Subdivision Regulations Ordinance 09/06/89HARNETT COUNTY, NORTH CAROLINA
Subdivision Regulations
ADOPTED
April 4, 1977
as Amended through
September 6, 1989
ED / �y 7//4/
llaR l� 8 03 A�'90
GAYLE P. HOLUR
REGISTER OF DEEDS
HARNET'. COUNTY. NC
The preparation of this report was financed in part through
an urban planning grant from the Department of Housing and
Urban Development, under the provisions of Section 701 of
the Housing Act of 1954, as amended.
TABLE OF CONTENTS
Page
Article I
General Provisions 5
Section
1.0
Authority 5
Section
1.1
Title 5
Section
1.2
Territorial Jurisdiction 5
Section
1.3
Purpose 5
Section
1.4
Exclusions 5
Article II Definitions and Interpretations 6
Section 2.0 Definitions 6
Section 2.1 Tense and Number 8
Section 2.2 Word Interpretation 8
Article III Plat Preparation and
Approval Procedure 10
Section
3.0
General
10
Section
3.1
Sketch Plan
10
Section
3.2
Preliminary Plat
it
Section
3.3
Final Plat
14
Section
3.4
Minor Subdivision Plat Approval
18
Article IV
Design Standards
21
Section
4.0
General
21
Section
4.1
Subdivision Names
21
Section
4.2
Streets and Utilities
21
Section
4.3
Water and Sewer
22
Section
4.4
Lot Requirements
29
Section
4.5
Blocks
30
Section
4.6
Building Setback Lines
31
Section
4.7
Easements
31
Section
4.8
Drainage Easements
31
Article V Improvements
32
Section
5.0
General
32
Section
5.1
Guarantees of Improvements
32
Section
5.2
Required Improvements
33
Section
5.3
Recommended Improvements
34
Article VI
Administration
35
Section
6.0
Administration
35
Section
6.1
Variances
35
Section
6.2
Amendment
35
Section
6.3
Separability
35
Section
6.4
Conflict
35
Section
6.5
Fees
36
Section
6.6
Duty of Register of Deeds
36
Section
6.7
Penalty
36
APPENDIX
Appendix A
Page
Certificates 38
Appendix B
Preliminary Plat Checklist 40
Final Plat Checklist 42
Appendix C
Environmental Assessment Statement 44
ARTICLE I
GENERAL PROVISIONS
Section 1.0 Authority
The provisions of this ordinance are adopted under authority
granted by the General Assembly of the State of North Carolina in
General Statutes, Chapter 153A, Article 18, Part 2.
Section 1.1 Title
This Ordinance shall be known as the Subdivision Regulations
for Harnett County, North Carolina, and may be referred to as the
Subdivision Regulations.
Section 1.2 Territorial Jurisdiction
On and after April 4. 1977, these regulations shall govern
each and every subdivision of land lying within the County and
outside the subdivision regulation Jurisdiction of any
municipality, and the subdivision of land within the subdivision
regulation Jurisdiction of any municipality whose governing body
by resolution agrees to such regulations.
Section 1.3 Purpose
The purpose of this Ordinance is to support and guide the
proper subdivision of land within Harnett County outside of the
subdivision regulation Jurisdiction of any municipality within
the County in order to promote the public health, safety, and
general welfare of the County. The Ordinance is designed to
promote the orderly development of the County, for the
coordination of streets and highways within proposed
subdivisions with existing or planned streets and highways and
with other public facilities, for the dedication or reservation
of rights - of-ways or easements for street and utility purposes,
and for the distribution of population and traffic, which shall
avoid congestion and overcrowding and which will create
conditions essential to public health, safety, and the general
welfare. This Ordinance is designed to further facilitate
adequate provision for water, sewerage, parks, schools, and
playgrounds, and also to facilitate the further re- subdivision of
larger tracts into smaller parcels of land.
Section 1.4 Exclusions
This Ordinance is not intended to regulate mobile home park
developments or apartment complexes.
5
,j n
ARTICLE II
DEFINITIONS AND INTERPRETATIONS
Section 2.0 Definitions
For the purpose of this Ordinance, the following terms have
been defined as:
1. Block: A parcel of land, which is entirely surrounded
by public streets, highways, railroad rights -of -way,
parks or green strips, rural land or drainage channels,
or a combination thereof.
2. Building Setback Line: A line parallel to the property
lines in front of which no structure shall be built.
3. Corner Lot: A lot abutting two or more streets at the
street intersection.
4. County Engineer: A professional engineer or registered
land surveyor registered in the State of North
Carolina, employed by the County Board of Commissioners
5. D °eve ouere ceisrig1�Su�idiv� der: "'Any Bperson,Courism, or
corporation who subdivides or develops any land deemed
to be a subdivision as herein defined.
6. Double or Reverse Frontage Lot: A continuous (through)
lot of the same depth as the width of a block and which
is accessible from both of the streets upon which it
fronts.
7. Easement: A grant by the property owner for use by the
public, or by any firm, person or corporation, or by
any combination of such entities, of a strip of land
for specific purposes.
8. Frontage Street or Road: A street or road which runs
parallel to and adjacent to a limited access highway
thereby providing frontage on and access to the major
highways.
9. Lot: A portion of a subdivision, or any other parcel
of land intended as a unit for transfer of ownership or
for development, or both.
10. Official Map or Plans Any maps, plans, charts, or
text officially adopted by the County Board of
Commissioners for the development of Barnett County.
3
11. Planned Unit Development: The planned unit development
is a permitted use designed to provide for developments
incorporating a single type or a variety of residential
and related uses for which are planned and developed as
a unit. Such development may consist of individual
lots or common building sites. Common land must be an
element of the plan related to effecting the long -term
value of the entire development.
12. Plat: A map or plan of a tract or parcel of land which
is to be, or which has been subdivided.
13. Plat, Preliminary: A map of a proposed land
subdivision showing the character and proposed layout
of the tract in sufficient detail to indicate the
compliance of the proposed subdivision of land with
these regulations.
14. Plat, Final: A map of a land subdivision prepared in a
form suitable for filing of record with necessary
affidavits, dedications, and acceptances, and with
complete bearings and dimensions of all lines defining
lots and blocks, streets and alleys, public areas, and
other dimensions of land required by this Ordinance.
15. Planning Board_ The Harnett County Planning Board.
16. Subdivision: A "subdivision" shall include all
divisions of a tract or parcel of land into two or more
lots, building sites, or other divisions for the
purpose whether immediate or future, of sale or
building development, and shall include all divisions
of land involving the dedication of a new street or a
change in existing streets; provided, however, that the
Ordinance. (As Amended 10- 19-87)
a. The combination or recombination of portions of
previously platted lots where the total number of
lots is not increased and the resultant lots are
equal to or exceed the standards of the County, as
shown in this Subdivision Ordinance.
b. The division of land into parcels greater than ten
(10) acres where no street right -of -way dedication
is involved.
C. The public acquisition by purchase of strips of
land for the widening or opening of streets.
7
d. The division of a tract in single ownership whose
entire area is no greater than two (2) acres into
not more than three (3) lots, where no street
right -of -way dedication is involved and where the
resultant lots are equal to or exceed the
standards of the County, as shown in this
Subdivision Ordinance.
e. Division among heirs or proposed heirs.
17. Subdivision
a maximum
maintained
maximum of
requirement.
2 -6 -89)
Minor - (a)
of five lots
road (b) Any
three lots
s: (As Amended
4ny subdivision which creates
which front on a state
subdivision which creates a
which meet the following
8 -5 -85, 9- 16 -85, 4- 18-88,
(1) Front on any combination of state road and 30'
easement
(2) Allow a maximum of six (6) lots to be created on
any easement
18. Surface Drainase: A drainage system consisting of
culverts and open ditches.
19. Street: A dedicated and accepted public right- of-way
for vehicular traffic.
a. Cul -de -sac - a short minor street having one end
open to traffic and the other terminated by a
vehicular turnabout.
Section 2.1 Tense and Number
1. The present tense includes the future tense, and the
future tense includes the present tense.
2. The singular number includes the plural number, and the
plural number includes the singular number.
Section 2.2 Word Interpretation
For the purpose of this Ordinance, certain words shall be
interpreted as follows:
1. The word "may is permissive.
2. The words "shall" and "will" are mandatory.
3. The words "building" includes the word "structure"
j
4. The word "County" shall mean the "County of Harnett or
Harnett County, North Carolina," the same being a
creature of the General Assembly of the State of North
Carolina having the powers bestowed upon it by Chapter
153A of the General Statutes of North Carolina.
5. The words "Board of County Commissioners" or "County
Commissioners" shall mean the "Harnett County Board of
Commissioners ".
6. The words "Ordinance" and "regulations" shall mean the
"Subdivision Regulations for Harnett County, North
Carolina ".
7. The words "Register of Deeds" shall mean the "Recorder
of Deeds for Harnett County, North Carolina ".
8. The word "street" includes the words "road" "highway ",
"avenue ", "boulevard ", "place ", "court ", and "circle ".
Vj
ARTICLE III
PLAT PREPARATION AND APPROVAL PROCEDURE
Section 3.0 General (As Amended 11 -1 -82 and 11- 15 -82)
All subdivisions of land except those described in
subsection 2 below within the subdivision jurisdiction
of Harnett County shall hereafter conform to the
procedure contained within the articles of this
Ordinance. This Subdivision Regulation Ordinance
requires that a plat be prepared, approved, and
recorded pursuant to the provisions of this Ordinance
whenever a subdivision of land takes place. If the
subdivision contains one to five lots, it may qualify
as a minor subdivision. The discussion of minor
subdivisions is found in Article 3, Section 3.4.
That there shall be excepted from the procedures
contained in the Articles of this Ordinance
subdivisions of tracts of land having frontage either
on private streets, when the private streets existed
prior to the 15th day of November, 1982, and when
disclosure statements are given as required by North
Carolina General Statute 136 -102.6 (f), or on
neighborhood public roads as defined by North Carolina
General Statute 136 -67 where disclosure statements are
given as requested by North Carolina General Statute
136 -102.6 (f): said exception is to apply only when the
seller files with the County an affidavit that he does
not contemplate that the particular private street or
neighborhood public road will serve more than three
dwelling units and no commercial or industrial sites.
Section 3.1 Sketch Plan
General
Before a subdivider submits a preliminary plat, a
sketch plan of the proposed subdivision may be
prepared and submitted to the Harnett County Planning
Board. The sketch plan should be drawn to a scale of
not less than two hundred (200) feet to one (1) inch.
2. Contents of the Sketch Plan
The sketch plan should contain
following information:
a. The proposed name
subdivision.
b. The name and address
subdivider.
C. The total acreage in the
d. The tentative street and
10
or be accompanied by the
and location of the
of the owner and the
tract to be subdivided.
lot arrangement.
e. The approximate rights- of-way, easements, and lot
lines.
f. The average lot area and approximate number of
lots.
g. The existing and proposed uses of land throughout
the subdivision.
h. Surface drainage of the subdivision.
i. The zoning classification of the tract.
Planning Board Review
The Harnett County Planning Board shall review the
sketch plan for general compliance with the
requirements of this Ordinance; and the subdivider or
his representative may discuss plans for development of
the proposed subdivision. The Planning Board shall
advise the subdivider as to the regulations which
pertain to the proposed development and the procedure
the subdivider shall follow in preparing and submitting
a preliminary subdivision plat.
Section 3.2 Preliminary Plat
Subdividers shall submit to the Planning Board a preliminary
plat of the proposed subdivision. The subdivider shall submit
ten (10) black or blue line prints of the preliminary plat and
any supplementary material to the Planning Board through the
Administrator of this Ordinance at least seven (7) working days
prior to the next regular meeting of the Planning Board, at which
the preliminary plat is to be considered. Work days are those
days on which the offices of the Harnett County Auditor and Board
of Commissioners are open for business.
Content of the Preliminary Plat
The scale of the preliminary plat shall be no smaller
than one (1) inch to two hundred (200) feet. The plat
shall contain or be accompanied by the following
information:
a. The name and address of the owner, the
subdivider, and the person preparing the plat, the
scale, north point, and date.
b. A location map showing the relationship between
the subdivision and the surrounding area inset on
the plat sheet, the names and locations of
adjoining subdivisions and streets, the location
and ownership of adjoining unsubdivided property
if known, the location of county and /or municipal
boundaries if falling within or immediately
adjoining the tract, the zoning classification of
the tract, if applicable, and the general land use
of the surrounding property
11
C. The boundaries of the tract with all bearings and
distances indicated, total acreage in the tract,
and the location of existing structures, water
courses, rights -of -way, and utility easements.
d. The proposed name of the subdivision, street
rights -of -way and surface widths, dedication of
street (public or private), approximate grades,
street names, water supply, storm drainage and
sewer disposal systems (except that individual
wells and septic tanks need not be shown), lot
lines, lot and block numbers, approximate
dimensions of lots, building setback lines and
areas to be used for parks, churches, etc, if any.
e. The developer may be asked to prepare a brief
statement as to what impact the proposed
subdivision may have on the environment. This
statement would include any wildlife displaced,
trees destroyed, historical sites or landmarks
adversely affected, the impact of grading or
paving of any areas, or other matters that would
be detrimental to the environment resulting from
the proposed subdivision.
f. Any other supplemental information considered by
the subdivider or the Planning Board to be
pertinent to the review of the preliminary plat,
including any restrictive covenants which the
developer intends to attach to parcels within the
subdivision.
g. If the tract to be subdivided encompasses all or
parts of one or more tracts owned by the
subdivider or subdividers, the boundary line of
such tract or tracts, or parts thereof, shall be
indicated upon such plat in a manner in which
shall clearly illustrate the parent tract or
tracts of said subdivision and the subdivider's
source of title for such tract, tracts, or parts
thereof, shall be plainly indicated upon the face
of such plat by reference to the recording data of
the most recently recorded instrument in the
subdivider's chain of title.
2. Planning Board Action
The Planning Board shall review the preliminary plat at
its next regular meeting after the preliminary plat has
been properly submitted. At this meeting, the Planning
Board shall approve, conditionally approve, or
disapprove the plat after considering the
recommendations of the agencies listed in Article III,
Section 3.2 -(4) of this Ordinance.
12
a. If the preliminary plat is approved, approval
shall be noted on two prints of the plat by the
Chairman of the Planning Board. One print of the
plat shall be transmitted to the subdivider and
the second approved print shall be retained by the
Planning Board.
b. In the case of conditional approval, the reasons
for conditional approval and the conditions to be
met shall be specified in writing. One copy of
such reasons and conditions, along with one print
of the plat, shall be retained by the Planning
Hoard and a print shall be given to the
subdivider.
c. When a preliminary plat is disapproved, the
Planning Board shall specify the reasons for each
action in writing. One copy of such reasons and
one print shall be retained by the Planning Board,
and a print of the plat with the reasons for
disapproval shall be given to the subdivider. If
the preliminary plat is disapproved, the
subdivider may make the recommended changes and
submit a revised preliminary plat.
3. Development in Stases
When a subdivision is to be
preliminary plat shall be
development. The subdivider
constituting that portion
plat that he proposes to rea
developed in stages, the
submitted for the entire
shall submit a final plat,
of an approved preliminary
and and develop.
4. District Highway Engineer, County Health Department
It shall be the responsibility of the Administrator of
this Ordinance to insure that the following agencies
are given an opportunity to review and make
recommendations on the preliminary plat:
a. The District Highway Engineer as to proposed
streets, highway, and drainage systems.
b. The County Health Department as to proposed water
and sewage systems.
C. Other county or state agencies whose approval
might be necessary.
13
Section 3.3 Final Plat (As Amended 4 -18 -88 and 10- 17 -88)
The subdivider shall submit ten (10) black or blue line
copies of a final plat, and one (1) reproducible drawing to the
Planning Board through the Administrator of the Ordinance seven
(7) working days prior to the regular meeting of the Planning
Board at which the plat is to be considered. The final plat
shall be prepared by a licensed surveyor. Such plat shall be
drawn on sheets not larger than 21 inches by 30 inches and no
smaller than B -1/2 inches by 11 inches including 1 -1/2 inches for
binding on the left margin and 1/2 inch border on each of the
other sides.
1. Completion of Improvements
No final plat shall be approved until all required
improvements are installed according to an approved
preliminary plat, except as provided in Article VI,
Section 6.1.
2. Contents of the Final Plat
The final plat shall contain the following
information:
a. The exact boundary lines of the tract to be
subdivided fully dimensioned by bearings and
distances, and the location of boundary lines of
adjoining lands, with adjacent subdivisions
identified by official names.
b. The accurate location and descriptions of all
monuments, markers, and control points.
C. Sufficient engineering data to determine readily
and reproduce on the ground every straight or
curved boundary line, street line, lot line,
right -of -way, easement line, and setback line,
including dimensions, bearings or deflection
angles, radii, chords, central angles, and tangent
distances for the center line of curved streets
and curved property lines, to an appropriate
accuracy and in conformance with good surveying
practice.
d. The widths and names of all proposed streets and
easements which shall be properly located.
e. The location, purpose, and dimensions of areas to
be used for purposes other than residential.
f. The blocks numbered consecutively throughout the
entire subdivision and the lots numbered
consecutively throughout each block.
g. The name of the subdivision, the owner, and the
surveyor preparing the final plat.
h. The date of the survey and plat preparation, a
north arrow and graphic scale.
1 4
i.
k.
Any other information considered by either the
subdivider or the Planning Board to be pertinent
to the review of the final plat.
If the tract to be subdivided encompasses all or
parts of one or more tracts owned by the
subdivider or subdividers, the boundary line of
such tract or tracts, or parts therof shall be
indicated upon such plat in a manner which shall
clearly illustrate the parent tract or tracts of
said subdivision and the subdivider's source of
title for such tract, tracts or parts thereof,
shall be plainly indicated upon the face of such
plat by reference to the recording data of the
most recently recorded instrument in the
subdivider's chain of title.
The following certificates shall be included with
each final plat submitted to the Planning Board by
the subdivider and shall be filed by the Register
of Deeds when the final plat is recorded.
(1) Certificate of Ownership, Dedication and
Jurisdiction, signed.
(2) Certificate of Approval of Water Supply and
Sewage Disposal Systems, signed by the County
Health Director or his authorized agent. A
Certificate of Approval signed by the County
Utilities Director is required when county
owned or operated public water and /or public
sewage is to be utilized. The subdivider
shall install these facilities in accordance
with the approved plans. (As Amended
4- 18 -88)
(3) Certificate of Accuracy and Mapping, signed.
(4) Certificate of Approval of Streets and
Street Drainage Plans and Improvements by
District Engineer, North Carolina State
Highway Commission, signed. (This may be by a
certificate on the final plat or by letter
from the District Highway Engineer.)
(5) Certificate of Approval by the Harnett
County Board of Commissioners, unsigned.
(6) Certificate of Approval by the Harnett
County Planning Board, unsigned.
(7) Certificate of Registration by the Register
of Deeds of Harnett County, unsigned.
15
3. Planning Board Action
The Planning Board shall review the final plat at its
next regular meeting after the final plat has been
properly submitted. The Planning Board shall have
forty (40) days after its regular meeting in which to
take action on the final plat. Failure on the part of
the Planning Board to act on the plat within forty (40)
days shall be deemed approval by the Planning Board
unless the Planning Board and the subdivider have
mutually agreed on an extension of this period.
The Planning Board shall review the final plat for
compliance with the requirements of this Ordinance and
any other specifications which were agreed upon at the
time of the review of the preliminary plat.
During its review
Board may appoint a
surveyor to check
layout and the final
found, the cost of n
to the subdivider.
of the final plat, the Planning
registered engineer or registered
the accuracy of the subdivision
plat. If substantial errors are
ecessary revisions shall be charged
The Planning Board shall approve or disapprove the
final plat.
a. If the final plat is approved, approval shall be
indicated on the appropriate certificate of the
final plat.
b. If the final plat is disapproved by the Planning
Board, the reasons for such action shall be stated
in writing. The reasons for disapproval shall
refer specifically to those parts of this
Ordinance, other statutes or practices with which
the plat does not comply. One copy of such
reasons, with the original drawing and remaining
prints of the proposed subdivision, shall be
transmitted to the subdivider and the Planning
Board will retain a copy of the disapproved plat
and the reasons for disapproval. Before final
approval is granted, the subdivider shall make the
required changes and submit a revised final plat.
16
Action by Board of County Commissioners
The Board of County Commissioners shall take action on
the final plat at its first regular meeting following
the approval of the final plat by the Planning Board.
The County Board of Commissioners shall approve or
disapprove the final plat.
a. If the final plat is approved, approval shall be
indicated on the appropriate certificate on the
final plat. The subdivider shall file the
approved plat with the Register of Deeds within
ninety (90) days after the approval of the Board
of Commissioners or such approval shall be void.
b. If the final plat is disapproved by the County
Board of Commissioners, the reasons for such
action shall be stated in writing. The reasons
for disapproval shall refer specifically to these
parts of this Ordinance, other statutes or
practices with which the plat does not comply.
One copy of such reasons with the original drawing
and remaining prints of the proposed subdivision
shall be transmitted to the subdivider. Before
final approval is granted, the subdivider shall
make the required changes and submit a revised
final plat.
5. Approval Not to Constitute Acceptance
The approval of a final plat pursuant to regulations
adopted under this Ordinance shall not be deemed to
constitute or effect the acceptance by the County or
the public of the dedication of any street or other
ground, public utility line, or other public facility
shown on the plat.
Recordina of Plat
After the affixing of all required signatures (except
Certificate or Registration by the Register of Deeds),
the final plat shall be returned to the subdivider.
The subdivider shall file the approved final plat with
the Register of Deeds of Harnett County for recording
within ninety (90) days after the date of its approval
by the Board of County Commissioners or such approval
shall be void unless an extensions of time is granted
by the Board of County Commissioners.
17
7. Resubdivision Procedures
For any replatting or resubdivision of land, the same
procedures, rules, and regulations shall apply as
prescribed herein for an original subdivision. Lot
sizes may, however, be varied on an approved plan after
recording, provided the following requirements are met:
a. No lot or tract of land shall be created or sold
that is smaller than the size shown on the
approved plat.
b. Drainage, easements, or rights -of -way shall not be
changed.
C. Street alignment and block sizes shall not be
changed.
d. The property line between back of lots shall not
be changed.
e. The rear portion of lots shall not be subdivided
from the front part.
f. The character of the area shall be maintained.
Section 3.4 Minor Subdivision Plat Approval (As Amended 8 -5 -85,
9- 16 -85, and 9 -6-
89)
The subdivider shall meet all provisions of this Ordinance,
except Article III, Sections 3.1 and 3.2, and Article IV, Section
4.2, which are hereby waived.
1. Review Process of Minor Subdivisions
Minor subdivisions, as defined in Section 2.0 Item 17,
shall be reviewed and approved by the following
process:
a. Consultation with County Planning Staff - Any
person who proposes a minor subdivision should
first consult with the County Planner or
designated staff to ensure that he understands the
requirements for the approval of a record plat.
b. Recording /Approval
(1) After consultation with the Planner or
staff, the subdivider shall file a record
plat with the County Planning Office and
after complying with Sections 3.4, (2) (b)
(2) - (5) herein shall file said plat with
the Register of Deeds prior to obtaining any
permit issued by a county or state agency.
(2) The record plat shall be in the form and
shall include the information required by
Sections 3.3 -1 and 2 of the Harnett County
Subdivision Regulations.
(3) Accessways for minor subdivisions which allow
three or more lots to be created on any
easement shall be required to meet the
following road construction standards:
a. There shall be an access travelway
width of a minimum of fifteen (15) feet.
b. The travelway shall extend the entire
length of the access.
C. The travelway shall be clear of all
obstructions and debris.
d. The travelway shall be compacted and
layered with three (3) inches of
aggregate base course.
(4) It shall have the necessary approval of any
other agencies, as may be provided by state
law and /or local ordinance.
(5) A notation shall be placed on the plat which
states that the easement has been installed
by the owner /developer but the maintenance is
the responsibility of those individuals who
purchase the property.
(6) The Planning Director or his designated agent
may approve the record plat or disapprove it
if the subdivision is not a minor
subdivision or if the record plat does not
contain the required information. The
Planning Director or his designated agent may
also refer the record plat to the Planning
Board if they are unsure the plat meets the
requirements of this Ordinance. (As
Amended 1-
19-88)
C. Final Approval - If the Planning Director or his
designated agent approve the record plat, he
shall enter the following certificate thereon:
I hereby certify that this record plat complies with
the Subdivision Regulations of Harnett County, North
Carolina; and that this plat has been approved for
recording in the Register of Deeds of Harnett County.
Date Planning Director
19
d. Development Limitation - There shall be a
maximum of one minor subdivision per property
owner except when any of the following apply:
(Amended 4/17/89)
(1) All the lots of any additional minor
subdivisions are located on a state -
maintained road or U.S. highway and have the
required road frontage.
(2) Any additional minor subdivision is located
on a different state road, U.S. highway, or
in a different township than the previous
minor subdivision.
(3) The Harnett County Planning Board reviews the
map and determines that the additional minor
subdivision is in keeping with the spirit of
the minor subdivision provisions and that the
additional subdivision allows no more than
six (6) lots to be created on any easement.
20
ARTICLE IV
DESIGN STANDARDS
Section 4.0 General Provisions
Any land area within the jurisdiction of this Ordinance
deemed by the Planning Board to be unsuitable for residential
occupancy shall be prohibited for subdivision development. The
Planning Board in making their determination shall be guided by
an analysis of available data on topography, soils, flood plains,
drainage, and ground and surface water.
Section 4.1 Subdivision Names
In no case shall the name for a proposed subdivision
duplicate or be phonetically similar to existing subdivisions in
Harnett County.
Section 4.2 Streets and Utilities (as amended 9 -6 -89)
1. Private streets shall be
subdivisions except _ pla
ted within all
necessary by the Planning Board. Minimum construction
standards contained in the publication "Subdivision
Roads Requirements and Minimum Construction Standards"
issued by the Department of Transportation, Division of
Highways, October 1, 1975 and any subsequent revisions
shall be observed by all subdividers. Copies of the
publication are available at the Division of Highways
District Office in Fayetteville.
2. Accessways for subdivisions which allow three or more
lots that are greater than ten (10) acres in size to be
created on any easement shall be required to meet the
following road construction standards:
a. There shall be an access travelway width of a
minimum of fifteen (15) feet.
b. The travelway shall extend the entire length of
the access.
C. The travelway shall be clear of all obstructions
and debris.
d. The travelway shall be compacted and layered with
three (3) inches of aggregate base course.
3. A notation shall be placed on the plat which states
that the easement has been installed by the
owner /developer but the maintenance is the
responsibility of those individuals who purchase the
21
property.
4. Cul -de -sacs shall not exceed two thousand (2,000) feet
in length nor serve as access to more than 30 lots. A
minimum of six inch (611) water lines shall be provided
on all cul -de -sacs longer than one thousand (1,000)
feet in length. (As Amended 1 -19 -88 and 4- 18 -88)
Section 4.3 Water and Sewer (As Amended 4- 17 -89)
Installation and provision for water supply and sewage disposal
shall be according to the standards of the Harnett County
Department of Public Utilities Comprehensive Water and Sewer
Plans and the Harnett County Health Department. (As Amended
4- 18 -88)
1. Water Supply System:
a. Connection Requirement: Any subdivision which is
created after the adoption of this section, as
amended, (April 18, 1968) 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
subdivision 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 subdivision 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
subdivisions 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 subdivision
development, and other factors.
22
Where, in the opinion of the Planning Board and
Utility Department, a subdivision cannot be
economically connected to a county owned or
operated water distribution system, the
subdivision must contain adequate area (based on
information concerning the soil survey, water
table, type of sewage disposal, etc.) for 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
subdivision 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 subdivision 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.
b. Distance Specification: A subdivision shall be
required to meet the conditions of this section
when the subdivision 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
subdivision (including lots to be developed in the
future) multiplied by 100; PROVIDED HOWEVER, that
the maximum distance required for connection shall
be 5000 feet.
C. Subject to Capacity Sufficiency: In the event
that a subdivision 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 subdivision,
the subject subdivision shall be relieved of the
requirement to connect to such county system.
23
d. 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 record plat, 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 supplied
and determine whether the plans meet the
requirements of this section.
e. 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.
f. Water Distribution System Specifications: A water
distribution system to be constructed within a
subdivision pursuant to this section and /or
connected to the county owned or operated system
shall:
1. Be properly connected in such a manner as to
adequately serve all lots shown on the
subdivision plat (including both present and
future lots) for domestic use and fire
protection.
2. 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.
3. Be approved by the necessary federal and /or
state agencies prior to or at the time of
completion.
4. 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.
24
5. Be constructed pursuant to the necessary
contractual agreements required by the
policies, rules and regulations of the
Harnett County Department of Public
Utilities.
g. Fire Protection: In major subdivisions 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
subdivision is afforded adequate 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
subdivision, unless an alternate method is
approved.
h. Subdivisions Where Section Not 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 subdivision 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 subdivision does not meet these
provisions, it shall be considered under the
regulations specified herein for property not
having public water available.
i. Construction Period: When a subdivision is to be
developed in phases, the water distribution system
required hereunder may be constructed in steps
simultaneous with the development of each phase of
the subdivision.
25
2. Sewage Disposal System:
a. Connection Requirement: As to any subdivision
which is created after the adoption of this
section, as amended, April 17, 1989, 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
subdivision 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
subdivision and shall furthercause 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
Subsection B. This requirement also applies to
new phases of existing subdivisions 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 subdivision
development, and other factors.
26
Where, in the opinion of the Planning Board and
Utility Department, a subdivision cannot be
economically connected to a County owned or
operated sewage disposal system, the subdivision
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
subdivision 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 subdivision 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.
b. Distance 'Specification; A subdivision shall be
required to meet the conditions of this section
when the subdivision 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 subdivision
(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.
C. Subject to Capacity Sufficiency: In the event
that a subdivision should meet the distance
specification requirements of Subsection B and the
County owned or operated sewage disposal system to
which the subdivision would connect shall be of
insufficient capacity to permit the collection and
treatment of sewage from said subdivision, the
subject subdivision shall be relieved of the
requirement to connect to such county system.
27
d. 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.
e. 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.
f. Sewage Disposal System Specifications: A sewage
disposal system to be constructed within a
subdivision pursuant to this section and /or
connected to the County owned or operated system
shall:
1. Be properly connected in such a manner as to
adequately serve all lots shown on the
subdivision plat (including both present and
future lots).
2. 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.
3. Be approved by the necessary federal and /or
state agencies prior to or at the time of
completion.
4. 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.
M.
5. Be constructed pursuant to the necessary
contractual agreements required by the
policies, rules, and regulations of the
Harnett County Department of Public
Utilities.
g. Construction Phased: When a subdivider 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 subdivision.
h. Subdivisions Where Section Not 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 subdivision 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 subdivision does not meet these
provisions, it shall be considered under the
regulations specified herein for property not
having public water available.
i. Construction Period: When a subdivision is to be
developed in phases, the water distribution system
required hereunder may be constructed in steps
simultaneous with the development of each phase of
the subdivision.
Section 4.4 Lot Requirements
Lots shall be laid out as follows:
1. Lot sizes, shapes, and locations shall be made with due
regard to topographic conditions, contemplated use, and
the surrounding area. Every lot shall front or abut a
public street for a distance of at least eighty (80)
feet except on the bulb of a cul -de -sac where 40 feet
will be acceptable.
2. Lots in subdivisions that have been zoned by the
County Commissioners shall not be less in width,
depth, or area than specified in the Harnett County
Zoning Ordinance for the appropriate zone or zones in
which the subdivision exists.
29
3.
Lots in subdivisions
that have not been zoned by the
County Commissioners
and are not served by public water
and sewer shall be
at least twenty thousand (20,000)
square feet in area.
4.
Lots in subdivisions
that have not been zoned by the
County Commissioners
and are served by a public water
or sewer system shall
be at least fifteen thousand
(15,000) square feet
in area.
5.
Lots in subdivisions
that have not been zoned by the
County Commissioners
and are served by public sewer and
water shall be at least
ten thousand (10,000) square
feet in area.
6.
Double frontage or
reverse frontage lots shall be
avoided except where
necessary to separate residential
development from through traffic or nonresidential
uses.
7. Side lot lines shall be substantially at right angles
or radial to street lines.
8. In no instance shall the length of nitrification lines
(septic tank drain field) for a residential lot be less
than the size determined to be adequate by the Harnett
County Health Department after investigation of soil
conditions, proposed individual disposal system, and
depth to ground water.
Section 4.5 Blocks
Blocks shall be laid out with special attention given to the
type of use contemplated.
1. Block lengths shall not exceed one thousand, four
hundred (1,400) feet or be less than four hundred
(400) feet.
2. Blocks shall have a sufficient width to allow two (2)
tiers of lots of minimum depth. Blocks may consist of
single tier lots where such are required to separate
residential development from through vehicular traffic
or nonresidential uses.
EI9
Section 4.6 Building Setback Lines
All building setback lines and other dimensional
requirements shall be regulated by the county's zoning
regulations and all such requirements shall conform to the zoning
district in which the subdivision is located. In cases where
zoning regulations are not in effect, the following setbacks
shall apply: distance of structure from front property line or
street right -of -way (whichever is greater) thirty -five (35) feet;
distance of structure from side property lines, ten (10) feet,
except on corner lots which shall require fifteen (15) feet;
distance of structure from rear property lines, twenty -five (25)
feet.
Section 4.7 Easements
The County Planning Board may require easements of widths
deemed adequate for the intended purpose on the property side of
front lot lines, on each side of all rear lot lines, on each side
of all side lots or across lots where necessary or advisable for
electric power and communication poles, wires, conduits, storm
and sanitary sewers, street trees and gas, water and other
utility lines. The Planning Board encourages all utilities to be
placed underground where practical or unless it will cause undue
hardship on the developer.
Section 4.8 Drainage Easements
Where a subdivision is traversed by a drainage way or
stream, an adequate easement shall be provided as may be required
by the County Planning Board. The location, width, alignment,
and improvement of such drainage way or easement shall be subject
to the approval of the County Planning Board. Parallel streets
or parkways may be required in connection therewith. Where
necessary, storm water drainage shall be maintained by landscaped
open channels of adequate size and grade to hydraulically
accommodate maximum potential volumes of flow, subject to review
and approval by the County Planning Board.
31
ARTICLE V
IMPROVEMENTS
Section 5.0 General
Subdivisions may be developed by sections. Each section
shall be submitted as a final plat to be recorded in the Office
of the Register of Deeds.
Improvements shall be installed in accordance with the
requirements and standards set forth in this Ordinance and other
specifications and policies of Harnett County. All improvements
shall be inspected and approved by the Administrator of this
Ordinance in conjunction with the County Engineer.
Section 5.1 Guarantees of Improvements
Final plats of a subdivision shall be approved by the
Planning Board after the subdivider has complied with one (1) of
the following requirements:
All required improvements have been installed in
accordance with the requirements of this Ordinance, or
A bond or certified check has been posted, which is
available to the county, and in sufficient amount to
assure installation of the required improvements. The
amount of the bond shall be submitted by the subdivider
and reviewed and determined by the Board of County
Commissioners, or
An irrevocable letter of credit issued by a bank or
bonding company in a form approved by the County
Attorney, or a deposit of funds in escrow, may be
accepted in lieu of bond under the same terms and
conditions applicable to bonds. (As Amended 4- 18 -88)
32
Section 5.2 Required Improvements
1. Permanent Monuments
Permanent monuments of stone or concrete shall be
placed at one (1) or more corners of the subdivision to
be designated as control corners. Permanent monuments
shall also be placed at the point of intersection on
the center lines of intersecting streets and at the
point of intersection of the tangents or curves when
such point lies completely within the right- of-way of
the proposed street. Otherwise, monuments shall be
placed on the center line at the points of curvature
and also at the points of tangency of all curved areas
which are to be dedicated for street purposes. Such
monuments shall be set nine (9) inches below the
finished grade of pavement. A metal casting of
approved type shall be mounted over said monument with
its base flange mounted on a brick foundation with
mortar joints of at least two (2) course thickness, the
top of which must be a minimum of one and three - quarter
(1 -3/4) inches higher than the highest point of the
monument. Permanent monuments shall be either of stone
or concrete. They shall be at least thirty (30) inches
in length, six (6) inches in diameter, and shall have
a metal pin or punch- marked metal plate imbedded
therein marking the point represented on the final
plat. The location of all monuments shall be shown on
the final plat. In some cases where the developer and
the Planning Board agree, metal stakes may be used to
meet the above requirements. Metal stakes shall not be
less than three - fourths (3/4) inches in width and two
and one -half (2 -1/2) feet in length.
2. Lot Corners
All lot corners, other than those marked by permanent
monuments as herein described, shall be marked by metal
stakes not less than three - quarter (3/4) inches in
diameter, nor less than two and one -half (2 -1/2) feet
in length.
3. Sewage Disposal and Water Supply
The subdivider shall submit to the Planning Board along
with the final plat, a Certificate of Approval of Water
Supply and Sewage Disposal System signed by the County
Health Director or his authorized agent. A Certificate
of Approval signed by the County Utilities Director is
required when county owned or operated public water
and /or public sewage is to be utilized. The subdivider
shall install these facilities in accordance with the
approved plans. (As Amended 4- 18 -88)
33
4. Surface Water Drainage
The subdivider shall do all grading and install all
drainage structures shown on the preliminary plat for
the area specified by the final plat.
5. Recreation Sites
Developers may and are encouraged to dedicate open
spaces for use as recreational areas. In lieu of
dedication of land for recreational space, developers
may provide funds to the County whereby the County
shall acquire recreational space to serve the proposed
subdivision. If payments are made, they shall bear a
relationship to the value of the property which the
developer would otherwise have dedicated.
6. Erosion and Sedimentation Control
The subdivider shall cause all grading; excavations,
open cuts, side slopes, and other land surface
disturbances to be so mulched, seeded, sodded, or
otherwise protected that erosion, siltation,
sedimentation, and washing are prevented in accordance
with plans and specifications and within such time
periods approved by the Planning Board.
Where applicable, erosion and sedimentation control
provisions shall be taken in conformity with rules and
regulations adopted by the North Carolina Sedimentation
Control Commission.
7. Guidelines for Handicapped Persons
In order to remove restrictive barriers which severely
impede the daily movements of physically handicapped
and elderly persons, the subdivider shall comply with
all requirements in North Carolina General Statute 136-
44.14.
Section 5.3 Recommended Improvements
In addition to the required improvements listed above, the
Planning Board and County Commissioners may recommend that the
developer install sidewalks, permanent street markers, and street
trees.
34
ARTICLE VI
ADMINISTRATION
Section 6.0 Administration
This Ordinance shall be administered by an Administrator
designated by the Board of County Commissioners.
Section 6.1 Variances
The Planning Board may approve subdivision plats which vary
from the design standards and improvements required by this
Ordinance where topographic or other conditions are such that
compliance with the requirements of this Ordinance would cause an
unusual and unnecessary hardship on the subdivider above and
beyond what other subdividers would be required to meet, provided
that such variations will not have the effect of nullifying the
intent and purpose of these regulations. No variance shall be
granted which conflicts with any other local, state, or federal
statutes, ordinance, or regulation. The subdivider shall submit
a written request and justification for any such variance and the
Planning Board may attach to the granting of such a variance any
conditions necessary to insure that the purpose and intent of
this Ordinance is not compromised.
Section 6.2 Amendment
The Harnett County Commissioners may from time -to -time amend
these regulations pursuant to North Carolina General Statutes
153A -323, 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 recommendations. The Planning
Board shall have forty (40) days within which to submit a report.
If the Planning Board fails to submit a report within the
specified time, it shall be deemed to have approved the
amendment.
Section 6.3 Separabilit
Should any section or provision of this Ordinance be
declared by the courts to be invalid for any reason, such
declaration shall not affect the Ordinance as a whole or any part
thereof other than the part so declared to be invalid.
Section 6.4 Conflict
When the requirements of this Ordinance conflict with the
requirements of other lawfully adopted rules, regulations, or
ordinances of Harnett County, or deed restrictions imposed by the
developer, the more stringent requirements shall govern.
35
Section 6.5 Fe
The Planning Board shall establish the fees to be paid by
the subdivider for review of preliminary and final plats.
Section 6.6 Duty of Resister of Deeds
The Planning Board of Harnett County shall file a copy of
this Ordinance with the Register of Deeds of Harnett County. The
Register of Deeds shall not thereafter file or record a plat of a
subdivision located within the territorial jurisdiction of
Harnett County without the approval of the Planning Board and the
County Commissioners, as required in this Ordinance. The filing
or recording of a plat of a subdivision without the approval of
the Planning Board and the County Commissioners as required by
this Ordinance, shall be null and void. The Clerk of Superior
Court of Harnett County shall not order or direct the recording
of a plat where such recording would be in conflict with this
section.
Section 6.7 Penalty
If a person who is owner or agent of the owner of any land
located within the territorial jurisdiction of Harnett County
subdivides his land in violation of this Ordinance or transfers
or sells land by reference to, exhibition of, or any other use of
a plat showing a subdivision of the land before the plat has been
properly approved under this Ordinance and recorded in the Office
of the Register of Deeds of Harnett County, he shall be guilty of
a misdemeanor. The description by metes and bounds in the
instrument of transfer or other documents used in the process of
selling or transferring land does not exempt the transaction from
this penalty.
Any person violating any provisions of this Ordinance or who
shall violate or fail to comply with any other made thereunder,
shall be punishable by a fine not to exceed fifty dollars
($50.00). Each day such a violation shall be permitted to exist
shall constitute a separate offense
36
DULY ADOPTED THIS 4TH DAY OF APRIL, 1877
BY:
HARNETT COUNTY
COMMISSIONERS
t, Chairman
-- . -- v
ATTEST: Vanessa Y
W
Cie
OF
i
1,
CERTIFICATE
The foregoing Ordinance was duly adopted by the Board of-
Commissioners of the County of Harnett at a meeting on the
4th day of April 1977 and appears in the minutes of said
Commission.
The attached Ordinance also reflects all changes to the
Subdivision Ordinance through September 6, 1989.
WITNESS my hand and official seal this the 20th day of February,
1990.
BCARO
Vanessa Young, C1 k, arnett. County
3 iTi Board of Commissio e s
HARMETT COUNTY, K C. o
FILED DAT 9--i ' 96 Timp o 'D
90 -5 Pao 77— 7/4
REGISTER OF DEEDS
GAYLE P. HOLDER