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HomeMy WebLinkAbout02/16/09 Subdivision Regulations Text Amendment Art III Sec 3.3HARNETT 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 III "Procedure for Review & Approval of Subdivision Plats ", Section 3.3 "General Procedures for Review of Major and Minor Subdivision" of the Subdivision Regulations shall be amended to read as indicated below. "All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this Ordinance. Major subdivisions shall be reviewed in accordance with the procedures in Section "Procedure for Review of Major Subdivisions ", Section "Preliminary Plat for Major Subdivisions" and Section "Final Plat for Major Subdivisions ". Minor subdivisions shall be reviewed in accordance with the provisions in Section "Procedure for Review of Minor Subdivisions ". However, if the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right -of -way from the property to be subdivided, the subdivision shall not qualify under the abbreviated procedure. The abbreviated procedure may not be used a second time within three (3) years on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on, or held any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval or by any subsequent owner, individual having an option on, or individual having any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. However, the Planning Director or Designee may at any time refer the application to the Harnett County Planning Board for consideration to allow a second minor subdivision to occur within the allotted three (3) years if deemed necessary and appropriate. Subsequent to Planning Board approval, the application shall then be reviewed in accordance with the major subdivision review and approval process by the Development Review Board. In no case shall utilization of this process allow for the number of new lots created, combined with the number of lots created by the initial minor subdivision exceed the maximum number of lots permitted by the minor subdivision process. No other requirements set forth by the minor subdivision process shall be circumvented." Duly adopted this 16`h day of February, 2009 and effective upon adoption. HAI NETT COUNTY BOARD OF COMMISSIONERS G Timothy B. Neill, Chairnian AT Ka"i Y. ."=:W Kay S. anchard, Clerk to the Board ,: