HomeMy WebLinkAbout2024-24 AN ORDINANCE AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE - ARTICLE III, SECTION 8.2.1D & 8.2.1.D.1Harnett County Board of Commissioners
ORDINANCE NO.2024-24
AN ORDINANCE 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 ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article III., Section
8.2.1 D. & 8.2.1.D.1. "3 Year Rule", 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 3rd day of September 2024 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
William Morris, Chairman
ATTEST:
Meliss D. Capps, Clerk
Harnett Countv Board of Commissioners
Article III. Section 8.2.1 D. & D.1.
D. If the applicant owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or
located directly across a street, easement, or right-of-way from the property to be subdivided, the subdivision shall not qualify
under the minor subdivision procedure. The minor subdivision procedure may not be used a second time within three (3)
years on any property less than 1,500 feet from the original property boundaries by anyone who owned any individual,
corporation, partnership, or other entity who owned, leased, had an option on, or held any legal interest in the original
subdivision at the time the subdivision received preliminary or final plat approval or by. Additionally, any subsequent owner,
individual having, corporation, partnership, or other entity that owns, leases, has an option on, or individual having has any
legal interest in the original subdivision tract of land that was subdivided at the time the subdivision received preliminary or
final plat approval shall not be permitted to use the minor subdivision a second time on the original tract of land within three
(3) years from the last subdivision. For the purposes of this section, any corporation, partnership or other entity in which an
owner, partner, officer, director, or majority shareholder of such entity is/was an owner, partner, officer, director, or majority
shareholder in the corporation, partnership, or other entity that owned, leased, held an option on, or held any legal or
equitable interest in the original tract of land that was subdivided shall not be permitted to use the minor subdivision
procedure a second time within three (3) years on any property within 1,500 feet from the original property boundaries.
The three (3)-year waiting period shall not apply to an individual subdividing a parcel of land for an immediate family member
within 3 years of the initial minor subdivision of the original tract of land. For the purposes of this section, "immediate family
member" means a spouse, parent, child, brother, sister, grandparent, or grandchild. In no case shall the number of new lots
created, combined with the number of lots created by the initial minor subdivision, exceed the maximum number of lots
permitted by the minor subdivision process. All other requirements set forth by the minor subdivision process shall apply. To
qualify for this exemption, the parcel to be subdivided must be owned in the individual's name and the individual shall submit
a plat including the name and relation of the immediate family member on the lot and state the lot is being conveyed to that
family member. The individual subdividing the land shall certify the following on the plat:
I hereby certify the lot shown is created for the purpose of family ownership and is in no way intended to circumvent the
minor subdivision provisions of the Harnett County Unified Development Ordinance.
Property Owner Signature
Date
1. For all other requests for exemptions to this three (3) year waiting period, the Planning Director or Designee
may at any time refer the application to the Harnett County Planning Board for consideration to allow a second
minor subdivision to occur within the allotted three (3) years if deemed necessary and appropriate. Subsequent to
Planning Board approval, the application shall then be reviewed in accordance with the major subdivision review
and approval process by the Development Review Board.
Approved by the Harnett
County 8 of Commissioners
Date C1.
h ; �� � �0
Board Meeting
Agenda Item
MEETING DATE: September 3, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Text Amendment: Case #PLAN2407-0001
REQUESTED BY: Mark Locklear, Development Services
REQUEST:
Applicant: Harnett County Development Services; Harnett County Unified
Development Ordinance; Article III, Section 8.2.1 D & 8.2.1.D. 1, Harnett County
Three -Year Rule for Minor Subdivisions.
Additional Information:
At the August 5, 2024 Planning Board meeting, the Planning Board voted unanimously
(5-0) to recommend approval of the text amendment as written. No one spoke in
opposition.
Since receiving the comments at the August 19, 2024 Board of Commissioners meeting,
Development Services staff has worked with the Legal Department to compose
additional text to allow for an individual subdividing land for an immediate family
member to be exempt from the minor subdivision 3-year waiting period.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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