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HomeMy WebLinkAbout111620mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 16, 2020 The Harnett County Board of Commissioners met in regular session on Monday, November 2, 2020, in the Commons Room, 309 W Cornelius Harnett Blvd, Lillington, North Carolina. The Board demonstrated compliance with State law and prudent public health practices. Members present: Mark B. Johnson, Chairman Joe Miller, Vice Chairman Gordon Springle, Commissioner W. Brooks Matthews, Commissioner Members absent: Barbara McKoy, Commissioner Staff present: Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Lindsey B. Lucas, Deputy Clerk Chairman Johnson called the meeting to order at 6:00 pm. Commissioner Brooks Matthews led the Pledge of Allegiance and Invocation. Chairman Johnson called for any additions or deletions to the published agenda. Commissioner Springle moved to approve the agenda as published. Vice Chairman Miller seconded the motion that passed 4-0. Vice Chairman Miller moved to approve items on the consent agenda. Commissioner Springle seconded the motion that passed 4-0. 1. Minutes: October 27, 2020 Work Session November 2, 2020 Regular Meeting 2. Budget Amendments: 308 Governing Body Code 1104110 547090 Allocation 1103900 390990 Fund Balance Appropriated 277 General Fund Code 1109800 598200 Interfund Trans -Special Rev 1109910 599000 Contingency 350.000 increase 350,000 increase 8,591 increase 8,591 decrease November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 1 of 8 278 Veterans Treatment Court Code 2504185 544000 M Teachy 6,010 increase 2504185 539090 Corrisoft 2,581 increase 2503900 390990 Transfer from General Fund 8,591 increase 955 Capital Reserve Communication Code 5144591 544050 Software Maint & Support 369,248 increase 5143900 390990 Fund Balance Appropriated 369,248 increase 953 Emergency Services Code 1104410 582000 Non -Cap Asset — Small Equipment 2,850 increase 1104410 380850 Insurance Settlement 2,850 increase 1123 Board of Elections Code 1104170 524020 M & R Supplies -Equipment 2,367 increase 1104170 537010 Advertising 2,283 increase 1104170 526010 Office Supplies 8,106 increase 1104170 532050 Postage 10,000 increase 1104170 502020 Salaries & Wages — Part Time 16,000 increase 1104170 534010 Printing 18,566 increase 1104170 502030 Salaries & Wages — Overtime 21,851 increase 1104170 380840 Contributions & Donations 79,173 increase 10 General Fund Code 1104512 523070 Animal Services Supplies 1,947 increase 1104510 523070 Animal Services Supplies 996 increase 1104512 380840 Contributions & Donations 2,943 increase 16 Transportation CTPCP Code 1104630 330310 1103900 390990 Community Transportation — State Fund Balance Appropriated 3. Tax rebates and releases (Attachment 1) 21,100 increase 21,100 decrease .move -A1 ho it+6. c4w1.6%4 heeded 1a -8-.7.o 4. Resolution to Honor Commissioner Gordon Springle for His Dedicated Service to Harnett County and its Citizens. (Attachment 2) 5. Resolution to Honor Commissioner Howard Penny, Jr. for His Dedicated Service to Harnett County and its Citizens. (Attachment 3) 6. Resolution to Honor Commissioner Joe Miller for His Dedicated Service to Harnett County and its Citizens. (Attachment 4) November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 2 of 8 7. The Human Resources Department and the Legal Department requested approval of the amended Harnett County Personnel Ordinance including: (1) add the Certifications and Degrees Policy, (2) amend the Educational Leave Policy, and (3) amend those portions of the Ordinance that address reclassifications of positions 8. Harnett County Sheriffs Office requested approval to accept a grant from the Department of Justice, Bureau of Justice Assistance, in the amount of $21,451 with no matching funds. The funds will be used to purchase Combat Application Tourniquet for deputies, mobile printers for deputies, and training. 9. General Services Director/Harnett Area Rural Transit System (HARTS) requested approval of the NCDOT/PTD FY2021 5339 Capital grant agreement in the amount of $325,000. Total County match is $32,500. The grant provides funding for the Capital expenses associated with providing public transportation for the citizens of Harnett County. 10. Harnett County Tax Administrator requested approval of a Resolution Providing for Electronic Listing and Extending the Time for Filing Electronic Listings of Personal Property for Property Tax Purposes. 11. Emergency Services requested approval of the fireworks application from East Coast Pyrotechnics for the Town of Lillington Veterans Day Fireworks Display that took place November 11th at 7:00 p.m. 12. Resolution to Change The Meeting Location of the December 7, 2020 Regular Meeting of the Harnett County Board of Commissioners (Attachment 5) 13. Administration requested approval of a Resolution of the Harnett County Board of Commissioners Authorizing the Issuance of an Operational Loan to the Harnett Properties Corporation and a Loan Agreement between Harnett County, North Carolina and Harnett County Properties Corporation. (Attachment 6) Chairman Johnson called for Special Presentations to be conducted. Mrs. Stewart presented Vice Chairman Miller and Commissioner Springle with Harnett County Appreciation Plaques. Chairman Johnson read and presented both Vice Chairman Miller and Commissioner Springle with resolutions honoring them for their dedicated service to Harnett County and its citizens. Senator Jim Burgin presented both Vice Chairman Miller and Commissioner Springle with the Order of the Long Leaf Pine. Sheriff Wayne Coats addressed the Board. Chairman Johnson called for a short recess for a reception for the outgoing commissioners. Chairman Johnson called the meeting to order and opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following citizens addressed the Board: November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 3 of 8 Jerry Rivas of 364 Twin Ponds Rd, Sanford Rose Teniente of 179 Tilden Howington Drive in Lillington Elizabeth Crudup of 234 Hamilton Road in Bunnlevel Deputy Clerk Lucas read aloud a public comment that was received via email from Rebecca Forbes. Vice Chairman Miller moved to approve the following appointments. Commissioner Springle seconded the motion, which passed 4-0. Adult Care Home Advisory Nekecha McKoy was appointed to serve on this committee for a 1 year term expiring 12/31/2021. Juvenile Crime Prevention Council Shavonda Chance, Lynn Herring, Frankie Powers, Adrian Standish, and Kimberly Whitted were reappointed for 2 year terms expiring 10/31/2022 Mid -Carolina Aging Advisory Committee Pat Dutton and Lillie Mae Bailey were reappointed for 3 year terms expiring 01/31/2024 Steve Ward, Director of Harnett Regional Water, requested approval of the amended Harnett Regional Water Water and Sewer Ordinance. Mr. Ward explained the General Assembly changing G.S. 162A-2-13, which changes the way utilities in North Carolina collect water and sewer development fees, resulting in the need to amend the ordinance. Mr. Ward said this will also change the way capacity fees are collected and will need to amend the capacity allocation section in their ordinance. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. The following citizen asked questions, made suggestions and/or comments regarding the possible amendment to the Harnett Regional Water -Water and Sewer Ordinance: - Elizabeth Longman, 234 Hamilton Road in Bunnlevel Seeing no one else move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Springle made a motion to approve the amended Harnett Regional Water -Water and Sewer Ordinance as presented. Vice Chairman Miller seconded the motion which passed 4-0. Barry Blevins, Director of General Services, petitioned the Board for a public hearing regarding the Community Development Block Grant Program. Mr. Blevins explained to the Board that he learned as of late Wednesday the Department of Commerce stopped taking applications so he is still hoping to hold the public hearing and ask the Board to approve a Resolution for them to November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 4 of 8 apply for it and to put it on the shelf and be ready for the next round. Mr. Blevins explained what the grant funds would be used for. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. The following citizens asked questions, made suggestions and/or comments regarding the Community Development Block Grant Program: - Rose Teniente of 179 Tilden Howington Drive in Lillington - Elizabeth Crudup of 234 Hamilton Road in Bunnlevel Seeing no one else move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Springle made a motion to approve the application for the Community Development Block Grant Program and Vice Chairman Miller seconded the motion which passed 4-0. Barry Blevins, Director of General Services, petitioned the Board for a public hearing regarding the proposed 5311 and 5399 Community Transportation Program application. Mr. Blevins stated to the Board the difference for FY2022 is the state will no longer match so a match of $114,994 is required and would like the Board to approve a Resolution for them to apply for this grant. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. The following citizens asked questions, made suggestions and/or comments regarding the 5311 and 5399 Community Transportation Program application: - Alan Longman of 234 Hamilton Road in Bunnlevel Seeing no one else move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Vice Chairman Miller made a motion to approve the application for the 5311 and 5399 Community Transportation Program application and Commissioner Miller seconded the motion which passed 4-0. Jay Sikes, Planning Services Manager, petitioned the Board for a public hearing on the proposed rezoning, Landowner/Applicant: Neal Bryant Johnson / PN Development; 39.1 +/- acres; Pin # 0651-84-5847.000; From RA -40 to RA -30 Zoning District; SR # 1436 (Matthews Road); Neill's Creek Township. Mr. Sikes reported that surrounding land uses include some major subdivisions in the vicinity, as well as single family residential lots and agricultural uses. Services available include Harnett County public water and sewer. Mr. Sikes stated that on November 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. No one spoke in opposition. Mr. Sikes stated staffs evaluation as: November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 5 of 8 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 same as adjacent properties. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the Land Use classification of Medium Density Residential, as well as within the Compatibility Development Target area. The MDR land use class could have lot densities that range from 2-5 units per acre. The Compatibility Target area is based on potential water and sewer availability, which leads to flexibility in lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -30, would enhance or maintain the public health, safety and general welfare due to the existing residential uses within the area. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30 would not have an unreasonable impact on the surrounding community based on the existing residential uses and compatibility with the County's Land Use Plan. Therefore, it is recommended that this rezoning request be approved. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Seeing no one move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Springle made a motion to approve the requested rezoning to RA -30 and Commissioner Matthews seconded the motion which passed 4-0. Mr. Sikes petitioned the Board for a public hearing regarding Text Amendment Case# Plan 2010-0002 Harnett County Unified Development Ordinance; Article XIV, Definitions and Certifications; Sections 2.0, 5.0. To amend Harnett County's U.D.O. in order to comply with North Carolina Statute 160D. This amendment brings consistency to definitions as referenced in the newly adopted language of 160D. Mr. Sikes stated that on November 2, 2020, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility with the NC General Statutes. No one spoke in opposition. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Seeing no one move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Springle made a motion to approve the requested Text Amendment for Case# Plan 2010-0002 and Commissioner Matthews seconded the motion which passed 4-0. (Attachment 7) November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 6 of 8 Mr. Sikes petitioned the Board for a public hearing regarding Text Amendment Case# Plan 2010-0003 Harnett County Unified Development Ordinance; Article XII, Enforcement and Penalties; Sections 5.0, 6.0. To amend Harnett County's U.D.O. in order to comply with North Carolina Statute 160D. This amendment clarifies the appropriate notification process as it relates to issuing a notice of violation and is consistent with the newly adopted language of 160D. Mr. Sikes stated that on November 2, 2020, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility with the NC General Statutes. No one spoke in opposition. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Seeing no one move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Matthews made a motion to approve the requested Text Amendment for Case# Plan 2010-0003 and Commissioner Springle seconded the motion which passed 4-0. (Attachment 8) Mr. Sikes petitioned the Board for a public hearing regarding Text Amendment Case# Plan 2010-0004 Harnett County Unified Development Ordinance; Article III, IV, V, VI, XI, XII, XIII, XIV. To amend Harnett County's U.D.O. in order to comply with North Carolina Statute 160D. This amendment replaces the previous statute reference of 153A to reflect the newly adopted language of 160D statute reference. Mr. Sikes stated that on November 2, 2020, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility with the NC General Statutes. No one spoke in opposition. Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Seeing no one move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Springle made a motion to approve the requested Text Amendment for Case# Plan 2010-0004 and Commissioner Matthews seconded the motion which passed 4-0. (Attachment 9) Mr. Sikes petitioned the Board for a public hearing regarding Text Amendment Case# Plan 2010-0005 Harnett County Unified Development Ordinance; Article III, IV, V, VI, XI, XII, XIII, XIV. To amend Harnett County's U.D.O. in order to comply with North Carolina Statute 160D. This amendment replaces the term for Conditional Use Permit with the term of Special Use Permit. Mr. Sikes stated that on November 2, 2020, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility with the NC General Statutes. No one spoke in opposition. November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 7 of 8 Chairman Johnson called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Seeing no one move and hearing no one speak, and having received no written comments, Chairman Johnson closed the public hearing. Commissioner Matthews made a motion to approve the requested Text Amendment for Case# Plan 2010-0005 and Commissioner Springle seconded the motion which passed 4-0. (Attachment 10) Mrs. Stewart petitioned the Board for public comment regarding the proposed 2021-2022 Capital Improvement Plan. Chairman Johnson opened the floor for public comment. No one spoke. Mrs. Stewart presented the following reports: - DSS Monthly Report — October 2020 - Interdepartmental Budget Amendments Mrs. Stewart provided an update on COVID-19 in Harnett County. There was no need for closed session Vice Chairman Miller moved to adjourn the meeting at 7:40pm. Commissioner Springle seconded the motion which passed 4-0. et Mark B. Johnso an dsey B. Luca, Deputy Clerk November 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners 8 of 8 ATTACHMENT 2 A RESOLUTION TO HONOR COMMISSIONER GORDON SPRINGLE FOR HIS DEDICATED SERVICE TO HARNETT COUNTY AND ITS CITIZENS WHEREAS, Charles Gordon Springle was born in Craven County on October 26, 1945, the son of Horace Gordon and Helen (Dale) Nordan Springle; and WHEREAS, Gordon served his country as a member of the United States Army and is a veteran of the Vietnam War; and WHEREAS, Gordon graduated from Campbell University in 1971 with a degree in Business Administration; and WHEREAS, Gordon worked with the North Carolina Farm Bureau Insurance Company from 1976 until 2011, retiring as a District Sales Manager; and WHEREAS, Gordon was elected to two terms on the Harnett County Board of Commissioners, representing District 4, and serving as Vice Chairman from 2014 to 2015 and Chairman from 2016 to 2019; and in that role was dedicated to providing quality services to the county's residents while keeping a watchful eye on the County's budget to ensure responsible stewardship of taxpayer funds; and WHEREAS, as a Commissioner, Gordon served on several Boards and Committees including: Central Carolina Community College Board of Trustees, Mid -Carolina Council of Governments Board of Directors, Triangle South Workforce Development Board, Harnett County Social Services Board, Capital Area Metropolitan Planning Organization, Fayetteville Area Metropolitan Planning Organization, Mid - Carolina Rural Planning Organization, Johnston -Lee -Harnett Community Action Committee, NCACC Agricultural Advisory Committee and NCACC Legislative Committee; and WHEREAS, Gordon participated in the North Carolina Association of County Commissioners' Local Elected Leaders Academy (LELA) and achieved the program's Mentor recognition in 2017 after previously achieving the levels of Practitioner and Master; and he was awarded the M.H. "Jack" Brock Memorial Award from the Mid -Carolina Council of Governments in 2016; and WHEREAS, Gordon is a dedicated member of his community, serving as an active member of the Kiwanis Club of Angier and as chairman of the diaconate at Angier Baptist Church; and WHEREAS, the accomplishments above represent a small portion of Gordon's contributions to the community he calls home — Gordon spent his time as a Commissioner creating opportunities for others and bringing resources, jobs and prosperity to Harnett County and beyond; and WHEREAS, even more important to Gordon than his many civic, political and business accomplishments is his family — his wife of 52 years, Donna Vaughan Springle, their two children, Patrick Springle and Valerie Seymour, and four grandchildren; and WHEREAS, Harnett County is a better place and the lives of its residents have been enhanced because of Gordon's service; and NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners does hereby express its sincerest gratitude for the service of Harnett County Commissioner Gordon Springle and for his many contributions for the betterment of Harnett County. Duly adopted this the 16th day of November 2020. Harnett County Board of Commissioners Mark Johnson, Chairman Joe Miller, Vice -Chairman Barbara McKoy W. Brooks Matthews ATTACHMENT 3 A RESOLUTION TO HONOR COMMISSIONER HOWARD PENNY JR. FOR HIS DEDICATED SERVICE TO HARNETT COUNTY AND ITS CITIZENS WHEREAS, Howard Lassiter Penny Jr. was born in Harnett County on August 5, 1947, the son of Howard Penny Sr. and Florin Penny; and WHEREAS, after graduating from Coats High Schools, Howard attended Campbell University and graduated with an Associate of Applied Science in Agri -Business degree from Fayetteville Technical Institute before embarking on a career in agri-business and running a family farm in Coats; and WHEREAS, Howard was elected to the Harnett County Board of Commissioners, representing District 3, and serving as Vice -Chairman from 2017 to 2018 and Chairman from 2019 to 2020, and in that role was dedicated to providing quality services to the county's residents while keeping a watchful eye on the County's budget to ensure responsible stewardship of taxpayer funds; and WHEREAS, in addition to serving as a Harnett County Commissioner, Howard also served on the Harnett Planning Board, the Harnett County Board of Adjustment, and the Harnett County Board of Equalization and Review, and was elected to the Harnett County Board of Education in 2014, serving in that role until he was elected to the Board of Commissioners; and WHEREAS, as a Commissioner, Howard served on several Boards and Committees including: Harnett County Properties Corporation, Research. Triangle Regional Partnership Board of Directors, Capital Area Metropolitan Planning Organization, Fayetteville Metropolitan Planning Organization, Mid - Carolina Rural Planning Organization, Extension Advisory Leadership Council, Harnett County Parks & Recreation Advisory Committee, Sandhills Center for Mental Health, and NCACC Agriculture Steering Committee; and WHEREAS, Howard participated in the North Carolina Association of County Commissioners' Local Elected Leaders Academy (LELA) and achieved the program's Mentor recognition in 2019 after previously achieving the level of Practitioner; and WHEREAS, Howard is a dedicated member of his community, serving as a certified Crop Advisor with the National Society of Agronomy and attending Neills Creek Baptist Church; and WHEREAS, the accomplishments above represent a small portion of Howard's contributions to the community he calls home — Howard spent his time as a Commissioner creating opportunities for others and bringing resources, jobs and prosperity to Harnett County and beyond; and WHEREAS, even more important to Howard than his many civic, political and business accomplishments is his family — his wife of 53 years, Patricia, and their son, Howard Penny III; and WHEREAS, Harnett County is a better place and the lives of its residents have been enhanced because of Howard's service; and NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners does hereby express its sincerest gratitude for the service of Harnett County Commissioner Howard Penny and for his many contributions for the betterment of Harnett County. Duly adopted this the 16th day of November 2020. Harnett County Board of Commissioners