10/04/99 Zoning Regulations, Administration, & Enforcement Ordinance Townhome & CondoHARNETT COUNTY NC
Book
1401
Pages
0917 -0937
FILED
21 PAGEISI
02/23/2000
9:43 AM
KIMBERLY S.
HARGROVE
Register Of
Deeds
By,
Deputy /Asst,
Townhome And Condominium
Regulations
The Unzoned Section
Of
Harnett County, North Carolina
TABLE OF CONTENTS
ARTICLE L
GENERAL PROVISIONS ........................................................... 3
SECTION2.1 MEANING OF COMMON WORDS ........................................................ ..............................5
...............................
SECTION1.0
TITLE .............................................................................................. ..............................3
SECTION1.1
PURPOSE ........................................................................................ ............................... 3
SECTION 1.2
AUTHORITY .................................................................................... ............................... 3
SECTION 1.3
TERRITORIAL JURISDICTION ............................................................. ............................... 3
SECTION 1.4
ExCLUSIONS ................................................................................... ............................... 3
SECTION1.5
CONFLICT ....................................................................................... ............................... 3
SECTION 1.6
SEPA RABILITS' ................................................................................ ............................... 4
SECTION 1.7
EFFECTIVE DATE ............................................................................ ............................... 4
ARTICLE H DEFINITIONS AND INTERPRETATIONS .............................. ............................... 5
SECTION 2.0 MEANING OF WORDS GENERALLY ................................................... ...............................
5
SECTION2.1 MEANING OF COMMON WORDS ........................................................ ..............................5
SECTION 4.1
SECTION 2.2 MEANING OF SPECIFIC WORDS .-l.ND TERMS ..................................... ...............................
5
ARTICLE III PROCEDURE FOR REVIEW AND APPROVAL OF PLANS FOR TOWNHOME
ANDCONDOMINWM DEVELOPMENTS ........................................................... ............................... 6
SECTION 3.1 PLAT AND PLAN APPROVAL REQUIRED ............................................ ...............................
6
SECTION 3.2 APPROVAL PREREQUISITE TO PLAT RECORDATION ..........................
18
SECTION 3.3 SKETCH PLAN FOR THE INITIAL REVIEW PROCESS ............................ ...............................
7
SECTION 3.4 PRELIMINARY PLAT APPROVAL FOR CONDOMINIUM DEVELOPM ENTS ..............................
7
SECTION 3.4.1 SUBMISSION PROCEDURE ................................................................ ...............................
7
SECTION 3.4.2 PRELIMINARY PLAT REVIEW ............................................................ ...............................
8
SECTION3.5 PRELIMINARY PLAT APPROVAL FOR TOWNHOME DEVELOPMENTS .... .............................
15
SECTION 3.5.1 PRELIMINARY PLAT REVIEW ......................................................... ...............................
15
SECTION 3.5.2'ADDFDONAL REQUIREMENTS FOR TOWNIIOME DEVELOPMENTS ..... ...............................
16
SECTION 3.5.3 FINAL PLAT APPROVAL ................................................................. ...............................
17
ARTICLE IV DESIGN STANDARDS ............................................................. ............................... 17
SECTION 4.0
PURPOSE ...................................................................................... ...............................
17
SECTION 4.1
STREET CONSTRUCTION .................................................................. .............................
17
SECTION 4.2
STREET DESIGN CRITERIA ............................................................. ...............................
18
SECTION 4.3
FIRE HYDRANT LOCATION AND DESIGN CRITERIA ......................... ...............................
18
SECTION 4.4
EASEMENTS .................................................................................. ...............................
18
SECTION 4.5
APPROVAL OF WATER AND SEWER SYSTEMS ................................... .............................
18
SECTION 4.6
CONDOMINIUM AND TOWNHOME DEVELOPMENT NAMES ..............................................
19
SECTION 4.7
STREET NAMES AND STREET SIGNS ............................................... ...............................
19
ARTICLE V ADMINISTRATION
19
SECTION5.0
PURPOSE ......................................................................................
............................... 19
SECTION 5.1
ADMINISTRATION .........................................................................
............................... 19
SECTION 5.2
VARIANCES ..................................................................................
............................... 20
SECTION 5.3
AMENDMENT ................................................................................
............................... 20
SECTION5.4
FEES .............................................................................................
............................... 20
SECTION 5.5
DUTY OF REGISTER OF DEEDS .......................................................
............................... 20
SECTION5.6
PENALTY ......................................................................................
............................... 20
2
Townhome And Condominium Regulations
The Unzoned Section of Harnett County, North Carolina
ARTICLE I. GENERAL PROVISIONS
Section 1.0 Title
This Ordinance shall be known as the Townhome and Condominium Regulations
for the Unzoned Section of Harnett County, North Carolina.
Section 1.1 Purpose
The current Ordinances regulating the subdivision of land within the unzoned
section of Harnett County do not address the creation of townhomes and condominiums.
Consequently, there is no mechanism for evaluating or permitting such types of
residential development. This Ordinance will provide such a mechanism.
