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HomeMy WebLinkAbout031620mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 16, 2020 The Harnett County Board of Commissioners met in regular session on Monday, March 16, 2020, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Howard Penny, Jr., Chairman Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Gordon Springle, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Allen Coats, Deputy Finance Officer Margaret Regina Wheeler, Clerk Chairman Penny called the meeting to order at 6:00 pm. Commissioner Springle led the Pledge of Allegiance and invocation. Chairman Penny called for any additions or deletions to the published agenda. Commissioner Springle moved to approve the agenda as published. Commissioner McKoy seconded the motion that passed unanimously. Vice Chairman Miller moved to approve items on the consent agenda. Commissioner McKoy seconded the motion, which passed unanimously. 1. Minutes: March 10, 2020 Work Session March 2, 2020 Regular Meeting February 11, 2020 Planning Retreat 2. Budget Amendments: 23 Facilities Maintenance Code 1109910 599000 Contingency 1104230 543080 Rental — Buildings 293 Emergency Services Code 1104410 330310 1103900 390990 State Funds Fund Balance Appropriated 46,800 decrease 46,800 increase 32,840 increase 32,840 decrease March 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 5 3. Tax rebates, refunds and releases (Attachment 1) 4. Administration requests approval of Resolution Supporting the Formation of the Triangle Trails Initiative (Attachment 2) Chairman Penny opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following citizen addressed the Board: - Jerry Rivas of 364 Twin Ponds Lane in Sanford Vice Chairman Miller moved to approve the following appointments. Commissioner Springle seconded the motion that passed unanimously. Harnett County Community Child Protection Team The following were appointed to serve as a member of this team: o Wayne Coats or designee from Sheriff Department; o Thomas Hill, Scott Chase or designee from the Family Advocacy Program at Fort Bragg as an optional member; o Tonya Gray de Vazquez, Susana Rodriquez or designee as Executive Director of SAFE as an optional member o Laurie Perez as a representative from our MCO (Sandhills Center) as an optional member; and o Tara Fish, an optional member from the Harnett County Partnership for Children Harnett Health System Board of Trustees o Gene Lewis, representing District 3, was reappointed to serve a three year term - April 1, 2020 through March 31, 2023. o Susan Chriscoe, representing District 4, was reappointed to serve a three year term - April 1, 2020 through March 31, 2023. o Dr. Bradley Creed, representing District 3, was reappointed to serve a three year term - April 1, 2020 through March 31, 2023. Summerville Bunnlevel Fire & Rescue Relief Fund Earl Cameron was appointed to replace Everette Hurley on this relief fund board. Larry Smith, Director of Harnett County Emergency Services, presented Coats Fire and Rescue's request for approval to purchase of a new brush truck. The current brush truck is 35 years old, was purchased through the military surplus program, and has some challenging safety concerns coupled with increasing maintenance needs and unique parts. The replacement cost for the new vehicle is $70,000. Coats Fire and Rescue will finance the truck for 5 years with an approximate annual payment of $15,000. Commissioner Springle moved to approve the request as presented. Commissioner Johnson seconded the motion that passed unanimously. March 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 5 Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a public hearing: Proposed Rezoning: Case # PLAN 2002-0001 - Landowner / Applicant: Elizabeth E Cannon / KDP Development, LLC; 15.67 +/- acres; Pin #'s 0651-96-2858.000 & 0651-96-2624.000; From RA -40 to RA -30 Zoning District; SR # 1436 (Matthew's Road) Neill's Creek Township. There is one residence on the two parcels and per the application, the intent is to develop this property and build custom residential homes. Surrounding land uses include vacant/undeveloped and agricultural land. Also, single family residential uses that consist of stick -built and manufactured homes. Services available include Harnett County public water and private septic tank. Mr. Locklear noted that on March 2, 2020, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility to the Land Use Plan and due to the existing residential uses in the area. He noted two citizens attended the meeting but no one spoke in opposition. Mr. Locklear stated staff's evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA -30 is compatible with the overall land use classification of Medium Density Residential, as well as within the Compatibility Development Target area. The MDR land use class could have lot density that range from 2-5 units per acre. The Compatibility Development Target areas is based on potential water & sewer availability, which leads to flexibility with lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the total size of the tracts, similarity of the two districts, as well as Land Use compatibility, this application does not need to be considered for a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses and compatibility with the County's Land Use Plan. It is recommended that this rezoning request be approved. Mr. Locklear responded to questions from commissioners. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. Phil Stephenson with KDP Development, LLC, the applicant, said they hope and plan to have 25,000 square foot lots so they can have septic on them. He responded that 16 to 18 custom homes are currently planned on the properties. He also said they plan to sell the original residence on the property. March 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 5 Seeing no one else move, Chairman Penny closed the public hearing. Commissioner Springle moved to approve the requested rezoning to RA -30 as it is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the existing residential uses as well as compliance with the County's Land Use Plan. Commissioner Johnson seconded the motion, which passed unanimously. Mr. Locklear petitioned the Board for a public hearing: Proposed Text Amendment: Case # PLAN 2001-0003 — Harnett County Unified Development Ordinance, Article VII: Development Design Guidelines, Section 2.1 Comprehensive Transportation Plan; Section 8.1 Open Space General Provisions; Section 8.2 Design Standards for Open Space; Section 9.3 Streetscape Buffer for Major Subdivisions. Mr. Locklear reported that the Harnett County Planning Board, at their March 2, 2020 meeting, voted 4-0 to recommend approval of the Text Amendment application based on compliance with NCDOT. Mr. Locklear gave a quick overview of the proposed changes previously reviewed in more detail during a work session. He read the following Suggested Statement -of -Consistency: Staff concludes that the requested Text Amendment is compatible with Harnett County regulatory documents, as well as NCDOT's, and the benefits outweigh any potential inconvenience or harm to the community therefore it is recommended that this Text Amendment request be approved. Mr. Locklear responded that the Home Owners Association (HOA) would be responsible for maintaining any open space. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Penny closed the public hearing. Commissioner Springle moved to approve the Resolution Amending the Harnett County Unified Development Ordinance as presented. Vice Chairman Miller seconded the motion that passed unanimously. (Attachment 3) Mrs. Stewart presented Harnett County Schools' request for approval to use a Spectrum PEG (Public, Educational, Governmental) Channel as an educational channel. In the request from Jennifer Byrd, Harnett County Schools Chief Technology Officer, she said "as a form of digital signage, Harnett County Schools would like to use the PEG channel to promote events, inform parents, and keep the community abreast of the great things happening. We feel certain this type of increased engagement is a much better investment than paper handouts. Looking forward, Career Technical Education may also use this channel for student -led broadcasting. Harnett County Schools TV (HCSTV) would like to offer a unique learning experience for our high school students. Once the channel is established, it is our intent that most of HCSTV's programming is created entirely by the high school CTE and journalism classes. Students will write and produce newscasts as well as man all crew positions for live and taped events. The students will be responsible for enterprising store ideas and reporting other news from the district as well." March 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 5 Mrs. Stewart said that Harnett County will work with Harnett County Schools whenever government information is needed to be broadcasted. She also reminded the group that CCCC, who uses Lee County's PEG channel, has offered to broadcast for Harnett County. Commissioner Springle moved to approve allowing Harnett County Schools to use one of Harnett County's Spectrum PEG Channels as an educational channel. Vice Chairman Miller seconded the motion that passed unanimously. Ms. Stewart presented the following reports: Harnett County Veterans Services Activities Report — February 2020 Harnett County Public Health Activities Summary — February 2020 Community Child Protection Team (CCPT) Annual Report N.C. Department of State Treasurer Contribution -Based Benefit Cap Report Interdepartmental Budget Amendments Harnett County Health Director John Rouse and Emergency Services Director Larry Smith provided an update on COVID-19 including processes, procedures and preparedness. Chairman Penny read a prepared statement regarding Harnett County's Declaration of a State Emergency. Commissioner Springle moved to approve the Declaration of a State Emergency. Commissioner Johnson seconded the motion, which passed unanimously. Commissioners opted not to cancel any upcoming work sessions or regular meetings at this time. Harnett Regional Water Director Steve Ward addressed the Board regarding utility matters. Mr. Ward recommended, in order to minimize the spread of COVID-19, that HRW temporarily suspend all water disconnections due to non-payment to ensure that all customers have safe, clean water for washing and drinking. He said they would reassess this after some time. It was the consensus of the Board that HRW temporarily suspend all water disconnections due to non- payment. Chairman Penny called for any new business. Vice Chairman Miller announced that Monica Jackson, former Senior Staff Attorney for Harnett County, recently won a case at the NC Supreme Court. There was no need for closed session. Commissioner Springle moved to adjourn the meeting at 6:52 pm. Commissioner McKoy seconded the motion, which passed un vet 4 Penny, Chairman A4, et Regina eler, Clerk March 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 ATTACHMENT 1 ATTACHMENT 1 E Z Refund Amount Received Amount ':2 9- fo N O OC CO aF >. O O C C N =.0 O 0 47, N U RS O l0 �• 41 CU"-.. 