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HomeMy WebLinkAboutManufactured Home Park Ordinance Adopt 1990348 MANUFACTURED HOME PARK ORDINANCE Pf HARNETT COUNTY, NORTH CAROLINA ARTICLE I TITLE, PURPOSE, AUTHORITY, JURISDICTION, EXISTING MANUFACTURED HOME PARKS, BUFFER ZONES FOR NEW MANUFACTURED HOME PARKS, AND EFFECTIVE DATE Section 1.0 Title This Ordinance shall be known and may be cited as the Manufactured Home Park Ordinance of Harnett County, North Carolina. Section 1.1 Purpose The regulations as herein set forth have been made for the purpose of promoting the health, safety, and general welfare of Harnett County Manufactured Home Park residents. Section 1 2 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. Section 1.3 Jurisdiction These regulations shall govern the establishment and maintenance of manufactured home parks. Provisions of the Ordinance shall apply uniformly to all areas within the Jurisdiction of Harnett County. Section 1.4 Existing Manufactured Ho Park, Manufactured home parks existing at the time of adoption of this Ordinance shall be allowed to continue operation in their present form as long as they meet the provisions of Article Iv and maintain a valid business license. Existing parks shall not be allowed to expand or increase in size unless such expansion meets fully the requirements set forth in this Ordinance. Also, existing parks which wish to expand must establish a barrier, divider or an appropriate fence for a buffer zone when real estate is unavailable. The Buffer Zone must surround the existing park as well as the Proposed expansion. Within three (3) months after the adoption of this Ordinance all existing manufactured home parks shall be required to provide the Harnett County Planning Board with a statement of the number of manufactured home lots within the park, if this was not done within the allotted six :(6) Month period after the adoption of the I986 Ordinance. Parks which have not supplied the required Information will be prohibited from obtaining set -up permits for mobile homes to be placed in the park.' Section 1.5 1 verab,ility of Ordinance Should any section of provision of this Ordinance be decided by a court of competent Jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Section 1.6 Effective Date This Ordinance shall be effective from and after the date of its adoption by the Harnett County Board of Commissioners. 349 ARTICLE II INTERPRETATIONS OF TERMS AND DEFINITIONS Section 2.1 Mtero rotation 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. Section 2.2 Definitions 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 i1) 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. Junk - Junk is any such motor vehicles that are partially dismantled or wrecked and cannot be self-propelled or moved in the manner in which it was originally intended to move, or machinery and /or materials in which no specific or expressly written purpose can be provided. Manufactured Home - a manufactured home is a structure that: (a) consists of a single unit completely assembled at a factory or of two (double -wide) or three Itriple- :aide) principal components totally assembled at the factory and joined together at the site; and (b) is designed so that the total structure for in the case of a double -wide or triple - wide, each component thereof) can be transported on its own chassis; and (c) is over thirty -two (32) feet long and over eight (B) feet wide; and (d) is designed to be used for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and (e) is actually being used, or is held ready for use, as a dwelling; and (f) is not permanently attached to a foundation. A structure that is Otherwise defined herein as a manufactured home is permanently attached to Its foundation if; (I) the foundation Was Constructed in such a way ar at such expense 'as to make, it unlikely that the manufactured home placed upon it will later be, removed; or (2) if the mobile home cannot be ?emoved from,the- foundation without great expense or severe damage to the manufactured home. Manufactured-Home tot - q manufactured home lot is a piece of lard,!, within a',manufactured home park; (a) whose boundaries are. delineated in ' accordance with the requirements of 'the,Or.dinance; 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 lot, adjacent lots ,or a,group of lots within 900 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 Par): �. Ordinance and approved by the Harnett County Planning Board. Manufactured Home S 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. 350 Operator - Shall mean the person responsible for the operation of a manufactured home park. Recreation Area or Park - An area of land and /or water resources that is developed for active and/or passive recreation pursuits with various man -made features that accommodate such activities. 