2005/03/21 RESOLUTION AMENDING THE HC SUBDIVISION REGULATIONS TEXTO31aI�o5
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
adding the following text to Article V Section 5.11 Streetscape Buffers (New Section);
Article V. Design Standards
Section 5.11 Streetscape Buffers: All subdivisions with more than six (6) lots that have lots that
abut a state maintained road shall be required to adhere to the following streetscape buffer
requirements for all lots that adjoin an existing state maintained road:
• Developments with lots that abut a major thoroughfare shall be buffered with a minimum
thirty (30) foot buffer measured from the right -of -way.
• Developments with lots that abut all other state maintained roads shall be buffered with a
minimum fifth teen (15) foot buffer measured from the right -of -way.
5.11.1 Streetscape Buffer Types: One (1) of the following screening techniques must be used
within all buffers:
i
1. A row of evergreen conifers or broadleaf evergreens placed not more than five
(5) feet apart which would grow to form a continuous hedge of at least six (6)
feet in height within two (2) years of planting supplemented with large maturing
trees every fifty (50) feet; or
2. A masonry wall located within the required buffer; such wall shall be a
minimum height of six (6) feet (above finished grade;) and, if a block wall, it
shall be painted on all sides, supplemented with large maturing trees every fifty
(50) feet; or an opaque fence six (6) feet in height finished side of fence must
face out supplemented with large maturing trees every fifty (50) feet; or
3. A berm (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 berm, achieve a minimum height of six (6) feet and seventy-five (75)
percent opacity within two (2) years.
5.11.2 Standards for Trees and Shrubs: Required trees and shrubs shall meet the following
standards:
1. Shrubs shall be a minimum of three (3) Gallon at time of planting.
2. All required large maturing trees shall have a minimum caliper of two (2) inches
measured six (6) inches above the proper planting level.
3. 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.
5.11.3 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.
5.11.4 Modification:of Planting Types: If it is demonstrated that existing vegetation meets the
intent of this section, the subdivision administrator may waive the requirements for the plant
material.
5.11.5 Alternative Buffers and Screening: In lieu 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 streetscape buffering. The Planning Board may approve the
alternative streetscape buffering, 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.
5.11.6 Ownership and Maintenance of Streetscape Buffers: The developer shall be completely
responsible for the installation and initial maintenance of all required streetscape buffers; until
ownership changes th rough one of the methods described below:
a. Ownership with a homeowners association: In the situation where a homeowners
association will be established for the proposed subdivision then the homeowners
association shall be responsible for modifications, maintenance, removal, or damage to
the streetscape buffer. This requirement shall be clearly labeled on the preliminary and
final plats for all proposed subdivisions.
Note: (The developer shall remain responsible for all ownership and maintenance of
streetscape buffers until a homeowners association has been completely established.)
b. Ownership without a homeowners association: In the situation where there is not going
to be a homeowners association established for the proposed subdivision then the
streetscape buffer shall be left under control of the lot owner provided that each lot that
contains a streetscape buffer must have a deed recorded with a restriction that the
streetscape buffer remain undisturbed, further the restriction must state that the land
owner shall be responsible for modifications, maintenance, removal, or damage to the
streetscape buffer. This requirement shall be clearly labeled on the preliminary and final
plats for all proposed subdivisions.
5.11.7 Prohibited ! Uses within the Streetscape Buffers: The following uses shall be
prohibited from being located within the streetscape buffer.
1. All Structures
2. Storage of equipment
3. Playground equipment and other similar structures
4. Driveways with the exception of main entrances to the subdivisions.
Duly adopted this 21st day of March, Two Thousand Five and effective upon adoption.
Y BOARD OF COMMISSIONERS
Teddy 9. Byrd
Chai
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ATTEST:
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an
Kay S..Blanchard
Clerk to the Board