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091322 ws agenda packet WORK SESSION AGENDA Date: Tuesday, September 13, 2022 Time: 9:00 a.m. Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington Harnett County Board of Commissioners Page | 1 1. Call to order – Chairman Lewis Weatherspoon 2. Pledge of Allegiance and Invocation – Commissioner Barbara McKoy 3. Discuss additional funding for the Department on Aging received from Mid Carolina; John Rouse, Health Director 4. Discuss COVID 543 ELC Enhancing Detection Activities Funding; John Rouse, Health Director 5. Discuss COVID 361 ELC Reopening Schools School Health Liaison; John Rouse, Health Director 6. Discuss Resolutions requesting NCDOT add Scotts Lane in Meadow Brooks, Bark Way, Bellini Drive, Fetch Court, Bella Vita Way, Donatella Way, Powder Court, Bird Dog Drive, Pointer Drive, English Springer Drive, and Musket Court in Quail Glen 4A, 4B & 5, and Planters Lane and Trolley Lane in Cane Mill Estates to the State’s Secondary Road System; Jay Sikes, Assistant Development Services Director/ Manager of Planning Services 7. Development Services briefing on upcoming public hearings: • Proposed Text Amendment Case # PLAN2207-0003 Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. • Proposed Zoning Change: Case # PLAN2207-0002 Landowner / Applicant: Linda Ennis Kimbrough / Rhetson Companies, Inc.; 6.54 +/- acres; Pin 1529-09-0967.000; From RA-30 to Commercial Zoning District; Intersection of NC Hwy 27 E & SR # 1581 (Baileys Crossroads Rd); Grove Township. • Proposed Zoning Change: Case # PLAN2207-0004 Landowner / Applicant: Johnny Faircloth; 4.59 +/- acres (consisting of three parcels); Pin # 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000; From Commercial to RA-20R Zoning District; NC Hwy 24; Johnsonville Township. 8. Discuss Memorandum of Understanding (MOU) between City of Fayetteville and County of Harnett to Possible Receipt of 5307 ARPA Funding Agreements 5311; Barry Blevins, General Services Director 9. Discuss Application for FY23 NC Department of Transportation / Integrated Mobility Division (NCDOT/IMD) Rural Operating Assistance Program (ROAP) Funds; Barry Blevins, General Services Director HCBOC 091322 ws Pg. 1 Harnett County Board of Commissioners Page | 2 10. Discuss FY22 Homeland Security Grant Program, Grant Award; Larry Smith, Emergency Services Director 11. Discuss Wake County Water District; Steve Ward, Harnett Regional Water Director 12. Discuss request to accept $110,553 in grant funding from North Carolina Arts Council for the Fiscal Year 2023 Grassroots Arts Program Grant; Ashley Bauer, Community Relations Director 13. Discuss the Animal Service Ordinance; Christopher Appel, Senior Staff Attorney 14. Discuss Animal Control Interlocal Agreements; Christopher Appel, Senior Staff Attorney 15. Discuss modified cash deposit schedule for branch libraries; Kimberly Honeycutt, Finance Officer 16. Review applications to serve on Boards and Committees. 17. County Manager’s Report- Brent Trout, County Manager • September 19, 2022 Regular Meeting Agenda Review • Upcoming meetings and invitations 18. Closed Session 19. Adjourn CONDUCT OF THE SEPTEMBER 13, 2022 MEETING Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. HCBOC 091322 ws Pg. 2 Item 3 HCBOC 091322 ws Pg. 3 HCBOC 091322 ws Pg. 4 HCBOC 091322 ws Pg. 5 HCBOC 091322 ws Pg. 6 HCBOC 091322 ws Pg. 7 HCBOC 091322 ws Pg. 8 HCBOC 091322 ws Pg. 9 HCBOC 091322 ws Pg. 10 HCBOC 091322 ws Pg. 11 HCBOC 091322 ws Pg. 12 HCBOC 091322 ws Pg. 13 HCBOC 091322 ws Pg. 14 HCBOC 091322 ws Pg. 15 HCBOC 091322 ws Pg. 16 HCBOC 091322 ws Pg. 17 HCBOC 091322 ws Pg. 18 HCBOC 091322 ws Pg. 19 HCBOC 091322 ws Pg. 20 HCBOC 091322 ws Pg. 21 HCBOC 091322 ws Pg. 22 HCBOC 091322 ws Pg. 23 HCBOC 091322 ws Pg. 24 Item 4 HCBOC 091322 ws Pg. 25 HCBOC 091322 ws Pg. 26 HCBOC 091322 ws Pg. 27 HCBOC 091322 ws Pg. 28 HCBOC 091322 ws Pg. 29 HCBOC 091322 ws Pg. 30 HCBOC 091322 ws Pg. 31 HCBOC 091322 ws Pg. 32 HCBOC 091322 ws Pg. 33 HCBOC 091322 ws Pg. 34 HCBOC 091322 ws Pg. 35 HCBOC 091322 ws Pg. 36 HCBOC 091322 ws Pg. 37 HCBOC 091322 ws Pg. 38 HCBOC 091322 ws Pg. 39 HCBOC 091322 ws Pg. 40 HCBOC 091322 ws Pg. 41 HCBOC 091322 ws Pg. 42 HCBOC 091322 ws Pg. 43 HCBOC 091322 ws Pg. 44 Item 5 HCBOC 091322 ws Pg. 45 HCBOC 091322 ws Pg. 46 HCBOC 091322 ws Pg. 47 HCBOC 091322 ws Pg. 48 HCBOC 091322 ws Pg. 49 HCBOC 091322 ws Pg. 50 HCBOC 091322 ws Pg. 51 HCBOC 091322 ws Pg. 52 HCBOC 091322 ws Pg. 53 HCBOC 091322 ws Pg. 54 HCBOC 091322 ws Pg. 55 HCBOC 091322 ws Pg. 56 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 August 16, 2022 Mrs. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Meadow Brooks •Scotts Lane It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician III Item 6 HCBOC 091322 ws Pg. 57 HCBOC 091322 ws Pg. 58 strong roots • new growth HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Meadow Brooks: Scotts Lane Duly adopted this 19th day of September, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 091322 ws Pg. 59 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 August 24, 2022 Mrs. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Quail Glen 4A, 4B & 5  Bark Way  Bellini Drive  Fetch Court  Bella Vita Way  Donatella Way  Powder Court  Bird Dog Drive  Pointer Drive  English Springer Drive  Musket Court It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician III HCBOC 091322 ws Pg. 60 HCBOC 091322 ws Pg. 61 HCBOC 091322 ws Pg. 62 strong roots • new growth HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Quail Glen 4A, 4B & 5: Bark Way Bellini Drive Fetch Court Bella Vita Way Donatella Way Powder Court Bird Dog Drive Pointer Drive English Springer Drive Musket Court Duly adopted this 19th day of September, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 091322 ws Pg. 63 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 August 29, 2022 Mrs. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Cane Mill Estates  Planters Lane  Trolley Lane It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician III HCBOC 091322 ws Pg. 64 HCBOC 091322 ws Pg. 65 strong roots • new growth HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Cane Mill Estates: Planters Lane Trolley Lane Duly adopted this 19th day of September, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 091322 ws Pg. 66 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\7A.1 421 TA_agenda form.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Text Amendment: Case # PLAN2207-0003 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Applicant: Harnett County Development Services; Harnett County Unified Development Ordinance; Article IV, Section 12.0 “Hwy Corridor Overlay District. An amendment to the Harnett County’s U.D.O is requested in order to establish the “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. Development Services staff recommends approval based on the Land Use compatabilty. Additional Information: At their September 6th meeting, the Harnett County Planning Board voted 3-1 to recommend approval of this of the Text Amendment application with the amendment that only the area of a parcel that is located within the 600’ boundary would be applicable to the regulations. The Planning Board believes this is a great tool to help recruit new business and have them developed in an aesthetically pleasing manner. Several citizens attended the meeting and 5 spoke. Comments and concerns included o Commendable that this area is being considered important and seems to be taking care of the land properly o Businesses are needed and this should help this highway grow and create jobs o Initial lighting regulations are pleasing but recommended that fixtures be International Dark-Sky Association approved. o One citizen was very concerned about the Jetport height regulations and how it would affect his property; staff is working with this individual to help explain this project and ensure him no other regs are applicable for height at this time. o Citizens were concerned about the overlay affecting all of their property even though the boundary partially touched their property. Item 7 HCBOC 091322 ws Pg. 67 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\7A.1 421 TA_agenda form.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 091322 ws Pg. 68 Page 1 of 20 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Applicant Information: Case Number PLAN 2207-0003 Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy City/State/Zip: Lillington NC, 27546 Phone: 910-893-7525, x2 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: IV Section: 12.0 Current Text: See attached Proposed Text: See attached Reason for Requested Change: An amendment to the Harnett County’s U.D.O is requested in order to establish the US 421 “Ed-Med” Highway Corridor Overlay District within Article IV, Section 12.0 Highway Corridor Overlay District. The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM -HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). These regulations apply only to non - residential development. Nothing herein