Residential development within the unzoned section of Harnett County is
occurring at a rapid rate. This change brings about the need for residential development
other than detached single - family dwellings which are traditionally built.
A purpose of this Ordinance is to establish procedures for approval and
requirements for design standards for the development of townhome and condominium
developments in the unzoned section of Harnett County. Since the density found in these
projects might be greater than in a typical subdivision it is important that proper
consideration be given to the impact existing infrastructure and surrounding
development.
This Ordinance is further designed to protect and enhance environmental quality
while improving the visual and aesthetic appearance of the community.
Section 1.2 Authority
The provisions of this Ordinance are adapted under authority granted by the
General Assembly of the State of North Carolina in General Statutes, Chapter 153 A,
Article 18, Part 2 and the North Carolina Unit Ownership Act (General Statute 47A -1 et
seq).
Section 1.3 Territorial Jurisdiction
On and after the date of adoption, these regulations shall govern each and every
creation of a townhome and/or condominium development within the County's
jurisdiction south of the Cape Fear River.
Section 1.4 Exclusions
This Ordinance is not intended to regulate manufactured home park developments
or apartment complexes.
Section 1.5 Conflict
Should any section or provision 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.
Enforcement of deed restrictions is a private, contractual issue in which the County is not
involved.
Section 1.6 Separability
Should any section or provision of this Ordinance be declared to be invalid by the
Courts 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 1.7 Effective Date
This Ordinance is hereby established and declared to be in full force and effect
from and after its passage.
Approved and Adopted by the Board of Commissioners this ay of
oe_tbbt3Y .1999.
Attest:
A S...- a_
Cie r to Boar Chairman, Harnett County Boar(
Certified By:
County Attorney
ACKNOWLEDGEMENT
NORTH CAROLINA,
HARNETT COUNTY
I >£1 i 7— o4,6,--A P. Covi^ *tea Notary Public of the County and State aforesaid,
certify that Dan B. Andrews personally came before me this day who being by me duly
sworn, deposes and says: that he is the Chairman of the Harnett County Board of
Commissioners and Kay S. Blanchard is the Clerk of said Board, that the seal affixed to
the foregoing instrument is the official seal of Harnett County, that said instrument was
signed and sealed by him, attested by the said Clerk and the County's seal affixed thereto,
all by authority of the Board of Commissioners of said County, and the said Dan B.
Andrews acknowledged said instrument to be the act and deed of Harnett County.
AtLA P.
*pTARt
NORTH CAROLINA
i l l I % I�
HARNETT COUNTY
M The foregoine certificate(s)-of 1,1 i 2Q ei'h 1° �i 6U�it
Notary Public (Notaries Public) is /are certified to be correct. This instrument was
presented registratip d recorded in this off e at Book D 1 Page 17•
This , =— day of r L u of 2000 at 43 O'cloc A. P.M.
Kimberly S. Hargrove
Register of Deeds �/�
Harnett County By: 6� L
Register of Deeds, Assf., epu
ARTICLE H DEFINITIONS AND INTERPRETATIONS
Section 2.0 Meaning of Words Generally
Words and terms used in this document have their commonly accepted dictionary
meaning unless specifically defined or the context in which they are used in this
document clearly indicates otherwise.
Section 2.1 Meaning of Common Words
I. All words used in the present tense include future tense.
2. All words in the plural include the singular, and all words used in the singular
include the plural.
3. All words used in the masculine gender include the feminine gender.
4. The word "shall" is mandatory and the word "may" is permissive.
5. The word "building" includes the words "structure ", and "structure and any part
thereof"
6. The word "lot" includes the words "plot ", "parcel ", "tract" and "site ".
7. The word "person" includes the words "association ", "company ", "corporation ",
"firm" "individual" "organization ", and "partnership"
8. The word "County" shall mean the "County of Hamett ", 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.
9. The words `Board of County Commissioners" or "County Commissioners' shall
mean the "Harnett County Board of Commissioners".
10. The words "Register of Deeds" shall mean the "Recorder of Deeds for Harnett
County, North Carolina.
11. The word "street" includes the words "road ", "highway ", "avenue", "boulevard ",
"place ", "court" and "circle ".
Section 2.2 Meaning of Specific Words and Terms
Common Areas and Facilities: unless otherwise provided in the declaration or lawful
amendments thereto, means and includes:
a. The land on which the building stands and such other land and improvements
thereon as may be specifically included in the declaration, except any portion
therof included in a unit;
b. The foundation, columns, girders, beams, supports, main walls, roofs, halls,
corridors, lobbies, stairs, stairways, fire escapes, and entrances and exits of the
building;
C. The basements, yards, gardens, parking areas and storage spaces;
d. The premises for the lodging of janitors or persons in charge of property;
e. Installation of central services such as power, light, gas, hot and cold water,
heating, refrigeration, air conditioning and incinerating;
f. The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general, all
apparatus and installations existing for common use;
g. Such community and commercial facilities as may be provided for in the
declaration; and
h. All other parts of the property necessary or convenient to its existence,
maintenance and safety, or normally in common use.
