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HomeMy WebLinkAboutManufactured Home Park Ordinance Adopt 2003Ord BOUK � is ldffluj�� L-A HARNETT COUNTY MANUFACTURED HOME PARK ORDINANCE Adopted by the Barnett County Board of Commissioners September 15, 2003 HARNETT COUNTY MANUFACTURED HOME PARK ORDINANCE Adopted by the Harnett County Board of Commissioners September 15, 2003 Harnett County Board of Commissioners Teddy J. Byrd, Chairman Beatrice Hill, Vice Chairman Walt Titchener Dan B. Andrews Tim McNeill Harnett County Planning Board Harold Butts Jr., Chairman Kenneth Shaw, Vice Chairman John M. McKoy Howard Penny Jr. Wiley Pope Ronald L. Thomas Harriette L. Ray Harnett County Manufactured Home Park Steering Committee Jerry Blanchard, Director General Services Curtis Bullion, Board of Adjustment Harold Butts, Planning Board Chairman Cathy Gardner, Planning Department Mark Locklear, Planner Rose Mclamb, Board of Adjustment Howard Penny, Planning Board Billy Strickland, Planning Inspector Ronald Thomas, Planning Board Walter Weeks, Board of Adjustment Chairman Joseph Jeffries, Manager of Planning Services Manufactured Home Park Ordinance Page 2 TABLE OF CONTENTS Article I Purpose Article II Jurisdiction Article III Authority Article IV Title Article V Definitions Article VI Procedures for securing approval of a Manufactured Home Park 6 Procedures and Site Plan Check List 6 Article VII Existing Manufactured Homes Parks 9 Article VIII General Requirements 9 Streets — Maintenance 9 Skirting 10 Accessory Buildings 10 Additions 10 Address 10 Registration of Occupants 10 Ground Cover 10 Solid Waste Disposal 10 Prohibited Uses and Structures 10 Fence 11 Mailboxes I 1 Sign I 1 Carports 1 I Article IX Design Standards 11 Minimum Park Size 12 Minimum Lot Size 12 Maximum Density 12 Building Setbacks 12 Streets 12 Parking Pad 13 Sidewalks 13 Open Space and Recreational Areas 13 Flood Hazard Areas 13 Lighting 13 Landscape Requirements 13 Article X Utilities and Storm Drainage 15 Water Supply System 15 Storm Drainage 17 Article) M Maintenance of Park and Facilities 17 Article X11 Business Ucense 17 Article XIII Variance 18 Article XIV Enforcement and Penalties 19 Manufactured Home Park Ordinance Page 3 ARTICLE I PURPOSE The purpose of this Ordinance is to regulate and guide the establishment of manufactured home parks in order to promote the public health, safety, and general welfare of the citizens of Harnett County, North Carolina. The Manufactured Home Park shall be located in such a manner as to be compatible with the character of existing development of surrounding properties, thus ensuring the continued conservation of building values and encouraging the most appropriate use of land in the County. ARTICLE H JURISDICTION These regulations shall govern existing, the alteration or expansion of existing manufacture home parks, and the establishment of new manufactured home parks within the jurisdiction of Harnett County. ARTICLE III AUTHORITY The provisions of the Ordinance are adopted under authority granted by the General Assembly of the State of North Carolina, with particular reference to Article 6 of Chapter 153A of the North Carolina General Statutes. ARTICLE IV TITLE This Ordinance shall be known and may be cited as the Manufactured Home Park Ordinance of Harnett County, North Carolina. ARTICLE V DEFINITIONS AND INTERPRETATIONS Interpretation of Certain Terms and Words A. Words used in the present tense include the future tense. B. Words used in the singular number include the plural, and words used in the plural number include the singular. C. The word "shall" is always mandatory and not merely directory. D. The word "may" is permissive. E. The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied. Manufactured Home Park Ordinance Page 4 Accessory Structure — A structure or building located on the same lot and customarily incidental to the principle.building. Adjacent - Having a common border such as a lot line or street right -of -way. Automobile, Abandoned - A motor vehicle which is left on private property without the consent of the owner, occupant, or lessee of the property. Automobile, Junked - A motor vehicle that is (1) partially dismantled or wrecked; or (2) cannot be self - propelled or moved in the manner in which it was originally intended to move; or (3) does not display a current license plate. Berm - A mound of earth with a minimum slope of 3:1. Carport — Roofed structure providing space for the parking of motor vehicles with no enclosed walls or sides. Cul- de-Sac — The turnaround at the end of a dead -end street. The right -of -way of a cul- de -sac shall have a radius of 50 feet. The radius of the paved portion of the turnaround (measured to the outer edge of the pavement) shall be 35 feet. Common Areas - Land amenities, certain buildings and facilities owned and designated by the owner of the project. Construction - Erection, alteration, excavation, demolition, or similar work on any development authorized by such permits. Dripline — An imaginary ground line around a tree that defines the limits of the tree canopy. Fence or Wall — A barrier constructed of material or combination of materials erected to enclose, screen, or separate areas. Habitable — A space in a building for living purposes, which includes working, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space. Manufactured Home - A structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width, 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein; except that such term will include any structure which, meets all the requirements of this paragraph, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established Manufactured Home Park Ordinance Page 5 under the National Manufactured Housing Construction and Safety Standards Act of 1974, U.S.C. Section 5401 et seq. Manufactured Home Lot - A manufactured home lot is a piece of land within a manufactured home park; (a) whose boundaries are delineated in accordance with the requirements of the Ordinance, and (b) that is designed and improved in accordance with the requirements of the Ordinance to accommodate a single manufactured home. Manufactured Home Park- A manufactured home park is (1) A parcel of land or adjacent lots or a group of lots within 500 feet of each other in single ownership designed to provide three or more manufactured home spaces or three or more manufactured homes (any combination of homes and spaces) (2) A piece of land designed in accordance with the Manufactured Home Park Ordinance and approved by the Harnett County Planning Board. Manufactured Home Spaces - A plot of land within a manufactured home park designed for the accommodation of a single manufactured home in accordance with the requirements set forth in the Ordinance. Motor Home — a structure that is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and is designed for temporary use as sleeping quarters. Operator - Shall mean the person responsible for the operation of a manufactured home park. Open Space —1s an area left in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities. Not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests. Pave or paving - To cover with concrete, asphalt, brick, stone slabs or blocks (such as cobblestones), or other manufactured products (such as concrete blocks) having the characteristics of concrete, asphalt, brick, or stone. Paved - Covered with pavement. See definition herein. Pavement - Asphalt surface course that shall meet NCDOT specifications for Type 1 -2 asphalt. The asphalt shall be placed in one two -inch layer, and shall be handled and placed in accordance with NCDOT specifications. Recreation, Active - Activities, organized and often performed with others, and requiring equipment (i.e. basketball, swimming and tennis). Manufactured Home Park Ordinance Page 6 Skirting — A weather - resistant material designed expressly for a Manufactured Home used to enclose the space from the bottom of the Manufacture Home to grade. Swimming Pool - Any structure, chamber, tank in ground or above ground containing an artificial body of water which is used for swimming, diving, wading, recreation or therapy together with all buildings, appurtenances and equipment used in connection with the body of water. Street, Collector - A street that serves as the most probable and convenient access route between any public street connected to the manufactured home park and collect traffic from a minimum of 100 manufactured home lots. Street, Minor - All streets within the manufactured home park that do not meet the definition of collector streets. Street, Through — A road which serves as a connecting road system between public thoroughfares. Tie Downs - Galvanized steel cables or strapping which "tie" a manufactured home and its steel frame to anchors embedded in the ground. Tract - A tract is a piece of land whose boundaries have been described or delimited by a legal instrument or map recorded in the office of the register of deeds. ARTICLE VI PROCEDURE FOR SECURING APPROVAL OF MANUFACTURED HOME PARK Manufactured Home Parks shall only be developed within the RA -20M Zoning Districts as a Conditional Use. Prior to the construction, expansion, and alteration of a new or existing manufactured home park the developer shall make application and receive approval from the Harnett County Board of Adjustment, Planning Board and Zoning Administrator. A. Prior to submitting an application to the Harnett County Board of Adjustment and Planning Board, the Developer shall submit an application for a land use permit, accompanied by a preliminary site plan to the Zoning Administrator for review and approval. The purpose of the land use permit review is to provide the developer with respect to the procedures and requirements of this ordinance, and advise him /her of any changes or additions that may be necessary to bring the proposed park into compliance with this ordinance or with regulations of other County or State agencies having jurisdiction over the site. Manufactured Home Park Ordinance Page 7 The following information shall be included on the preliminary site plan submitted to the Planning Board and Board of Adjustment: 1. The park plan shall be drawn at a scale no smaller than 1 inch = 100 feet and must be drawn by a Registered Engineer or Professional Land Surveyor and shall include the following: 2. The Park name and names, addresses & phone numbers of owner or owners, the professional land surveyor, date, scale, and North arrow. 