requires a change or alteration to land uses or structures existing on the effective date of this Ordinance. At their September 6th meeting, the Harnett County Planning Board voted 3-1 to recommend approval of this of the Text Amendment application with the amendment that only the area of a parcel that is located within the 600’ boundary would be applicable to the regulations. The Planning Board believes this is a great tool to help recruit new business and have them developed in an aesthetically pleasing manner. Several citizens attended the meeting and 5 spoke. Comments and concerns included o Commendable that this area is being considered important and seems to be taking care of the land properly o Businesses are needed and this should help this highway grow and create jobs o Initial lighting regulations are pleasing but recommended that fixtures be International Dark-Sky Association approved. o One citizen was very concerned about the Jetport height regulations and how it would affect his property; staff is working with this individual to help explain this project and ensure him no other regs are applicable for height at this time. o Citizens were concerned about the overlay affecting all of their property even though the boundary partially touched their property. HCBOC 091322 ws Pg. 69 Page 2 of 20 Suggested Statement-of-Consistency: (Staff concludes that…) Development Services staff recommends APPROVAL of this Text Amendment as it is compatible with Harnett County U.D.O, Grow Harnett County Comprehensive Growth Plan 2015, and NC General Statutes. Therefore, it is recommended that this Text Amendment request be APPROVED. ATTACHMENT 1 Red Text is proposed Article IV. Zoning & Overlay Districts Section 12.0 Highway Corridor Overlay Districts- HCO SECTION 12.0 HIGHWAY CORRIDOR OVERLAY DISTRICTS – HCO 12.1 Purpose & Intent It is the intent of the Highway Corridor Overlay Districts (HCO) to protect natural resources, provide landscape improvements, and enhance the overall appearance of the corridors identified. to provide enhanced & contextual building design, uniform landscaping, specific development standards and vehicular access control measures for development within these corridors only. This district has development standards established to regulate development within a corridor. Development standards for the Highway Corridor Overlay District apply to all parcels within 600 feet of the right-of-way on both sides of the street as shown on the official zoning map. In cases where a portion of a tract of land lies within the Highway Corridor Overlay District, the entire tract shall fall into the same regulation. For parcels that are partially located within the Highway Corridor Overlay District, only the area within the boundary of the HCO District shall meet the standards of this Section. The boundaries of the Highway Corridor Overlay Districts (HCO) District and the Sub-Areas are shown on the County’s Officially Adopted Zoning Map. 12.1.1 Highway 87 Highway Corridor Overlay District The purpose of the Highway 87 Corridor Overlay District is to create an attractive gateway that supports safe traffic patterns along NC 87 in Harnett County. The district is subje ct to enhanced development regulations applicable to all non-residential development in the Harnett County Zoning Jurisdiction. 12.1.2 “Ed-Med” Highway Corridor Overlay District The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). Within the EM-HCO District are the following Sub-Areas: A. Campus Sub-Area The purpose and intent of the Campus Sub-Area is to recognize the unique character and interrelated development in proximity to Campbell University. The standards of this district are to assure orderly, coordinated, contextual development by establishing uniform standards that recognize the university’s unique impact in this area. B. Airport Sub-Area The Airport Sub-Area is established in the vicinity of the Harnett County Regional Jetport. The purpose of this area is to provide protection from encroachment of incompatible development characteristics and place additional height restrictions on buildings, structures, HCBOC 091322 ws Pg. 70 Page 3 of 20 and trees. Basic design standards are created in this area to encourage uniform office, commercial, research and industrial site development. 12.2 Permitted & Special Uses The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. 