Manufactured Home Park Ordinance Adopt 1986FILED
BOOK2137 PACE-,6"-
'99 M 23 81111 33
KIMBERLY S. HARGROVE
REGISTER OF DEEDS
HARNETT COUNTY, NO
MANUFACTURED HOME PARR ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
ADOPTED JANUARY 20, 1986
REVISED SEPTEMBER 17, 1990
AMENDED AUGUST 17, 1998
HARNETT COUNTY BOARD OF COMMISSIONERS
Lloyd G. Stewart, Chairman
Bill Shaw, Vice Chairman
Rudy Collins
Mack Reid Hudson
Mayo Smith
HARNETT COUNTY PLANNING BOARD
Ray Daniels, Chairman
Casey Fowler, Vice Chairman
Haywood Hall
Guy Cayton
Rachel Barnes
James Stancil
Terry Abney
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TABLE OF CONTENTS
ARTICLE I
TITLE, PURPOSE, AUTHORITY, JIIRISDICTION, EXISTING MANUFACTURED
HOME PARKS, BUFFER ZONES FOR NEW MANUFACTURED HOME PARKS,
AND EFFECTIVE DATE ............ ............................... 3
ARTICLE II
INTERPRETATIONS OF TERMS AND DEFINITIONS ..................... 4
ARTICLE III
HARNETT COUNTY PROPOSED MANUFACTURE HOME PARK MINIMUM STANDARDS 6
ARTICLE IV
RESPONSIBILITIES AND DUTIES OF PARK OPERATORS ................ 17
ARTICLE V
PROCEDURE FOR SECURING APPROVAL OF MANUFACTURED HOME PARKS ... 18
ARTICLE VI
ADMINISTRATION .................... .......................... 22
FEE SCHEDULE .................. ............................... 25
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MANUFACTURED HOME PARK ORDINANCE
OF
HARNETT COUNTY NORTH CAROLINA
ARTICLE I
TITLE, PURPOSE, AUTHORITY, JURISDICTION, EXISTING MANUFACTURED
HOME PARKS, BUFFER ZONES FOR NEW MANUFACTURED HOME PARKS, AND
EFFECTIVE DATE
Section 1.0 Title
This Ordinance shall be known and may be cited as the
Manufactured Home Park Ordinance of Harnett County, North
Carolina.
Section 1.1 Purpose
The regulations as herein set forth have been made for the
purpose of promoting the health, safety, and general welfare of
Harnett County Manufactured Home Park residents.
Section 1.2 Authority
The provisions of the Ordinance are adopted under authority
granted by the General Assembly of the State of North Carolina,
with particular reference to Article 6 of Chapter 153A of the
North Carolina General Statutes.
Section 1.3 Jurisdiction
These regulations shall govern the establishment and
maintenance of manufactured home parks. Provisions of the
Ordinance shall apply uniformly to all areas within the
jurisdiction of Harnett County.
Section 1.4 Existing Manufactured Home Parks
Manufactured home parks existing at the time of adoption of
this Ordinance shall be allowed to continue operation in their
present form as long as they meet the provisions of Article IV
and maintain a valid business license.
Existing parks shall not be allowed to expand or increase in
size unless such expansion meets fully the requirements set forth
in this Ordinance. Also, existing parks which wish to expand
must establish a barrier, divider or an appropriate fence for a
buffer zone when real estate is unavailable. The Buffer Zone
must surround the existing park as well as the proposed
expansion.
Within three (3) months after the adoption of this Ordinance
all existing manufactured home parks shall be required to provide
the Harnett County Planning Board with a statement of the number
of manufactured home lots within the park, if this was not done
within the allotted six (6) month period after the adoption of
the 1986 Ordinance. Parks which have not supplied the required
information will be prohibited from obtaining set -up permits for
mobile homes to be placed in the park.
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Section 1.5 Severability of Ordinance
Should any section of provision of this Ordinance be decided
by a court of competent jurisdiction to be unconstitutional or
invalid, such decision shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part so
declared to be unconstitutional or invalid.
Section 1.6 Effective Date
This Ordinance shall be effective from and after the date of
its adoption by the Harnett County Board of Commissioners.
ARTICLE II
INTERPRETATIONS OF TERMS AND DEFINITIONS
Section 2.1 interpretation of Certain Terms and Words
A. Words used in the present tense include the future
tense.
B.
Words used in the
singular number include the plural,
and words
used
in the plural number include the
singular.
C.
The word
"shall"
is always mandatory and not merely
directory.
D.
The word "may"
is
permissive.
E.
The words
"used"
or "occupied" include the words
intended,
designed,
or arranged to be used or
occupied.
Section 2.2 Definitions
Adjacent - Having a common border such as a lot line or
street right -of -way.
Automobile. Abandoned - A motor vehicle which is left on
private property without the consent of the owner, occupant,
or lessee of the property.