Mark Johnson, Chairman Joe Miller, Vice -Chairman Gordon Springle Barbara McKoy W. Brooks Matthews ATTACHMENT 4 A RESOLUTION TO HONOR COMMISSIONER JOE MILLER FOR HIS DEDICATED SERVICE TO HARNETT COUNTY AND ITS CITIZENS WHEREAS, William Joseph Miller Jr. was born in Lee County on August 26, 1959, the son of Bill and Rudine Miller; and WHEREAS, after graduating from Sanford Central High School, Joe attended to Elon University before starting a career with Central Carolina Nissan, Phoenix Fire Protection, Inc., and opening his own business, Miller Landscaping and Irrigation Services, in Harnett County; and WHEREAS, Joe was elected to two terms on the Harnett County Board of Commissioners, serving as Chairman from 2013 to 2014 and Vice -Chairman from 2016 to 2017 and from 2019 to 2020, and in that role was dedicated to providing quality services to the county's residents while keeping a watchful eye on the County's budget to ensure responsible stewardship of taxpayer funds; and WHEREAS, as a Commissioner, Joe served on several Boards and Committees including: Good Hope Board of Directors, the Sandhills Center Board of Directors, the Sandhills YMCA Board of Directors, the Harnett County Nonprofit Committee, and the Harnett Properties Corporation; and WHEREAS, Joe is a dedicated member of his community serving as a youth baseball, soccer, and shooting coach for the last decade; teaching hunter safety and wildlife conservation for the NC Wildlife Department; and attending Barbecue Presbyterian Church where he serves as an Elder; and WHEREAS, the accomplishments above represent a small portion of Joe's contributions to the community he calls home — Joe spent his time as a Commissioner creating opportunities for others and bringing resources, jobs and prosperity to Harnett County and beyond; and WHEREAS, even more important to Joe than his many civic, political and business accomplishments is his family — his wife, Luann, and their two children Adam and Anna, and two grandchildren; and WHEREAS, Harnett County is a better place and the lives of its residents have been enhanced because of Joe's service; and NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners does hereby express its sincerest gratitude for the service of Harnett County Commissioner Joe Miller and for his many contributions for the betterment of Harnett County. Duly adopted this the 16t day of November 2020. Harnett County Board of Commissioners Gordon Springle Mark Johnson, Chairman Barbara McKoy W. Brooks Matthews ATTACHMENT 5 ;ifsHarnett COUNTY NORTH CAROLINA zcn 18 ,!1 to 2 A RESOLUTION TO CHANGE THE MELIDIGM)CATION. OF THE DECEMBER 7, 2020 REGULAR MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS www.harnett.org THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board may change the place or time of a particular meeting by resolution: that the Board has determined that on Monday, December 7, 2020 at 9:00 am it will hold its regular meeting in the Commons Area Meeting Room, 309 W. Cornelius Harnett Blvd, Lillington, NC. This is a change in meeting location from 420 McKinney Parkway, Lillington, NC. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that the location of its regular meetings on Monday, December 7, 2020 at 9:00 am is hereby changed to Commons Area Meeting Room, 309 W. Cornelius Harnett Blvd, Lillington, NC; that this Resolution shall be filed with the Clerk to the Board, posted at the regular meeting place and forwarded to all parties on the County's Sunshine List. Adopted by the Harnett County Board of Commissioners in regular session, this 16th day of November 2020. Attest: �� v 171.3i, i, HARNETT COUNTY BOARD OF COMMISSIONERS By: /160,,, Mark B. 1 , ,hnson, Chairman arga et Regin r" eeler, Clerk strong roots • new growth ATTACHMENT 6 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE ISSUANCE OF AN OPERATIONAL LOAN TO THE HARNETT COUNTY PROPERTIES CORPORATION THAT WHEREAS, Harnett County, North Carolina (the "County) is a valid existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS, pursuant to G.S. § 158-7.1 the County has the authority to acquire and develop land for business/industrial parks as a public purpose; as a result of this authority the County has procured and developed certain real property known as the Brightwater Science and Technology Campus located in Neills Creek Township, ("Brightwater") and the Edgerton Industrial Park II located in Averasboro Township ("Edgerton II") in Harnett County, NC; and WHEREAS, Harnett County Properties Corporation ("HCPC") is a North Carolina non- profit corporation which was formed to provide assistance to the County in furthering the public purpose of economic development in Harnett County; that pursuant to G.S. §153A-449 the County may contract with and appropriate funds to any corporation in order to carry out any public purpose that the County is authorized by law to engage in; furthermore, pursuant to G.S. § 160A-279, whenever a county may appropriate funds to any private entity which carries out a public purpose, the county may, in lieu of or in addition to the appropriation of funds, convey by private sale to such entity any real or personal property which it owns; and WHEREAS, the County and HCPC have negotiated and entered into three Property Transfer and Appropriation Agreements whereby the County agreed to convey to HCPC by private sale certain real property tracts located in Brightwater and Edgerton II in order that HCPC can develop, market, and sell said real property tracts in order to assist the County in carrying out the public purpose of economic development; that said efforts by HCPC have already been successful in the development, marketing, and sale of a 4.12 acre tract in Brightwater to the Harnett Health System, Inc. pursuant to the first Property Transfer and Appropriation Agreement dated November 5, 2018; and WHEREAS, in order to carry out its chartered public purpose of assisting the County in promoting economic development in Harnett County, HCPC is in need of operational monetary funds; that the County and HCPC have negotiated a Loan Agreement whereby the County shall issue an unsecured loan to HCPC in the principal amount of $350,000.00 with said loan proceeds to be used and repaid by HCPC pursuant to said Loan Agreement terms. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: 1. Pursuant to G.S. §153A-449, the Board of Commissioners does hereby authorize the issuance of a loan to the Harnett County Properties Corporation in the principal amount of $350,000.00 in exchange for a Loan Agreement and Promissory Note ("Note") properly authorized and executed by HCPC which mandates repayment of the loan principal amount together with 2% per annum accrued interest from the Note inception date with the Note to be payable On Demand by the County allowing HCPC 90 days to pay once demand is made in writing by the County to HCPC; further requirements concerning the use of said loan funds by HCPC are pursuant to the Loan Agreement between the County and HCPC, the terms of which are incorporated herein and approved as part of this Resolution. 