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 a minimum of twenty manufactured home lots. Street. Minor - All streets within the manufactured home park that do not meet the definition of collector streets. Tie Downs - Galvanized steel cables or strapping which 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. Variance - A modification of the terms of this Ordinance where, owing to conditions peculiar to the property, a literal enforcement of this Ordinance would result in an unnecessary hardship. ARTICLE III HARNETT COUNTY PROPOSED MANUFACTURE HOME PARk MINIMUM STANDARDS Section 3.1 Minimum Park Size Manufactured home parks created after the adoption of this Ordinance by the Harnett County Board of Commissioners must be a minimum of two (2) acres of contiguous land in total park size and shall contain at least three (3) manufactured home lots /spaces at first occupancy. Manufactured home parks developed in phases shall be required to develop a minimum of three (3) lots in the first phase and a minimum of four (4) lots in all additional phases except where the remaining lots to be developed are less than four (4). Section 3.2 Minimum Lot Size The minimum manufactured home lot area shall be 6,000 square feet. Where public water and sewer are not supplied, the minimum lot area shall be 20,000 square feet. Where either a public water or a public sewer system is provided, the minimum lot size shall be 10,000 square feet. Each manufactured home lot shall be clearly established on the ground by permanent monuments or markers. Section'3.3 Relationships of Structures to Other Structures Each manufactured home shall be located not less that twentv (201 feet from any other manufactured home, not less than twenty (20) feet from any building within the manufactured home park, except in the case of accessory structures an the manufactured home lot in which case ten (10) feet shall apply. Each manufactured home shall be located not less than twenty (20) feet from the park boundary line or ten feet from the planting strip (whichever is applicable), and not less than thirty five (35) feet from the edge of any street right -of -way. Section 3.4 Footings and Outdoor L' 'na Area The supports of all manufactured homes located within a manufactured home park shall rest upon footings which meet the standards set forth in the "State of North Carolina Regulations for Manufactured Homes" booklet. Section 3.5 Flood Hazard Manufactured home parks shall not be located in areas that are susceptible to regular flooding as noted on FEMA Maps. Existing Mobile Home Parks located in Flood Hazartl areas shall not be allowed to add additional spaces Or manufactured homes. Manufactured home parks shall be graded so as to prevent Ovate- from ponding or accumulating on the premises. 351 Section 3,6 Planting Strio The manufacturetl home park shall have a planting strip not less than ten 110) feet wide adjacent to the park boundary extending along the entire perimeter of the manufactured home park. The planting strip shall not be a portion of any manufactured home space', street. or private drive. It shall be planted with evergreen and /or deciduous trees not more than eight (a) feet apart and adequately landscaped with grass and shrubbery in such a manner as to be harmonious with the landscaping and /or the adjacent properties and in keeping with the general character of the surrounding neighborhood. A privacy fence at least six feet in height may meet the buffering requirement in such instances where landscaping is impracticable or in instances where the Planning Board determines that a fence would be the most effective buffer. _ All required Planting Strips must be continually maintained by the owner. Failure to maintain any required planting strip may cause the mobile home park's business litense to be with -held or revoked. The buffering requirement may be waived by the Harnett County Planning Board along any boundary which is naturally screened by trees and shrubbery and/or topography. Section 3.7 Nonresidential Uses No part of any park (no Property on the same deed as the manufactured home park) may be used for nonresidential purposes, except uses that are required for the direct servicing and well being of park residents and for the management and maintenance of the park. This section shall not be construed to prohibit the sale of a manufactured home located on a manufactured home lot and connected to the pertinent facilities. Section 3.8 Parking Each manufactured home park shall provide sufficient parking and maneuvering space so that the parking, loading, or maneuvering of a manufactured home incidental to parking shall not necessitate the use of any public street, sidewalk, or right - of -way or any private grounds not part of the manufactured home park. Two off - street parking spaces, each with a minimum length of twenty (SO) feet and a minimum width of nine 19> feet shall be provided for each manufactured home lot in the park. The parking spaces shall be constructed with the same material as the interior streets. Section 3.9 Exterior Lighting Adequate lights shall be provided to illuminate streets, common driveways, wAll- ways, 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 interval=_ of not mare than 300 feet. Section 3.10 Utilities. Each lot in a manufactured home park shall be served by a properly approved water and sewerage system, -A. Water- Suoblv'- Svstem 1,. Connection Requirement: As to any manufactured home park- which is created after this revised Ordinance and is- located within. that number of -feet stfi an ex isting`county,owned or operated water supply and dl str ibut ion' system" as is specified in ''Subsection B below, whether. the. manufactured home park isi, located within or without.the service area of an existing .county owned or .operated public water :supply and .distribution system,- the developer or subdivider ,shall- cause a water distribution , system,,meeting the standards herein specified, to be constructed and installed in such manufactured home parkand '.shall Lfurther 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 S. 