 Existing Vegetation: The retention of existing vegetation shall be maximized to the extent practical, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees. A. If it is demonstrated that existing vegetation meets the intent of this section, the Zoning Administrator may waive some or all of the requirements for the planting(%). Such waiver shall be considered only after an inventory of existing vegetation to be utilized has been provided by the developer. Said inventory shall indicate the type, number, and size of each existing plant to be utilized. It shall not be necessary to include the total number of plants, only those being utilized to fulfill the requirements of this Ordinance. B. Plantings to be utilized shall be maintained without injury and with sufficient area for the root system to sustain the plant. Protective care and restraint barriers shall be utilized at the drip line of any trees to be utilized. C. If plantings are damaged during construction or die within two (2) years of issuance of a Certificate of Occupancy (CO), replanting shall be a minimum of 120 percent (120 %) of the requirement at the time of site plan approval. 8.6 Maintenance of Buffer: The owner(s) of the property where the buffer or screening is shall be responsible for maintaining the buffer and all required plantings in good condition. 8.7 Buffering of Expanded Uses: Expansion of a use existing prior to the effective date of this Ordinance shall be required to come into conformance with all buffer requirements. 8.8 Development Sureties: When it is impractical to plant required screening during optimal planting seasons, the owner(s) of the property upon which the required screening is to be located may, in lieu of requiring the completion and installation of any and all improvements prior to zoning approval, enter into a written agreement with the Planning Department whereby the owner(s) shall agree to complete all required improvements within a specific date, but in no case shall said time period exceed six (6) months. Once said agreement is signed by both parties and the security required herein is provided, the project may be approved by the Planning Department, if all other requirements of this Ordinance are met. To secure this agreement, the owner(s) shall provide, as approved by the Planning Department, either one (1) or a combination of the following guarantees equal to one and one quarter (1.25) times the entire cost of the improvements secured: A. Surety Performance Bond(s): The owner shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina and approved by the Harnett County Planning Department. The bond shall be payable to Harnett County and shall be in an amount equal to one and one quarter (1.25) times the entire cost, as estimated by a licensed engineer 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 owner(s). B. Cash or Equivalent Security: The owner 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 Harnett County Planning Department. The amount of deposit shall be equal to one and one quarter (1.25) times the entire cost, as estimated by a licensed engineer, 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 owner(s) shall file with the Harnett County Planning Department an agreement between the financial institution and himself guaranteeing the following: That said escrow amount will be held in trust until released by the Hamett County Planning Department and may not be used or pledged by the owner(s) in any other transaction during the term of the escrow. 8.9 Default: Upon default, meaning failure on the part of the owner(s) to complete the required improvements in the time allowed by this Ordinance or as spelled out 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 owner(s) any funds not spent in completing the improvements. 8.10 Release of Guarantee Security: The County may release a portion of any security posted as the improvements are completed and recommended for approval by the Zoning Administrator. Within thirty (30) days after receiving the Zoning Administrator's recommendation, the Harnett County Planning Department shall approve or disapprove said improvements. When the Harnett County Planning Department approves said improvements, it shall immediately request release the portion of the security posted which covers the cost of the improvements approved. 8.11 Required Screening Types: In situations where a development is adjacent to multiple uses then the buffer requirement for each use shall be required along each property line otherwise the development shall follow the requirements listed below. 