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HomeMy WebLinkAbout2005/03/21 RESOLUTION AMENDING THE HC SUBDIVISION REGULATIONS TEXTO31aI�o5 HARNETT 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 proposed amendments to the Harnett County Subdivision Regulations and recommends the adoption of the following amendments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that the Subdivision Ordinance be amended by adding the following text to Article V Section 5.11 Streetscape Buffers (New Section); Article V. Design Standards Section 5.11 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: • 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. 5.11.1 Streetscape Buffer Types: One (1) of the following screening techniques must be used within all buffers: i 1. 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. 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. 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. 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. 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 Board for review and approval a detailed plan and specifications for streetscape buffering. The Planning Board 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. 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 th rough 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. 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. 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. Duly adopted this 21st day of March, Two Thousand Five and effective upon adoption. Y BOARD OF COMMISSIONERS Teddy 9. Byrd Chai * , ATTEST: .� � 'L- C an Kay S..Blanchard Clerk to the Board