2009/06/15 RESOLUTION AMENDING THE HC SUBDIVISION REGULATIONSHARNETT COUNTY
NORTH CAROLINA
A RESOLUTION AMENDING THE
HARNETT COUNTY SUBDIVISION REGULATIONS
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 amendment to the articles of the
Subdivision Regulations 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 V "Design Standards ", Section 5.7
"Easements" of the Subdivision Regulations shall be amended to read as indicated in
"Attachment ".
Duly adopted this 15th day of June, 2009 and effective upon adoption.
HARNETT COUNTY BOARD OI»COMMISSIONERS
Tim-othy
Mar� �
� _ Clerk to the Board
ATTACHMENT
SECTION 5.7 EASEMENTS
SECTION 5.7.1 GENERAL EASEMENT REQUIREMENTS
A. The Harnett County Development Review Board may require easements of widths
deemed adequate for the intended purpose where necessary or advisable for electric
power, conduits, storm and sanitary sewers, street trees, and gas, water, and other
utilities.
B. Unless justification can be made by the applicant as to why it is not feasible, all
easements shall follow property lines.
C. No permanent structure shall be located within any easement. Driveways, sidewalks, and
other similar means of ingress and egress shall be permitted to perpendicularly cross any
easement where necessary for access.
D. Any lot area contained within an easement shall not be utilized to achieve the minimum
square footage required for said lot.
SECTION 5.7.2 DRAINAGE EASEMENTS
Where a subdivision is traversed by a drainage way or stream, an adequate easement shall be
provided as may be required by the DRB and other local, State, and Federal agencies. The
location, width, alignment, and improvement of such drainage way or easement shall be subject
to the approval of the Development Review Board. Parallel streets or parkways may be required
in connection therewith. Where necessary, storm water drainage shall be maintained by
landscaped open channels of adequate size and grade to hydraulically accommodate maximum
potential volumes of flow, subject to review and approval by the DRB.
SECTION 5.7.3 OFF -SITE SEPTIC EASEMENTS
In cases where suitable soils are not available for the establishment of on -site septic system and
repair area, off -site septic easements shall be permitted according to the following requirements:
A. General Off -Site Septic Usage Requirements
1. Prior to approval of an off -site septic easement, applicants shall attempt to adjust
lot lines or recombine parcels to acquire adequate, suitable soils for an on -site
septic system.
2. All septic systems, septic lines, and repair areas shall be designed by a Registered
Professional Engineer or Licensed Soil Scientist.
3. Any lots for which an off -site septic system is either used or located shall be
identified on the Deed of Record.
B. Major Subdivisions
1. Individual off -site septic systems shall be limited based upon the number of lots
on the approved preliminary subdivision plat. No more than ten percent (10 %)
of the total lots shall utilize off -site septic systems. In cases where the number of
lots changes, the number of allowable off -site septic systems shall be adjusted
accordingly.
2. Off -site septic easements shall be contained only within common open space of
the subdivision.
3. All off -site septic easements shall be separate and distinct from one another and
shall be of sufficient size to accommodate the total area required by the Harnett
County Department of Environmental Health, plus any additional area necessary
to allow vehicular movement for repair or expansion purposes in case of future
system failure.
4. Common open spaces areas shall have a minimum of one (1) access easement to
allow for utilization by all owners of property within the subdivision. Access
easements shall be a minimum of twelve (12) feet in width and shall include an
identification sign.
5. All supply line systems shall be installed by a professional licensed to do said
work and shall be inspected and approved the Harnett County Department of
Environmental Health prior to approval and recordation of the final subdivision
plat.
6. A Declaration of Covenants and /or Homeowners' Association By -Laws shall
state the following:
a. All benefits and burdens of the covenants and restrictions shall be
binding upon the successive owners of each parcel.
b. Those lots burdened by access easements shall be explicitly identified.
c. Homeowners' Association shall conduct a program of regular septic
easement monitoring, maintenance, and repair. Said program shall be
published and recorded in the Harnett County Register of Deeds
including a reference of the map book and page of the final subdivision
plat map.
C. Minor Subdivisions
1. No minor subdivision shall utilize off -site septic easements.
D. Existing Lots
Regulations regarding location of off -site septic systems and easements within common
open space areas shall not apply to septic system, septic line, and repair area failures on
existing lots.
1. Any failure shall be determined by the Harnett County Department of
Environmental Health or other appropriate local, State, or Federal agency.
2. Applicant shall attempt to locate off -site septic systems on a lot immediately
adjacent to the lot on which the failure occurred. Lots separated by right(s) -of-
way shall not be considered immediately adjacent.
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