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HomeMy WebLinkAboutAttachment 2Attachment 2 Proposed Language Article V. Use Regulations, Section 7.5.6 Firing Range (Indoor & Outdoor) 7.5.6 Firing Range All land use defined as a Firing Range in Article XIV, Section 2.0 of this Ordinance shall adhere to the requirements and regulations set forth in this section and any other applicable section of the Harnett County Unified Development Ordinance. These requirements and regulations are not mandated for the occasional target practice by an individual on property owned or leased by the individual or the individual’s immediate family, nor is it mandated for private ranges utilized by public or private high schools, colleges or universities and government owned and operated training or practice facilities. A. Conditional Use / Compliance Requirements In no case shall a firing range, whether a primary or ancillary use, be exempted from obtaining the required conditional use permit. In the event that a firing range facility or use thereof is changed, modified or expanded to include additional types of ranges, operations or activities not covered by the most current conditional use approval or pre-existing status. The submittal of a site plan indicating the addition, modification or change in operation of the firing range facility is required to be reviewed and receive Board of Adjustment approval prior to commencement of the change, modification or expansion. Facilities currently operating under the Sport Shooting Range Protection Act of 1997 shall comply with the current regulations and requirements of this Ordinance when the facility undergoes a change of use. In addition to notification of conditional use permit requests for the purpose of outdoor firing ranges made by the County, the applicant(s) shall make notification to all property owners within one (1) mile of the proposed facility. Such notification shall include the same information in the notification provided by the County. Proof of such notification shall be provided by the applicant(s), either by certified mail receipt, sworn statement, or evidence of publication of a one-half (1/2) page ad in a newspaper of local distribution. Request for conditional use approval of an indoor firing range shall follow the standard notification process conducted by the Harnett County Planning Department. B. Conditional Use Permit / Site Plan Requirements A completed conditional use application accompanied by a detailed site development plan must be submitted to the Harnett County Planning Department a minimum of thirty (30) days prior to the scheduled hearing date. All site plans are required to be submitted and sealed by a certified engineer with range design experience or an accredited individual certified in range design. A verifiable history of engineering or range design experience and performance in this area, must be supplied and accompany the site plan at time of submittal. Applications may be subject to a third party review process and review fee as referenced in the Harnett County Fee Schedule. In order for the application and site plan to be considered complete, the site plan shall include all components necessary to comply with the Range Development Standards for firing ranges as well as following information: Infor mation regarding the type, action and the highest caliber of firearms, explosive ordinance and/or device proposed to be utilized at the facility. Details regarding how the facility will be designed to facilitate the use of the highest caliber firearm proposed, including details regarding how the public will be protected from projectiles from such firearms, in accordance with recommendations from the current edition of the NRA Range Source Book or other accredited Range Design Publication. Information detailing the style or type of targets that will be utilized at the facility. Information shall include target composition, stationary or mobile design, distance from firing line and range location. All targets shall be used in conjunction with the manufacturers’ specifications for use. Information regarding firing line type and construction design, firearm discharge positions and firing techniques that will be utilized at the facility. Details regarding how the facility will provide containment of projectiles and debris caused by the type of ammunition, targets and activities to be utilized or occur on the site, entirely within the boundaries of such facility. The containment methods shall be in conjunction with recommendations for containment as referenced in the current edition of an accredited Range Design Publication. A firing range safety plan, including at a minimum, the following information, written in accordance with an accredited Range Design and Operation Publication. This plan shall be utilized during the planning, construction and operation of the facility. A) Firearm or other weapon(s) handling rules B) General and specific firing range rules and regulations C) Administrative rules and regulations Proposed hours and days of operation, which may be amended by the Board of Adjustment in the special interest of community safety, compatibility and welfare. Information regarding noise abatement design techniques that will ensure compliance with permissible noise level limitations specified in the Harnett County Noise Ordinance. The burden of proof that the proposed range facility meets and will not exceed the permissible noise level limitations of the Harnett County Noise Ordinance, shall rest with the applicant and/or property owner. All noise studies shall be performed by a professional engineer registered in the State of North Carolina or by a person with a degree in a discipline related to acoustics. Outdoor ranges that will discharge projectiles that contain lead, shall supply an Environmental Stewardship Plan prepared by a North Carolina Registered Engineer. The plan shall include semi-annual soil and water sampling, regular liming of the soil to prevent lead migration, reclamation and recycling of the lead and is compliant with the Best Management Practices, specifically relating to lead management, as specified by the Environmental Protection Agency’s (EPA) most current edition of Best Management Practices for Lead at Outdoor Shooting Ranges. Indoor ranges shall submit a similar plan that addresses the recovery and recycling of lead projectiles and the ventilation and other techniques utilized for hazardous material and contaminate removal. Outdoor range site plans shall illustrate the location of all property lines, structures and facilities located on the proposed site as well as adjoining properties. Site plans shall also illustrate the location of all streams, ponds, lakes or other watercourses or wetlands located on the proposed site and adjoining properties. Noted illustrations shall include distances from the proposed firing lines as well as target lines and backstops. Site plans may include information and illustrations regarding shot fall zones, safety zones, buffers, baffles and any other information or mitigation techniques, that may address concerns over compatibility, property values or the