3. Boundaries of the tract shown with bearings and distances. 4. Site plan showing: A. Streets location, design, width, length, street names approved by the Harnett County E -911 addressing coordinator B. Traffic circulation C. Off street parking pads D. Open space areas and Recreational equipment E. Buffers location, width, and type of screening option (refer to Article IX, K) F. Street Trees G. Wooded areas, marshes, swamps, ponds, or lakes, streams or stream beds and any natural features H. Easements I. Manufactured home lots and building envelope (setbacks) J. Address numbers K. All structures to be located on the park site L. Total acreage of the park and each lot M. Total number of lots 5. Vicinity map showing the location of the park and the surrounding land usage. 6. Names of adjoining property owners 7. Solid Waste Disposal Plan In addition to the information stated above the following should be included on the preliminary site plan for the Planning Board: 8. If street intersects with a public street, the developer shall provide an approved driveway permit required by the North Carolina Department of Transportation 9. Linear feet of each street Manufactured Home Park Ordinance Page 8 10. Engineered Storm Water Drainage Plan 11. Sidewalks location, width, thickness, and slope 12. Notation of the Watershed District and impervious surface calculations 13. The existing and proposed utility system for: A. Surface water drainage B. Street lights C. Water supply D. Sewage disposal facilities. 14. Certification of approval of water supply system plans by (a) the Harnett County Health Department for a system with less than fifteen (15) connections or (b) the Sanitary Engineering Section, Division of Health Services North Carolina Department of Human Resources for a system with fifteen (15) or more connections. 15. Certification of approval of sewerage collection systems by (a) the North Carolina Department of Natural and Economic Resources, Division of Environmental Management, for a system with surface discharge, or four non - domestic liquid waste or (b) the Harnett County Health Department for systems with subsurface disposal systems. 16. Topographic map with contour intervals of no greater than ten (10) feet drawn at an engineering scale. 17. FEMA 100 -year floodway and floodway fringe boundaries, FEMA 500 -year floodway fringe boundaries. 18. If located within the Water Supply Watershed — provide impervious surface calculations, refer to the Harnett County Water Supply Watershed Management and Protection Ordinance for specific regualtions 19. Phase plan if applicable 20. Any conditions that the Board of Adjustment attached to the project B. After receiving approval of the park plan, from the Harnett County Board of Adjustment, Planning Board, and other relevant agencies, the Planning Department shall issue the land use permit. C. If the park plan fails to receive approval, the reasons for such action and the recommended changes shall be given in writing to the developer or his agent. Manufactured Home Park Ordinance Page 9 D. If less than 10% of the total cost of construction (refer to definition of Construction) of the manufactured home park has not begun within twelve (12) months from the issued date of the land use permit, the Board of Adjustment may grant an extension of the permit if it concludes that the permit has not yet expired, and if the applicant shows reasonable cause for delay, or that conditions have not changed so substantially as to warrant a new application, not to exceed two years. However, the Board of Adjustment has the authority to require the proposed park to resubmit their plan. If, after some physical alteration to land or structures begin to take place, such work is discontinued for a period of one year, then the permit shall immediately expire. E. Upon completion of construction of the manufactured home park or each phase, the developer shall then apply for a business license. ARTICLE VII EXISTING MANUFACTURED HOME PARKS A. Manufactured Home Parks existing at the time of adoption of this ordinance shall, within one (1) year after the adoption of this ordinance shall be required to comply with Article VIII, Article Xl, and Article XIl of this ordinance. B. Existing