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2003/03/03 RESOLUTION AMENDING THE HC SUBDIVISION REGULATIONS TEXT03J O -D103 HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY SUBDIVISION REGULATIONS TEXT WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County Subdivision Regulations on April 7, 1977 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 -330; and WHEREAS, the Subdivision Regulations contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the proposed amendments to the Harnett County Subdivision Regulations and recommends the adoption of the following amendments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that the Subdivision Ordinance be amended by deleting and replacing Article III, Sections 3.3.1, 3.7.1, 3.7.2, 3.7.2.A, 3.7.2.13, 3.7.2.13(1), 3.7.2.D, 3.7.3 with the following text Section 3.3.1 Expiration of Approved Plats Any minor subdivision plat that has received sketch plan approval but has failed to receive final plat approval from the Planning Department within 180 days from the date of that approval shall be null and void. Any preliminary major subdivision plat consisting of a single phase which has failed to receive final plat approval from the Planning Department within 365 days from the date of preliminary plat approval shall be null and void. Major subdivisions consisting of multiple phases must have received final plat approval from the Planning Department for at least one phase within 365 days from the date of preliminary plat approval or the approval shall be null and void. Section 3.7.1 Preparation of Final Plat and Installation of Improvements Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. Prior to approval of a final plat, the subdivider shall have installed the improvements provided herein. No final plat, which contains private streets will be accepted for review by the Subdivision Administrator unless accompanied by written notice prepared by the subdivider's engineer acknowledging compliance with the improvement and guarantee standards of this Ordinance. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time; such portion shall conform to all requirements of this Ordinance. Section 3.7.2 Improvements Guarantees In lieu of requiring the completion, installation and dedication of any and all improvements (e.g., roads, water, sewer, street lights, etc.) prior to final plat approval, the Planning Department may enter into a written agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreements is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Department, if all other requirements of this Ordinance are met. To secure this agreement, the subdivider shall provide, as approved by the Planning Department, either one or a combination of the following guarantees equal to 1.25 times the entire cost of the improvements secured: A. Surety Performance Bonds) 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 Planning Department. The bond shall be payable to Harnett County and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider 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 subdivider. B. Cash or Equivalent Security The subdivider 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 1.25 times the entire cost, as estimated by the subdivider, 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 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 Harnett County Planning Department and may not be used or pledged by the subdivider in any other transaction during the term of the escrow. C. Default Upon default, meaning failure on the part of the subdivider 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 subdivider any funds not spent in completing the improvements. D. Release of Guarantee Securiri The County may release a portion of any security posted as the improvements are completed and recommended for approval by the Subdivision Administrator. Within thirty (30) days after receiving the Subdivision 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 release the portion of the security posted which covers the cost of the improvements approved. Section 3.7.3 Submittal Procedure The Subdivider shall submit the final plat, so marked, to the Subdivision Administrator for approval. The Subdivision Administrator may approve final plats that reflect minor modifications of the approved preliminary plat on determining that the modifications continue to be consistent with the Planning Board's preliminary plat approval - i.e., that the modifications are necessary to comply with conditions of approval or would not significantly change the subdivision's general function, form, intensity, character, demand on public facilities, relationship to a local road network, relationship to adjacent properties, or other characteristic from that indicated by the preliminary plat approval. Before making such a determination, the Subdivision Administrator shall review the record of the proceedings on the application for preliminary plat approval and consider whether any proposed modification would raise compliance issues in addition to those considered by the Planning Board in approving the preliminary plan. D. Certificate of Approval of the Design and Construction of Streets I hereby certify that all streets and other required improvements have been installed in an acceptable manner and according to Harnett County specifications and standards in the Subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Planning Department of Harnett County has been received, and that the filing fee for the plat has been paid. Harnett County Subdivision Administrator The Planning Department shall review the final plat and shall approve or disapprove within thirty (30) days. If the final plat is disapproved by the Planning Department, the reasons for such disapproval shall be stated in writing, specifying the provisions of this Ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) print of the plat shall be retained by the Planning Department. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit plat for reconsideration by the Planning Department. The The subdivider shall file the approved final plat with the Register of Deeds of Harnett County within thirty (30) days of approval; otherwise such approval shall be null and void. Duly adopted this 3rd day of March, Two Thousand Three and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS eatrice B. Hill Vice Chairman i F; ATTEST: ^ Kay S. Sanchard Clerk to the Board