Condominium: a building or group of buildings in which the dwelling units are owned
individually with the structure, common areas and facilities being owned by all the
owners on a proportional, undivided basis and meets the requirements of the N.C. Unit
Ownership Act as specified in G.S. 47A -i et seq.
Condominium Unit: an enclosed space consisting of one or more rooms occupying all or
a part of a floor or floors in a building of one or more floors or stories regardless of
whether it be designed for residence, for office, for the operation of any industry or
business, or for any other type of independent use and shall include such accessory
spaces and areas as may be described in the declaration, such as garage space, storage
space, balcony, terrace or patio, provided it has a direct exit to a thoroughfare or to a
given common space leading to a thoroughfare.
Homeowner's Association: all of the unit owners acting as a group in accordance with
the by -laws and declaration.
Townhome: an attached individual single family dwelling on a fee - simple lot meeting the
front and rear yard setbacks and sharing a common side(s) with adjoining units within a
townhome complex.
Unit Designation: the number, letter, or combination thereof designating the unit in the
declaration.
Unit Owner: a person, corporation, partnership, association, trust or other legal entity or
any combination thereof, who owns a unit within the building.
ARTICLE III PROCEDURE FOR REVIEW AND APPROVAL OF PLANS FOR
TOWNHOME ANDCONDOMINIUM DEVELOPMENTS.
Section 3.1 Plat and Plan Approval Required
As required by the N.C. General Statutes and Harnett County Ordinances, a final
plat shall be prepared, approved and recorded pursuant to these requirements when a
townhome or condominium development is created.
Section 3.2 Approval Prerequisite to Plat Recordation
Pursuant to the N.C. General Statutes, no final plat for a townhome or
condominium development within the jurisdiction of Harnett County shall be recorded by
the Harnett County Register of Deeds until it has been approved as provided herein. To
secure such approval, the subdivider /developer shall follow the procedures established in
this article.
M.
Section 3.3 Sketch Plan for the Initial Review Process
Prior to submitting a preliminary plat, the subdivider /developer shall submit two
(2) copies of a sketch plan to the Subdivision Administrator. The sketch plan shall
contain at least the following items and any other items which the Subdivision
Administrator may require in order to adequately review the proposal:
A. A sketch vicinity map showing the location of the project in relation to
neighboring tracts, subdivisions, roads and waterways.
B. The boundaries of the tract and total acreage.
C. The existing and proposed uses of the land and the existing uses of the adjoining
land.
D. The proposed name of the development.
E. The name, address and phone number of the owner, subdivider /developer and site
designer.
F. The tentative street design, building footprints, parking lots and recreation areas.
G. For townhome developments, the number of lots should be shown and for
condominiums the number of units must be shown.
H. Surface drainage for the total tract
I. Location of existing public water and sewer service in relation to the tract.
J. The sketch plan should be drawn to a scale of not less than one (1) inch to two
hundred (200) feet.
The Subdivision Administrator will review the Sketch Plan and advise the
subdivider /developer concerning whether the proposal meets the general requirements of
this Ordinance. Then the Subdivision Administrator will advise the subdivider /developer
concerning the procedures to be followed in preparing and submitting a preliminary plan
for review by the Harnett County Planning Board.
Section 3.4 Preliminary Plat Approval for Condominium Developments
Section 3.4.1 Submission Procedure
For every condominium development constructed under the jurisdiction of
this Ordinance, the subdivider /developer shall submit a preliminary plat which
shall be approved by the Planning Board before any construction or installation of
improvements may begin.
Ten (10) copies of the preliminary plat (as well as any additional copies
which the Planning Board determines are needed to be sent to other agencies)
shall be submitted to the Administrator of this Ordinance. The copies shall be
submitted according to the annual filing schedule published by the Hi nett
County Planning Department. All applicable fees shall be paid prior to
preliminary plat review by the Planning Board.
Section 3.4.2 Preliminary Plat Review
Preliminary plats shall meet the specifications of Article III of this
Ordinance plus the following items:
A. A declaration establishing the condominium development submitted
which satisfies the requirements of the N.C. Unit Ownership Act (G. S.
47A -1 et seq.)
B. Plans which show the residential density not exceeding nine (9) dwelling
units per acre and meeting any applicable Watersupply Watershed
Management and Protection Ordinance requirements.
C. Plans which show fifteen percent (15 %) of the tract set aside for recreation
and five percent (5 %) of the required amount developed for active
recreation.
D. An affidavit signed by the subdivider /developer stating that the recreation
facilities will be installed and maintained in a good state of repair until
ownership is transferred to the Homeowner's Association.
E. A statement as to whether the roads will be private or public. If the roads
are to be private, a private road maintenance agreement must be included.
All roads shall be paved.
F. Plans showing parking spaces of at least 9' x 20' each with adequate
ingress and egress and a ratio of 1 '/2 spaces per individual unit. All
parking lots shall be paved.
G. Entrances to a State maintained road shall be according to the current N.C.
Department of Transportation standards.
H. Plans which show an increase of at least twenty (20) feet to the minimum
required front yard if the parking lots are within the minimum required
front yard for each building.