parks shall not be allowed to alter, expand or decrease the number of lots unless the park receives approval as required by Article VI, and complies with the requirements set forth in this ordinance. C. After the adoption of this ordinance no manufactured home built prior to 1976 will be allowed to locate or move within a manufactured home park or within the jurisdiction of Harnett County. ARTICLE VIII GENERAL REQUIREMENTS A. Only one (1) manufactured home shall be parked on any manufactured home space at one time. B. No manufactured home shall be located or moved within the jurisdiction of Harnett County without obtaining the proper permits required by local or state laws. C. All manufactured homes shall be properly anchored in accordance with the State of North Carolina regulations for manufactured homes. D. Street(s) - Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the park. Such streets shall be maintained in a Manufactured Home Park Ordinance Page 10 manner to be free from pot holes, breaks in pavement, rough surfaces, standing water and associated problems which would impede or cause hazards to motor vehicles. E. Skirting - All manufactured homes shall have the entire perimeter skirted at all times. F. Accessory Building - One (1) Accessory Building is permitted per lot. a. Shall not exceed 120 square feet in size b. Shall be located in the rear yard, refer to Article IX, D for additional requirements c. Shall be compatible to the principal dwelling in terns of exterior building material and color d. Existing structures authorized by permit and structurally sound shall be allowed to remain G. Additions - No Living compartment or structure other than that of a prefabricated structure specifically designed for manufactured home use or extension shall be added to any manufactured home parked within the jurisdiction of this ordinance. a. This excludes front and rear uncovered porches and decks not exceeding 100 square feet. H. Address Numbers - Each manufactured home park owner shall provide an addressing system approved by the Harnett County E -911 addressing specialist. Each lot shall display the approved number with a minimum of four (4) inches in size and shall be composed of reflective materials of contrasting colors. I. Registration of Occupants — Every manufactured home park owner shall maintain an accurate register containing a record of all occupants, owners of manufactured homes, and a description of each home in the park. The register shall be available for inspection at all times by authorized county representatives. Also, in accordance with NC General Statute 105- 316(a)(1), park owners shall furnish to the County Tax Supervisor a copy of the register before January I" of each calendar year. J. Ground Cover - In order to control erosion, all land areas shall be protected by landscape material and vegetative ground cover. K. Solid Waste Disposal - The park operator will operate or provide for the operation of a solid waste disposal system, including providing park tenants with appropriate containers. Individual containers shall be waterproof and rodent proof. The method of garbage disposal shall be noted on the plan and approved by the Board of Adjustment. Manufactured Home Park Ordinance Page 11 L. Prohibited Uses and Structures a. The transfer of a manufactured home space or spaces either by sale or by any other means within a manufactured home park. b. The storage of abandoned or junk vehicles c. The storage of unhabitable Manufactured Homes d. Travel Trailer and /or Motor homes as a permanent residence e. Storage of possessions and equipment under the manufactured home f. No part of the park shall be used for nonresidential purposes, excluding facilities related to the maintenance of the park. M. Fence — are not allowed unless approved as part of the park plan a. This excludes temporary pet containment areas that do not exceed 120 square feet. b. The fence or wall shall be made of any suitable and durable material that is intended for a fence. N. Mailboxes — the owner shall install and maintain mailboxes in good condition to allow for postal delivery service for each resident, in accordance with local, state, and federal standards. 