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HomeMy WebLinkAbout12/04/06 Subdivision Regulations Text Amendment Art II, III, IV, V, VI & VIIHARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY SUBDIVISION REGULATIONS TEXT 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 Articles II, III, IV, V, VI and VII of the Subdivision Regulations and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Articles II, III, N, V, VI and VII of the Harnett County Subdivision Regulations shall be amended as indicated in Attachment A; Duly adopted this 46 day of December, Two Thousand Six and effective the I' day of January, Two Thousand Seven. BOARD OF COMMISSIONERS e y J. Hyrp V C airman \ J ATTEST: ' Kay S. Bldnchard Clerk To The Board r "� ATTACHMENT A Subdivision Regulations Articles 11, 1II, IV, V, VI and VII ARTICLE II. DEFINITIONS AND INTERPRETATIONS OMITTED FOR LENGTH SECTION 2.1 MEANING OF COMMON WORDS OMITTED FOR LENGTH 13 The word "Development Review Board" or `DRB" shall mean the Harnett County Development Review Board OMITTED FOR LENGTH SECTION 2.3 MEANING OF SPECIFIC WORDS AND TERMS OMITTED FOR LENGTH Board of Adjustment: the Harnett County Board of Adjustment OMITTED FOR LENGTH Development Review Board: the Harnett County Development Review Board Driveway: An access point that serves for ingress and egress, most commonly for vehicles, to a private residence Entrance, Subdivision: An access point that serves for ingress and egress to a subdivison OMITTED FOR LENGTH Planning Board: the Harnett County Planning Board OMITTED FOR LENGTH ARTICLE III. PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS OMITTED FOR LENGTH SECTION 3.3 GENERAL PROCEDURES FOR REVIEW OF MAJOR AND MINOR SUBDIVISION OMITTED FOR LENGTH SECTION 3.4 PROCEDURE FOR REVIEW OF MINOR SUBDIVISIONS Section 3.4.1 Sketeh Pla Pre- Application Review for Minor Subdivision Prior to submittal of a final plat, the subdivider 4*&mav submit to the Subdivision Administratof wa ;' of a sketch plan of the proposed subdivision eOlitai ,,; a the following info°..,,,.:, .: The Planning Department shall establish standard regulations for sketch plan Submittal and review including but not limited to the number of copies requested and the information to be included on the sketch plan. rtiv emsr..re .......... r .... sr�rmeirrssneers�eirrn�esren e F. 17: 71iR�dt RfRT: tGRT .1�lRRlf'.RT�I.T'i7lR�.T�7.. !R�!ll1RT.RaF 2 The Subdivision Administrator shall submit copies of the sketch plan and any accompanying material to other officials and agencies concerned with new development including, but not limited to: the District Highway Engineer as to proposed driveways, the Harnett County Health Department as to proposed water and sewerage systems, the Harnett County Public Utilities Department as to public water and/or sewer systems, the North Carolina Department of Environment and Natural Resources, Land Quality Section as to the erosion control requirements and the Harnett County E -91 1 Director as to street naming and assignment of addresses. The Subdivision Administrator shall all h e ° minimum of for • eight (49) hours fi-on• °c- review the sketch plan for general compliance with the requirements of this Ordinance and the Zoning Ordinance; the Subdivision Administrator shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submittal of the final plat. One (1) copy of the sketch plan shall be Fetained by the Subdk,isian Administrator. d Copy shall be returned to the subdivider or his authorized agent. OMITI'F.D FOR LENGTH SECTION 3.5 PROCEDURE FOR REVIEW OF MAJOR SUBDIVISIONS Section 3.5.1 Pre - Application ReviewSketeh -Plan for Major Subdivisions Prior to the preliminary plat submittal, the subdivider shall— may_submit to the Subdivision Administrator, two (2) eopies of a sketch plan of the proposed subdivision for review and comment. containing the IbIlowing int;aFfflairiefli The Planning Department shall establish standard regulations for sketch plan submittal and review including but not limited to the number of copies requested and the information to be included on the sketch plan. gross aereage for the efiiiresabd , 3 The Subdivision Administrator shall review the sketch plan for general compliance with the requirements of this Ordinance and the Zoning Ordinance; the Subdivision Administrator shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submittal of the preliminary and final plats. One (1) copy of the sketch plan shall be returned to the subdivider or his authorized agent. and the o'h°° eopy being returned to the subdivider or his ,"teized sees• SECTION 3.6 PRELIMINARY PLAT FOR MAJOR SUBDIVISIONS Section 3.6.1 Submittal Procedure For every subdivision within the territorial jurisdiction established by Section 1.3 of this Ordinance, which does not qualify for the minor subdivision procedure, the :°•bid&r- pelitirnrer shall submit a preliminary plat which shall be approved by the Planning- Development Review Board before any construction or installation of improvements may begin. Submittal of the Preliminary Plat shall be accompanied by a filing fee as adopted and periodically revised by the Harnett County Board of Commissioners. Ten (10) eapies of the piviiiiiinal-5, Plat and one (1) 1-eduetion ar 11" * 17" of smaller (as well as an) additional copies which the Planning Board jeteFfflifleS RFe Heeded to be sent !H other ageneies"' s"a"' t1- scheduled ineet'Hg of the D,...,. ing BoafEl, A complete application shall be submitted to the Planning Department by the established deadline. Incomplete applications will not be reviewed and will not be place on the Development Review Board Agenda The Harnett County Planning Department shall establish criteria for a complete application Any change in requirements shall be posted in the Planning Department office no less than thirty (30) days prior to enforcement. The Harnett County Planning Department shall establish standard deadlines for complete applications. This information shall be made available to the public and shall be posted in the Planning Department Office Preliminary plats shall