2. The Chairman of the Board of Commissioners is authorized to execute the necessary documents to effectuate this loan arrangement. Duly adopted this the 16th day of November, 2020. STATE OF NORTH CAROLINA COUNTY OF HARNETT I )CM •...7 Mark B. Johns 'hairman Harnett County Board of Commissioners I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled, "RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE ISSUANCE OF AN OPERATIONAL LOAN TO THE HARNETT COUNTY PROPERTIES CORPORATION" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a regular meeting held on the 16th day of November, 2020. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 16th day of November, 2020. zoitadu, Marg. et Regina°'eler Cler t the Board County of Harnett, North Carolina ATTACHMENT 7 Harnett COUNTY www.harnett.org A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE 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 shall be amended, per the new requirements of Chapter 160D of the North Carolina General Statutes which consolidates current city - and county -enabling statutes for development regulations, to read as indicated in the following "Attachments". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 16th day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS id( i/14P Mark B. ohnso , Chairman A EST: ‘,4..ey Margarlrt Regina eeler, Clerk to the Board strong roots new growth Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Building Any structure used or intended for supporting or sheltering any use or occupancy. Dwelling A building that contains one or two family dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. (See "Multifamily Residential Development" and "Single Family Dwelling") Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administrator shall notify the owner(s) of property and/or permittee(s) found to be in violation of this Ordinance in writing by personal delivery, electronic delivery, or first class mail. Notifications may be provided by similar means to the occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of violation shall give a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary depending on the nature of the violation 5.3 Posted Notice of Violations The Administrator may give notice by way of posting notice of the violation conspicuously on the property. The official providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The posting of the notice of violation is are considered County property and removal of the posting shall be considered a criminal offense. Once the posting has been made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 6.0 Remedies In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize the following remedies to prevent, correct, or abate a violation. In a situation where a development approval is called to be revoked, the Administrator shall follow that same process as utilized for approval. Article Section Sub -Section Article I General Provisions Section 4.0 Authority Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.0 Permit Requirements 2.3 Certificate of Occupancy (C0) & Building Permits Article III Development & Subdivision Review, Permitting & Approval Requirements Section 8.0 Subdivision Review Procedures Article III Development & Subdivision Review, Permitting & Approval Requirements Section 10.0 Vested Rights 8.1 Purpose 10.2 Purpose 10.3 Approval Procedures & Authority 10.4 Duration Article IV Zoning & Overlay Districts Article V Use Regulations Section 13.0 Military Corridor Overlay District - MCO 13.4 Required Review Section 11.0 Other Uses Article VI General Development Standards 11.2.5 Permit (Level II) Section 8.0 Development Agreements Article X Natural Resources Article XI Administration & Boards 8.1 Public Hearing 8.2 Contents of Development Agreement 8.4 Periodic Review Section 3.0 Flood Damage Prevention 3.1.1 Statutory Authorization Section 3.0 Planning Board 3.1 Establishment & Procedure of Planning Board Article XI Administration & Boards Article XII Amendments, Hearing Procedures, Appeals & Variances Article XIII Enforcement & Penalties Section 5.0 Board of Adjustment Section 2.0 Amendments Section 2.0 Authority 5.1 Establishment & Procedure of the Board of Adjustment 2.1.4 Action by the Board of County Commissioners Article XIV Definitions & Certifications Article XIV Definitions & Certifications Article XIV Definitions & Certifications Section 1.0 General Guidelines 1.2 Meaning of Common Words Section 2.0 General Definitions & Acronyms Section 5.0 Natural Resources Definitions & Acronyms 2.2 General Definitions Site Plan (Site Specific Development Plan) 5.2 Natural Resources Definitions Development, Existing Water Supply Watershed Article Article 111 Development & Subdivision Review, Permitting & Approval Requirements Section Section 2.7 Communications Tower Permit Article III Development & Subdivision Review, Permitting & Approval Requirements Article 111 Development & Subdivision Review, Permitting & Approval Requirements Article 111 Development & Subdivision Review, Permitting & Approval Requirements Sub -Section 2.7.3 Permit (Level 111) 2.7.4 Permit (Level IV) Section 2.8 Conditional Use Permit 2.8.1 Initiation of Conditional Use Permit 2.8.2 Application for Conditional Use Permit 2.8.3 Compliance with Other Codes 2.8.4 Revocation 2.8.5 Expiration (strike 1 year add 2 years) Section 5.4 New Manufactured Home Park Site Plan Article 111 Development & Subdivision Review, Permitting & Approval Requirements Article IV Zoning & Overlay Districts Article IV Zoning & Overlay Districts Article IV Zoning & Overlay Districts Article V Use Regulations Article V Use Regulations Article V Use Regulations 5.4.1 Board of Adjustment Submittal Requirements Section 7.2 Planned Unit Development 7.2.1 Submittal Procedure Section 7.3 Office & Institutional Development Plan 7.3.5 Actions after Decision of Planning Board Section 2.0 Zoning Map 2.1 Interpretation of District Boundaries Section 12.0 Highway Corridor Overlay District - HCO 12.2 Permitted & Conditional Uses Section 13.0 Military Corridor Overlay District - MCO Section 1.0 Use Types & Regulations Section 1.0 Use Types & Regulations 13.3 Permitted & Conditional Uses 1.1 General Applicability 1.2 Table of Use Types & Regulations Article V Use Regulations Article V Use Regulations Section 3.2 Multifamily Residential 3.2.1 Multifamily Residential Development: General Regulations 3.2.2 Multifamily Residential Development: Specific Regulations Section 7.0 Commercial Uses Section 7.5 Recreational Facilities & Uses Article V Use Regulations 7.1.2 Zoo & Petting Zoo 7.5.2 Athletic Fields, Private 7.5.6 Firing Range (Indoor & Outdoor) Section 9.0 Utility Uses Article V Use Regulations Article V Use Regulations 9.1 Privately Owned Public Utility Structures Section 11.0 Other Uses 11.1 Airports & Related Uses 11.2.5 Permit (Level 11) 11.3 Firearm Certification Facilities Section 11.0 Other Uses Article VI General Development Standards 11.4 Gunsmithing 11.7 Mining Activities 11.8.2 Development Criteria 11.8.5 Review & Approval Procedures Section 2.0 Principle Building Per Lot Article VII Development Design Guidelines 2.1 Principle Buildings Per Lot Section 7.0 Lighting Standards Article XI Administration & Boards Section 2.0 County Board of Commissioners 7.1.1 Applicability Article XI Administration & Boards Section 5.0 Board of Adjustment 5.1 Establishment & Procedure of the Board of Adjustment Article XII Amendments, Hearing Procedures, Appeals & Variances 5.3 Powers & Duties Section 3.0 Hearing & Meeting Procedures Article XIII Enforcement & Penalties 3.1 Evidentiary Hearing (Quasi-judicial) Procedures (Conditional Use Permit) 3.1.3 Action by the Board of Adjustment 3.1.4 Conditions of Approval 3.1.5 Abandonment of a Conditional Use Permit 3.1.6 Revocation of a Conditional Use Permit Section 3.0 Violations Article XIII Enforcement & Penalties Section 6.0 Remedies 3.1 General Article XIV Definitions & Certifications Section 2.0 General Definitions & Acronyms 2.2 General Definitions (Site Plan (Site Specific Development Plan) ATTACHMENT 8 Harnett COUNTY 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 shall be amended, per the new requirements of Chapter 160D of the North Carolina General Statutes which consolidates current city - and county -enabling statutes for development regulations, to read as indicated in the following "Attachments". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 16th day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS AT EST: Marg. - t Regina W eler, Clerk to the Board strong roots • new growth Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Building Any structure used or intended for supporting or sheltering any use or occupancy. Dwelling A building that contains one or two family dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. (See "Multifamily Residential Development" and "Single Family Dwelling") Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administrator shall notify the owner(s) of property and/or permittee(s) found to be in violation of this Ordinance in writing by personal delivery, electronic delivery, or first class mail. Notifications may be provided by similar means to the occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of violation shall give a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary depending on the nature of the violation 5.3 Posted Notice of Violations The Administrator may give notice by way of posting notice of the violation conspicuously on the property. The official providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The posting of the notice of violation is are considered County property and removal of the posting shall be considered a criminal offense. Once the posting has been made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 6.0 Remedies In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize the following remedies to prevent, correct, or abate a violation. In a situation where a development approval is called to be revoked, the Administrator shall follow that same process as utilized for approval. Article Article I General Provisions Section Sub -Section Section 4.0 Authority Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.0 Permit Requirements 2.3 Certificate of Occupancy (CO) & Building Permits Article III Development & Subdivision Review, Permitting & Approval Requirements Section 8.0 Subdivision Review Procedures Article III Development & Subdivision Review, Permitting & Approval Requirements Section 10.0 Vested Rights 8.1 Purpose 10.2 Purpose 10.3 Approval Procedures & Authority 10.4 Duration Article IV Zoning & Overlay Districts Section 13.0 Military Corridor Overlay District - MCO 13.4 Required Review Article V Use Regulations Article VI General Development Standards Article X Natural Resources Section 11.0 Other Uses 11.2.5 Permit (Level II) Section 8.0 Development Agreements 8.1 Public Hearing 8.2 Contents of Development Agreement 8.4 Periodic Review Section 3.0 Flood Damage Prevention 3.1.1 Statutory Authorization Article XI Administration & Boards Section 3.0 Planning Board Article XI Administration & Boards 3.1 Establishment & Procedure of Planning Board Section 5.0 Board of Adjustment Article XII Amendments, Hearing Procedures, Appeals & Variances Article XIII Enforcement & Penalties Section 2.0 Amendments 5.1 Establishment & Procedure of the Board of Adjustment 2.1.4 Action by the Board of County Commissioners Section 2.0 Authority Article XIV Definitions & Certifications Section 1.0 General Guidelines 1.2 Meaning of Common Words Article XIV Definitions & Certifications Section 2.0 General Definitions & Acronyms 2.2 General Definitions Site Plan (Site Specific Development Plan) Article XIV Definitions & Certifications Section 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Development, Existing Water Supply Watershed Article Section Sub-Section Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.7 Communications Tower Permit 2.7.3 Permit (Level III) Permit 2.7.4 (LevelIV) Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.8 Conditional Use Permit 2.8.1 Initiation of Conditional Use Permit 2.8.2 Application for Conditional Use Permit 2.8.3 Compliance with Other Codes 2.8.4 Revocation 2.8.5 Expiration (strike 1 year add 2 years) Article III Development & Subdivision Review, Permitting & Approval Requirements Section 5.4 New Manufactured Home Park Site Plan 5.4.1 Board of Adjustment Submittal Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Section 7.2 Planned Unit Development 7.2.1 Submittal Procedure Article III Development & Subdivision Review, Permitting & Approval Requirements Section 7.3 Office & Institutional Development Plan 7.3.5 Actions after Decision of Planning Board Article IV Zoning & Overlay Districts Section 2.0 Zoning Map 2.1 Interpretation of District Boundaries Article IV Zoning & Overlay Districts Section 12.0 Highway Corridor Overlay District - HCO 12.2 Permitted & Conditional Uses Article IV ?oning & Overlay Districts Section 13.0 Military Corridor Overlay District - MCO 13.3 Permitted & Conditional Uses Article V Use Regulations Section 1.0 Use Types & Regulations 1.1 General Applicability Article V Use Regulations Section 1.0 Use Types & Regulations 1.2 Table of Use Types & Regulations Article V Use Regulations Section 3.2 Multifamily Residential 3.2.1 Multifamily Residential Development: General Regulations 3.2.2 Multifamily Residential Development: Specific Regulations Article V Use Regulations Section 7.0 Commercial Uses 7.1.2 Zoo & Petting Zoo Article V Use Regulations Section 7.5 Recreational Facilities & Uses 7.5.2 Athletic Fields, Private 7.5.6 Firing Range (Indoor & Outdoor) Article V Use Regulations Section 9.0 Utility Uses 9.1 Privately Owned Public Utility Structures Article V Use Regulations Section 11.0 Other Uses 11.1 Airports & Related Uses 11.2.5 Permit (Level II) 11.3 Firearm Certification Facilities Article V Use Regulations Section 11.0 Other Uses 11.4 Gunsmithing 11.7 Mining Activities 11.8.2 Development Criteria 11.8.5 Review & Approval Procedures Article VI General Development Standards Section 2.0 Principle Building Per Lot 2.1 Principle Buildings Per Lot Article VII Development Design Guidelines Section 7.0 Lighting Standards 7.1.1 Applicability Article XI Administration & Boards Section 2.0 County Board of Commissioners Article XI Administration & Boards Section 5.0 Board of Adjustment 5.1 Establishment & Procedure of the Board of Adjustment 5.3 Powers & Duties Article XII Amendments, Hearing Procedures, Appeals & Variances Section 3.0 Hearing & Meeting Procedures Article XIII Enforcement & Penalties Article XIII Enforcement & Penalties Article XIV Definitions & Certifications 3.1 Evidentiary Hearing (Quasi-judicial) Procedures (Conditional Use Permit) 3.1.3 Action by the Board of Adjustment 3.1.4 Conditions of Approval 3.1.5 Abandonment of a Conditional Use Permit 3.1.6 Revocation of a Conditional Use Permit Section 3.0 Violations 3.1 General Section 6.0 Remedies Section 2.0 General Definitions 2.2 General Definitions (Site Plan (Site & Acronyms Specific Development Plan) ATTACHMENT 9 Harnett COUNTY NORTE ',"2J;01_.E:.. 