Automobile. Junked - A motor vehicle that is (1) partially
dismantled or wrecked; or (2) cannot be self - propelled or
moved in the manner in which it was originally intended to
move; or (3) does not display a current license plate.
Junk - Junk is any such motor vehicles that are partially
dismantled or wrecked and cannot be self - propelled or moved
in the manner in which it was originally intended to move,
or machinery and /or materials in which no specific or
expressly written purpose can be provided.
Manufactured Home - a manufactured home is a structure that:
(a) consists of a single unit completely assembled at a
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factory or of two (double -wide) or three (triple -wide)
principal components totally assembled at the factory and
joined together at the site; and (b) is designed so that the
total structure (or in the case of a double -wide or triple -
wide, each component thereof) can be transported on its own
chassis; and (c) is over thirty -two (32) feet long and over
eight (8) feet wide; and (d) is designed to be used for one
family, including permanent provisions for living, sleeping,
eating, cooking, and sanitation; and (e) is actually being
used, or is held ready for use, as a dwelling
Manufactured Home Lot - A manufactured home lot is a piece
of land within a manufactured home park; (a) whose
boundaries are delineated in accordance with the
requirements of the Ordinance, and (b) that is designed and
improved in accordance with the requirements of the
Ordinance to accommodate a single manufactured home.
Manufactured Home Park - A manufactured home park is (1) A
lot, adjacent lots or' a group of lots within 500 feet of
each other in single ownership designed to provide three or
more manufactured home spaces or three or more manufactured
homes (any combination of homes and spaces) (2) A piece of
land designed in accordance with the Manufactured Home Park
Ordinance and approved by the Harnett County Planning Board.
Manufactured Home Spaces - A plot of land within a
manufactured home park designed for the accommodation of a
single manufactured home in accordance with the requirements
set forth in the Ordinance.
Operator - Shall mean the person responsible for the
operation of a manufactured home park.
Recreation Area or Park - An area of land and /or water
resources that is developed for active and /or passive
recreation pursuits with various man -made features that
accommodate such activities.
Swimming Pool - Any structure, chamber, tank in ground or
above ground containing an artificial body of water which is
used for swimming, diving, wading, recreation or therapy
together with all buildings, appurtenances and equipment
used in connection with the body of water,
Street. Collector - A street that serves as the most
probable and convenient access route between any public
street connected to the manufactured home park and a minimum
of twenty manufactured home lots.
Street. Minor - All streets within the manufactured home
park that do not meet the definition of collector streets.
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Tie Downs - Galvanized steel cables or strapping which 11tie"
a manufactured home and its steel frame to anchors embedded
in the ground.
Tract - A tract is a piece of land whose boundaries have
been described or delimited by a legal instrument or map
recorded in the office of the register of deeds.
Variance - A modification of
where, owing to conditions
literal enforcement of this
unnecessary hardship.
the terms of this Ordinance
peculiar to the property, a
Ordinance would result in an
ARTICLE III
HARNETT COUNTY PROPOSED MANUFACTURE HOME PARK MINIMUM STANDARDS
Section 3.1 Minimum Park Size
Manufactured home parks created after the adoption of this
Ordinance by the Harnett County Board of Commissioners must be a
minimum of two (2) acres of contiguous land in total park size
and shall contain at least three (3) manufactured home
lots /spaces at first occupancy.
Manufactured home parks developed in phases shall be required
to develop a minimum of three (3) lots in the first phase and a
minimum of four (4) lots in all additional phases except where
the remaining lots to be developed are less than four (4).
Section 3.2 Minimum Lot Size
The minimum manufactured home lot area shall be 6,000 square
feet. Where public water and sewer are not supplied, the minimum
lot area shall be 20,000 square feet. Where either a public
water or a public sewer system is provided, the minimum lot size
shall be 10,000 square feet. Each manufactured home lot shall be
clearly established on the ground by permanent monuments or
markers.
Section 3.3 Relationships of Structures to Other Structures
Each manufactured home shall be located not less that twenty
(20) feet from any other manufactured home, not less than twenty
(20) feet from any building within the manufactured home park,
except in the case of accessory structures on the manufactured
home lot in which case ten (10) feet shall apply. Each
manufactured home shall be located not less than twenty (20) feet
from the park boundary line or ten feet from the planting strip
(whichever is applicable), and not less than thirty five (35)
feet from the edge of any street right -of -way.
Section 3.4 FootinaS and Outdoor Living Area
The supports of all manufactured homes located within a
manufactured home park shall rest upon footings which meet the
standards set forth in the "State of North Carolina Regulations
for Manufactured Homes" booklet.
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Section 3.5 Flood Hazard
Manufactured home parks shall not be located in areas that
are susceptible to regular flooding as noted on FEMA Maps.
Existing Mobile Home Parks located in Flood Hazard areas shall
not be allowed to add additional spaces or manufactured homes.
