08/17/82 Subdiviision Regulations Text Amendment Sec 3.0a
R E S O L U T I O N
WHEREAS, the County Subdivision Ordinance as currently drawn
would require that all subdivisions of land in the County resulting in
tracts of land of ten acres or less be considered and approved by the
Planning Board prior to transfer; the purpose being to consider
suitability of the land for development purposes and to presumably not
permit the sell of small tracts of land not suitable for development
purposes;
WHEREAS, this is a very cumbersome process to buyers and sellers
of single tracts of land which could take up to several weeks and
because it is so cumbersome appears to have been universally ignored
by transferors of single tracts of land where residential subdivisions
of serveral lots are not contemplated by the seller;
WHEREAS, the extent of non - compliance has recently become known
by the Planning Board because of the initiation of a new procedure
under which application for septic tank permits are routed by the
Planning Department;
WHEREAS, the only enforcement tool included in the ordinance to
enforce compliance is the process of issuance of criminal warrants
against the seller;
WHEREAS, the ordinance has not been enforced as of this date in
that no criminal warrants have been drawn at the instance of either
private citizens or law enforcement officials within the County;
WHEREAS, the ordinance, as now structured, requires that all
subdivisions of land within the meaning of the ordinance being
transferred in the County which result in tracts of land of less than
ten acres, whether the land be commercial, agricultural, timber,
a
'mineral or residential, have 80 feet of frontage on a public road,
built to specifications acceptable to the State of North Carolina and
having a 60' right of way;
WHEREAS, in our County there exist many tracts of land containing
one or two houses which tracts do not front on paved roadways and
which houses have been served by small driveways with rights of way
across the lands of others which were reserved years ago and are not
60' in width, or which are served by roads which were once public
roads years ago but were not taken over by the State when it took
administration of the road system from the counties;
WHEREAS, the County may want to consider allowing the sale of
small tracts served by driveways, existing farm roads, and old public
roads that are not kept up by the State to be made under limited
circumstances and with full road disclosure statements to the buyers
including an explanation as to consequences and responsibilities for
maintenance of said private road as required by N.C.G.S. 136- 102.6(f);
NOW THEREFORE BE IT RESOLVED that the Planning Board recommends
that Section 3.0 of the County Subdivision Ordinance be amended to
read as follows:
SECTION 3.0 GENERAL
A. All subdivision of land except those
described in Subsection B. 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
qualifies as a minor subdivision. The
discussion of minor subdivisions is found in
Article 3, Section 3.4.
a
B. That there shall be excepted from the
procedures contained in the Articles of this
ordinance subdivisions of tracts of land
having frontage on private streets 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 as affidavit that he does not
contemplate that the private street or
neighborhood public road will serve more than
three dwelling units and no commercial or
industrial sites.
BE IT FURTHER RESOLVED that the Planning Board recommends that
the County study in detail the feasibility of incorporating into the
subdivision ordinance provisions for private roads under limited
circumstances in the County and consider the feasibility of making
enforcement of the Subdivision Ordinance more practical by requiring
compliance with that ordinance in order to get certificates of
compliance for septic tanks and /or building permits and deeming
non - compliance with the ordinance to be an encumbrance covered by the
warranty against encumbrances in general warranty deed to the extent
permitted by state law; additionally, the Planning Board recommends
that the County consider amendments which would enable buyers and
sellers of single tracts of land on paved public roads to meet
requirements of the ordinance rapidly so that real estate transactions
of small tracts would not be held up any longer than absolutely
necessary.
This the day of A" 1982.
Casey S. Fowl r, Chairman of
Harnett County Planning Board