12.3 General HCO Architectural Standards 12.3.1 Applicability A. All of the following regulations shall apply to all new nonresidential structures and development site plan submittals located within the all Highway Corridor Overlay Zoning Districts. In some cases, there are also specific requirements for the Highway 421 Highway Corridor Overlay District (EM-HCO). B. Expansions 1. Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches 50 percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. 2. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. C. Conversions of structures formerly used for residential purposes and changes of uses shall comply with the regulations included herein. 12.3.2 Building Materials & Colors A. Front facades and exterior walls visible from the public right(s)-of-way shall be composed of at least 50 percent (50%) approved primary materials, listed below. Secondary materials may be used on building walls not visible from a public right(s)-of-way. 1. Primary Building Materials The following materials shall be permitted as primary building materials. a. Brick b. Stone c. Fiber Cement Siding d. Architectural Concrete Said material shall be permitted if the surface is constructed to simulate brick or stone and only as approved by the Administrator. 2. Secondary Building Materials The following materials shall be prohibited as primary building materials but shall be allowed HCBOC 091322 ws Pg. 71 Page 4 of 20 as secondary material along with the approved primary building materials or as primary elements on walls not required to meet these requirements. Secondary materials are not required. When used, no more than 30 percent (30%) of front façades and exterior walls visible from the public right(s)-of-way shall be composed of the materials listed herein. a. Stucco b. Exterior Insulation Finishing System (EIFS) c. Painted or Stained Concrete d. Metal e. Split-Face Block 3. Supplemental Building Materials The following materials shall be allowed as supplemental materials along with primary and secondary materials. Supplementary building materials are not required. When used, no more than 10 percent (10%) of exterior walls shall be composed of the materials listed herein. a. Vinyl Siding b. Cast Concrete c. Smooth-Faced Concrete 4. Accessory Structures Building materials and colors on accessory structures shall be compatible with that approved for the primary structure. For example, canopies permitted as part of a gas station may use a combination of brick columns and a metal canopy that is similar in color to the primary structure. B. For purposes of this Ordinance, the term “visible from the public right(s)-of-way” shall mean visible from any existing public right(s)-of-way or any right(s)-of-way intended for future dedication for public use. Additionally, for purposes of this Section, only those public right(s)-of- way located within the Highway Corridor Overlay Zoning Districts shall be considered for compliance with these regulations. C. Two (2) or more materials shall be combined on one (1) façade; with the heavier material(s) being installed nearer to the ground or below other materials. D. Building Color The number of colors used shall be limited to no more than three (3) discernable colors or ranges of complementary hues. The dominate color shall constitute a minimum of 60 percent (60%) of the façade, excluding windows, doors, and the like. Façade colors shall be of low reflectance earth tone, muted, subtle, and/or neutral colors. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high intensity, metallic, fluorescent, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entryways, architectural features, and public amenities so as to give greater recognition to these features. 12.3.3 Building Design, Façades, & Massing A. Façades shall include changes in wall plane, incorporating at least one (1) change in wall plane, HCBOC 091322 ws Pg. 72 Page 5 of 20 such as recesses and projections, along at least 20 percent (20%) of the length of the façade at a depth of at least three percent (3%) of the entire length of the building. 1. Buildings of 10,000 square feet or less shall include a change in wall plane for every 50 feet of length. 