0. Sign — the owner shall be required to provide a park sign a. Shall identify the name of the park and a telephone number at which the park owner or operator may be contacted. b. Shall be located so as that the sign is visible from rights of way and all entrances of the park. c. Minimum size of 16 square feet. d. Shall be constructed of weather - resistant material designed expressly for signs. e. All components shall be kept in a state of good repair. P. Carports — prefabricated structure without any foundation or footings and is designed so as when the use for which the temporary structure was erected has ceased the structure shall be removed. a. Refer to Article IX, D for additional requirements b. Material shall be rigid and compatible to the principal dwelling in terms of exterior building material and color c. Properly anchored Manufactured Home Park Ordinance Page 12 ARTICLE IX DESIGN STANDARDS A. Minimum Park Size a. Every manufactured home park shall have a minimum area of five (5) contiguous acres. (See definition of "Manufactured Home Park") B. Minimum Lot Size a. 6,000 square feet with both public water and sewer b. 10,000 square feet with public water or sewer c. 20,000 square feet no public water or sewer C. Maximum Density a. Six (6) units per acre a) Refer to The Harnett County Watershed Protection Ordinance for impervious surface requirements D. Yard; Separation of Manufactured Homes a. The manufactured home and accessory structures shall be located not less than twenty -five (25) feet from the park boundary line and ten (10) feet from planting or landscape areas. b. Each manufactured home shall be located not less then thirty (30) feet from any other manufactured home, principal building. c. Accessory structures shall be located not less than ten (10) feet from a manufactured home or principle building. E. Streets; Access a. All streets within a park shall be paved (See definition of "Paved "), and collector streets and through streets connecting two (2) public streets or extending to adjacent properties shall be built to the minimum construction standards required by the State Department of Transportation, including storm drainage facilities. b. Cul -de -sacs streets shall not exceed 1,000 feet in length. c. All dead -end streets shall be developed as cul -de -sacs. d. All street names shall be approved by the Harnett County E -91 I Addressing Coordinator e. With the exception of through streets described above, every street shall have a minimum paved width of eighteen (18) feet. In addition, every such street shall lie within a cleared right -of -way having a minimum width of thirty (30) feet. f Each manufactured home space shall abut upon an improved street which shall have unobstructed access to a public street. g. No manufactured home space shall have direct vehicular access to any public street other than those thoroughfares located within the manufactured home park. Manufactured Home Park Ordinance Page 13 h. A letter of Certification by a N.C. Professional Engineer that the road meets NCDOT Construction Standards and proper storm drainage facilities F. Off Street Parking Pad (Refer to diagram 1.1) a. Two (2) paved parking spaces per lot b. Minimum length 22 feet and minimum width 9 feet per space G. Sidewalks (Refer to diagram 1.1) Sidewalks shall be required along one side of all collectors and through streets in accordance with the following standards a. Material - concrete b. Minimum thickness — 4 inches and 6 inches at driveways c. Minimum distance of 3 feet from edge of pavement d. Minimum width — 5 feet e. Minimum slope toward roadway of not less than '/4 inch per foot nor greater than '/2 inch per foot f. Shall comply with ADA standards H. Open Space and Recreational Facilities a. Minimum size - Eight (8 %) gross area of the manufactured home park. b. One (1 %) of the gross area shall be used for active recreational facilities c. One -half of the open space area may be covered by water d. Shall be reasonably accessible from all parts of the park, this will be determined by the Planning Board Development in Flood Hazard Areas Manufactured home parks shall not be located in areas that are susceptible to regular flooding as noted on FEMA Maps. Existing Manufactured Home Parks located in Flood Hazard areas shall not be allowed to add additional spaces or manufactured homes. Manufactured home parks shall be graded so as to prevent water from ponding or accumulating on the premises. I Lighting Adequate lights shall be provided to illuminate streets, common driveways, walkways, and dead end streets for the safe movement of vehicles and pedestrians at night. The minimum size street light shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. K. Landscape and Planting strip Requirements The manufactured home park shall have a planting strip not less than ten (10) feet wide and a screen from the ground to a height of at least six (6) feet along the perimeter of the entire park. The planting strip shall contain one or a combination of the following screening options a) berms, b) shrubs, c) trees, d) fence or wall, and /or e) existing vegetation may be used if approved by the Planning Board. The strip shall be kept free of all encroachments by buildings, parking areas, or impervious surfaces. Manufactured Home Park Ordinance Page 14 All required landscape and planting strips must be continually maintained by the owner. a. Berms a) Minimum height of five(5) feet b) Minimum crown width of three (3) feet c) Maximum slope of 3:1 d) Supplemented with shrubs 1 to 4 feet in height so as to create a continuous barrier e) Maintained with a