Manufactured home parks shall be graded so as to prevent water
from ponding or accumulating on the premises.
Section 3.6 Planting Strip
The manufactured home park shall have a planting strip not
less than ten (10) feet wide adjacent to the park boundary
extending along the entire perimeter of the manufactured home
park. The planting strip shall not be a portion of any
manufactured home space, street, or private drive. It shall be
planted with evergreen and /or deciduous trees not more than eight
(8) feet apart and adequately landscaped with grass and shrubbery
in such a manner as to be harmonious with the landscaping and /or
the adjacent properties and in keeping with the general character
of the surrounding neighborhood. A privacy fence at least six
feet in height may meet the buffering requirement in such
instances where landscaping is impracticable or in instances
where the Planning Board determines that a fence would be the
most effective buffer.
All required planting strips must be continually maintained
by the owner. Failure to maintain any required planting strip
may cause the mobile home park's business license to be with -held
or revoked.
The buffering requirement may be waived by the Harnett County
Planning Board along any boundary which is naturally screened by
trees and shrubbery and /or topography.
Section 3.7 Nonresidential Uses
No part of any park (no Property on the same deed as the
manufactured home park) may be used for nonresidential purposes
except:
a. Storage Buildings: One storage building if allowed by
the park owner may not exceed 101x10' or 100 sq. feet.
b. Swimming pools as allowed by the park owner.
C. Uses that are required for the direct servicing and
well being of park residents and for the management and
maintenance of the park.
This section shall not be construed to prohibit the sale of a
manufactured home located on a manufactured home lot and
connected to the pertinent facilities.
Section 3.8 Parking
Each manufactured home park shall provide sufficient parking
and maneuvering space so that the parking, loading, or
maneuvering of a manufactured home incidental to parking shall
not necessitate the use of any public street, sidewalk, or right -
of -way or any private grounds not part of the manufactured home
park.
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Two off - street parking spaces, each with a minimum length of
twenty (20) feet and a minimum width of nine (9) feet shall be
provided for each manufactured home lot in the park. The parking
spaces shall be constructed with the same material as the
interior streets.
Section 3.9 Exterior Lighting
Adequate lights shall be provided to illuminate streets,
common driveways, walkways, and dead end streets for the safe
movement of vehicles and pedestrians at night. The minimum size
street light shall be a 175 watt Mercury -vapor (approximately
7,000 lumen class) or its equivalent, spaced at intervals of not
more than 300 feet.
Section 3.10 Utilities
Each lot in a manufactured home park shall be served by a
properly approved water and sewerage system.
A. Water Supply System
1. Connection Requirement: As to any manufactured
home park which is created after this revised
Ordinance 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 B below, whether the manufactured home
park is located within or without the service area
of an existing county owned or operated public
water supply and distribution system, the
developer or subdivider shall cause a water
distribution system, meeting the standards herein
specified, to be constructed and installed in such
manufactured home park 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 B. This requirement
also applies to new phases of existing
manufactured home parks when these phases have not
been previously approved by the Harnett County
Planning Board.
Consideration shall be given to the acreage of an
entire tract and the number of potential lots
therein, taking into account topography,
feasibility of the land for further manufactured
home park development, and other factors.
Where, in the opinion of the Planning Board and
Utility Department, a manufactured home park
cannot be economically connected to a county owned
or operated water distribution system, the
manufactured home park must contain adequate area
(based on information concerning the soil survey,
water table, type of sewage disposal, etc.) for
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the installation of private water supply systems,
and must be approved in writing by the County
Health Department. In addition, where, in the
opinion of the Planning Board and Utility
Department, a manufactured home park cannot be
economically connected to a county owned or
operated water distribution system, the developer
or subdivider may establish and create a public
water supply system or connect the manufactured
home park 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 Division of Health Services,
Department of Human Resources of the State of
North Carolina and the North Carolina Utilities
Commission.
2. Distance Specification: A manufactured home park
shall be required to meet the conditions of this
section when the manufactured home park 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 manufactured home park (including
lots to be developed in the future) multiplied by
100; PROVIDED HOWEVER, that the maximum distance
required for connection shall be 5000 feet.
3. Subject to Cagacity Sufficiency: In the event
that a manufactured home park should meet the
distance specification requirements of Subsection
B and the county owned or operated water supply
and distribution system to which the subdivision
would connect shall be of insufficient capacity to
permit the delivery of water to said manufactured
home park, the subject manufactured home park
shall be relieved of the requirement to connect to
such county system.
4. Review Requirements: When a developer or
subdivider is required to install a water
distribution system pursuant to this section,
prior to final approval of the manufactured home
park, the plans for the water distribution system
to be so installed shall be submitted to the
County Director of Public Utilities. The
location, size and specifications of the water
distribution system shall be placed upon said plat
for review and approval. The County Director of
Public Utilities shall review the information
9
supplied and determine whether the plans meet the
requirements of this section.