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 shall be amended, per the new requirements of Chapter 160D of the North Carolina General Statutes which consolidates current city - and county -enabling statutes for development regulations, to read as indicated in the following "Attachments". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 16t day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS 0 AT EST: Margaret egina Wh er, Clerk to the Board strong roots • new growth Article XIV. Definitions & Certifications 2.0 General Defmitions & Acronyms 2.2 General Defmitions Building Any structure used or intended for supporting or sheltering any use or occupancy. Dwelling A building that contains one or two family dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. (See "Multifamily Residential Development" and "Single Family Dwelling") Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Defmitions Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administrator shall notify the owner(s) of property and/or permittee(s) found to be in violation of this Ordinance in writing by personal delivery, electronic delivery, or first class mail. Notifications may be provided by similar means to the occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of violation shall give a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary depending on the nature of the violation 5.3 Posted Notice of Violations The Administrator may give notice by way of posting notice of the violation conspicuously on the property. The official providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The posting of the notice of violation is are considered County property and removal of the posting shall be considered a criminal offense. Once the posting has been made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 6.0 Remedies In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize the following remedies to prevent, correct, or abate a violation. In a situation where a development approval is called to be revoked, the Administrator shall follow that same process as utili7ed for approval. Article Article I General Provisions Section Sub -Section Section 4.0 Authority Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.0 Permit Requirements 2.3 Certificate of Occupancy (C0) & Building Permits Section 8.0 Subdivision Review Procedures Article IV Zoning & Overlay Districts Article V Use Regulations 8.1 Purpose Section 10.0 Vested Rights 10.2 Purpose 10.3 Approval Procedures & Authority 10.4 Duration Section 13.0 Military Corridor Overlay District - MCO Section 11.0 Other Uses Article VI General Development Standards Article X Natural Resources 13.4 Required Review Section 8.0 Development Agreements Section 3.0 Flood Damage Prevention 11.2.5 Permit (Level II) 8.1 Public Hearing 8.2 Contents of Development Agreement 8.4 Periodic Review 3.1.1 Statutory Authorization Article XI Administration & Boards Section 3.0 Planning Board 3.1 Establishment & Procedure of Planning Board Article XI Administration & Boards Section 5.0 Board of Adjustment Article XII Amendments, Hearing Procedures, Appeals & Variances Article XIII Enforcement & Penalties Article XIV Definitions & Certifications Article XIV Definitions & Certifications 5.1 Establishment & Procedure of the Board of Adjustment Section 2.0 Amendments Section 2.0 Authority 2.1.4 Action by the Board of County Commissioners Section 1.0 General Guidelines 1.2 Meaning of Common Words Section 2.0 General Definitions & Acronyms 2.2 General Definitions Site Plan (Site Specific Development Plan) Article XIV Definitions & Certifications Section 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Development, Existing Water Supply Watershed Article V Use Regulations Section 7.3 Office & Institutional Development Plan Section 2.0 Zoning Map Section 12.0 Highway Corridor Overlay District - HCO 7.2.1 Submittal Procedure 7.3.5 Actions after Decision of Planning Board 2.1 Interpretation of District Boundaries 12.2 Permitted & Conditional Uses Section 13.0 Military Corridor Overlay District - MCO Section 1.0 Use Types & Regulations 13.3 Permitted & Conditional Uses 1.1 General Applicability Article Article III Development & Subdivision Review, Permitting & Approval Requirements Section Section 2.7 Communications Tower Permit Sub -Section 2.7.3 Permit (Level III) Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.8 Conditional Use Permit Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Article IV Zoning & Overlay Districts 2.7.4 Permit (Level IV) 2.8.1 Initiation of Conditional Use Permit 2.8.2 Application for Conditional Use Permit 2.8.3 Compliance with Other Codes 2.8.4 Revocation 2.8.5 Expiration (strike 1 year add 2 years) Section 5.4 New Manufactured Home Park Site Plan 5.4.1 Board of Adjustment Submittal Requirements Section 7.2 Planned Unit Development Article IV Zoning & Overlay Districts Article IV ?oning & Overlay Districts Article V Use Regulations Section 1.0 Use Types & Regulations Article V Use Regulations Article V Use Regulations Article V Use Regulations Article V Use Regulations Article V Use Regulations Article V Use Regulations Section 3.2 Multifamily Residential Section 7.0 Commercial Uses Section 7.5 Recreational Facilities & Uses Section 9.0 Utility Uses Section 11.0 Other Uses 1.2 Table of Use Types & Regulations 3.2.1 Multifamily Residential Development: General Regulations 3.2.2 Multifamily Residential Development: Specific Regulations 7.1.2 Zoo & Petting Zoo 7.5.2 Athletic Fields, Private 7.5.6 Firing Range (Indoor & Outdoor) 9.1 Privately Owned Public Utility Structures 11.1 Airports & Related Uses 11.2.5 Permit (Level II) 11.3 Firearm Certification Facilities Section 11.0 Other Uses Article VI General Development Standards Article VII Development Design Guidelines Article XI Administration & Boards Article XI Administration & Boards 11.4 Gunsmithing 11.7 Mining Activities 11.8.2 Development Criteria 11.8.5 Review & Approval Procedures Section 2.0 Principle Building Per Lot Section 7.0 Lighting Standards 2.1 Principle Buildings Per Lot 7.1.1 Applicability Section 2.0 County Board of Commissioners Section 5.0 Board of Adjustment 5.1 Establishment & Procedure of the Board of Adjustment 5.3 Powers & Duties Article XII Amendments, Hearing Procedures, Appeals & Variances Section 3.0 Hearing & Meeting Procedures Article XIII Enforcement & Penalties Article XIII Enforcement & Penalties Section 3.0 Violations 3.1 Evidentiary Hearing (Quasi-judicial) Procedures (Conditional Use Permit) 3.1.3 Action by the Board of Adjustment 3.1.4 Conditions of Approval 3.1.5 Abandonment of a Conditional Use Permit 3.1.6 Revocation of a Conditional Use Permit Section 6.0 Remedies Article XIV Definitions & Certifications Section 2.0 General Definitions & Acronyms 3.1 General 2.2 General Definitions (Site Plan (Site Specific Development Plan) ATTACHMENT 10 Harnett COUNTY 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 shall be amended, per the new requirements of Chapter 160D of the North Carolina General Statutes which consolidates current city - and county -enabling statutes for development regulations, to read as indicated in the following "Attachments". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 16th day of November 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS 401 -4 - Mark B ohnso , Chairman ATT, ST: Margar - t ' egina W - e er, Clerk to the Board strong roots new growth Article XIV. Definitions & Certifications 2.0 General Definitions & Acronyms 2.2 General Definitions Building Any structure used or intended for supporting or sheltering any use or occupancy. Dwelling A building that contains one or two family dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. (See "Multifamily Residential Development" and "Single Family Dwelling") Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Dwelling Unit A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Article XIII. Enforcement & Penalties 5.0 Notifications 5.1 General The Administrator shall notify the owner(s) of property and/or permittee(s) found to be in violation of this Ordinance in writing by personal delivery, electronic delivery, or first class mail. Notifications may be provided by similar means to the occupant(s) of the property or person(s) undertaking an activity found to be in violation. The notice of violation shall give a description of the violation and its location, the measures necessary to correct it, the possibility of civil penalties and judicial enforcement action, and notice of the right to appeal. The notice shall also state the time period allowed, if any, to correct the violation. Time period for compliance may vary depending on the nature of the violation 5.3 Posted Notice of Violations The Administrator may give notice by way of posting notice of the violation conspicuously on the property. The official providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall be deemed conclusive in the absence of fraud. The posting of the notice of violation is aye considered County property and removal of the posting shall be considered a criminal offense. Once the posting has been made, whether or not the posting has been removed, it shall be treated as official notice of the violation. 6.0 Remedies In order to ensure compliance with the provisions stated in this Ordinance, the Administrator may utilize the following remedies to prevent, correct, or abate a violation. In a situation where a development approval is called to be revoked, the Administrator shall follow that same process as utilized for approval. Article Article I General Provisions Section Sub -Section Section 4.0 Authority Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.0 Permit Requirements 2.3 Certificate of Occupancy (CO) & Building Permits Section 8.0 Subdivision Review Procedures Article IV Zoning & Overlay Districts Section 10.0 Vested Rights 8.1 Purpose 10.2 Purpose 10.3 Approval Procedures & Authority 10.4 Duration Section 13.0 Military Corridor Overlay District - MCO Article V Use Regulations Section 11.0 Other Uses 13.4 Required Review 11.2.5 Permit (Level II) Article VI General Development Standards Section 8.0 Development Agreements 8.1 Public Hearing 8.2 Contents of Development Agreement 8.4 Periodic Review Article X Natural Resources Section 3.0 Flood Damage Prevention Article XI Administration & Boards Section 3.0 Planning Board 3.1.1 Statutory Authorization 3.1 Establishment & Procedure of Planning Board Article XI Administration & Boards Article XII Amendments, Hearing Procedures, Appeals & Variances Article XIII Enforcement & Penalties Section 5.0 Board of Adjustment Section 2.0 Amendments 5.1 Establishment & Procedure of the Board of Adjustment 2.1.4 Action by the Board of County Commissioners Section 2.0 Authority Article XIV Definitions & Certifications Article XIV Definitions & Certifications Article XIV Definitions & Certifications Section 1.0 General Guidelines 1.2 Meaning of Common Words Section 2.0 General Definitions & Acronyms 2.2 General Definitions Site Plan (Site Specific Development Plan) Section 5.0 Natural Resources Definitions & Acronyms 5.2 Natural Resources Definitions Development, Existing Water Supply Watershed Article Article III Development & Subdivision Review, Communications Tower Permit Permitting & Approval Requirements Section Sub -Section Section 2.7 Article III Development & Subdivision Review, Permitting & Approval Requirements Section 2.8 Conditional Use Permit Article III Development & Subdivision Review, Permitting & Approval Requirements Article III Development & Subdivision Review, Permitting & Approval Requirements 2.7.3 Permit (Level III) 2.7.4 Permit (Level IV) 2.8.1 Initiation of Conditional Use Permit 2.8.2 Application for Conditional Use Permit 2.8.3 Compliance with Other Codes 2.8.4 Revocation 2.8.5 Expiration (strike 1 year add 2 years) Section 5.4 New Manufactured Home Park Site Plan Article III Development & Subdivision Review, Permitting & Approval Requirements Article IV Zoning & Overlay Districts Article IV Zoning & Overlay Districts 5.4.1 Board of Adjustment Submittal Requirements Section 7.2 Planned Unit Development 7.2.1 Submittal Procedure Section 7.3 Office & Institutional Development Plan Section 2.0 Zoning Map 7.3.5 Actions after Decision of Planning Board 2.1 Interpretation of District Boundaries Section 12.0 Highway Corridor Overlay District - HCO Article IV Zoning & Overlay Districts Article V Use Regulations Article V Use Regulations Article V Use Regulations 12.2 Permitted & Conditional Uses Section 13.0 Military Corridor Overlay District - MCO Section 1.0 Use Types & Regulations 13.3 Permitted & Conditional Uses 1.1 General Applicability Section 1.0 Use Types & Regulations 1.2 Table of Use Types & Regulations Article V Use Regulations Article V Use Regulations Article V Use Regulations Section 3.2 Multifamily Residential Section 7.0 Commercial Uses 3.2.1 Multifamily Residential Development: General Regulations 3.2.2 Multifamily Residential Development: Specific Regulations 7.1.2 Zoo & Petting Zoo Section 7.5 Recreational Facilities & Uses 7.5.2 Athletic Fields, Private 7.5.6 Firing Range (Indoor & Outdoor) Section 9.0 Utility Uses Article V Use Regulations Article V Use Regulations Article VI General Development Standards Article VII Development Design Guidelines Article XI Administration & Boards Article XI Administration & Boards 9.1 Privately Owned Public Utility Structures Section 11.0 Other Uses 11.1 Airports & Related Uses 11.2.5 Permit (Level II) 11.3 Firearm Certification Facilities Section 11.0 Other Uses Section 2.0 Principle Building Per Lot 11.4 Gunsmithing 11.7 Mining Activities 11.8.2 Development Criteria 11.8.5 Review & Approval Procedures 2.1 Principle Buildings Per Lot Section 7.0 Lighting Standards Section 2.0 County Board of Commissioners 7.1.1 Applicability Section 5.0 Board of Adjustment 5.1 Establishment & Procedure of the Board of Adjustment Article XII Amendments, Hearing Procedures, Appeals & Variances 5.3 Powers & Duties Section 3.0 Hearing & Meeting Procedures 3.1 Evidentiary Hearing (Quasi-judicial) Procedures (Conditional Use Permit) 3.1.3 Action by the Board of Adjustment 3.1.4 Conditions of Approval 3.1.5 Abandonment of a Conditional Use Permit 3.1.6 Revocation of a Conditional Use Permit Article XIII Enforcement & Penalties Article XIII Enforcement & Penalties Section 3.0 Violations Section 6.0 Remedies Article XIV Definitions & Certifications 3.1 General Section 2.0 General Definitions & Acronyms 2.2 General Definitions (Site Plan (Site Specific Development Plan)