groundcover vegetation or grass for stabilization b. Shrubs a) Must be evergreen b) Shall reach a height of six (6) feet within three years of planting c) Three (3) gallon minimum planting size d) Must be planted five (5) foot on center or spaced so that a continuous vegetative screen is established within three (3) years. e) Supplemented with large deciduous trees c. Trees a) Small and Large Evergreen 1. Five (5) gallon minimum planting size 2. Must be planted ten (10) feet on center or spaced so that a continuous vegetative screen is established within three (3) years. b) Large Deciduous 1. Minimum 2" in caliper at planting 2. Must be planted thirty (30) foot on center 3. Supplemented with shrubs 1 to 4 feet in height so as to create a continuous barrier d. Fence or Wall a) Minimum height six (6) feet b) Solid c) Supplemented with trees or shrubs planted every thirty (30) feet on the outside d) Finished side must face toward rights -of -way L. Storage Areas Fenced and screened communal storage areas provided by the park owner for boats, campers, and other accessory vehicles belonging to park residents (refer to Section K for fencing and screening requirements) Manufactured Home Park Ordinance Page 15 ARTICLE X UTILITIES AND STORM DRAINAGE Each lot in a manufactured home park shall be served by a properly approved water and sewerage system. Water Supply System A. Connection Requirement: As to any manufactured home park which is created after this revised Ordinance and is located within that number of feet of an existing county owned or operated water supply and distribution system as is specified in Subsection B below, whether the manufactured home park is located within or without the service area of an existing county owned or operated public water supply and distribution system, the developer shall cause a water distribution system, meeting the standards herein specified, to be constructed and installed in such manufactured home park and shall further cause said water distribution system to be connected to the existing county owned or operated public water supply and distribution system which is located as specified in said Subsection B. This requirement also applies to new phases of existing manufactured home parks when these phases have not been previously approved by the Harnett County Planning Board. B. Distance Specification: A manufactured home park shall be required to meet the conditions of this section when the manufactured home park is located within that number of feet of an existing county owned or operated water supply and distribution system which equals the product of the number of lots within the manufactured home park (including lots to be developed in the future) multiplied by 100; PROVIDED HOWEVER, that the maximum distance required for connection shall be 5000 feet. C. Subject to Capacity Sufficiency: In the event that a manufactured home park should meet the distance specification requirements of Subsection B and the county owned or operated water supply and distribution system to which the subdivision would connect shall be of insufficient capacity to permit the delivery of water to said manufactured home park, the subject manufactured home park shall be relieved of the requirement to connect to such county system. D. Review Requirements: When a developer is required to install a water distribution system pursuant to this section, prior to final approval of the manufactured home park, the plans for the water distribution system to be so installed shall be submitted to the County Director of Public Utilities. The location, size and specifications of the water distribution system shall be placed upon said plat for review and approval. The County Director of Public Utilities shall review the information supplied and determine whether the plans meet the requirements of this section. Manufactured Home Park Ordinance Page 16 E. Plan Specification: The plans for a water distribution system to be installed pursuant to this section shall show and /or state thereon such information as will indicate that the system planned will meet, when constructed and installed, the requirements of this section. F. Water Distribution System Specifications: A water distribution system to be constructed within a manufactured home park pursuant to this section and /or connected to the county owned or operated system shall: a. Be properly connected in such a manner as to adequately serve all lots shown on the manufactured home park plat (including both present and future lots) for domestic use and fire protection. b. Conform to the specifications of the Harnett County Department of Public Utilities as provided by said Department and conform to the accepted standards of good practice for water system construction, as specified by the Division of Health Services, Department of Human Resources, of the State of North Carolina (or any successor agency thereof) and