5. Plan Specification: The plans for a water
distribution system to be installed pursuant to
this section shall show and /or state thereon such
information as will indicate that the system
planned will meet, when constructed and installed,
the requirements of this section.
6. Water Distribution System Specifications: A water
distribution system to be constructed within a
manufactured home park pursuant to this section
and /or connected to the county owned or operated
system shall:
a. Be properly connected in such a manner as to
adequately serve all lots shown on the
manufactured home park plat (including both
present and future lots) for domestic use and
fire protection.
b. Conform to the specifications of the Harnett
County Department of Public Utilities as
provided by said Department and conform to
the accepted standards of good practice for
water system construction, as specified by
the Division of Health Services, Department
of Human Resources, of the State of North
Carolina (or any successor agency thereof)
and as specified in the Harnett County water
system extension policy.
C. Be approved by the necessary federal and /or
state agencies prior to or at the time of
completion.
d. Conform to all federal, state and /or local
ordinances, rules and regulations relating
thereto and any license and /or permits
required thereby shall be obtained.
e. Be constructed pursuant to the necessary
contractual agreements required by the
policies, rules and regulations of the
Harnett County Department of Public
Utilities.
7. Fire Protection: In manufactured home parks with
new roads where an adequate public water supply
system is available, the developer or subdivider
shall install fire hydrants in such a manner that
the manufactured home park is afforded adequate
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EN
fire protection or as provided in the local
government water system extension policy. Fire
hydrants shall be located in such a manner that no
lot is further than one thousand (1,000) feet from
a hydrant. Water lines on which fire hydrants are
to be installed shall be not less than six (6)
inches in diameter. There shall be no closed or
dead end lines servicing the fire hydrant
locations in the manufactured home park, unless an
alternate method is approved.
Applicable: When located outside the service area
of a county owned or operated water supply and
distribution system and /or outside the distance
specifications, lot sizes within a manufactured
home park may be allowed to be reduced, provided
adequate water is available for domestic use from
a community water system to be installed by the
developer; and provided six (6) inch water lines
are installed to service fire hydrant locations
such that no lot is farther than 1,000 feet from
such a location, and stub outs with gate valves
are provided at said fire hydrant locations. If
the manufactured home park does not meet these
provisions, it shall be considered under the
regulations specified herein for property not
having public water available.
9. Construction
park is to
distribution
constructed
development
park.
Period: When a manufactured home
be developed in phases, the water
system required hereunder may be
in steps simultaneous with the
3f each phase of the manufactured home
B. Sewage Disposal System:
1. Connection Requirement: As to any manufactured
home park which is created after the adoption of
this section and is located within that number of
feet of an existing county owned or operated
sewage disposal system as is specified in
Subsection B below, whether the manufactured home
park is located within or without the service area
if an existing county owned or operated public
sewage disposal system, the Developer or
Subdivider shall cause a sewage disposal system,
meeting the standards herein specified, to be
constructed and installed in such manufactured
home parks and shall further cause said sewage
disposal system to be connected to the existing
county owned or operated public sewage disposal
system which is located as specified in said
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Subsection B. This requirement also applies to
new phases of existing manufactured home parks
where these phase have not been previously
approved by the Harnett County Planning Board.
Consideration shall be given to the acreage of an
entire tract and the number of potential lots
therein, taking into account topography,
feasibility of the land for further manufactured
home park development, and other factors.
Where, in the opinion of the Planning Board and
Utility Department, a manufactured home park
cannot be economically connected to a County owned
or operated sewage disposal system, the
manufactured home park must contain adequate area
(based on information concerning the soil survey,
water table, type of water source, etc.) for the
installation of private sewage disposal systems,
and must be approved in writing by the County
Health Department. In addition, where, in the
opinion of the Planning Board and Utility
Department, a manufactured home park cannot be
economically connected to a County owned or
operated sewage disposal system, the Developer or
Subdivider may establish and create a public
sewage disposal system or connect the manufactured
home park to an existing public sewage disposal
system. However, such created public sewage
disposal system or such sewage disposal 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 Division of Health
Services, Department of Human Resources of the
State of North Carolina and the North Carolina
Utilities Commission.
2. Distance Specification: A manufactured home park
shall be required to meet the conditions of this
section when the manufactured home park is located
within that number of feet of an existing county
owned or operated sewage disposal system which
equals the product of the number of lots within
the manufactured home park (including lots to be
developed in the future) multiplied by 100;
PROVIDED HOWEVER, that the maximum distance
required for connection shall be 5,000 feet.
3. Subject to Capacity Sufficiency: In the event
that a manufactured home park should meet the
distance specification requirements of Subsection
B and the County owned or operated sewage disposal
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system to which the manufactured home park would
connect shall be of insufficient capacity to
permit the collection and treatment of sewage from
said manufactured home park, the subject
manufactured home park shall be relieved of the
requirement to connect to such county system.
