HomeMy WebLinkAboutStaff Findings Harnett County
Planning Services
www.harnett.org
Proposed Text Amendment
PO Box 65
Article V. Use Regulations Section 7.0 Commercial Uses 108 E. Front St.
Sub-Section 7.5.6 Firing Ranges (Indoor & Outdoor) Lillington, NC 27546
Ph: 910-893-7525
Fax: 910-814-6459
Planning Board Concerns
The Harnett County Planning Board was presented
with a proposed text amendment regarding the regulation of Commercial Firing Ranges. The Board tabled the proposed amendment due to questions related to the requirement of professional
designers, engineers and industry technicians that must be involved with the design, construction and monitoring of these types of facilities. The Board was concerned if the requirement
of mandating insurance coverage was justifiable and if this requirement would place the County into a position of being involved in a legal dispute or lawsuit.
Planning Board Requests
Staff
has been asked to verify the following requirements placed in the proposed amendment:
Ability to require Liability Insurance
Ability to have the County named in a liability policy
as an additional insured party.
The direct need for technical design, review and monitoring of firing range facilities.
Staff Findings / Response
Staff has consulted with the staff
attorney and human resources / risk management coordinator regarding the mandatory insurance coverage requirements. The requirement of having the County added to the policy as an additional
insured party would not be necessary nor would it be enforceable due to the County not having a financial interest in the facility. The mandatory requirement of having the owner carry
a specified limit of liability insurance has the ability to create a situation that could involve the County in a suit involving the facility. The research committee and consultant
involved in the research and drafting of the proposed amendment, feel that this type of facility would require professional design and construction to ensure the safety and welfare of
the citizens of the County. In order for the facility to comply with the Harnett County Noise Ordinance, a professional in the field of acoustics would have to be involved due to the
technical requirements involving the assessment and containment of sound within specified areas. The committee feels that this type of facility would also require the mandatory testing
and monitoring of soils and storm water due to the ability of contamination and environmental impacts that could affect the citizens of the County.
Staff Recommendations
Require the
professional design and assessment of firing range facilities as proposed.
Delete the requirement of liability insurance from the proposed amendment.