as specified in the Harnett County water system extension policy. C. Be approved by the necessary federal and /or state agencies prior to or at the time of completion. d. Conform to all federal, state and /or local ordinances, rules and regulations relating thereto and any license and /or permits required thereby shall be obtained. e. Be constructed pursuant to the necessary contractual agreements required by the policies, rules and regulations of the Harnett County Department of Public Utilities. G. Fire Protection: In manufactured home parks with new roads where an adequate public water supply system is available, the developer shall install fire hydrants in such a manner that the manufactured home park is afforded adequate fire protection or as provided in the local government water system extension policy. Fire hydrants shall be located in such a manner that no lot is further than five hundred (500) feet from a hydrant. The distance between hydrants is measured along the street centerlines. Water lines on which fire hydrants are to be installed shall be not less than six (6) inches in diameter. There shall be no closed or dead end lines servicing the fire hydrant locations in the manufactured home park, unless an alternate method is approved. H. Manufactured Home Parks Where Section Not Applicable: When located outside the service area of a county owned or operated water supply and distribution system and /or outside the distance specifications, lot sizes within a manufactured home park may be allowed to be reduced, provided adequate water is available for domestic use from a community water system to be installed by the developer; and provided six (6) inch water lines are installed to service fire hydrant locations such that no lot is farther than five hundred (500) feet from such a location, and stub outs with gate valves are provided at Manufactured Home Park Ordinance Page 17 said fire hydrant locations. If the manufactured home park does not meet these provisions, it shall be considered under the regulations specified herein for property not having public water available. Construction Period: When a manufactured home park is to be developed in phases, the water distribution system required hereunder may be constructed in steps simultaneous with the development of each phase of the manufactured home park. Storm Drainage A. The owner shall provide for adequate drainage of all surface water. B. Based on the 25 year design storm, runoff from a site shall be calculated based on conditions prior to development. This shall be considered the pre - development flow. Post development runoff shall then be calculated based on the proposed site conditions and using the 25 year design storm. The storm water management system must show that the post development flow does not exceed pre- development flow. Unless a Professional Engineer Certifies impacts downstream are negligible and downstream systems can carry the increase flow without impacting other properties. C. Prediction of the peak flow rates shall be a calculation using the procedure in the USDA Soil Conservation Service Method, the Rational Method, or other acceptable calculation procedure. D. The storm drainage plans shall be certified by a N.C. Professional Engineer ARTICLE XI MAINTENANCE OF PARK AND FACILITIES The park owner and occupants shall keep all park owned facilities, manufactured home spaces, improvements, equipment, open space, recreational and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding and harborage. The County shall have the authority to remove, abate, or remedy everything that is dangerous or prejudicial to the public health. The expense of the action shall be paid by the park owner in default, and, if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes. ARTICLE XII BUSINESS LICENSE All manufactured home parks shall maintain a valid business license. The business license issued to the applicant shall constitute the authority to operate the manufactured home park in accordance with this ordinance. The business license shall expire after a two year period or at the sale of the park to a new owner and must be renewed to be valid. The Planning Department shall withhold all permits to parks without a valid business license. Failure to obtain a valid business license within six (6) months from the adoption date of this ordinance shall be subject to Article XIV of this ordinance. Manufactured Home Park Ordinance Page 18 Health Department A. All manufactured home parks in Harnett County shall be inspected by the Harnett County Health Department at least once every two (2) years. The business license of parks with sewerage problems based on current North Carolina sanitation regulations may be revoked upon request from the Harnett County Health Department. B. Upon determination that an existing sanitary sewerage system has a valid operation permit or a valid certificate of completion and is operating properly in a manufactured home park, the Harnett County Health Department shall issue authorization in writing for a manufactured home to be connected to the existing system and to be occupied. Notwithstanding the above requirement, an improvement permit is not required for the connection of a manufactured home to an existing system with a valid operation permit or a valid certificate of completion in a manufactured home park. (N.C. Gen. Stat. 130A -337 Q. ARTICLE XHI VARIANCE The Harnett County Board of Adjustment may grant a variance from the Manufactured Home Park regulations when, in its opinion, undue hardship may result from strict compliance. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Ordinance render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. In granting any variance, the Board may attach such conditions to the approval as it deems necessary and appropriate to satisfy the following standards, to reduce or minimize any injurious effect of such variance upon other property in the neighborhood, and to ensure compliance with other requirement of this ordinance No variance shall be granted unless the Board finds: A. That there are special circumstances or conditions affecting said property such that the strict application of the provisions or this ordinance would deprive the applicant of the reasonable use of his land. B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. C. That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this Ordinance. D. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which said property is situated. Manufactured Home Park Ordinance Page 19 E. That the variance does not confer on the applicant special privileges or be in contradiction to other local, state, or federal regulations. ARTICLE XIV ENFORCEMENT AND PENALTIES A. Enforcement If the Harnett County Planning Department finds that any of the provisions of this Ordinance are being violated, it shall notify in writing the park owner for the violation, specifying the nature of the violation and what corrective measures must be taken. The Planning Department shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any one (1) or more of the following methods or action authorized by law to insure compliance with or to prevent violation of the provisions of this Ordinance. B. Penalties a. Civil Penalty i. Any person(s) failing to take corrective action within 30 days after receiving written notice from the Harnett County Planning Office shall subject themselves to a civil penalty of up to five hundred dollars ($500.00). Failure to pay the penalty with ten (10) days from receipt of the notice of Civil Penalty shall subject themselves to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. ii. Each day such violation exist shall constitute a separate offense. iii. No civil penalty shall be levied more than once unless and until the Planning Department shall deliver a written notice by personal service or by registered mail or by certified mail, return receipt requested, to the property owner or person responsible for each violation. b. Revoke the Park's Business License. c. Injunction i. Enforcement may also be achieved by injunction. When a violation occurs the County may either before or after the institution of any other authorized action or proceeding, apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction commanding the defendant, or in the case of counterclaims the plaintiff, to correct the unlawful condition or cease the unlawful use of the property. d. Order of Abatement i. The County may apply for and the court may enter an order of abatement. An order of abatement may direct that buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other movable property be removed; that improvements or repairs be made; or that any other action be taken that is necessary to bring property into compliance with this ordinance. Whenever the party is cited for contempt by the court and the County executed the order of abatement the County shall have a lien, in the nature of a mechanic's and Manufactured Home Park Ordinance Page 20 materialman's on the property for the cost of executing the order of abatement. e. Criminal Prosecution i. Violations of this ordinance shall constitute a misdemeanor or infraction as provided by General Statutes and the maximum fine, term or imprisonment or infraction penalty allowed by law is hereby authorized. C. Right of Appeal If any initial permit or business license is denied, revoked, or notice of violation is issued the applicant has 30 days to appeal the action of the Zoning Administrator to the Board of Adjustment. Beyond the decision of the Board of Adjustment, recourse shall be to the Courts as provided by law. Adopted this 15'h day of September, 2003. ATTEST: HARNETT COUNTY COMMISSIONERS Beitrice B. Hill, Vice hairman Kay S.J91anchard, Clerk to the Board Manufactured Home Park Ordinance Page 21