2 77,cc M L c 0 -- v m0 o i° s Adjustment Reason 21.07 ESTRADA, TELESFORD AGUIRRE N q H N 0002260944-2019-2019-0000-00 Adjustment ATTACHMENT 2 Harnett COUNTY NORTH CAROLINA www.harnettorg A Resolution by the Harnett County Board of Commissioners Supporting the Formation of the Triangle Trails Initiative Whereas, Harnett County, North Carolina is committed to maintaining and enhancing the quality of life for citizens throughout the region and recognizes that the "Triangle Trails Initiative" will contribute to quality of life by weaving together community and regional assets via a network of trails and greenways; and Whereas, the "Triangle Trails Initiative" recommends linking trails and greenways together, across a multi -county regional landscape, gaining cooperation of public and private sector interests that encourage collaboration; and to create a network that will, in the long term, provide transportation, exercise, leisure, safety, accessibility, recreation, community and economic benefits aimed at enhancing the quality of life; and Whereas, many communities, agencies, and trail advocates in the region have taken a lead in planning and building local trails and greenways, and those efforts can be greatly enhanced by being connected to a larger regional network of trails; and Whereas, trails and their green landscape areas help improve the quality of the air we breathe by preserving trees and vegetation, by promoting reduce congestion through non -motorized transportation, and enhance the quality of our water through natural buffers mitigating the impacts of storm water run- off; and Whereas, trails and greenways are freely accessible community assets offering opportunities for transportation, recreation and exercise to everyone, including children and families, providing safe places for county residents to experience a sense of community, celebrate our history and culture, and create stronger social ties; and Whereas, trails have significant impact on the health and economic viability of the region encouraging active lifestyles, increased levels of tourism, enhanced property values, added jobs, as well as enhanced ability to attract and retain businesses to the region due to improved quality of life; and Whereas, the "Triangle Trails Initiative" provides the foundation for a long term strategy that will continue to grow and to provide an invaluable resources for our children, grandchildren and great grandchildren; and Now, Therefore, Be It Resolved that the Harnett County Board of Commissioners supports the concept of working within a regional framework to plan, design, develop and link protected undeveloped landscapes and natural resources by endorsing the "Triangle Trails Initiative." Adopted by the Harnett County Board of Commissioners in regular session, this 16th day of March 2020. HATT COUNTY BOARD OF COMMISSIONERS Penny, Jr., Chairman argo ret • egin heeler, Cl strong roots • new growth ATTACHMENT 3 klik. Harnett COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE www.harnett.org WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 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-340; and WHEREAS, the UDO 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 article of the UDO 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 Harnett County Unified Development Ordinance Article VII: Development Design Guidelines, Section 2.1 Comprehensive Transportation Plan; Section 8.1 Open Space General Provisions; Section 8.2 Design Standards for Open Space; Section 9.3 Streetscape Buffer for Major Subdivisions, of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 16th day of March 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS EOA ST: c.. arg et Regin heeler, Clerk to the Board strong roots • new growth °ward Penny, Jr., Chai Article VII Development Design Guidelines. Section 2.0 Street & Transportation Standards 2.1 Comprehensive Transportation Plan 2.1.1 Purpose dApplicability The Harnett County Comprehensive Plan (CTP) is an officially adopted plan addressing long range transportation needs regarding land use and development within Harnett County. It shall be the responsibility of developer(s) of major subdivisions, minor subdivisions, and nonresidential sites to comply with the Harnett County Comprehensive Transportation Plan (CTP) to further the purpose of said plan. 2.1.2 Required Improvements All such development located adjacent to a corridor that is included in the County's adopted Comprehensive Transportation Plan, or any other officially adopted Plan, shall comply with the prescribed improvements as indicated within said Plan. 2.13 Measurement of Land Area for Future Right -of -Way All such development located adjacent to a corridor identified by the CTP for future widening shall include building setbacks measured from the future right(s)-of-way identified, in order to accommodate future street widening. Existing nonresidential lots of less than one (1) acre in size shall be exempt from this requirement. Land area necessary for future right(s)-of-way, shall be determined as identified by NCDOT plans where as available, or otherwise by applying half of the right(s)-of-way width recommended in the Harnett County Comprehensive Transportation Plan (CTP) along each side of the thoroughfare's existing edge of right(s)-of-way or centerline alignment, whichever is applicable. Section 8.0 Open Space 8.1 General Provisions A. The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed in this Section to be as follows: 1. To provide adequate improved recreational open space areas and unimproved open space; 2. To provide prime views and open vistas, providing relief from an urban landscape; 3. To encourage the preservation of existing trees and vegetation; 4. To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams, wetlands and land adjoining the Cape Fear River; 5. To encourage the protection of air and water quality; 6. To enhance flood control; and 7. To provide protection for historically or archeologically significant areas. 