4. Review Requirements: When a Developer or
Subdivider is required to install a sewage
disposal system pursuant to this section, prior to
final approval of the record plat, the plans for
the sewage disposal system to be so installed
shall be submitted to the County Director of
Public Utilities. The location, size, and
specifications of the sewage disposal system shall
be placed upon said plat for review and approval.
The County Director of Public Utilities shall
review the information supplied and determine
whether the plans meet the requirements of this
section.
5. Plan Specification: The plans for a sewage
disposal to be installed pursuant to this section
shall show and /or state thereon such information
as will indicate that the system planned will
meet, when constructed and installed, the
requirements of this section.
6. Sewage Disposal System Specifications: A sewage
disposal system to be constructed within a
manufactured home park pursuant to this section
and /or connected to the County owned or operated
system shall:
a. Be properly connected in such a manner as to
adequately serve all lots shown on the
manufactured home park plat (including both
present and future lots).
b. Conform to the specifications of the Harnett
County Department of Public Utilities as
provided by said Department and conform to
the accepted standards of good practice for
sewage system construction, as specified by
the Division of Health Services, Department
of Human Resources, of the State of North
Carolina (or any successor agency thereof)
and as specified in the Harnett County sewage
system extension policy.
C. Be approved by the necessary federal and /or
state agencies prior to or at the time of
completion.
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d. Conform to all federal state and /or local
ordinances, rules, and regulations relating
thereto and any license and /or permits
required thereby shall be obtained.
e. Be constructed pursuant to the necessary
contractual agreements required by the
policies, rules, and regulations of the
Harnett County Department of Public
Utilities.
Construction Phased: When a manufactured home
park is to be developed in phases, the sewage
disposal system required hereunder may be
constructed in steps simultaneous with the
development of each phase of the manufactured home
park.
Section 3.11 Interior Street System
A. Access - All manufactured home parks shall be provided
with a network of streets, roads, or driveways that
will allow safe and convenient vehicular access to an
improved public street from each mobile home lot, but
no individual manufactured home within a park may have
direct, driveway access to an abutting public street.
The intersection of the public street with the entrance
way or private access road to the manufactured home
park shall be designed to facilitate the free movement
of traffic on the public street and to minimize the
hazards caused by traffic entering or leaving the park
development. Signs shall be erected or curb markings
painted to indicate that parking on the entrance way or
private access road within one hundred (100) feet of
its intersection with the public street is prohibited.
Should this stipulation be violated, the Planning
Department may withhold or revoke the business license
for the park.
Through streets connecting two (2) public thoroughfares
or extending to adjacent properties shall be built to
minimum construction standards required by the North
Carolina Department of Transportation for acceptance to
the State Highway System. All through streets shall
have approval by the North Carolina Department of
Transportation.
The following road types shall have the following
standards.
1. Dead end streets shall not exceed 1,000 feet in
length and shall have a right -of -way of 45 feet.
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2. Loop roads of more than one mile in length shall
have a right -of -way of 50 feet; loop roads less
than one mile shall have a right -of -way of 45
feet.
3. Cul -de -sacs shall not exceed 1,000 feet in length
and shall have a forty five (45) feet right -of -way
and a minimum of sixty (60) feet in diameter
turnaround.
4. Any driveway connections to the state highway
system will require a driveway connection permit
from the Department of Transportation.
B. Circulation - The street system shall provide
convenient circulation by means of minor streets and
properly located collector streets. Cul -de -sacs
designed to have one end permanently closed, shall be
no longer than one thousand (1,000) feet and their
closed end shall have a turnaround such as a T or Y
turn or cul -de -sac with a minimum diameter of sixty
(60) feet. The length of a cul -de -sac shall be
measured from the center of the turn around to the
intersection of its center line with the center line of
the connecting cul -de -sac street.
C. Travel -way Widths - Travel -way widths shall be wide
enough to accommodate the contemplated parking and
traffic load for the type of street, with nine (9) feet
minimum moving lanes for collector streets, seven (7)
feet minimum moving lanes for minor streets, and seven
(7) feet minimum lanes for parallel parking. In all
cases, travel -ways shall meet the following minimum
requirements: (1) collector streets with parking
allowed on both sides, thirty two (32) feet; (2)
collector streets without parking allowances, eighteen
(18) feet; (3) minor streets for serving less than
twenty lots, with no parking allowed, fourteen (14)
feet.
D. Street Grades - Grades of all streets shall be
sufficient to insure adequate surface drainage, but
shall not be more than eight percent (8%). Short runs
may have a maximum grade of twelve percent (12%), if
traffic safety is assured.
E. Intersection - Street intersections shall generally be
at right angles. Off -sets at intersections and
intersections of more than two streets at one point
shall be avoided.
F. Extent of Improvements - All streets shall have a
smooth, hard, dense surface that is durable and well -
15
drained under normal use and weather conditions. The
surface shall be kept free of cracks and holes, its
edges suitably protected to prevent traveling and
shifting of the base.
In situations where three (3) manufactured homes are to
be served by a road, a perpetual easement of not less
than thirty (30) feet in width shall be provided.
In manufactured home parks with four (4) or more
manufactured home lots shall have a minimum roadway
surface of four (4) inches of aggregate base course or
material equal in quality, if approved by the Planning
Board.
G. Street Names - All streets shall be named with signs
which are identifiable from the street. These signs
shall be a maximum length of twenty -two (22) inches and
a maximum width of six (6) inches. Names may not be
the same as other street names in Harnett County and
street names must be shown on the park plans.
Section 3.12 Recreation Areas
When a manufactured home park shall contain at least twenty
lots, a recreation area will be developed and maintained that
shall include not less than eight percent of the total park area.
The minimum size of any recreation area shall be 2,500 square
feet. Lakes, ponds, rivers, streams and marshlands shall not be
considered as meeting, in part or in whole, the recreation area
requirements of this section.
Section 3.13 Tie Down and Anchoring Requirements
Manufactured homes shall be securely anchored to the ground
by means of a tie down system. When the manufactured home is
factory equipped with a tie down system designed by a registered
architect or engineer, then the owner is to use the
manufacturer's set of instructions as the standard of proper tie -
down procedures. If no such set of instructions is available or
if the system has not been designed by a licensed architect or
engineer, then the Administrative Official is to enforce
standards listed in the "State of North Carolina Regulations for
Manufactured Homes" booklet published by the North Carolina
Department of Insurance.
Section 3.14 Storage of Possessions
Storage of possessions and equipment in the area beneath
mobile homes shall be prohibited to prevent storage of flammable
and toxic materials which may place its occupants in undue
danger.
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ARTICLE IV
RESPONSIBILITIES AND DUTIES OF PARK OPERATORS
Section 4.1 Manufactured Home Park Maintenance
Manufactured home park operators shall be required to
provide adequate supervision to maintain the park in compliance
with the requirements of this Ordinance. Manufactured home parks
with fourteen (14) or more lots shall be required to have a
manager on site. Further, the manufactured home park operators
shall keep all park owned facilities, improvements, equipment and
all common areas in good repair and maintained in such a manner
as to prevent the accumulation or storage of materials which
would constitute a fire hazard or would cause insect or rodent
breeding and harborage. Abandoned vehicle storage or the
accumulation of junk is expressly prohibited in existing and /or
new manufactured home parks. Either item may be cause to revoke
a manufactured home park business license.
Section 4.2 Placement and Anchoring
Operators shall be required to supervise the placement of
all manufactured homes to guarantee that they are properly
anchored and attached to utilities.
All manufactured homes within a manufactured home park shall
not be permanently attached to its support foundations, but shall
be properly anchored or provided with tiedowns, in accord with
the State of North Carolina Regulations for Mobile Homes.
Section 4.3 Assist County Tax Supervisor
operators shall be required to comply with NC General Statute
105 -316 (a) (1) which requires that as of January 1 of each year
each operator of a park renting lots for six (6) or more
manufactured homes, furnish to the County Tax Supervisor the name
of the owner of and a description of each manufactured home
located in the park.
Section 4.4 Solid Waste Disgosal
The park operator will operate or provide for the operation
of a solid waste disposal system, including providing park
tenants with appropriate containers. The solid waste disposal
system shall consist of dumpsters or container stands with
contract pickups. The owner himself, may operate the contract
pickup provided he signs a notarized statement saying that he
will be responsible for the trash collection in the manufactured
home park. Container sites or dumpster sites shall be maintained
at least one hundred (100) feet from the well site. All garbage
shall be collected at least once weekly. Container sites or
dumpsters which are not maintained may cause a business license
to be revoked.
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The park operator shall be required to provide numbers which
are a minimum of four (4) inches in size and to supervise the
placement of these numbers to clearly identify each manufactured
home or manufactured home lot from the street. These numbers
shall be displayed either on each manufactured home or on a post
placed within the lot area.
The park operator shall also be required to provide a park
sign which identifies the name of the park and a telephone number
at which the park owner or operator may be contacted. These
signs must be visable from the road adjacent to the park.
ARTICLE V
PROCEDURE FOR SECURING APPROVAL OF MANUFACTURED HOME PARKS
Section 5.1 Approval Required
No person shall construct or engage in the construction of
any manufactured home park or make any addition or alteration to
a manufactured home park that either alters the number of lots
for manufactured homes within the park or affects the facilities
required therein until approval has been granted by the Harnett
County Planning Board.