general welfare of the adjoining properties and the community at large. C. Range Development General Standards All firing ranges shall meet the following performance and developmental standards: Shot Containment All firing range facilities shall be designed and operated in a manner to contain all bullets, shot, arrows or other projectiles or any other debris on the range facility. Exploding Targets The discharge of an explosive device shall only be utilized for the purpose of shot confirmation. This type of target system shall only be allowed when used in conjunction with manufacturers’ specifications for use. Any misuse of this type of target system which results in the creation and /or propulsion of shrapnel is strictly prohibited. Noise Mitigation Noise generated from firing range facilities shall not escape the facility property or boundary lines at levels greater than sixty (60) dBA when located adjacent to properties zoned or utilized for residential / agricultural use and seventy-five (75) dBA when adjacent to properties zoned or utilized for commercial or industrial use as specified by the Harnett County Noise Ordinance. It shall be the responsibility of the firing range owner to mitigate and verify escaping noise levels. Range Orientation Ranges shall be designed so that the direction of fire shall be parallel to or perpendicular to and away from the public right(s)-of-way or dedicated access easements. All outdoor ranges shall be developed in a manner to ensure that streams, ponds, lakes, or other watercourses or wetlands are not located between any firing line and target line with exception granted to skeet ranges utilizing steel shot ammunition. Drainage and Erosion Control The range and associated facilities shall be designed to keep storm runoff from the range site at a volume and velocity no greater than what existed prior to range development. Appropriate erosion control measures shall be designed and installed to maintain water quality and prevent contamination from storm water runoff. Warning Signs Warning signs meeting the National Rifle Association (NRA) guidelines for firing ranges shall be posted spaced not more than on hundred (100) feet apart along the property boundary lines of all outdoor ranges in which the facility is located. Signage shall announce the potential dangers and presence of an active range utilizing highly visible colors. Parking All required parking facilities shall be located to the rear of the firing line and shall adhere to the Parking & Off-Street Loading Requirements of this Ordinance. Structures All structures and facilities shall adhere to all Federal, State and Local regulations and code requirements. Public Access All range facilities shall have access to an approved private or public street. Internal access to the facility shall be secured and controlled with ingress and egress permitted only during the approved operating hours of the facility. Safety Officer All range facilities open to the general public that allow the discharge of firearms shall provide an NRA Certified Range Safety Officer or individual that possess the knowledge, skills, and attitude essential to organizing, conducting, and supervising safe shooting activities and range operations. This safety official shall be located at the firing line to aide in the proper discharge and safe handling of all weapons anytime live fire is being conducted. Safety Plans / Range Rules Safety plans for the operation of the range shall be kept in the area of the firing line and made available upon request by the public or an inspecting agency. Rules and regulations regarding the operation of the range shall be posted in a manner to be visible to all participants of the facility. Setbacks All structures, facilities and components of the firing range located on the range site, shall conform to a minimum fifty (50) feet setback from all property lines. This setback is intended as a developmental setback to assist in compatibility of adjacent land uses and not a designated safety boundary. Liability Insurance The permittee shall be required to carry a minimum of one million dollars ($1,000,000.00) per occurrence of liability insurance. Such insurance shall name Harnett County as an additional insured party and shall save and hold Harnett County, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any property damage arising out of the acts or omissions of the permittee, his/her group, club, or its agents or representatives. The County shall be notified of any policy changes or lapses in coverage. D. Final Site Plan Submittal Upon conditional use approval from the Harnett County Board of Adjustment, the property owner shall provide a certified site plan to the Harnett County Planning Department for compliance review. The site plan shall include a notation of all conditions that may have been placed on the development as approved by the Board of Adjustment as well as any other requirements found within this Ordinance. Upon completion of the range facility, a certified final-as-built plan shall be submitted to the Harnett County Planning Department prior to the final zoning compliance inspection. E. Annual Zoning Inspection In order to ensure conditional use approval requirements and development standards are adhered to, the Harnett County Planning Department shall perform an annual zoning compliance inspection on all approved firing range facilities. Zoning compliance inspections shall be performed and verified utilizing the certified final-as-built plans for County approved firing range facilities. All approved facilities failing to comply with conditional use requirements or range development general standards, shall be held in violation of the Harnett County Unified Development Ordinance. All facilities found to be in violation shall be subject to enforcement actions specified within this Ordinance. F. Existing and Nonconforming Firing Range Facilities All existing and nonconforming firing range facilities shall be required to meet the following requirements. The facility shall be maintained in a manner that will contain all projectiles within the property boundary lines. The facility shall not engage in any activity that causes an increase in the nonconformity of the nonconforming firing range. The facility shall not increase the total amount of space devoted to the firing range facility. Facilities shall not perform physical alteration of structures or placement of new structures that results in the increase of total area used in conjunction with the firing range facility and/or operations. Minor repairs to and routine property maintenance shall be permitted for all existing structures, berms and safety devices. Existing and/or nonconforming firing ranges shall not be allowed to detonate any explosive device with the exception of exploding targets utilized for target confirmation. The utilization of exploding targets shall adhere to the manufacturers’ specification for use and shall not be placed or contained in an object which will result in the release of shrapnel. Ranges currently operating under the Sport Shooting Range Protection Act of 1997 shall be exempt from this provision.