8. A minimum of 10 percent (10%) of the total open space provided in residential developments shall include improved open space area(s) as defined by this Ordinance. The improved open space area shall be proportionate to the entire development and, if applicable, each phase shall include an area of improved open space. In no case shall an open space area be less than the smallest lot within the phase in which the open space is located. B. For purposes of this document, usable open space means an area that: 1. Is not encumbered with any structure unless such structure is intended for recreational open space purposes; 2. Is not contained within street right(s)-of-way or otherwise devoted to use as a roadway, ingress/egress easement, or parking area not associated with the use of the open space; 3. Is left in its natural or undisturbed state (as of the date development began), if wooded (except for the cutting of trails for walking or jogging) or, if not wooded at the time of development, is landscaped for ballfields, picnic areas, play areas, or similar recreational open space facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth in; 4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; 5. Is legally and practicably accessible to the residents of the development out of which the required open and recreational open space is taken, or to the public if dedication of the open and recreational open space; and 6. Is not encumbered by private underground septic lines, any part of a private sewage disposal system, or any private above -ground or below -ground septic related structure, or related easements. C. The following areas shall be regarded as open space where such areas satisfy the criteria set forth in the above Section: 1. Public utility easements located outside of street right(s)-of-way such as drainage, access, sewer or water lines, or other public purpose 2. Private cemeteries located on a tract prior to its development 3. Areas used for growing crops 4. Agricultural and horticultural uses, specifically excluding commercial livestock operations 5. Pastureland for horses used solely for recreation purposes 6. Public or private recreational facilities including but not limited to playgrounds, tennis courts, ball fields, volleyball courts, etc., which are improved to the accepted national or local standards for size and associated amenities. 7. Neighborhood open space uses such as village greens, community gardens, and trails 8. Golf or tennis club open to the public D. The following areas shall not be regarded as open space and shall not be counted toward open space required by this Section: 1. Islands or internal planted areas required by other Sections of this Ordinance shall not be considered open space for the purposes of this Section. For example, islands in parking lots shall not count towards required open space. E. Flexibility in Administration Authorized 1. The requirements set forth in this Section concerning the amount, size, location, and nature of open space to be provided in connection with residential developments are established by the Board of County Commissioners as standards that presumptively will result in the provision of that amount of open space that is consistent with generally recognized standards relating to the need for such areas. The Board recognizes, however, that due to the particular nature of a tract of land, or the particular type or configuration of development proposed, or other factors, the underlying objectives of this Section may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Planning Board is authorized to permit minor deviations from these standards whenever it determines that: a. The objectives underlying these standards can be met without strict adherence to them; and b. Because of peculiarities in the developer's tract of land or the particular type or configuration of the development proposed, it would be unreasonable to require strict adherence to these standards. 2. Whenever the Planning Board authorizes some deviation from the standards set forth in open space requirement, the official record of action taken on the development application shall contain a detailed statement of the reasons for allowing the deviation. 8.2 Design Standards for Open Space A. All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area. B. All wetlands, and blue -line streams with a required vegetative, riparian buffer, shall be contained in open space areas, unless platted prior to September 16, 2019 or mitigated via the US Army Corps of Engineers permitting process. C. For developments located entirely or partially within a Conservation Zoning District that surrounds a water feature (wet or dry), a minimum of 50 percent (50%) of the depth of the District (measured perpendicularly from the water feature and located closest to the water feature) shall be dedicated to open space D. This dedication of open space shall count towards any other open space requirements. E. Prime Views & Open Vistas Such area shall be defined as the area between existing street right(s)-of-way and property line of proposed lots for the new development. 