2. Buildings greater than 10,000 square feet shall include a change in wall plane for every 100 feet of length. B. Rooflines shall vary in height, material, treatment, direction, etc. and shall not extend in a continuous plane for more than 50 feet to reduce the scale of structures and to increase visual interest. Roof shape, such as flat, hip, mansard, or gable, and material shall be architecturally compatible with the façade elements of the rest of the building. C. Buildings with flat roofs or with roof pitches of 3:12 or less shall maintain a parapet wall along all walls visible from the public right(s)-of-way. Parapet walls shall have decorative cornices or caps. D. If roof cornices or caps have been removed or damaged on an existing building, renovations of such building shall include retaining, repairing, and replacing the roof cornices or caps, unless justification can be made to the Administrator as to why that is not feasible. 12.3.4 Architectural Standard Design Alternatives Alternative design plans, building materials, landscaping, and/or construction techniques may be used when unreasonable or impractical situations would result from the strict application of architectural standards of this Section. Such situations may result from unique site conditions, innovative design applications, and/or unified development design. The review and approval of Architectural Standard Design Alternatives shall be reviewed and decided by the Planning Board. The following criteria shall be used in determining whether an architectural standard design alternative can be accepted by the Planning Board in lieu of meeting the requirements of this Section. A. The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this Section; B. The proposal represents the use of alternative methods and/or materials (including but not limited to: building materials, massing, materials, and scale; orientation in relation to the public right(s)-of- way; façade treatment; landscaping; lighting; and open space) which will result in a development pattern which is equivalent to or greater than that required by this Ordnance; C. The proposed use and design alternative is compatible with adjacent land uses; D. The proposal is compatible with and will enhance the use or value of adjacent and area properties; E. The proposal is consistent with the intent of adopted County plans; and F. The proposed development standards are, in all other aspects, consistent with the intent and purpose of this Ordinance. All findings specified above for the granting of such a request with the Architectural Standard Design Alternatives shall be provided in writing and signed by the Administrator. One (1) copy shall be provided to the applicant and another shall be retained as a part of the permanent record of the determination of the Planning Board. 12.4 General HCO Parking (Off-Street Parking) and Landscaping Requirements HCBOC 091322 ws Pg. 73 Page 6 of 20 12.4.1 General HCO Landscaping and Parking A. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and two (2) shrubs for every 10 parking spaces required. B. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. C. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. D. Developments containing 30 or more parking spaces, 50 percent (50%) of the trees and shrubs required shall be planted in islands or medians located within the parking lot. E. A consecutive strip of parking spaces shall include landscape islands every 20 spaces apart and at the ends of all parking rows. F. Landscape islands shall be grassed and mowed, covered with organic material (for example, pine mulch), or a combination of the two (2). G. In calculating the number of trees and shrubs, standard rounding procedures shall be followed. (For example, one and a half (1.5) or greater will become two (2)) H. Per Article VII Section 3 – Parking & Off-Street Loading Requirement of this Ordinance, the number of parking spaces shall not exceed one hundred and ten percent (110%) of the minimum number of spaces required for the approved land use, except for residentially classified uses. Pervious pavers, with installation certified by a Geotechnical Engineer, utilized for parking spaces shall not be counted toward the total number of allowable parking spaces. 12.4.2 Highway 421- EM-HCO Parking and Landscaping Requirements A. All parking areas and driveways shall be paved with concrete, asphalt or alternate, hard-surface materials of similar quality. B. Off-Street parking shall be a minimum of twenty (20) feet from the US Highway 421 right-of-way line. C. Parking in the front of the building shall be limited to no more than two (2) rows of parking parallel to the front façade of the principal building. D. Parking areas with thirty (30) spaces or more shall be located to the side or behind buildings and screened per Section 9 – Buffer & Landscaping of this ordinance. In addition, a continuous linear planting strip minimum of 8’ in width shall be provided for every two (2) parking bays. This planting strip shall contain evergreen shrubs planted at two (2) shrubs for every ten (10) feet and one (1) large maturing tree panted at every twenty (20) feet. E. Loading areas shall be located on the side or rear of the principal building. F. Parking areas on adjacent lots shall be connected with vehicular and pedestrian connections wherever practical. 