meet the specifications in Article IV. Section 3.6.2 Review by Other :e;DRB Membership General Membership After having received the preli ,inffy —p complete application from the : etitioner, the Subdivision Administrator shall submit forward copies of the pfe"minary plat and any aecanipanying matE-Fiifl to complete application afficials atid agenriPq �,, with new development a I 4 Department and the Harriett COUHfy Board of .to the general members of the Development Review Board. Advisory Membership After having received the preliminary plat from the petitioner, the Subdivision Administrator shall forward copes of the complete application to the advisory members of the Development Review Board. The Development Review Board may at any time, determine that an additional advisory member may need to review the application prior to final approval. Section 3.6.3 Review Procedure The petitioner shall be prepared to make a very brief presentation to the Development Review Board membership and answer any questions at the first meeting where the application is being reviewed. The Planning —B ardEach Development Review Board general member shall review the � y Nap Iication at or before its next regularly scheduled meeting ° hi h l4lo-0 s ' least fifteen "" Working days after !be Subdivision Administrator reeeives the prefirninary plat and the e8mmeHt o,, fFaai the kipp..opfi.,t., ageneies Comments on the application shall be provided, in brief, to the petitioner at the regularly larly scheduled meeting If the nature of the comments is too complicated for a brief presentation it shall be the responsibility of the petitioner to contact the member's agency with comments for a full explanation. The P rdDcvelopment Review Board shall, in writing, recommend approval; conditional approval (with a list of the conditions to bring the plat into compliance); or disapproval (with reasons) within forty (40) days of first reeelvkig the only after all concerns or comments of the Board general membership have been addressed. If the °lDevelopment Review Board approves the preliminary plat, such approval shall be noted on two (2) copies of the plat. One (1) copy of the plat shall be retained by the Subdivision Administrator and one (1) copy shall be returned to the subdivider. If the °gym Development Review Board approves the preliminary plat with conditions, approval shall be noted on two (2) copies of the plat along with a reference to the conditions. One (1) copy of the plat along with the conditions shall be retained by the Subdivision Administrator and one (l) copy of the preliminary plat along with the conditions shall be returned to the subdivider. If the FlanHing 4iom— dDevelopnent Review Board disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. One (l) copy of the plat and the reasons shall be retained by the Subdivision Administrator and one (1) copy shall be returned to the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat to the Subdivision Administrator. SECTION 3.7 FINAL PLAT FOR MAJOR SUBDIVISIONS Section 3.7.1 Preparation of Final Plat and Installation of Improvements Upon approval of the preliminary plat by the Ping 4W. t Development Review Board, the subdivide petitioner may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. Prior to approval of a final plat, the s •br, et loner shall have installed the improvements provided herein. No final plat, which contains private streets will be accepted for review by the Subdivision Administrator unless accompanied by written notice prepared by the subdivider's engineer acknowledging compliance with the improvement and guarantee standards of this Ordinance. The final plat shall constitute only that portion of the preliminary plat which the 5 subdividef petitioner proposes to record and develop at that time; such portion shall conform to all requirements of this Ordinance. ONHITEn FOR LENGTH Section 3.7.3 Submittal Procedure A complete application shall be submitted to the Planning Department by the established deadline. Incomplete applications will not be reviewed and will not be place on the Development Review Board Agenda The Harnett County Planning Department shall establish criteria for a complete application. Any change in requirements shall be posted in the Planning Department office no less than sixty (60) days prior to enforcement The Harnett County Planning Department shall establish standard deadlines for complete applications This information shall be made available to the public and shall be posted in the Planning Department Office. Section 3.7.4 Review by DRB Membership General Membership After having, received the complete application from the petitioner. the Subdivision Administrator shall forward copies to the general members of the Development Review Board. Advisory Membership After having received the complete application from the petitioner, the Subdivision Administrator shall forward copies to the advisory members of the Development Review Board The Development Review Board may at any time determine that an additional advisory member may need to review the application prior to final approval. Section 3.7.5 Review Procedure The petitioner shall be prepared to make a verbrief presentation to the Development Review Board membership and answer any questions at the first meeting where the application is being reviewed. Each Development Review Board general member shall review the preliminary plat at or before its next regularly scheduled meeting Comments on the application shall be provided in brief, to the petitioner at the regularly scheduled meeting If the nature of the comments is too complicated for a brief presentation it shall be the responsibility of the petitioner to contact the member(s) with comments for a full explanation. 