1. Developments located adjacent to Interstate and Principle Arterials shall provide a 175 foot minimum of prime views 2. Developments located adjacent to Minor Arterials and Major and Minor Collectors shall provide a 75 foot minimum of prime views. 3. Developments located adjacent to all other street types shall provide a 50 foot minimum of prime views. 4. Required Streetscape Buffer shall be planted within the Prime Views & Open Vista area. F. All open space area shall be permanently restricted from future subdivision and development unless specifically stated here in. G. Common open space areas shall have a minimum of one (1) access easement to allow for utilization by all owners of property within the subdivision. Access easements shall be a minimum of 12 feet in width and shall include an identification sign. H. Parking for Improved Open Space Areas All required parking areas shall, at a minimum, be development with six (6) inches of aggregate base course (ABC) gravel and include parking stops. Shared parking shall be permitted for differing types of improved open space, utilising the greater number of spaces required. 1. Structures Where a structure is built, parking shall be provided in accordance with this Ordinance for the same type of facility. Structures that are not listed in this Ordinance shall provide parking at a ratio of one (1) space per 200 square feet of covered area. 2. Athletic Fields When an athletic Geld is developed, parking shall be provided at a ratio of half (1/2) of what is required by this Ordinance. 3. Pedestrian Trails & Other Improvements Where a pedestrian trail or other improvements are made, parking shall be provided at the trail head or main entrance with a minimum of five (5) parking spaces. 8.3 Ownership Options One (1) of the following methods shall be utilized for ownership of open space. A. Open space or any portion thereof may be dedicated to the County of Harnett for public use or any municipality located within the jurisdiction of Harnett County. Any dedication shall be formally accepted by the County or municipality to be valid. Nothing in this Ordinance in any way obligates the County or municipality to accept the dedication of any property; B. The common open space or any portion thereof may be retained, operated, and maintained by the developer and/or development owner if a legal document is submitted to the County prior to the issuance of a building permit binding in perpetuity the common open space to be used as such and to be maintained in an appropriate manner. If at any future date the owner(s) of the common open space and its facilities wishes or is required to relinquish control of such facilities, the common open space shall be conveyed as described above, dedicated to the County for public use, or sold with all operating requirements and legal obligations still binding. The common open space shall forever be part of the development; C. Condominium & Homeowners' Association; All common facilities and open space areas may be controlled through the use of condominium agreements, covenants, and/or homeowners' association by-laws. Such agreements shall be in accordance with relevant State law; D. Non-profit conservation organization; or E. Private ownership Section 9.0 Buffers & Landscaping 9.3 Streetscape Buffer for Major Subdivisions All subdivisions with more than six (6) lots that have lots of which abut State maintained right(s)-of-way shall be required to adhere to the following streetscape buffer requirements for all property that adjoins an existing state maintained street, unless otherwise stated herein. Developments with lots that abut NCDOT maintained roads shall be buffered with a minimum 30 foot buffer measured from the right-of-way. 9.3.1 Streetscape Beer Types All buffer types shall include a staggered row of large maturing trees and at least five (5) low growing shrubs for every required large maturing tree as well as one of the following screening techniques: A. 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 30 feet; or B. 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 50 feet; or an opaque fence six (6) feet in height finished side of fence shall face out, and supplemented with large maturing trees every 50 feet; or C. A berm, meeting the requirements of this Section. 9.3.2 Modification of PlantingTypes If it is demonstrated that existing vegetation meets the intent of this section, the subdivision administrator may waive the requirements for the plant material. 9.3.3 Ownership & Maintenance of Streetscape Buffirs 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 (HOA) will be established for the proposed subdivision then the HOA 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. The developer shall remain responsible for all ownership and maintenance of streetscape buffers until the HOA has been completely established. B. Ownership without a Homeowners' Association In the situation where there is not going to be a Homeowners' Association (HOA) 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 shall have a deed recorded with a restriction that the streetscape buffer remain undisturbed. Further, the restriction shall 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. 9.3.4 Uses Prohibited within the Streetscape Buffer The following uses shall be prohibited from being located within the streetscape buffer. A. All Structures B. Storage of equipment C. Playground equipment and other similar structures D. Driveways with the exception of main entrances to the subdivisions