I. Plans which show the minimum setback requirements for each building as
follows: front yard — 35 feet; rear yard — 25 feet; side yards — 10 feet and
side yards on comer lots 20 feet. Measurements are to be taken from the
appropriate property line.
J. Separation between buildings within the development shall be according
to the current edition of the North Carolina Building Code, Volume I,
General Construction.
K. Maximum building height shall not exceed thirty five (35) feet as
measured form the finished grade.
L. Each lot upon which condominium units are to be located shall abut a
public or an approved private street for a distance of at least eighty (80)
feet except on the bulb of a cul -de -sac where a minimum distance of forty
(40) feet is acceptable and shall have an area of at least twenty thousand
(20,000) square feet if not served by a public water and sewer system.
M. Each lot upon which condominium units are to be located which are
served by either a public water or a public sewer system shall be at least
fifteen thousand (15,000) square feet in area.
W
19
Each lot upon which condominium units are to be located which are
served by a public water and a public sewer system shall be at least ten
thousand (10,000) square feet in area.
Every condominium development shall be required to tap on to a public
water or sewer system when the development is located within that
number of feet of an existing publicly owned water or sewage system
which equals the product of the number of units within the development
(including units to be constructed in the future) multiplied by 100;
provided however, that the maximum distance required for connection
shall be five thousand (5,000) feet. Should a condominium development
meet the distance specification requirements and the publicly owned water
system or sewer system to which it would connect not have sufficient
capacity to accommodate the development, this requirement is waived.
When this occurs, an alternate method of providing water and sewer
service must be approved by the Planning Board and County
Commissioners before preliminary plat approval is granted.
0
INFORMATION TO BE CONTAINED 'IN 'O DEPICTED ON
PRELIMINARY AND FINAL PLATS FOR
TOWNHOME AND CONDOMINIUM DEVELOPMENTS
The preliminary and tlnal plats shall depict or contain the information
the following table. An "X" indicates that the information is required.
INFORMATION PRELIMINARY FINAL
PLAT PLAT'
2-We Black Containing:
Property designation
Name of owner
Location (including township, county and state) -
Date or dates survey was conducted and plat prepared
• scale of drawing in feet per inch listed in words or figures
• bar graph
Name, address, registration number an seal of the
Registered land surveyor
L'
r
The Name of the Subdivider
X
X
A sketch vicinity rasp showing the relationship between the
proposed development and surrounding ama
X
X
Cooperate limits and/or county litres if on the subdivision tract
.\
X
The names, addresses and telephone numbers of all owners, mortgagees.
registered land surveyors, land planners architects, landscape architects,
and professional engineers responsible for the subdivision.
.X'
X
The registration numbers and seals of the professional engineers
. X
X
Date of plat preparation
X
X
North arrow and orientation
X
X
The boundaries of the tract or portion thereof to be subdivided distinctly
and accurately represented with all bearings and distances shown.
X
The exact boundary lines of the tract to be developed, fully dimensioned
by lengths and bearings, and the location of existing boundary lines of
adjoining lands.
X
The names of owners of adjoining properties
X
X
The names of any adjoining subdivisions of record or proposed and unqmview
X
X
Minimum building setback lines
X
X
Existing property lines ten the tract to be developed on ddjommg propeX
X
Existing buildings or other structures. water courses, railroads. bridgesstorm
drains. both on the land to be developed and land immediately a
X
X
Proposed lot lines, lot and block numbers, and approximate dimensions
X
The Iota numbered comecutively throughout the subdivision
X
Wooded areas, marshes. swamps, rack outcrops, ponds or lakes, streams or
X
streambeds and any other natural features affecting the she.
10
INFORMATION PRELIMINARY FINAL
PLAT PLAT
Cant
The exact location of the flood hazard, floodwav and floodway binge areas
from the community's Flood Hazard Boundary Maps or other Federal
Emergency Management Agency maps and any North Carolina water supply
X
X
watershed boundaries.
The following data concerning streets:
Proposed streets
N
X
Existing and planed streets on adjoining properties and in the
proposed subdivision
Rights -of -way, location and dimensions
Pavement widths
Approximate grades
Design engineering data for all comers and curves
Typical street cross sections
Street names (as approved by the Harnett County E -911 Coordinator)
Street maintenance agreement in accordance with Section 3.4.2 of this Ordinance
X
Type of street dedication; all streets must be designated either "public" or "private
Where public streets are involved which will be dedicated to the State, the subdivider
must submit the following documents to the N.C. Department of Transportation District
X
X
Highway Office for review: a complete site layout, including any future expansion
anticipated; horizontal alignment indicating general curve data on site layout plan:
vertical alignment indicated by percent grade, PI station and vertical curve length on
site plan layout; the District Engineer may require the plotting of the ground profile
and grade line for roads where special conditions or problems exist); typical section
indicating the pavement design and width and the slopes, widths and details for either
the curb and gutter or the shoulder and ditch proposed; drainage facilities and drainage
areas.
A statement explaining the status of the streets in accordance with Section 3.4.2
of this Ordinance.
X
If any street is proposed to intersect with a state maintained road the subdivider shall
apply for driveway approval as required by the North Carolina Department of
Transportation, Division of Highways' Manual on Driveway Regulations.
Evidence that the subdivider has obtained such approval.
X
X
The location and dimensions of all:
Utiliry and other easements
X
X
Riding Trails
X
X
Natural Buffers
X
X
Pedestrian or bicycle paths
X
X
Parks and recreation areas with specific type indicated
X
X
School Sites
,X
X
Areas to be dedicated to or reserved for public use
X
X
Areas to be used for Purposes other than residential with the purpose of each stated
X
X
The future ownership (dedication or reservation for public use to governmental body,
for owners to duly constituted homeowners' association, or for tenants remaining_
X
in subdivider's o"ershi of recreation and o ens ace lands.
The plans for utility layouts including:
Sanitary sewers
X
X
Storm sewers
X
X
Other drainage facilities if MV
X
X
Water distribution lines
X
X
Natural pas lines
X
X
Telephone lines
X
X
Electric lines
X
X
II
INFORMATION PRELIMINARY FINAL
PLAT PLAT
Con.
Illustrating connections to existing systems, showing line sizes,
g
y
The location of fire hvdrants. blowoffs. manholes, force mains and
ate valves
Plans for individual water suppiv and sewage disposal systems. if my
X
Profiles based upon Mean Sea level datum for sanitary sewers and storm sewers
Y
Site calculations including:
Acreage in total tract to be subdivided
X
x
Acreage in parks and recreation areas and other nonresidential uses
X
X
Total number of parcels created
\
.l'
Acreage in the smallest lot in the development
,y
.l'
Linear feet in streets
y
x
The name and location of any property or buildings within the proposed subdivision
or within any contiguous propety that is located on the US. Department of Interior's
National Rester of Historic Places.
X
y
Sufficient engineering data to determine readily and reproduce on the ground
every straight or curved line, street, line, lot line. right-of-way line, easement line,
and setback line, including dimensions. bearings, or deflection angles, radii, central
angles, and tangent distance forthe center line of curved property lines that are not the
boundary line of curved streets. All dimensions shall be measured to the nearest one tenth
of a foot and all angles to the nearest minute
,y
The accurate locations and descriptions of all monuments markets end control mints
N
A copy of any proposed deed restrictions or similar covenants. Such restrictions
are mandatory when Private recreation areas arc established.
x
X
A copy of the erosion control plan submitted to the appropriate authority,
if such a plan is required, and evidence that the permit has been received.
X
Topographic map with centaur intervals of no greater than ten (10) feet
X
drawn at an enstincering scale.
Anv other information considered by either the subdivider, Subdivision Administrator
Y
x
or Planning Hoard to be pertinent to the review of the plat.
NOTE: The following two pages contain information about the installation of required
improvements in townhome and condominium developments.
12
INFORMATION REGULATING THE INSTALLATION OF
IMPROVEMENTS IN;TOWNHOME AND CONDOMINIUM
.DEVELOPMENTS.
A. Installation of Improvements
Upon approval of the preliminary plat by the Planning Board, the
subdivider /developer may proceed with the preparation of the final plat, and the
installation of or arrangement for required improvements in accordance with the
approved preliminary plat and the requirements of this Ordinance. Prior to approval of a
final plat, the subdivider shall have installed the improvements provided herein. No final
plat will be accepted for review by the Planning Board unless accompanied by written
notice by the Subdivision Administrator acknowledging compliance with the
improvement and guarantee standards of this Ordinance. The final plat shall constitute
only that portion of the preliminary plat which the subdivider /developer proposes to
record and develop at that time; such portion shall conform to all requirements of this
Ordinance.
B. Guarantees for Improvements
In lieu of requiring the completion, installation and dedication of any and all
improvements (e.g., water, sewer, street lights, etc.) prior to final plat approval, the
Harnett County Board of Commissioners may enter into a written agreement with the
subdivider /developer whereby the subdivider /developer shall agree to complete all
required improvements. Once said agreement is signed by both parties and the security
required herein is provided, the final plat may be approved by the Planning Board and
County Commissioners if all other requirements of this Ordinance are met: To secure
this agreement, the subdivider /developer shall provide, as approved by the Board of
Commissioners, either one or a combination of the following guarantees equal to 1.50
times the entire cost of the improvements secured:
1. Surety Performance Bond(s)
The subdivider /developer shall obtain a performance bond(s) from a
surety bonding company authorized to do business in North Carolina and
approved by the Harnett County Board of Commissioners. The bond shall
be payable to Harnett county and shall be in an amount equal to 1.50 times
the entire cost, as estimated by the subdivider /developer and verified by
the County, of installing all required improvements. The duration of the
bond(s) shall be until such time as the improvements are approved by the
County. Any expenses associated with the cost verification by the County
shall be paid entirely by the subdivider /developer.
2. Cash or Equivalent Security
The subdivider /developer shall deposit cash, an irrevocable letter of credit
or other instrument readily convertible into cash at face value, either with
the County or in escrow with a financial institution designated as an
official depository of the County. The use of any instrument other than
cash shall be subject to the approval of the Harnett County Board of
Commissioners. The amount of deposit shall be equal to 1.50 times the
13
entire cost, as estimated by the subdivider /developer and verified by the
County, of installing all required improvements.
If cash or other instruments are deposited in escrow with a financial institution as
provided above, then the subdivider /developer shall file with the Harnett County Board
of Commissioners an agreement between the financial institution and himself /herself
guaranteeing the following. That said escrow amount will be held in trust until released
by the Harnett County Board of Commissioners and may not be used or pledged by the
subdivider /developer in any other transaction during the term of the escrow.
C. Default
Upon default, meaning failure on the part of the subdivider /developer to complete
the required improvements in the time allowed by this Ordinance or as spelled out in the
performance bond or escrow agreement, then the surety, or financial institution holding
the escrow account, shall, if requested by the County pay all or any portion of the bond or
escrow funds to the County of Harnett up to the amount needed to complete the
improvements based on an estimate by the County. Upon payment, the County in its
discretion, may expend such portion of said funds as it deems necessary to complete all
or any portion of the required improvement. The county shall return to the
subdivider /developer any funds not spent in completing the improvements.
D. Release of Guarantee Securi ty
The County may release a portion of any security posted as the improvements are
completed and recommended for approval by the County. Within thirty (30) days after
receiving the Subdivision Administrator's recommendation, the Harnett County Board of
Commissioners shall approve or disapprove said improvements. When the Harnett
County Board of Commissioners approves said improvements, it shall immediately
release the portion of the security posted which covers the cost of the improvements
approved by the Harnett County Board of Commissioners.
Section 3.4.3 Final Plat Approval
The subdivider /developer shall submit ten (10) copies of a final plat and
one (1) reproducible drawing to the Administrator of this Ordinance according to
the Planning Department's annual filing schedule. No final plat shall be filed
until all requirements for final plat approval have been met, approvals granted by
reviewing agencies, improvements completed and any conditions set by the
Planning Board have been removed..
Following acceptance by the Administrator of the Ordinance, the final plat
will be scheduled for review by the Planning Board at their next regular meeting.
The final plat shall contain all requirements for such plats as outlined in
Article III of this Ordinance.
Following approval of a final plat by the Planning Board, the Board of
County Commissioners will take action on the final plat at its next regular
meeting. The Board of County Commissioners shall approve or disapprove the
final plat.
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If the final plat is approved, approval shall be so indicated on the
appropriate certificate on the final plat. If the approved final plat is not filed with
the Harnett County Register of Deeds within ninety (90) days following approval
by the Board of County Commissioners such approval shall be void.
If final plat approval is denied by the Board of County Commissioners, the
reasons for such denial shall be so stated. Such plats shall be returned to the
developer /subdivider for corrections. When the corrections have been made the
Planning Department will re- schedule the final plat for review by the Board of
County Commissioners. No plat shall be scheduled for reconsideration until all
corrections have been made.
Section 3.5 Preliminary Plat Approval for Townhome Developments
Plans for townhome developments shall follow the requirements of Section 3.3 of
this Ordinance plus the following additional requirements. For every townhome
development constructed under the jurisdiction of this Ordinance, the
subdivider /developer shall submit a preliminary plat which shall be approved by the
Planning Board before any construction or installation of any improvements may begin.
Ten (10) copies of the preliminary plat (as well as any additional copies which the
Planning Board determines are needed to be sent to other agencies) shall be submitted to
the Administrator of this Ordinance. The copies shall be submitted according to the
annual filing schedule published by the Harnett County Planning Department. All
applicable fees shall be paid prior to preliminary plat review by the Planning Board.
Section 3.5.1 Preliminary Plat Review
A master development plan for all property to be included in the
townhome development shall be submitted before any preliminary . plats can be
approved. However, the master plan and the initial phases of the development
may be approved simultaneously.
In a townhome development in which any facilities such as but not limited
to streets, parking areas, recreation facilities and common open space are to be
held and maintained in common ownership a Homeowner's Association shall be
organized. Documents showing the association's organizational structure and by-
laws shall be filed with the initial preliminary plat.
The organizational structure documents and by -laws shall include, but are
not limited to the following:
A. The Homeowner's Association shall be established before any lots
are sold.
B. Membership shall be mandatory for each buyer and any successive
buyer.
C. The subdivider /developer shall be responsible for all maintenance
and other responsibilities of the Homeowner's Association until
sixty percent (60 %) of all units to be sold are sold.
D. After sixty percent (60 %) of all units to be sold are sold, the
Homeowner's Association shall levy assessments and assume its
responsibilities.
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E. Any sums levied by the Homeowner's Association that remain
unpaid shall become a lien on the individual property.
F. The Homeowner's Association shall be able to adjust the
assessment to meet changing needs.
Section 3.5.2 Additional Requirements for Townhome Developments
A. Residential density shall not exceed nine (9) dwelling units per
acre and shall meet any applicable Watersupply Watershed
Management and Protection Ordinance requirements.