Section 5.2 Manufactured Home Park Initial Permit Application
Procedure
A. Prior to the construction of a manufactured home park
or the expansion of an existing manufactured home park
the developer shall make application to the Harnett
County Planning Board for a permit to construct or
expand such a park. The application shall be
accompanied by five (5) copies of the proposed park
plan. Such application must be received at least seven
(7) working days prior to a regularly scheduled meeting
of the Harnett County Planning Board, if the
application and proposed park plan is to be reviewed by
the Planning Board at that time.
B. The park plan
1 inch = 100
engineer or
following:
1. The name
owner or
shall be drawn at a scale no smaller than
feet and must be drawn by a registered
Licensed surveyor and shall include the
of the park, the names and addresses of
owners, and the designer or surveyor.
2. Date, scale, and approximate North arrow.
3. Boundaries of the tract shown with bearings and
distances.
4. Site plan showing streets, traffic circulation,
driveways, recreation areas, parking spaces,
service buildings, water courses, easements,
manufactured home lots, lot numbers, all
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structures to be located on the park site, and
total acreage of the park.
5. Vicinity map showing the location of the park and
the surrounding land usage.
6. Names of adjoining property owners.
7. The existing and proposed utility system for
surface water drainage, street lights, water
supply, and solid waste and sewage disposal
facilities.
S. Certification of approval of water supply system
plans by (a) the Harnett County Health Department
for a system with less than fifteen (15)
connections or (b) the Sanitary Engineering
Section, Division of Health Services North
Carolina Department of Human Resources for a
system with fifteen (15) or more connections.
9. Certification of approval of sewerage collection
systems by (a) the North Carolina Department of
Natural and Economic Resources, Division of
Environmental Management, for a system with
surface discharge, or four non - domestic liquid
waste or (b) the Harnett County Health Department
for systems with subsurface disposal systems.
10. Certification of solid waste storage, collection
and disposal shall be approved by the Harnett
County Planning Board.
11. Land contours with vertical intervals of not less
than two (2) feet for all manufactured home parks
with twenty five (25) manufactured home spaces or
more.
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Section 5.3 Variances
The Harnett County Planning Board may grant a variance from
the manufactured home park regulations when, in its opinion,
undue hardship may result from strict compliance. In granting
any variance, the Planning Board shall make the findings below,
taking into account the nature of the proposed manufactured home
park, the existing use of land in the vicinity, the number of
persons to reside or work in the proposed park and the probable
effect of the park upon traffic conditions in the vicinity, No
variance shall be granted unless the Planning Board finds:
A. That there are special circumstances or conditions
affecting said property such that the strict
application of the provisions or this ordinance would
deprive the applicant of the reasonable use of his
land.
B. That the variance is necessary for the preservation and
enjoyment of a substantial property right of the
petitioner.
C. That the circumstances giving rise to the need for the
variance are peculiar to the parcel and are not
generally characteristic of other parcels in the
jurisdiction of this Ordinance.
D. That the granting of the variance will not be
detrimental to the public health, safety and welfare or
injurious to other property in the territory in which
said property is situated.
E. That the variance does not confer on the applicant
special privileges or be in contradiction to other
local, state, or federal regulations.
Section 5.4 Review of the Proposed Manufactured Home Park Plan
The administrative Official shall transmit the proposed park
plan to the Secretary of the Harnett County Planning Board for
review at its next meeting:
A. The Planning Board shall review the proposed
manufactured home park plan to determine if it is in
accordance with the requirements set forth in this
Ordinance.
B. If the Planning Board should disapprove the proposed
park plan, the reasons for such action and the
recommended changes shall be given to the developer or
his agent.
C. After the Planning Board has approved the proposed park
plan, one approved copy shall be sent to the
Administrative Official and one approved copy shall be
given to the developer or his agent.
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Section 5.5 Issuance of Initial Permit and Business License
A. After receiving approval of the proposed manufactured
home park plan, the Administrative Official is
authorized to issue a letter allowing the construction
of the park according to the proposed plan, but shall
not be construed to entitle the applicant to offer
spaces for rent or lease, or to operate a mobile home
park.
B. If construction of the manufactured home park has not
begun within twelve (12) months from the issued date of
the initial permit, the Planning Board may grant an
extension of the permit when the applicant shows
reasonable cause for delay. However, the Planning
Board also has the authority to require the proposed
park to resubmit their plan.
C. When the developer has completed the construction of
the manufactured home park, he shall apply to the
Harnett County Planning Office who shall make an on-
site inspection of the park.
1. If the park conforms to the plan approved by the
Planning Board and other agencies, the Planning
Office shall issue the developer a business
license.
2. If the park does not conform with the approved
plan, the Planning Office shall delay issuance of
the business license until it comes into
conformity.
D. The business license issued to the applicant shall
constitute the authority to operate the manufactured
home park. The business license shall expire after a
two year period and must be renewed to be valid. The
Planning Department has the authority to withhold
Certificate of Occupancy Permits for parks without a
valid business license.