0 The Development Review Board shall, in writing, recommend approval; conditional approval (with a list of the conditions to bring the plat into compliance); or disapproval (with reasons) only after all concerns or comments of the Board membership have been addressed. OM179ED FOR LENGTH ARTICLE IV. INFORMATION TO BE CONTAINED IN OR DEPICTED ON PRELIMINARY AND FINAL PLATS FOR MAJOR SUBDIVISIONS The preliminary and final plats shall depict or contain the information indicated in the following table. An x indicates that the information is required. OMrrTED FOR LENGTH 7 INFORMATION PRELIMINARY PLAT FINAL PLAT -If any street is proposed to intersect with a state maintained road, the subdivider shall apply for driveway approval as required by the North Carolina Department of Transportation, Division of Highways' Manual on Driveway Regulations. Evidence that the subdivider has obtained such approval. x The location and dimensions of all: -Utility and other easements x x -Riding trails x x - Natural buffers x x - Pedestrian or bicycle paths x x -Parks and recreation areas with specific type indicated x x - School sites x x -Areas to be dedicated to or reserved for public use x x -Areas to be used for purposes other than residential with the purpose of each stated x x -The future ownership (dedication or reservation for public use to governmental body, for owners to duly constituted homeowners' association, or for tenants remaining in subdivider's ownership) of recreation and open s ace lands x The plans for utility layouts including: -sanitary sewers x -storm sewers x -other drainage facilities, if any x -water distribution lines x -fire hydrants x x - natural gas lines x -telephone lines x - electric lines x - street lighting (may indicate in "Notes" section on final plat) x x illustrating connections to existing systems, showing line sizes, the location of fire hydrants, blowoffs, manholes, force mains and gate valves x x Plans for individual water supply and sewage disposal systems, if an x x - profiles based upon Mean Sea level datum for sanitary sewers and storm sewers x Site calculations includin -gross acrea a shown for total tract to be subdivided x x - acreage in parks and recreation areas and other nonresidential uses x x -total number of lots created x x -Net acreage shown for each lot in the subdivision x x - linear feet in streets x x INFORMATION PRELIMINARY FINAL PLAT PLAT -The name and location of any property or buildings within the x x proposed subdivision or within any contiguous property that is located on the U.S. Department of Interior's National Register of Historic Places - Sufficient engineering data to determine readily and reproduce x on the ground every straight or curved line, street, line, lot line, right -of -way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distance for the center line of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one -tenth of a foot and all angles to the nearest minute. -The accurate locations and descriptions of all monuments, x markers and control points. -A copy of any proposed deed restrictions or similar covenants. x x Such restrictions are mandatory when private recreation areas are established. -A copy of the erosion control plan submitted to the appropriate x authority, if such a plan is required. - Topographic map with contour intervals of no greater than ten x (10) feet drawn at an engineering scale. Certification of the following: -Ownership, dedication and jurisdiction, signed x - Approval of water supply and sewage disposal systems, signed x by the County Health Director. A certificate of approval signed by the County Utilities Director is required when county owned or operated public water and/or public sewage is to be utilized. -Accuracy and mapping, signed x - Approval of streets and street drainage plans and improvements x by the District Engineer, North Carolina State Highway Commission. - Approval by the Harnett County Plaftning Review x Board, unsigned. - Approval by the Harnett County Board of Commissioners, x unsigned. -Approval by the Harnett County Review Officer, unsigned. x - Registration by the Register of Deeds of Harnett County, x unsigned. -Any other information considered by either the subdivider, x x Subdivision Administrator or Planning Beaj- DRB to be pertinent to the review of the plat. ARTICLE V. DESIGN STANDARDS SECTION 5.0 GENERAL PROVISIONS Any land area within the jurisdiction of this Ordinance deemed by theDRB to be unsuitable for residential occupancy shall be prohibited for subdivision development. The Pliurnin BeafdDRB in making their determination shall be guided by an analysis of available data on topography, soils, flood plains, drainage, and ground and surface water. SECTION 5.1 SUBDIVISION NAMES AND IDENTIFICATION SIGNS Section 5.1.1 Subdivision Names In no case shall the proposed name for subdivision duplicate or be phonetically similar to existing subdivisions within the jurisdiction of Harnett County. Additionally, the use of initials, acronyms, letters, numbers and Roman numerals in subdivision names is prohibited. Section 5.1.2 Subdivision Identification Signs Identification signs for subdivisions located within the zoning jurisdiction of Harnett County shall be regulated by the County's Zoning Ordinance. For subdivisions not located within the County's zoning jurisdiction the following regulations shall apply: A. There shall be a limit of one (l) double -faced sign or two (2) single -faced signs for each primary entrance to the subdivision. Each sign shall not exceed fifty (50) square feet in size. B. Identification signs shall be located on private property and shall be installed so as to not interfere with the line of sight needed for safe movement onto the intersecting road when exiting the subdivision. C. All identification signs installed under the provisions of this Ordinance may be illuminated internally or externally and shall be constructed to meet the requirements of the National Electric Code and any other applicable local codes. If lighted externally, no direct rays of light may be cast on any adjoining property or interfere with any vehicles approaching on a public right -of -way from any direction. D. Signs which contain, include or are lighted by any flashing, intermittent or moving lights are prohibited. SECTION 5.2 STREETS Section 5.2.1 Type Of Streets Required All subdivision