12.5 Additional Development Standards 12.5.1 General HCO Vehicular Access and Driveway Requirements Driveways serving a new development parcel shall be permitted in accordance with the standards of the NCDOT; however, the Harnett County Planning Board and Board of Commissioners may require HCBOC 091322 ws Pg. 74 Page 7 of 20 more strict standards as conditions of approval during the site plan review, if it is determined that the additional conditions may improve traffic movement and safety. Developers of nonresidential uses are required to share parking areas and driveways with adjoining developments. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub-outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. Also, no landscaping or structures shall be allowed near the intersections of driveways and streets that would impede safe vision of traffic. Subdivision of land with multiple smaller parcels having frontage on the roadway along the corridor will not be allowed. NCDOT and the County prohibit this type of development within the corridor. Development will be required to have shared access to the roadway as approved by the NCDOT and the County. 12.5.2 Highway 421- EM-HCO Vehicular Access & Driveways Requirements HCBOC 091322 ws Pg. 75 Page 8 of 20 1. Access a. As part of the site plan or subdivision plan approval process, it shall be demonstrated that the proposed development can provide access to surrounding properties via cross access easement agreement(s), shared entrances, out-parcel connections, and to provide adequate internal circulation to ensure access without the need to re-enter the public road system. b. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub- outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. c. Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty (20) feet, or through two one-way aisles, each with a minimum width of ten feet. d. Where provided, a cross-access easement shall be recorded at the Harnett County Register of Deeds by the owner/developer prior to issuance of a Certificate of Occupancy and be considered a development standard required as part of this ordinance. e. The Administrator may modify this requirement when site conditions relative to topography, avoiding utility infrastructure, or other clearly identifiable safety conditions are present. When cross-access is waived in accordance with this Article/Section, bic ycle and pedestrian connections shall be provided between adjacent developments or uses, unless the provision is deemed unreasonable or impracticable. 2. Private Roads & Driveways: a. One combined entrance and exit shall be permitted for each lot with frontage on US Highway 421 as permitted by the County & NCDOT. b. For lots with five-hundred (500) feet or more of frontage along US Highway 421, two (2) combined entrances and exits shall be permitted in coordination with NCDOT. c. For projects requiring a Traffic Impact Analysis (TIA), the maximum number of driveways shall be determined though the TIA requirements as well as County and NCDOT approvals. d. Private roads shall have a maximum block length of one thousand (1,000) feet. e. Private roads shall be lined with large maturing trees or understory trees of uniform species planted at a minimum of thirty (30) feet on center. 12.5.3 Outdoor Storage Outdoor storage, when permitted, shall be screened from view so that it is not visible from a right(s)- of-way or adjacent property(s). Any accessory outdoor storage area shall comply with the requirements set forth in Subsection “Outdoor Storage Area Screening”, Section “Buffers & Landscaping” of Article VII “Development Design Guidelines.” 12.5.4 General HCO Signs Requirements A. Business & Other Signs 1. General Sign Regulations HCBOC 091322 ws Pg. 76 Page 9 of 20 All business and other signs located within the Highway Corridor Overlay Zoning District shall comply with the regulations of this Section, as well as with all other sign requirements of this Ordinance. 