Moratorium 180 Day On All non Residential Permit Approvals Stewart Creek Township Ordinance 03/16/09AN ORDINANCE ALLOWING A ONE HUNDRED AND
EIGHTY (180) DAY MORATORIUM ON ALL NON - RESIDENTIAL PERMIT
APPROVALS, REQUESTS FOR MINOR SUBDIVISIONS, REQUESTS FOR
PRELIMINARY MAJOR SUBDIVISIONS, AND REQUESTS FOR
MANUFACTURED HOME PARKS FOR PROPERTY LOCATED
WITHIN THE AREA DESIGNATED FOR ZONING PURSUANT
TO A VOLUNTARY PETITION FOR ZONING IN STEWART'S
CREEK TOWNSHIP OF HARNETT COUNTY, NORTH CAROLINA
WHEREAS, on October 29, 2008, a Petition for Zoning was received by the
Hamett County Planning Department for a portion of Stewart's Creek Township in
Harnett County, North Carolina; and
WHEREAS, on February 16, 2009, the Harnett County Board of Commissioners'
requested that Harnett County Planning Department Staff begin the appropriate
procedures to initiate a Petition for Zoning for all properties located within the
boundaries of Stewart's Creek Township of Hamett County, North Carolina, to include
the portion in the initial Petition for Zoning and excluding those properties within
existing zoning regulatory authority. A moratorium on non - residential permit approvals,
requests for minor subdivisions, requests for preliminary major subdivisions, and requests
for manufactured home parks for property located within the area designated for zoning
pursuant to the Voluntary Petition for Zoning in Stewart's Creek Township of Harnett
County, North Carolina (also referred to as "Designated Petition for Zoning Area ") until
the zoning petition had been evaluated and a determination as to the merits of the petition
had been made or for a period of up to one hundred and eighty (180) days, whichever
came first; and
WHEREAS, NCGS 153A -340 provides that "counties may adopt temporary
moratoria on any county development approval as required by law ", and that "the
duration of any moratorium shall be reasonable in light of the specific conditions that
warrant imposition of the moratorium and may not exceed the period of time necessary to
resolve such conditions'; and
WHEREAS, the Harnett County Board of Commissioners finds that in the interest
of the public health, safety, and general welfare, it is necessary to establish a one hundred
and eighty (180) day moratorium on all non - residential permit approvals, requests for
minor subdivisions, requests for preliminary major subdivisions, and requests for
manufactured home parks for property located within the Designated Zoning Area; and
WHEREAS, the Harnett County Board of Commissioners finds that a one
hundred and eighty (180) day moratorium for property located within the Area
Designated for Zoning is reasonable in light of the specific conditions that warrant
imposition of that moratorium in that:
I . The Harnett County Planning Department, Harnett County Planning Board,
and the Harnett County Board of Commissioners need an opportunity to
evaluate the Petition for Zoning; and
2. A moratorium will ensure that development in the proposed Designated
Petition for Zoning Area takes place in an orderly manner that protects and
enhances the appearance of the County; and
3. A moratorium will prevent the submission of development and permit
applications, some of which may attempt to circumvent proposed zoning
regulations prior to the implementation of zoning, if granted, in the
Designated Petition for Zoning Area, which would only perpetuate the
conditions and problems with disorderly development and suitability of
particular uses in particular areas.
WHEREAS, the Harnett County Board of Commissioners finds that, based on an
evaluation by the Harnett County Planning Staff of the County's application processing
and development review systems, that the only reasonable course of action is the
institution of a moratorium on all non - residential permit approvals, requests for minor
subdivisions, requests for preliminary major subdivisions, and requests for manufactured
home parks in the Designated Petition for Zoning Area and that all alternative courses of
action are deemed inadequate; and
WHEREAS, the Harnett County Board of Commissioners has given due public
notice of the hearing relating to the adoption of a moratorium for the Designated Petition
for Zoning Area in Stewart's Creek Township of Harnett County, North Carolina and
have held such a public hearing.
