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TEXT AMENDMENT REQUEST FORM
(Internal)
Development Services
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Planning Board: February 7, 2022 County Commissioners: February 21, 2022
Applicant Information: Case Number PLAN 2201-0004
Applicant:
Name: Harnett County Development Services
Address: 108 E Front St
City/State/Zip: Lillington NC, 27546
E-mail:
Phone: 910-893-7525
Type of Change
New Addition Revision
Ordinance:
Unified Development
Ordinance Article: VII; XIV Section: 6.2, 6.3; 2.2
Current Text:
See attached
Proposed Text: (Attach additional sheets if necessary)
See attached
Reason for Requested Change:
To amend Harnett County’s U.D.O. to change the term “capacity fees” to system development
fees”. System development fees are the statutory replacement for impact or capacity fees.
The NC General Assembly adopted this legislation in response to several impact fee lawsuits
that were filed.
Suggested Statement-of-Consistency: (Staff concludes that…)
The requested Text Amendment is compatible with Harnett County regulatory documents as well
as the North Carolina General Statues.
Therefore, it is recommended that this Text Amendment request be APPROVED.
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ATTACHMENT
ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES
SECTION 6.0 CONNECTION TO UTILITY SERVICES
6.2 Water Supply System
To further the intent of this Section, as well as orderly development of utilities, the Harnett County Department
of Public Utilities may require a larger water supply line than is typically required to ensure capacity for future
development.
6.2.1 Connection
A. Connection Requirement
1. Any development which is created after the adoption of this Section, and is located within that number of
feet of an existing County owned or operated water supply and distribution system as is specified in
Subsection “Distance Specification” below, whether the development is located within or without the
service area of an existing County owned or operated public water supply and distribution system, the
developer shall cause a water distribution system, meeting the standards herein specified, to be constructed
and installed in such development and shall further cause said water distribution system to be connected to
the existing County owned or operated public water supply and distribution system which is located as
specified in said Subsection “Distance Specification.” This requirement also applies to new phases of
existing development where these phases have not been previously approved by the appropriate Harnett
County Development Review Board.
2. The developer may establish and create a public water supply system or connect the development to an
existing public water supply system. However, such created public water supply system or such water
distribution system to be connected to an existing system shall be approved by and meet the requirements
of all Federal, State, and local governments, including but not limited to the DENR.
B. Distance Specification
A development shall be required to meet the conditions of this Section when the development is located within
that number of feet of an existing County owned or operated water supply and distribution system which equals
the product of the number of lots within the development (including lots to be developed in the future)
multiplied by 100; provided however, that the maximum distance required for connection shall not exceed
5,000 feet.
C. Subject to Capacity Sufficiency
In the event that a development should meet the distance specification requirements of Subsection
“Connection” of this Section, and the County owned or operated water supply and distribution system to which
the development would connect shall be of insufficient capacity to permit the the delivery of water to said
development, the subject development shall be relieved of the requirement to connect to such County system.
In no case shall capacity be guaranteed until such time that plans have been approved and permitted by DENR
and capacity system development fees are paid in full.
6.3 Sewage Disposal System
6.3.1 Connection
C. Subject to Capacity Sufficiency
In the event that a development should meet the distance specification requirements of Subsection
“Connection” of this Section, and the County owned or operated sewage disposal system to which the
development would connect shall be of insufficient capacity to permit the collection and treatment of
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sewage from said development, the subject development shall be relieved of the requirement to connect to
such County system. In no case shall capacity be guaranteed until such time that plans have been
approved and permitted by DENR and capacity system development fees are paid in full.
ARTICLE XIV. DEFINITIONS & CERTIFICATIONS
2.2 General Definitions
Capacity System Development Fee
Requirement of the developer to dedicate or pay for all or a portion of land or costs of public facilities as a
condition of development approval.