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. 352 Consideration shall be given to the acreage of an entire tract and the number of potential lots therein, .taking into account topography_ feasibility of the land for further manufactured home park development, and other factors. Where, in the opinion of the Planning Board and Utility Department, a manufactured home parr: cannot be economically connected to a county owned or operated water distribution system, the manufactured home park must contain adequate area (based on information concerning the soil survey, water table, type of sewage disposal, etc.) for the installation of private water supply systems, and must be approved in writing by the County Health Department. In addition, where, in the opinion of the Planning Board and Utility Department, a manufactured home park cannot be economically connected to a county owned or operated water distribution system, the developer or subdivider may establish and create a public water supply system or connect the manufactured home park to an existing public water supply system. However, such created public water supply system or such water distribution system to be connected to an existing system shall be approved by and meet the requirements of all federal, state, and local governments, including but not limited to the Division of Health Services, Department of Human Resources of the State of North Carolina and the North Carolina Utilities Commission. Distance Specification: q 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 awned 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 1001 PROVIDED HOWEVER, that the maximum distance required for connection shall be 5000 feet. 3. 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. �. Review Requirements: When a developer or subdivider 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, sire 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. 5. 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. 353 ' 6. 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. Conform to the specifications of the Harnett County Department of Public Utilities as provided by said Department and ,rform 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. Be approved by the necessary federal and/or state agencies prior to or at the time of completion. 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. , 7. Fire Protection: In manufactured home parks with new roads where an adequate public water supply system is available, the developer or subdivider 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 one thousand (1,000) feet from a hydrant. 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. B. Manufactured Home Parke Where Section Not Aoolicable: 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 amanufactured 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 1,000 feet from such a location, and stub outs with gate valves are provided at 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. 9. 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. 354 B. s 1 Systemz 1. Connection Requirement: As to any manufactured home park which is created after the adoption of this section and is located within that number of ' feet of an existing county owned or operated sewage disposal system as is specified in Subsection S below, whether the manufactured home Park is located within or without the service area if an existing county owned or operated public sewage disposal system, the Developer or Subdivider shall cause a sewage disposal system, meeting the standards herein specified, to be constructed and installed in such manufactured home parks and shall further cause saitl sewage disposal system to be connected to the existing county owned or operated public sewage disposal system which is located as specified In said Subsection B. This requirement also applies to new phases of existing manufactured home parks where these phase have not been previously approved by the Harnett County Planning Board. Consideration shall be given to the acreage of an entire tract and the number of potential lots therein, taking into account topography, feasibility of the land for further manufactured home park development, and other factors. Where, in the opinion of the Planning Board and Utility Department, a manufactured home park cannot be economically connected to a County owned or operated sewage disposal system, the manufactured home park must contain adequate area (based on information concerning the soil survey, water table, type of water source, etc.) for the installation of private sewage disposal systems, and must be approved in writing by the County Health Department. In addition, where, in the opinion of the Planning Board and Utility Department, a