NOW, THEREFORE, BE IT ORDAINED BY HARNETT COUNTY, NORTH
CAROLINA, AS FOLLOWS:
1. Authority. The provisions of this Ordinance are adopted under authority
granted by the General Assembly of North Carolina (General Statutes 153A-
340)
2. Jurisdiction. The moratorium as set forth in this Ordinance shall be
applicable for all properties located within the boundaries of Stewart's Creek
Township of Harnett County, North Carolina, to include the portion in the
initial Petition for Zoning and excluding those properties within existing
zoning regulatory authority, and incorporated as if fully set forth herein.
3. Effective Date of Ordinance. This Ordinance shall be effective immediately
upon adoption of this Ordinance by the Harnett County Board of
Commissioners.
4. Development Affected. This Ordinance shall impact all development permits
in the Designated Petition for Zoning Area, all properties located within the
boundaries of Stewart's Creek Township of Harnett County, North Carolina,
.1
to include the portion in the initial Petition for Zoning and excluding those
properties within existing zoning regulatory authority, and incorporated as if
fully set forth herein.
5. Development Moratorium Adopted No development permits for new uses or
construction shall be granted in the Designated Petition for Zoning Area, all
properties located within the boundaries of Stewart's Creek Township of
Harnett County, North Carolina, to include the portion in the initial Petition
for Zoning and excluding those properties within existing zoning regulatory
authority, and incorporated as if fully set forth herein. This Ordinance shall
not apply to any project for which a valid building permit issued pursuant to
NCGS 153A -357 is outstanding, to any project for which a conditional use
permit application has been accepted, to development set forth in a site -
specific or phased development plan approved pursuant to NCGS 153A-
344.1, to development for which substantial expenditures have already been
made in good faith and reliance on prior valid administrative or quasi-judicial
permit or approval, to preliminary or final subdivision plats that have been
accepted for review by the County prior to the call for public hearing to the
adopt the moratorium, or to residential permit approvals.
6. Termination Date of Ordinance. This Ordinance shall terminate at the
adjournment of the Harnett County Board of Commissioners' Meeting at
which a decision is made on the Petition for Zoning or September 16, 2009,
whichever is sooner.
7. Statement of Necessity of Moratorium and of its Duration This Ordinance,
and its duration, is necessary in order to provide the Harnett County Planning
Department, Harnett County Planning Board, and the Harnett County Board
of Commissioners adequate time to evaluate the zoning petition and make
determinations during the course of their next regularly scheduled meetings.
This Ordinance will ensure that development in the proposed Designated
Petition for Zoning Area takes place in an orderly manner that protects and
enhances the appearance of the County. This Ordinance will prevent the
submission of development and permit approvals, some of which may attempt
to circumvent proposed zoning regulations prior to the implementation of
zoning, if granted, in the Designated Petition for Zoning Area, which would
only perpetuate the conditions and problems with disorderly development and
suitability of particular uses in particular areas.
8. Statement of Action Items. Action items which have been or are proposed to
be taken during the duration of this Ordinance to address the problems or
conditions leading to imposition of this Ordinance are as follows:
a. March 16, 2009: Approval of Moratorium Ordinance
b. April 2009: Public Information Session Held
c. April 28, 2009: Second Public Information Session Held
d. May 22, 2009: Petition for Zoning Staff Report Complete
e. May & June 2009: Notification Published in Compliance with North
Carolina General Statutes
f. June 1, 2009: Public Meeting before Harnett County Planning Board
g. June 15, 2009: Public Hearing before Harnett County Board of
Commissioners
Duly adopted this day of %nQ Y 2009.
HARNETT COUNTY BOARS
a .
:; ; TI OTHY . MCNEILL, CHE
ATTEST:..
KAY BLANCHARD, CLERK TO THE BOARD
COMMISSIONERS