B. A minimum of fifteen percent (15 %) of the tract must be set aside
for recreation. Of the total set aside five percent (5 %) must be
developed for active recreation. The recreation area must be
developed, installed and maintained by the developer until
ownership of the recreation area is transferred to the Homeowner's
Association.
C. All roads, whether public or private, shall be paved. Once
ownership of the private roads has been transferred to the
Homeowner's Association the Association shall assume
maintenance of such roads.
D. All parking lots shall be paved. If parking lots are located within
the required front yard, the minimum front yard for each unit shall
be increased by an additional twenty (20) feet.
E. All walls between individual units and separation between
individual buildings within the development shall be according to
the N.C. Building Code, Volume i, General Construction.
F. Buildings located on the periphery of a development shall have a
minimum of ten (10) feet side yard except on comer lots. The
minimum side yard required for corner lots shall be twenty (20)
feet for the yard abutting the side street.
G. The maximum building height shall be thirty five (35) feet.
H. All individual lots upon which a townhome is to be built shall have
the following minimum requirements:
lot width twenty (20) feet;
lot frontage on a public street, private street or parking lot — twenty
(20) feet;
front yard setback — thirty-five (35) feet if the parking lot is located
elsewhere;
front yard setback — fifty five (55) feet if the parking lot is within
the required front yard
rear yard setback — twenty five (25) feet.
I. Every townhome development shall be required to tap on to a
public water or sewer system when the development is located
within that number of feet of an existing publicly owned water or
sewage system which equals the product of the number of units
within the development (including units to be constructed in the
future) multiplied by 100; provided however, that the maximum
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distance required for connection shall be five thousand (5,000)
feet. Should a townhome development meet the distance
specification requirements and the publicly owned water system or
sewer system to which it would connect not have sufficient
capacity to accommodate the development, this requirement is
waived. When this occurs, an alternative method of providing
water and sewer service must be approved by the Planning Board
and County Commissioners before preliminary plat approval is
granted.
Section 3.5.3 Final Plat Approval
The subdivider /developer shall submit ten (10) copies of a final plat and
one (1) reproducible drawing to the Administrator of this Ordinance according to
the Planning Department's annual filing schedule. No final plat shall be filed until
all requirements for final plat approval have been met, approvals granted by
reviewing agencies, improvements completed and any conditions set by the
Planning Board have been removed.
The final plat shall contain all requirements for such plats as outlined in
Article III of this Ordinance.
Following approval of a final plat by the Planning Board, the Board of
County Commissioners will take action on the final plat at its next regular
meeting. The Board of County Commissioners shall approve or disapprove the
final plat.
If the final plat is approved, approval shall be so indicated on the
appropriate certificate on the final plat. If the approved final plat is not filed with
the Harnett County Register of Deeds within ninety (90) days following approval
by the Board of County Commissioners such approval shall be void.
If final plat approval is denied by the Board of County Commissioners, the
reasons for such denial shall be so stated. Such plats shall be returned to the
developer /subdivider for corrections. When the corrections have been made the
Planning Department will re- schedule the final plat for review by the Board of
County Commissioners. No plat shall be scheduled for re- consideration until all
corrections have been made.
ARTICLE IV DESIGN STANDARDS
Section 4.0 Purpose
The purpose of this section is to outline design standards that are to be followed in
the construction of the required infrastructure and other improvements made in
condominium and townhome developments. It is the intent of this section that any
improvements installed be done according to generally accepted standards for the
industry.
Section 4.1 Street Construction
Any streets constructed within a condominium or townhome development which
are to be publicly dedicated shall be built to N.C. Department of Transportation
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standards. Any streets constructed in such projects which are to remain private shall also
be built to N.C. Department of Transportation standards. Any street, whether private or
public, shall be paved.
Section 4.2 Street Design Criteria
Cul -de -sacs should not exceed 1500 feet in length. Any dead end street shall have
adequate space for vehicles, including emergency vehicles to safely turn around.
Cul -de -sacs should not be used to avoid connection with an existing street or to avoid the
extension of an important street unless an exception is granted by the Planning Board.
Section 4.3 Fire Hydrant Location and Design Criteria
Where a minimum of a six (6) inch water line is available or can be installed
according to the extension criteria specified elsewhere in this Ordinance, fire hydrants
shall be installed on the site of all condominium and townhome developments. The
Harnett County Fire Marshal shall review and approve the location and type of all fire
hydrants located within a condominium and townhome development. It is the intent of
this section that no condominium or townhome unit be located further than 500 feet from
a fire hydrant.
If the fire hydrant criteria as outlined above cannot be met, an alternative method
of fire suppression may be used if approval is granted by the Harnett County Fire
Marshal.
Section 4.4 Easements
Permanent easements shall be required for the installation and servicing of certain
utilities and providing drainage across property. The width of the easement shall be the
minimum width as required by the various utility companies. All easements shall be
shown on the final plat. Should an easement follow side property lines or rear property
lines of adjoining lots the easement shall be divided so that equal parts are on each lot.
No permanent structure may be placed in or on an easement. If the subdivider /developer
doesn't own the adjoining property the requirement for dividing the easement is waived.