E. When a manufactured home park is to be developed in
phases, the proposed plan may be submitted for the
entire development. All sections of a manufactured
home park must meet the requirements of this Ordinance
in order for a business license to be issued for any
additional phases, then application for a business
license may be made for each phase completed.
F. Upon determination that an existing sanitary sewerage
system has a valid operation permit or a valid
certificate of completion and is operating properly in
a manufactured home park, the Harnett County Health
Department shall issue authorization in writing for a
21
manufactured home to be connected to the existing
system and to be occupied.
Notwithstanding the above requirement, an improvement
permit is not required for the connection of a
manufactured home to an existing system with a valid
operation permit or a valid certificate of completion
in a manufactured home park. (N.C. Gen. Stat. 130A -337
(C) ) .
G. All manufactured home parks in Harnett County shall be
inspected by the Harnett County Health Department at
least once every two (2) years. The business license
of parks with sewerage problems based on current North
Carolina sanitation regulations may be revoked upon
request from the Harnett County Health Department.
H. Violation of any of the Ordinance requirements
constitutes grounds for refusing to issue a license or
renew a license or to revoke an issued license.
Operating a manufactured home park without a valid
license is a misdemeanor punishable under the terms of
this Ordinance.
ARTICLE VI
ADMINISTRATION
Section 6.1 Administration
The Harnett County Planning Department shall administer and
enforce this Ordinance. The office may be provided with
assistance of such other persons as the Board of Commissioners
may direct.
Section 6.2 Enforcement
If the Harnett County Planning Department shall find that
any of the provisions of this Ordinance are being violated, it
shall notify in writing the person responsible for the violation,
specifying the nature of the violation and what corrective
measures must be taken. The Planning Department shall order
discontinuance of illegal use of land, buildings, or structures;
removal of illegal buildings or structures or of additions,
alterations, or structural changes thereto; discontinuance of any
illegal work being done; or shall take any other action
authorized by law to insure compliance with or to prevent
violation of the provisions of this Ordinance.
Section 6.3 Fees
The Harnett County Board of Commissioners shall set a fee,
payable to the Harnett County Planning Office, to cover the
necessary processing cost of all manufactured home permits and
business licenses. The set fee shall be posted in the Planning
Office.
PIN
Section 6.4 Penalties
Any person failing to take corrective action within a
reasonable time after receiving written notice from the Harnett
County Planning Office; and any person operating a manufactured
home park without a valid business license shall be guilty of a
misdemeanor and may be punished by a fine not to exceed fifty
dollars ($50.00) or imprisonment not to exceed thirty (30) days.
Each day such violation shall be permitted to exist shall
constitute a separate offense.
Section 6.5 Right of Appeal
If any initial permit or business license is denied or
revoked, the applicant may appeal the action of the
Administrative Official to the Planning Board. Beyond the
decision of the Planning Board, recourse shall be to the Courts
as provided by law.
Section 6.6 Amendment
The Harnett County Board of Commissioners may from time -to-
time amend the terms of this Ordinance (but no amendment shall
become effective unless it shall have been proposed by or shall
have been submitted to the Planning Board for review and
recommendation). If the Planning Board fails to submit a report
within thirty (30) days after public hearing by the Harnett
County Board of Commissioners, the proposed amendment shall be
deemed to have recommended approval by the Planning Board.
No amendment shall be adopted by the governing body until
they have held a public hearing on the amendment. Notice of the
hearing shall be published in a newspaper of general circulation
in Harnett County at least once a week for two (2) successive
weeks prior to the hearing, the first publication being not less
than ten (10) days nor more than twenty -five (25) days before the
date of the hearing. In computing the ten (10) day, twenty -five
(25) day period, the date of publication is not to be counted,
but the date of the hearing is to be counted.
23
Duly amended this seventeenth day of August, Nineteen Hundred and
Ninety Eight.
HARNETT CODUNTTYQCOMMISSIONERS
/�/Gl.�.� K%neln�..o
Dan Andrews, Chairman
K6-"' /.
Kay SO Blanchard, Clerk to the Board
pt]
MANUFACTURED HOME PARK ORDINANCE
OF
HARNETT COUNTY, NORTH CAROLINA
Fee Schedule
1.
The set -up
permit for
a single -wide manufactured
home to
be
placed in
the park is
$50.00.
2.
The set -up
permit for
a double -wide manufactured
home to
be
placed in
the park is
$60.00.
3.
Obtaining
a business
license is required every two
(2)
years and
can be acquired for a fee of $100.00
plus $4.00
per lot.
4.
Plan Review fee for
manufactured home parks is
$150.00
+
$15.00 per
lot.
HARNETT CO NTY, NO TH CAROLINA
FILED DATES �'� 3� 9TIME /J I V4
BOOK._L.�L PAGE Sot • °=D �o
REGISTER OF DEEDS
KIMBERLY S. HARGROVE
25