lots shall abut a street designated as either public or private. All public or private streets shall be built to the standards of this Ordinance and all other applicable standards of the County and the North Carolina Department of Transportation. Public streets, which are eligible for acceptance into the State Highway System,- shall be put on such system. Streets which are not eligible to be put on the State Highway System, because there are too few lots or residences, shall be in accordance with the standards in this Ordinance or standards necessary to be put on the State Highway System. Private streets shall be prohibited within all subdivisions except planned unit developments, condominium and townhome developments and recreation communities subject to reasonable and appropriate conditions deemed necessary by the Plug- 13aardDRB. Where private streets are provided in developments with lots or units for sale, such streets shall be designated as part of areas held in common and under ownership of a home owner's association with maintenance provisions. 10 A maximum of two (2) entrances per major subdivision are allowed unless additional entrances are approved by the Harnett County Planning Boal-EIDRB. The Plaiiiiing IDRB may grant additional entrances through the granting of a variance waiver meeting the requirements set forth in Article VII Section 7.1 of this Ordinance. No vafianee waiver shall be granted which conflicts with any other local, state or federal statutes, Ordinances or regulations. Section 5.2.2 Subdivision Street Disclosure Statement All streets shown on the final plat shall be designated as public or private. Designation as public shall be conclusively presumed to be an offer of dedication to the public. Where streets are dedicated to the public but not accepted into the State system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. Designation as private shall be conclusively presumed to be a private street. Where streets are designated as private, a full disclosure of the status of the street and maintenance responsibilities is required and these listed items shall run with the land. A Recorded Ingress and Egress Easement Maintenance Agreement: Where easements provide required access, they shall meet all applicable standards. Ingress and Egress easements with more than two (2) lots will provide a continued maintenance agreement and shall by approved by the Planning Director or designee and recorded with the County Register of Deeds in a legally valid and binding instrument that describes the method of maintenance, who will be responsible for maintenance, and the properties which the easement access way serves. Section 5.2.3 Half- Streets The dedication of half streets of less than sixty (60) feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where there exists a half - street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than sixty (60) feet of right -of -way is required, a partial width right -of -way, not less than sixty (60) feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right -of -way shall be dedicated. Section 5.2.4 Marginal Access Streets It is the intent of this regulation to limit access onto principal arterial streets where appropriate, in order to maintain the traffic capacity and encourage smooth traffic flow. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial. Marginal access streets shall be built to the minimum requirements as stated in the definition of a minor subdivision under Article 11 Section 2.3. Section 5.2.5 Access To Adjacent Properties Where, in the opinion of the manning BaktrdDRB, it is necessary to provide for access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turn around provided. Section 5.2.6 Nonresidential Streets The subdivider of a nonresidential subdivision shall provide streets in accordance with the standards contained in the most current edition of the North Carolina Roads, Minimum Construction Standards Booklet; and the standards in this Ordinance, whichever are stricter in regard to each particular item. Section 5.2.7 Design Standards The design of all streets and roads within the jurisdiction of this Ordinance shall be in accordance with the accepted policies of the North Carolina Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The most current edition of the N.C. Department of Transportation, Division of Highways' Subdivision Roads Minimum Construction Standards, shall apply for any items not included in this Ordinance, or where stricter than this Ordinance. Section 5.2.8 Dead End Streets and Cul -De -Sacs A permanent dead -end street shall not exceed two thousand (2,000) feet in length — measured from its beginning point on a through street to its end in the center of the turnaround of the cul -de -sac or the end of a temporary turnaround. Stub out streets or intersecting cul -de -sacs shall not be points of measurement for dead -end streets. The distance from the edge of pavement on the vehicular turnaround to the right -of -way line shall not be less than the distance from the edge of pavement to right -of -way line on the street approaching the turnaround. Cul -de -sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the PlaRRi lig BoaraDRB. Section 5.2.9 Alleys A. Except for Neo- Traditional designed lots, alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances. Unless otherwise provided herein Neo - Traditional designed lots shall have alleys that comply with the North Carolina Department of Transportation Traditional Neighborhood Development Street Design Guidelines. Maintenance of alleyways will be the responsibility of the home owners' association or comparable individual, or group that has responsibility for other common areas. Maintenance of alleyways shall be addressed in the organizational papers and by -laws of the home owners' association. Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances. B. The width of an alley shall be at least twenty (20) feet. C. Dead -end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn - around facilities at the dead -end as may be approved by the Planning BaardDRB. D. Sharp changes in alignment and grade shall be avoided. E. All alleys shall be designed in accordance with N.C. Department of Transportation Standards. 12 SECTION 5.3 WATER AND SEWER Installation and provision for water supply and sewage disposal shall be according to the standards of the Harnett County Department of Public Utilities Comprehensive Water and Sewer Plans and the Harnett County Health Department. Section 5.3.1 Water Supply System: A. Connection Requirement: Any subdivision which is created after the adoption of this Section, 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 subdivision is 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 subdivision 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 subdivisions when these phases have not been previously approved by the appropriate Harnett County Planning 13-o dGoverning Body. 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 subdivision development, and other factors. Where, in the opinion of the °DRB and Utility Department, a subdivision cannot be economically connected to a County owned or operated water distribution system, the subdivision 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 subdivision 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 subdivision 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 North Carolina Department of Health and Human Resources and the North Carolina Utilities Commission. B. Distance Specification: A subdivision shall be required to meet the conditions of this Section when the subdivision 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 subdivision (including lots to be developed in the future) multiplied by one hundred (100); PROVIDED HOWEVER, that the maximum distance required for connection shall be five- thousand (5,000) feet. C. Subject to Capacity Sufficiency: In the event that a subdivision 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 subdivision, the subject subdivision shall be relieved of the requirement to connect to such County system. 13 D. 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 record plat, 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. 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 subdivision pursuant to this Section and /or connected to the County owned or operated system shall: 1. Be properly connected in such a manner as to adequately serve all lots shown on the subdivision plat (including both present and future lots) for domestic use and fire protection. 2. 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 North Carolina Department of Health and Human Resources and as specified in the Harnett County water system extension policy. 3. Be approved by the necessary federal and /or state agencies prior to or at the time of completion. 4. 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. 5. 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 Hydrants: In major subdivisions 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 subdivision is afforded adequate fire protection or as provided in this Ordinance. 1. All hydrants shall be American Water Works Association approved. 2. No fire hydrant shall be installed on less than a 6" main. 3. Hydrants shall have two 2 '' /z" and one 4 '/2" connection with threads of the National Standard Thread type. 4. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath. The operating nut shall be National Standard Pentagon type measuring 1 /z" from point to flat. Hydrants shall open left. 14 5. In residential districts fire hydrants shall be located in such a manner that no lot is further than five hundred feet (500) from a hydrant. The distance between hydrants, shall be measured along street centerlines. There shall be at least one (1) fire hydrant at each intersection. When residential intersections are less than seven hundred (700) feet apart, a hydrant is not required between the intersections. 6. All hydrants shall be furnished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be 3 %2 feet. 7. All fire hydrants shall be located on the right side of the roadway in which responding fire apparatus would travel into subdivisions. 8. All hydrants at finish grade shall measure 18" from ground to center of steamer cap. 9. The Fire Marshal's office shall approve all hydrant types and locations in new subdivisions and any alterations to this Ordinance related to fire hydrants and fire protection. H. Subdivisions 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 subdivision 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 said fire hydrant locations. If the subdivision does not meet these provisions, it shall be considered under the regulations specified herein for property not having public water available. 1. Construction Period: When a subdivision 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 subdivision. Section 5.3.2 Sewage Disposal System: A. Connection Requirement: Any subdivision 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 B below, whether the subdivision is located within or without the service area of 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 subdivision and shall further cause said 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 subdivisions where these phases have not been previously approved by the appropriate Harnett County 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 subdivision development, and other factors. Where, in the opinion of the °rdDRB and Utility Department, a subdivision cannot be economically connected to a County owned or operated sewage disposal system, the subdivision 15 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 subdivision cannot be 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 subdivision 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. B. Distance Specification: A subdivision shall be required to meet the conditions of this Section when the subdivision 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 subdivision (including lots to be developed in the future) multiplied by one hundred (100); PROVIDED HOWEVER, that the maximum distance required for connection shall be five - thousand (5,000) feet. C. Subject to Capacity Sufficiency: In the event that a subdivision should meet the distance specification requirements of Subsection B and the County owned or operated sewage disposal system to which the subdivision would connect shall be of insufficient capacity to permit the collection and treatment of sewage from said subdivision, the subject subdivision shall be relieved of the requirement to connect to such County system. D. 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. E. Plan Specification: The plans for a sewage disposal 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. Sewage Disposal System Specifications: A sewage disposal system to be constructed within a subdivision pursuant to this Section and/or connected to the County owned or operated system shall: I. Be properly connected in such a manner as to adequately serve all lots shown on the subdivision plat (including both present and future lots). 2. 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 North Carolina Department of Health and Human Resources and as specified in the Harnett County sewage system extension policy. 3. Be approved by the necessary federal and/or state agencies prior to or at the time of completion. [VI 4. 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. 5. Be constructed pursuant to the necessary contractual agreements required by the policies, rules, and regulations of the Harnett County Department of Public Utilities. G. Construction Phased: When a subdivision 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 subdivision. H. H. Subdivisions Where Section Not Applicable: When located outside the service area of a County owned or operated sewage disposal system and /or outside the distance specifications, lot sizes within a subdivision may be allowed to be reduced, provided adequate sewage disposal is provided from a community sewerage system to be installed by the developer. If the subdivision does not meet these provisions, it shall be considered under the regulations specified herein for property not having public sewerage disposal. 1. All lots shall be served by an internal street system. SECTION 5.4 LOT REQUIREMENTS Lots shall be laid out as follows: A. Lot sizes, shapes, and locations shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Every lot shall front or abut a street for a distance of at least eighty (80) feet except on the bulb of a cul -de -sac where 40 feet will be acceptable. B. Extending from the front property line to the rear property line, both side lot lines shall be substantially perpendicular to the street line. C. Lots in subdivisions that have been zoned by the County Commissioners shall not be less in width, depth, or area than specified in the Harnett County Zoning Ordinance for the appropriate zone in which the subdivision exists. D. Lots in subdivisions that have not been zoned by the County Commissioners and are not served by public water and sewer shall be at least twenty thousand (20,000) square feet in area. E. Lots in subdivisions that have not been zoned by the County Commissioners and are served by a public water or sewer system shall be at least fifteen thousand (15,000) square feet in area. F. Lots in subdivisions that have not been zoned by the County Commissioners and are served by public sewer and water shall be at least ten thousand (10,000) square feet in area. G. Double frontage or reverse frontage lots shall be avoided except where necessary to separate residential development from through traffic or nonresidential uses. H. In no instance shall the length of nitrification lines (septic tank drain field) for a residential lot be less than the size determined to be adequate by the Harnett County Health Department after 17 investigation of soil conditions, proposed individual disposal system, and depth to ground water. SECTION 5.5 BLOCKS Blocks shall be laid out with special attention given to the type of use contemplated. A. Block lengths shall not exceed one thousand, four hundred (1,400) feet or be less than four hundred (400) feet. B. Blocks shall have a sufficient width to allow two (2) tiers of lots of minimum depth. Blocks may consist of single tier lots where such are required to separate residential development form through vehicular traffic or nonresidential uses. SECTION 5.6 BUILDING SETBACK LINES All building setback lines and other dimensional requirements shall be regulated by the County's zoning regulations and all such requirements shall conform to the zoning district in which the subdivision is located. In cases where zoning regulations are not in effect, the following setbacks shall apply: distance of structure from street right -of -way, thirty -five (35) feet; distance of structure from side property lines, ten (10) feet, except on corner lots which shall require twenty (20) feet; distance of structure from rear property lines, twenty -five (25) feet. SECTION 5.7 EASEMENTS The County P.g- B"arQ'DRB may require easements of widths deemed adequate for the intended purpose on the property side of front lot lines, on each side of all rear lot lines, on each side of all side lots or across lots where necessary or advisable for electric power, conduits, storm and sanitary sewers, street trees and gas, water and other utilities. SECTION 5.8 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 Planning BoardDRB. The location, width, alignment, and improvement of such drainage way or easement shall be subject to the approval of the °Planning-BoaF DRB. 