In the case of drainage easements, the open channel must be of adequate size and
grade to hydraulically accommodate maximum potential volume of flow. This data shall
be provided by the subdivider /developer's engineer or surveyor and must be so indicated
on the final plat.
Section 4.5 Approval of Water and Sewer Systems
All public water and sewer systems used in a condominium or townhome
development shall be approved by the Harnett County Public Utilities Department and
any other State or Federal agencies as is required. Should an on -site wastewater
collection system be used, approval must be given by the Environmental Health Section
of the Harnett County Department of Public Health and any other State or Federal
agencies as is required.
All required approvals must be on the final plat at the time of review by the
Planning Board.
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Section 4.6 Condominium and Townhome Development Names
All condominium and townhome developments shall be named. In no case shall
the name for a proposed development duplicate or be phonetically similar to an existing
condominium development, townhome development or subdivision within the planning
jurisdiction of Harnett County. The use of initials, acronyms, numbers and Roman
numerals in names is prohibited.
Section 4.7 Street Names and Street Signs
The names of any streets within a condominium or townhome development shall
be approved by the E -911 Coordinator. In no case shall a name be approved which is a
duplicate or phonetically similar to any other street name already in use within the
planning jurisdiction of Harnett County. Street signs are required and shall be of a type
and style that has been approved by the Board of County Commissioners. Identification
signs for townhome developments and condominium developments shall conform to the
following regulations:
A. There shall be a limit of one (1) double -faced sign or two (2) single -faced signs
for each primary entrance to the development. Each sign shall not exceed fifty
(50) square feet in size. Street signs are to be purchased through the County at the
time preliminary plat approval is given.
B. Identification signs shall be located on private property and shall be installed so as
to not interfere with the line of sight needed for safe movement onto the
intersecting road when exiting the development.
C. All identification signs installed under the provisions of this Ordinance may be
illuminated internally or externally and shall be constructed to meet the
requirements of the National Electric Code and any other applicable local codes.
If lighted externally, no direct rays of light may be cast on any adjoining property
or interfere with any vehicles approaching on a public right -of -way from any
direction.
D. Signs which contain, include, or are lighted by any flashing, intermittent or
moving lights are prohibited.
E. Plans for identification signs shall be submitted for approval when the preliminary
plat is filed. However, no identification signs may be installed until approval is
granted and all required permits obtained.
ARTICLE V ADMINISTRATION
Section 5.0 Purpose
The purpose of this section is to identify the procedure to be followed in the
administration of this ordinance, granting of variances, approving amendments, setting of
fees, outlining the duties of the Register of Deeds and prescribing penalties for violations.
Section 5.1 Administration
This Ordinance shall be administered by the Subdivision Administrator or his
designee. Adoption of this Ordinance hereby appoints the Subdivision Administrator or
his designee as the administrator.
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Section 5.2 Variances
The Planning Board may approve plats which vary from the design standards and
improvements required by this Ordinance where topographic or other conditions peculiar
to the site are such that compliance with the requirements of this Ordinance would cause
an unusual and unnecessary hardship on the subdivider /developer above and beyond
what other subdividers would be required to meet. However, the granting of such a
variance must not have the effect of nullifying the intent and purpose of these regulations.
No variance shall be granted, where in the opinion of the Planning Board the need or
basis for the variance was caused by actions of the applicant. A variance shall not be
granted which conflicts with any other local, State or Federal statutes, ordinances or
regulations. The subdivider /developer shall submit a written request to the Administrator
of this Ordinance detailing the justification for any such variance. 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 5.3 Amendment
The Harnett County Commissioners may from time to time amend these
regulations pursuant to the North Carolina General Statutes 153A -323. However, 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. The Planning
Board shall have forty (40) days within which to submit a report. If the Planning Board
fails to submit a report to the Board of County Commissioners within the specified time,
it shall be deemed to have recommended approval of the proposed amendment.
Section 5.4 Fees
The Board of County Commissioners shall establish the fees to be paid by the
subdivider /developer for review and approval of plats. No plat may be reviewed until all
required fees have been paid according to the filing schedule posted in the office of the
Planning Department.
Section 5.5 Duty of Register of Deeds
The Clerk to the Board of Commissioners 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 condominium or townhome development within the territorial
jurisdiction of this Ordinance without the approval of the Planning Board and the Board
of Commissioners. The filing or recording of a plat of a condominium or townhome
development without the approval of the Planning Board and the Board of
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 5.6 Penalty
If a person who is owner or agent of the owner of any land located within the
territorial jurisdiction of this Ordinance creates a condominium or townhome
development in violation of this Ordinance before the plat has been properly approved
under this Ordinance and recorded in the Office of Register of Deeds of Harnett County,
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he shall be guilty of a Class 3 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 order thereunder shall be punishable by a fine not to exceed five
hundred dollars ($500.00). Each day such a violation shall be permitted to exist shall
constitute a separate offense.
HARNETT COUNTY, NORTH CA LINA
PILED DATE - -oi6 e o TIME �� fi -A4
BOOK i 6 I P,C .q/
REGISTER OF DEEDS
KIMBERLY S. HARGROVE
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