2. Sign Landscaping A minimum of one (1) large and two (2) small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip. B. Outdoor Advertising Signs No outdoor advertising signs shall be allowed within the Highway Corridor Overlay District or on any property(s) that are partially located within the Highway Corridor Overlay District, except in compliance with Section “Nonconforming Signs” of Article II “Nonconformities”. 12.5.5 Highway 421- EM-HCO Sign Requirements A. New off-premises signs or billboards are expressly prohibited within this overlay district. B. In addition to the requirements of Article VII Section 10 – Sign Regulations, all ground signs must meet the following standards: 1. Be placed a minimum of ten (10) feet from a public right-of-way and located along, or facing, US Highway 421 or the road from which direct or principal vehicular access to the premises is obtained. 2. All monument signs shall be provided with a landscaped area at least e qual to the sign surface area of the sign. Such landscaping may include any size or variety of annuals, perennials, ornamental grasses, or shrubs. C. The provisions of Article VII Section 10 – Sign Requirements shall govern all other signage standards within this corridor. D. The following image represent an example of ground signage permitted in this district: 12.5.6 General HCO Trash Containment Areas Outside dumpster/recycle, etc., sites shall be located in the side or rear yard and effectively screened with materials which are compatible with the architectural design and materials of the primary structure (see example image below). HCBOC 091322 ws Pg. 77 Page 10 of 20 12.6 “Ed-Med” Highway Corridor Overlay District (EM-HCO) 12.6.1 Exemptions The following development types are exempt from the standards in this Article/Section: A. Master development plans approved under the Office & Institutional Zoning District. B. Developments proposed for single-family residential subdivisions. C. Buildings which are primarily utilized for agricultural purposes. D. Existing single-family lots and single-family subdivisions. 12.6.2 Expansion & Changes of Use Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches fifty percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. HCBOC 091322 ws Pg. 78 Page 11 of 20 In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. 12.6.3 Modifications The Administrator, in reviewing a development application, may adjust specific EM-HCO requirements for yards adjacent to the corridor or intersecting streets provided the avera ge depth of a required yard or setback for the entire parcel is maintained. In permitting site -specific variations the Administrator shall find that the modification requested: A. Is consistent with the overall purpose and intent of these requirements; B. Is necessitated by the configuration and/or topography of the land, which makes it impractical to comply with the yard and setback requirements of this Article/Section for specific areas of the parcel; C. Does not reduce the required yard or setback by more than fifty percent (50%). 12.6.4 Required Development Standards A. Building Location Standards Building setbacks shall be the same as for the underlying zoning district provided, however, buildings shall be oriented to “front” on US Highway 421 and be placed no farther than one hundred (100) feet from the US Highway 421 right-of-way line. B. Building Height Standards With the exception of the Campus Sub-Area, the height of any building within this corridor shall be limited to thirty-five feet above the centerline elevation of US Highway 421 measured from the front of the nearest the building. 12.6.5 Sidewalks & Pedestrian Paths A. A ten (10) foot wide paved pedestrian path shall be required to be constructed along the entire frontage of US Highway 421 where the development is occurring. B. Five (5) feet paved sidewalks shall be provided along all other street frontages. C. Sidewalks and pedestrian paths shall be constructed to optimize pedestrian movement between parcels and connect with existing pedestrian sidewalks and trails. Sidewalks and pedestrian paths along street frontages must be located a minimum of five (5) feet from parking areas D. Safe and convenient pedestrian crossings shall be provided across access drives and internal travel- ways. E. Crosswalks and pedestrian areas shall be signed and/ or accented and defined. HCBOC 091322 ws Pg. 79 Page 12 of 20 F. The following images represent an example of this standard: 12.6.6 Streetscape Trees A. In addition to the landscaping and screening requirements in Section 9 – Buffer & Landscaping, it is the intent of this Article/Section that the frontage along US Highway 421 have an enhanced and uniform streetscape. B. A staggered double row of loblolly pines not less than four inches in DBH (Diameter at Breast Height) shall be planted along the frontage of US Highway 421 for every forty (40) linear feet of property fronting US Highway 421 and one understory tree such as redbud, crepe myrtle or dogwood for every twenty (20) linear feet of property fronting US Highway 421. The planting of loblolly pines shall not be required within the Airport Sub-Area of this district. 