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 Plan rtitg Baa+dDRB. SECTION 5.9 ELECTRICAL UTILITIES All electrical, cable, and telephone utilities shall be placed underground. SECTION 5.10 STREET 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 streetlight shall be a 175 watt Mercury -vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals not more than three hundred (300) feet. SECTIONS.]] STREETSCAPE BUFFERS All subdivisions with more than six (6) lots that have lots that abut a state maintained road shall be required to adhere to the following streetscape buffer requirements for all lots that adjoin an existing state maintained road: IM Developments with lots that abut a major thoroughfare shall be buffered with a minimum thirty (30) foot buffer measured from the right -of -way. Developments with lots that abut all other state maintained roads shall be buffered with a minimum fifth teen (15) foot buffer measured from the right -of -way. Section 5.11.1 Streetscape Buffer Types One (1) of the following screening techniques must be used within all buffers: I. A row of evergreen conifers or broadleaf evergreens placed not more than five (5) feet apart which would grow to form a continuous hedge of at least six (6) feet in height within two (2) years of planting supplemented with large maturing trees every fifty (50) feet; or 2. A masonry wall located within the required buffer; such wall shall be a minimum height of six (6) feet (above finished grade;) and, if a block wall, it shall be painted on all sides, supplemented with large maturing trees every fifty (50) feet; or an opaque fence six (6) feet in height finished side of fence must face out supplemented with large maturing trees every fifty (50) feet; or 3. A berm (maximum of 3:1 slope) and planting combination, with the berm an average height of three (3) feet and dense plantings which will, when combined with the berm, achieve a minimum height of six (6) feet and seventy -five (75) percent opacity within two (2) years. Section 5.11.2 Standards for Trees and Shrubs Required trees and shrubs shall meet the following standards: 1. Shrubs shall be a minimum of three (3) Gallon at time of planting. 2. All required large maturing trees shall have a minimum caliper of two (2) inches measured six (6) inches above the proper planting level. 3. All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock published by the American Association of Nurserymen, free of disease, and in otherwise sound and healthy condition. Section 5.11.3 Existing Vegetation The retention of existing vegetation shall be maximized to the extent practical, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees. Section 5.11.4 Modification of Planting Types If it is demonstrated that existing vegetation meets the intent of this section, the subdivision administrator may waive the requirements for the plant material. Section 5.11.5 Alternative Buffers and Screening In lieu of compliance with the above buffer and screening requirement, an applicant may submit to the Planning BoardDRB for review and approval a detailed plan and specifications for streetscape buffering. The I-}' anning BeardDRB may approve the alternative streetscape buffering, upon finding that the proposal will afford a degree of buffering and screening, in terms of height, opacity and separation to or exceeding that provided by the above requirements. Section 5.11.6 Ownership and Maintenance of Streetscape Buffers The developer shall be completely responsible for the installation and initial maintenance of all required streetscape buffers; until ownership changes through one of the methods described below: a. Ownership with a homeowners association: In the situation where a homeowners association will be established for the proposed subdivision then the homeowners association shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed subdivisions. IN Note: (The developer shall remain responsible for all ownership and maintenance of streetscape buffers until a homeowners association has been completely established.) b. Ownership without a homeowners association: In the situation where there is not going to be a homeowners association established for the proposed subdivision then the streetscape buffer shall be left under control of the lot owner provided that each lot that contains a streetscape buffer must have a deed recorded with a restriction that the streetscape buffer remain undisturbed, further the restriction must state that the land owner shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed subdivisions. Section 5.11.7 Prohibited Uses within the Streetscape Buffers The following uses shall be prohibited from being located within the streetscape buffer. 1. All Structures 2. Storage of equipment 3. Playground equipment and other similar structures 4. Driveways with the exception of main entrances to the subdivisions. ARTICLE VI. IMPROVEMENTS SECTION 6.0 GENERAL Subdivisions may be developed by sections. Each section shall be submitted as a final plat to be recorded in the Office of the Register of Deeds. However, the initial Preliminary Plat must show all Sections or Phases of the Subdivision. Improvements shall be installed in accordance with the requirements and standards set forth in this Ordinance and other specifications and policies of Harnett County. All improvements shall be inspected and approved by the Subdivision Administrator in conjunction with any other Harnett County Department or state or federal agency as may be required. SECTION 6.1 REQUIRED IMPROVEMENTS Section 6.1.1 Permanent Monuments All permanent monuments shall be of a type in compliance with the state statutes regulating licensed surveyors. Section 6.1.2 Lot Corners All lot corners, other than those marked by permanent monuments as herein described, shall be marked in a type in compliance with the state statutes regulating licensed surveyors. Section 6.1.3 Surface Water Drainage The subdivider shall do all grading and install all drainage structures shown on the preliminary plat for the area specified by the final plat. Section 6.1.4 Recreation and Park Development A. All residential subdivisions and developments, except minor subdivisions, shall provide funds to the county whereby the county may acquire public recreation and park land or areas to serve the development or subdivision in the immediate area. B. The amount of such fee shall be the product of the total number of dwelling units and/or building lots located in the development or subdivision multiplied by the recreation fee as established by The Harnett County Board of