2009/05/04 RESOLUTION IN SUPPORT OF HOUSE BILL 1007' R
Harnett
C O U N T Y
STATE OF NORTH CAROLINA
RESOLUTION IN SUPPORT OF
Board of Commissioners
www.hernen.org
7�mothy B. McNeill, Chauma't
Beatrice B. Hill, Vice Chairman
Dan B. Andrews
Gary A. House
Jim Burgin
Kay S. Blanchard, Clerk to the Board
PO Box 759
102 East Front Street
Lillington, NC 27546
HOUSE BILL 1007 ph: 910- 893 -7555
fax: 910- 814 -2662
COUNTY OF HARNETT
BE IT RESOLVED by the Board of County Commissioners of the County of Harnett that
the Board hereby requests the Legislative Delegation representing Harnett County to take the
following position and action on legislation regarding the following matter:
SUPPORT House Bill 1007, An Act Relating to Subdivision Recreational Facilities in
Harnett County, introduced in the 2009 Session of the General Assembly of North Carolina, a
copy of the current version of which is attached at Exhibit A that seeks to allow County of
Harnett to have within its subdivision control ordinance a provision whereby the county may
acquire recreational land or areas and develop and construct recreational facilities to serve the
development or subdivision, including the purchase of land or construction and development of
facilities that may be used to serve more than one subdivision or development within the
immediate area.
This the 4th day of May, 2009.
Timoth cNeill, Chairman
Harnett County Board of Commissioners to
tA
Attest: U u , ULdLG/ZQ
Kay S. Blaillchard, Clerk to the Board of Commissioners
strong roots • new growth
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GENERAL ASSEMBLY OF NORTH CAROLINA E � h; 6;
SESSION 2009
HOUSE BILL 1007
Short Title: Harnett/Subdivision Recreation Facilities. (Local)
Sponsors: Representative Love.
Referred to: Local Government I, if favorable, Finance.
April 2, 2009
A BILL TO BE ENTITLED
AN ACT RELATING TO SUBDIVISION RECREATIONAL FACILITIES IN HARNETT
COUNTY.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 153A- 331(c) reads as rewritten:
"(c) A subdivision control ordinance may provide that a developer may provide funds to
the county whereby the county may acquire recreational land or areas and develop and
construct recreational facilities to serve the development or subdivision, including the purchase
of land or construction and development of faciliti es that may be used to serve more than one
subdivision or development within the immediate area. A fee imposed under a su}utivisinn
residential construction lot.
The ordinance may provide that in lieu of required street construction, a developer may
provide funds to be used for the development of roads to serve the occupants, residents, or
invitees of the subdivision or development. All funds received by the county under this section
shall be transferred to the municipality to be used solely for the development of roads,
including design, land acquisition, and construction. Any municipality receiving funds from a
county under this section is authorized to expend such funds outside its corporate limits for the
purposes specified in the agreement between the municipality and the county. Any formula
adopted to detemvne the amount of funds the developer is to pay in lieu of required street
construction shall be based on the trips generated from the subdivision or development. The
ordinance may require a combination of partial payment of funds and partial dedication of
constructed sheets when the governing body of the county determines that a combination is in
the best interest of the citizens of the area to be served.
The ordinance may provide for the more orderly development of subdivisions by requiring
the construction of community service facilities in accordance with county plans, policies, and
standards. To assure compliance with these and other ordinance requirements, the ordinance
may provide for performance guarantees to assure successful completion of required
improvements. If a performance guarantee is required, the county shall provide a range of
options of types of performance guarantees, including, but not limited to, surety bonds or letters
of credit, from which the developer may choose. For any specific development, the type of
performance guarantee from the range specified by the county shall be at the election of the
developer.
The ordinance may provide for the reservation of school sites in accordance with
comprehensive land use plans approved by the board of commissioners or the planning board.
For the authorization to reserve school sites to be effective, the board of commissioners or
planning board, before approving a comprehensive land use plan, shall determine jointly with
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General Assembly of North Carolina Session 2009
the board of education with jurisdiction over the area the specific location and size of each
school site to be reserved, and this information shall appear in the plan. Whenever a
subdivision that includes part or all of a school site to be reserved under the plan is submitted
for approval, the board of commissioners or the planning board shall immediately notify the
board of education. The board of education shall promptly decide whether it still wishes the site
to be reserved and shall notify the board of commissioners or planning board of its decision. If
the board of education does not wish the site to be reserved, no site may be reserved. If the
board of education does wish the site to be reserved, the subdivision may not be approved
without the reservation. The board of education must acquire the site within 18 months after the
date the site is reserved, either by purchase or by exercise of the power of eminent domain. If
the board of education has not purchased the site or begun proceedings to condemn the site
within the 18 months, the subdivider may treat the land as freed of the reservation."
SECTION 2. This act applies to Harnett County only.
SECTION 3. This act is effective when it becomes law.
Page 2
House Bill 1007 -First Edition