8.12 Land Use Relationships: The following land use relationships shall be used to determine required screening and buffering as provided in "Required Screening Types ". All uses listed in Use Group Level One (1) shall be exempt from buffer requirements. Proposed Use Type A T eB Type C Buffer Fifteen (15) feel (applies to side and Thirty (30) feet (applies to the front, Ten It 0) feet (applies to area between Width: rear property lines) side, and rear property lines) right-of-way and building front) Type A. C REQUIRED SCREENING: A REQUIRED SCREENING: A REQUIRED SCREENING: A Required staggered row of large maturing trees, staggered row of large maturing trees, staggered row of large maturing Screening: spaced not more than fifty (50) feet spaced not more than fifty (50) feet trees, spaced not more than fifty (50) 9 apart; and apart; and feet apart, supplemented by five (5) low growing shrubs for every OPTION 1: A row of evergreen OPTION 1: An opaque fence located required large maturing tree, shrubs placed not more than four (4) within the required buffer area; such to six (6) feet apart which will grow to fence shall be a minimum height of six form a continuous hedge of at least (6) feet in height, finished side of fence six (6) feet in height within two (2) must face out; or years of planting; or OPTION 2: A bens (maximum of 3:1 OPTION 2: A masonry wall located slope) and planting combination, with within the required buffer area; such the berm an average height of three wall shall be a minimum height of six (3) feet and dense plantings which will, (6) feet (above finished grade;) and, when combined with the bens, if a block wall, it shall be painted on achieve a minimum height of six (6) all sides; or an opaque fence six (6) feet and seventy-five (75) percent feet in height, finished side of fence opacity within two (2) years. must face out; or OPTION 3: A berth (maximum of 3:1 slope) and planting combination, with the berm an average height of three (3) feet and dense plantings which will, when combined with the berth, achieve a minimum height of six (6) feet and seventy-five (75) percent opacity within two (2) years. Ground Low - growing evergreen shrubs, evergreen ground cover, or mulch covering the balance of the buffer. Cover: 8.12 Land Use Relationships: The following land use relationships shall be used to determine required screening and buffering as provided in "Required Screening Types ". All uses listed in Use Group Level One (1) shall be exempt from buffer requirements. Proposed Use Adjacent Use Group t Group 2 Group 3 Group 4 Group 1 None None None None Group 2 Type A. C Type C Type C Type C Group 3 Type A. C Type A, C Type C Type C Group 4 Type B T B Type A, C T eC A. Refer to the "fable of Use'I'ypes and Regulations" for Use Group Level B. If a specific use is not mentioned then it will be the duty of the Zoning Administrator to determine which existing use is most closely related to the proposed use in order to determine which group to classify the use under. Further, the following Use Group Levels are assumed for undeveloped land: Residential and Conservation zoned land is Use Group Level One (1), Office & Institutional zoned land is Use Group Level Two (2), Commercial zoned land is Use Group Level Three (3), and Light Industrial and Industrial zoned land are Use Group Level Four (4). 8.13 Alternative Buffers and Screening: In heu of compliance with the above buffer and screening requirement, an applicant may submit to the Planning Board for review and approval a detailed plan and specifications for landscaping and screening. The Planning Board may approve the alternative buffering and screening, upon finding that the proposal will afford a degree of buffering and screening, in terms of height, opacity, and separation to or exceeding that provided by the above requirements. In such cases where the required buffering may create a sight distance conflict with an existing or proposed driveway, the required trees may be clustered with other plantings so as to maintain a proper sight distance. Planning Board approval shall not be required in such a case. 8.14 Utility & Mechanical Screening: All non - residential and multi-family developments mechanical, utility equipment which is located on, beside, or adjacent to any building or developments shall be fully screened from the view of public right(s) -of -way and adjacent property. The screen shall exceed the height of the equipment by a minimum of one (1) foot, shall not interfere with the operation of the equipment, and shall use one (1) or a combination of the following screening techniques: A. Building materials and design which are compatible with those used for the exterior of the principal building or B. Large maturing evergreen trees or other acceptable alternative approved by the Zoning Administrator. In situations where mechanical and utility equipment is (are) located on the roof of a structure, all devices will be fully screened from the view of streets or adjacent property using technique A (above). 8.15 Trash Containment Areas Screening: All trash containment devices, including compactors and dumpsters, shall be located and designed so as not to be visible from the view of adjacent right(s) -of -way and properties. If the device is not visible from off the site, then it need not be screened. The type of screening used shall be a continuous row of large maturing evergreen trees or other acceptable alternative approved by the Zoning Administrator.