manufacturetl home park cannot be I economically connected to a County owned or operated sewage disposal system, the Developer or Subdivider may establish and create a public sewage disposal system or connect the manufactured home park to an existing public sewage disposal system. However, such created public sewage disposal system or such sewage disposal system to be connected to an existing system shall be approved by and meet the requirements of all federal, state and local governments, including but not limited to the Division of Health Services, Department of Human Resources of the State of North - Carolina and the North Carolina Utilities'Commission. Distance Specification( A manufactured home part; 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 sewage disposal 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 5,000 feet. Sub J t to Capacity Swfficiencyt In the event that a manufactured home park should meet the distance specification requirements of Subsection B and the County owned or operated sewage disposal system to which the manufactured home park would connect shall be of insufficient capacity to Permit the collection and treatment of sewage from said manufactured home park, the subject manufactured home park shall be relieved of the requirement to connect to such county system. 355 4. Review Requirements: When a Developer or Subdivider is required to install a sewage disposal system pursuant to this section, prior to ' final approval of the record plat, the plans for the sewage disposal system to be so installed shall be submitted to the County Director of Public Utilities. The location, size, and specifications of the sewage disposal 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. 5. Plan 'Specification: The plans for a sewage disposal 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. Sewage Disposal System Soecificat' n • A sewage disposal 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 part plat (including both present and future lots). 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 sewage 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 sewage 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. 7. Construction Phased( When a manufactured home park is to be developed in phases, the sewage disposal system required 'hereunder may be constructed in steps simultaneous with the development of each phase of the manufactured home park. Section 3.11 Interior Street System A. Access -.All manufactured home parks shall be provided with anetwork of streets, roads, or driveways that will allow safe and convenient vehicular access to an improved public street from each mobile home lot, but no individual manufactured home within a park may have direct, driveway access to an abutting public street. The intersection of the public street with the entrance way or private access road to the manufactured home park shall be designed to facilitate the free movement of traffic on the public - street and to minimize the hazards caused by traffic entering or leaving the park ' development. Signs shall be erected or curb markings painted to indicate that parking on the entrance way or private access road within one hundred (100) feet of its intersection with the public street is prohibited. Should this stipulation be violated, the Planning Department may withhold or revoke the business license for the park. 356 Through streets connecting two (2) public thoroughfares or extending to adjacent properties shall be built to minimum '. construction standards required by the North Carolina Department of Transportation for acceptance to the State Highway System. All through streets shall ' have approval by the North Carolina Department of Transportation. The following road types shall have the following standards. 1. Dead end streets shall not exceed 1,000 feet in length and shall have a right -of -way of 45 feet. 2. Loop roads of more than one mile in length shall have a right -of -way of 50 feet; loop roads less than one mile shall have a right -of -way of 45 feet. 3. Cul -de -sacs shall not exceed 1,000 feet in length and shall have a turnaround of at least sixty (60) feet in diameter. 4. Any driveway connections to the state highway system will require a driveway connection permit from the Department of Transportation. Circulation - The street system shall provide convenient circulation by means of minor streets and properly located collector streets. Cul -de -sacs designed to have one end permanently closed, shall be no longer than one thousand (1,000) feet and their closed end shall have a turnaround such as a T or Y turn or cul -de -sac with a minimum diameter of sixty (60) feet. The length of a cul -de -sac shall be measured from the center of the turn around to the intersection of its center line with the center line of the connecting cul -de -sac street. Travel -way Widths - Travel -way widths shall be wide enough to accommodate the contemplated parking and ' traffic load for the type of street, with nine (9) feet minimum moving lanes for collector streets, seven 17) feet minimum moving lanes for minor streets, and seven (7) feet minimum lanes for parallel parking. In all cases, travel -ways shall meet the following minimum requirements: (1) collector