Commissioners. K11 C. The fee must be paid prior to approval of a final plat for the subdivision, provided that payments may be phased in accordance with the approved phasing of the subdivision. D. The county may transfer funds paid by one or more subdivisions to a municipality or make arrangements for the joint county /municipal expenditure of the funds where the county determines that such transfer or arrangements would better ensure the funds will be used to acquire public recreation and park areas that will serve the recreational needs of the development and developments in the immediate area. Section 6.1.5 Erosion and Sedimentation Control The subdivider shall cause all grading, excavations, open cuts, side slopes, and other land surface disturbances to be so mulched, seeded, sodded, or otherwise protected that erosion, siltation, sedimentation, and washing are prevented in accordance with plans and specifications and within such time periods approved by the Planning- BoardDRB. Where applicable, erosion and sedimentation control provisions shall be in conformity with the appropriate state regulations. Section 6.1.6 Guidelines for Handicapped Persons In order to remove restrictive barriers which severely impede the daily movements of physically handicapped and elderly persons, the subdivider shall comply with all requirements in North Carolina General Statute 136- 44.14. ARTICLE VII. ADMINISTRATION SECTION 7.0 ADMINISTRATION This Ordinance shall be administered by the Chief PlamierManager of Planning Services of the Harnett County Planning Department and is hereby so designated by adoption of this Ordinance. SECTION 7.1 VARIANCES The Planning Board may vary from the design standards and improvements required by this Ordinance, after finding that the following conditions exist: A. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures. B. Granting the variance requested will not confer upon the subdivider any special privileges that are denied to others. C. A literal interpretation of the provisions of this Ordinance would deprive the subdivider of rights commonly enjoyed by others. D. The requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare. E. The special circumstances are not the result of the actions of the subdivider. 21 F. The variance requested is the minimum needed. G. The burden of producing substantial evidence to support the required findings by the Planning Board is clearly upon the applicant. The Planning Board shall deny any request for a variance that is not directly supported by substantial and credible evidence. H. Land uses on adjoining property may be considered by the Planning Board during its deliberation . However ownership of any adjoining property by direct lineal descendants or direct lineal ascendants of the applicant or subdivider shall not be considered by the Planning Board. No variance shall be granted which conflicts with any other local, state, or federal statutes, Ordinances, or regulations. The subdivider shall submit a written request and justification for any such variance and the Planning Board may attach to the granting of such a variance any conditions necessary to insure that the purpose and intent of this Ordinance is not compromised. 22 SECTION 7.2 AMENDMENT The Harnett County Commissioners may from time -to -time amend these regulations pursuant to the North Carolina General Statutes 153A -323, 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 recommendations. The Planning Board shall have forty (40) days within which to submit a report. If the Planning Board fails to submit a report to the Commissioners within the specified time, it shall be deemed to have approved the amendment. SECTION 7.3 FEES The Harnett County Commissioners shall establish the fees to be paid by the subdivider for review of all subdivision plats. No subdivision plats shall be processed until all required fees have been paid. SECTION 7.4 DUTY OF REGISTER OF DEEDS The Planning Board of Harnett County shall file a copy of this Ordinance with the Register of Deeds of Harnett County. The Register of Deeds shall not thereafter file or record a plat of a subdivision located within the territorial jurisdiction of Harnett County without the approval of the Ia:mingA4h uDRB and the County Commissioners, as required in this Ordinance. The filing or recording of a plat of a subdivision without the approval of the Planning BoardDRB and the County Commissioners as required by this Ordinance, shall be null and void. The Clerk of Superior Court of Harnett County shall not order or direct the recording of a plat where such recording would be in conflict with this section. SECTION 7.5 PENALTY If a person who is owner or agent of the owner of any land located within the territorial jurisdiction of Harnett County subdivides his land in violation of this Ordinance or transfers or sells land by reference to, exhibition of or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the Office of the Register of Deeds of Harnett County, he shall be guilty of a Class 3 misdemeanor. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring land does not exempt the transaction from this penalty. Any person violating any provisions of this Ordinance or who shall violate or fail to comply with any order made thereunder, shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each day such a violation shall be permitted to exist shall constitute a separate offense. 23 SECTION 7.6 EFFECTIVE DATE This Ordinance is hereby established and declared to be in full force and effect from and after its passage. Approved and adopted by the Board of Commissioners this day of Chairman of the Board of Commissioners Attest: Clerk To the Board of Commissioners NORTH CAROLINA, HARNETT COUNTY 2001 I, , a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Kay S. Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed and sealed by him, attested by the said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said instrument to be the act and deed of Harnett County. This the day of 2001. My Commission expires: 24 Notary Public