streets with parking allowed on both sides, thirty two (32) feet; (2) collector streets without parking allowances, eighteen (18) feet; (3) minor streets for serving less than twenty lots, with no parking allowed, fourteen (14) feet. Street Grades - Grades of all streets shall be sufficient to insure adequate surface drainage, but shall not be more than eight percent (B %). Short runs may have a maximum grade of twelve percent (12Y), if traffic safety is assured. Intersection - Street intersections shall generally be at right angles. Off -sets at intersections and intersections of more than two streets at one point shall be avoided. Extent of Improvements - All streets shall have a smooth, hard, dense surface that Is durable and well - drained under normal use and weather conditions. The surface shall be kept free of cracks and holes, its edges suitably protected to prevent traveling and shifting of the base. In situations where three (3) manufactured homes are to be served by a road, a perpetual easement of not less than thirty (30) feet in width shall be provided. In manufactured home parks with more than four (4) manufactured home lots shall have a minimum roadway surface of four (4) inches of aggregate base course or ' material equal in quality, if approved by the Planning Board. Street Names - All streets shall be named with signs which are identifiable from the street. These signs shall be a maximum length of twenty -two (22) inches and a maximum width of six (6) inches. Names may not be the same as other street names in Harnett County and street names must be shown on the park plans. Section 3.12 Recreation Areas 357 When a manufactured home park shall contain at least twenty lots, a recreation area will be developed and maintained that shall include not less than eight percent of the total park area. The minimum size of any recreation area shall be 2,500 square feet. Lakes, bonds, rivers, streams and marshlands shall not be considered as meeting, in part or in whole, the recreation area requirements of this section. Section 3.13 Tie Down andAnchorino Reouire.e.ts Manufactured homes shall be'securely anchored to the ground by means of. a•tie down system. When the manufactured home is factory equipped with atie down system designed by a registered architect or engineer, ,. then the owner is to use the manufacturer's ss0 of instructions as the standard of proper tie - down procedures. If no SOCK set of instructions is available or if the system has not been designed by a licensed architect a,- engineer, then the• Administrative Official is to enforce standards listed in the "State of North Carolina Regulations for Manufactured Homes" booklet published by the North Carolina Department of Insurance. 'I Section .3.14 Storage Buildings Each manufactured .home lot may be equipped with a storage building not' to exceed. ten feet (30'x!0') provided that such buildings are located adjacent to the rear lot line. Section 3.15 Storage of Possession Storage of possessions and equipment In the area beneath mobile homes shall � e,pr'ohibited to prevent storage of flammable and toxic materials- which may place its occupants in undue danger. ARTICLE IV RESPONSIBILITIES AND DUTIES OF PARK OPERATORS Section 4.1 Manufactured Home;Pa-k Maintenance Manufactured home park operators shall be required to provide adequate supervision to maintain the park in compliance with the requirements of this Ordinance. Manufactured home parks with fourteen (L4) or more lots shall be required to have a manager on site. Further, the manufactured home park operators shall keep all park owned facilities, improvements, equipment and all common areas in good repair and maintained in such a manner as to prevent the accumulation of storage of materials which would constitute a fire hazard or would cause insect or rodent breeding and harborage. Abandoned vehicle storage or the accumulation of junk is expressly prohibited in existing and /or new manufactured home parks. Either item may be cause to revoke a manufactured home park business license. Section 4.2 Placement and Anchoring Operators shall be required to supervise the placement of all manufactured homes to guarantee that they are properly anchored and attached to utilities. All manufactured homes within a manufactured home park shall not be permanently attached to its support foundations, but shall be properly - anchored or'provided with tiedowns, in accord with the State of :North- C&OLLnAlRecIulations for Mobile Ho Section 4.3 Aseist'.Cguntv'T .S o Operators shall be'{}equired to comply with NC General Statute 109 7316 (a) (.11 that as of January 1 of each .year, a each operator of park - renting lots for six (6) at- more manufactured'nomes, furnish to the County Tax Supervisor the name of the owner'Of 0014 description of each manufactured home located in the park'. Section 4.4 Solid Waste `Diso 11 The park operator - -will operate or provide for the operation of a solid waste .disposal system, including providing park tenants with appropriate 'containers. The solid waste disposal system shall consist of dumpsters or container stands with contract pickups. The owner himself, may operate the contract pickup provided he signs notarized statement saying that he will be responsible for the trash collection In the manufactured home park. Container sites or dumpster sites shall be maintained at least one hundred (100) ' feet from the well site. All garbage shall be collected at least once weekly. Container sites or dumpsters which are not maintained may cause a business license to be revakOd. - Hume roc rvumber)n ana Park Signs The park operator shall be required to provide numbers which 358 are a minimum Of four (4) inches in size and to supervise the placement of these numbers to clearly identify each manufactured home or manufactured home lot from the street. These numbers shall, be displayed either on each manufactured home ar on a post placed within the lot area. The park operator shall also be required to provide a park sign which identifies the name of the park. and a telephone number at which the park owner or operator may be contacted. These signs must be visable from the road adjacent to the park. ARTICLE V PROCEDURE FOR SECURING APPROVAL OF MANUFACTURED HOME PARKS Section 5.1 Approval R d i,ed No person shall construct or engage in the construction of any manufacturetl home park or make any addition or alteration to a manufactured home park that either alters the number of lots for manufactured homes within the park or affects the facilities required therein until approval has been granted by the Harnett County Planning Board. Section 5.2 Manufactured Home Park Initial P m't A )' t Procedure A. Prior to the construction of a manufactured home part, or the expansion of an existing manufactured home park the developer shall make application to the Harnett County Planning Board for a permit to construct or expand such a park. The application shall be accompanied by five (5) copies of the proposed park plan. Such application must be received at least seven (7) working days prior to a regularly scheduled meeting of the Harnett County Planning Board, if, the application and proposed park plan is to be reviewed by the Planning Board at that time. S. 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 licensed surveyor and shall include the following, 1. The name of the park, the names and addresses of owner or owners, and the designer or surveyor. 2. Date, scale, and approximate North arrow. '- 3. Boundaries of the tract shown with bearings and distances. 4. Site plan showing streets, traffic circulation, driveways, recreation areas, parking spaces, service buildings, water courses, easements, manufactured home lots, lot numbers, all structures to be located on the park site, and total acreage of the park. 5. Vicinity map showing the location of the parr antl the surrounding land usage. 6. Names of adjoining property owners. 7. The existing and proposed utility system for surface water drainage, street lights, water Supply, and solitl waste and sewage disposal facilities. S. 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. 9. 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- damestic liquid waste or (b) the Harnett County Health Department for systems with subsurface disposal systems. 10. Certification of solitl waste storage, collection and disposal shall be approved by the Harnett County Planning Board. 11. Land contours with vertical intervals of not less than two (2) feet for all manufactured home parks with twenty five (25) manufactured home spaces or more. Section 5.3 Variances The Harnett County Planning Board may grant a variance from the manufactured home park regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Planning Board shall make the findings below, taking into account the nature of the proposed manufactured home park, the existing use:? of land in the vicinity, the number of persons to reside or work in the proposed park and the probable effect of the park upon traffic conditions in the vicinity, No variance shall be granted unless the Planning Board finds: P. 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. E. That the variance does not confer on the applicant special privileges ar be in contradiction to other local, state, or federal regulations. Section 5.4 Review of the Pro o ose tl M f ct d H a Park Plan The administrative Official shall transmit the proposed park plan to the Secretary of the Harnett County Planning Board fop- review at its next meeting: R. The Planning Board shall review the proposed manufactured home park plan to determine if it is in accordance with the requirements set forth in this Ordinance. If the Planning Board should disapprove the proposed park plan, the reasons for such action and the recommended changes shall be given to the developer or his agent. After the Planning Board has approved the proposed park plan, one approved copy shall be sent to the Administrative Official and one approved copy shall be given to the developer or his agent. Section 5.5 Issuance of Initial Permit and BusiDes License A. After receiving approval of the proposed manufactured home park plan, the Administrative Official is authorized Lti -:i Sr a letter allowing the construction of +the park according to the proposed plan, but shall not be construed to .' entitle the applicant to offer spaces for rent or lease, or to operate a mobile home park.. B. If construction of the manufactured home park has not begun within twel ve i12). months from the issued date of the initial:piiimit', the Planning Board may grant an extension of the permit when the applicant shows reasonable cause for delay. However, the Planning Board also has ''.the authority to require the proposed park to resubmit their plan. i 359 359 360 C. When the developer has completed the construction of the manufactured home . park, he shall apply to the Harnett County Planning Office who shall make an on- site inspection of the park. 1. If the park conforms to the plan approved by the - Planning Board and other agencies, the Planning F. Office shall issue the developer a business license. 2. If the park does not conform with the approved plan, the Planning Office shall delay issuance of the business license until it comes into conformity. D. The business license issued to the applicant shall constitute the authority to operate the manufactured home park. The business license shall expire after a two year period and must be renewed to be valid. The Planning Department has the authority to withhold Certificate of Occupancy Permits for parks without a valid business license. E. When a manufactured home park is to be developed in phases, the proposed plan may be submitted for the entire development. All sections of a manufactured home park must meet the requirements of this Ordinance in order for a business license to be issued for any additional phases, then application for a business license may be made for each phase completed. F. 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. 13OA -337 1G ). G. All manufacturetl home parks in Harnett County shall be inspected by the Harnett County Health Department at least once every two 121 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. H. Violation of any of the Ordinance requirements constitutes grounds for refusing to issue a license or renew a license or to revoke an issued license. Operating a manufactured home .park without a valid license is a misdemeanor punishable under the terms of this Ordinance. ARTICLE VI ADMINISTRATION Section 6.1 Administration The Harnett County Planning Department shall administer and enforce this Ordinance. The office may be provided with assistance of such other persons as the Board of Commissioners may direct. Section 6.2 Enforcement If the Harnett County Planning Department shall find that any of the provisions of this Ordinance are being violated, it shall notify in writing the person responsible 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, I alterations, or structural changes thereto; discontinuance of any = a illegal work being done; or shall take any other action 6 authorized by law to insure compliance with or to prevent violation of the provisions of this Ordinance. ��� ��..�� 3C�3 362 sec. P<. r, 3(�3 Section 6.3 Fees The Harnett County Board of Commissioners shall set a fee, payable to the Harnett County Planning Office, to cover the necessary processing cost of all manufactured home permits and business licenses. The set fee shall be posted in the Planning Office. Section 6.4 Penalties Any person failing . to take corrective action within a reasonable time after receiving written notice from the Harnett County Planning Officei and any person operating a manufactured home park without a valid business license shall be guilty of-a misdemeanor and may be punished by a fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed thirty (30) days. Each day such violation shall be permitted to exist shall constitute a separate offense. Section 6.5 Right of Appeal If any initial permit or revoked, the applicant may Administrative Official to the decision of the Planning Board, as provided by law. business license is denied or appeal the action of the Planning Board. Beyond the recourse shall be to the Courts Section 6.6 Amendment The Harnett County Board of Commissioners may from time -to- time amend the terms of this Ordinance (but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation). If the Planning Board fails to submit a report within thirty (30) days after public hearing by the Harnett County Board of Commissioners, the proposed amendment shall be deemed to have recommended approval by the Planning Board. No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in Harnett County at least once a week for two (2) successive weeks prior to the hearing, the first publication being not less than fifteen (15) days nor more than twenty -five (25) days before the date of the hearing. In computing the ten (10) day, twenty - five (25) day period, the date of publication is not to be counted, but the date of the hearing is to be counted. Duly adopted this seventeenth day of September, Nineteen Hundred and Ninety. HARNETT COUNTY COMMISSIONERS �o L ytl G. Stewart, Chairman ATTEST: llt !� �_ }Y_S'�/ Vanessa Vgung, Ale to $he Boartl MANUFACTURED HOME PARK ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA Fee Schedule 1. The set -up permit for a single -wide manufactured home to be placed in the park is $40.00. 2. The set -up permit for a double -wide manufactured home to be placed in the park is $50.00. 3. Obtaining a business license is required every two (21 years and can be acquired for a fee of $50.00. 361