1. Streetscape trees shall be placed in a planting strip on private property and not within the public right-of-way unless permitted by NCDOT. 2. No streetscape tree can be planted farther than twenty (20) feet from the edge of the right-of- way to count towards this requirement. 3. The planting area must be covered with grass, shrubs, or mulched areas so that no soil is exposed. 4. Sidewalks, pedestrian paths and greenway trails may encroach into the planting strip. C. Existing vegetation may be used to satisfy the requirement for streetscape trees if the vegetation meets the requirements of this Article/Section. D. All wetpond and drypond retention systems visible from US Highway 421 or from adjacent residential development areas shall be effectively screened or designed as a landscaped feature. E. During the development review process, the Administrator may permit minor modifications in the placement of trees in order to avoid conflict with utility structures and utility lines. F. The following images represent examples this standard: HCBOC 091322 ws Pg. 80 Page 13 of 20 12.6.7 Building Design A. Building design standards for buildings in this district shall follow Sections 12.3.2 [Building Materials & Color] through 12.3.4 [Architectural Standards Design Alternatives] of this ordinance. B. The Campus Sub-Area & Airport Sub-Area are subject to separate building design standards, but the following shall apply to the entire (EM-HCO): 1. A contextual approach should be considered when designing buildings within this corridor to respond to prevalent architectural features of the surrounding area, especially in areas where patterns are valued and well established by recurring & existing architectural features. 2. Loading docks, overhead doors, and loading and service areas (not to include doors sized primarily for pedestrian access) shall be effectively screened or “out-of-view” from US Highway 421. Such areas shall be considered “out-of-view” if it is within the 45-degree angles projected from the building edge as illustrated below: HCBOC 091322 ws Pg. 81 Page 14 of 20 3. When screening is used, it shall consist of evergreen shrubs, fencing, wall or berm. 4. Barb-wire fencing shall only be permitted in areas not visible from the US Highway 421 right - of-way. 5. Chain link fences may be used when they are black vinyl coated, a maximum of eight (8) feet in height and evergreen shrubbery is provided along the entire area visible from the US Highway 421 right-of-way. 6. The building frontage should be designed to include sidewalk/plaza connections to the main pedestrian plan and sidewalk that includes landscaping, borders and bicycle parking amenities. 7. Foundation planting consisting of evergreen shrubs shall be installed along the entire front foundation wall of the building. Plant installation shall be a minimum of two feet in height planted at three- to four-foot intervals. 8. A building canopy, awning, or similar weather protection shall be provided for entrances facing US Highway 421 and should project a minimum of five (5) feet from the front building façade. 12.6.8 Lighting In addition to the standards of Section 7 – Lighting Standards and Article IX – Airport Height Control of this ordinance, these additional requirements shall apply in this district: A. Light fixtures that are not attached to a building shall be affixed to a pole, which may be of metal, fiberglass or concrete. B. All fixtures must be 90-degree cutoff angle fixtures only. This means a luminaire or light fixture that by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture. C. Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare. D. The maximum height of the light source, detached from a building, is 20 feet. E. Lighting shall be functionally and architecturally integrated with site and building design. F. Light sources shall only be incandescent, LED, fluorescent, metal halide, or induction lighting may be used. G. Pedestrian scale light fixtures (pole or bollard) shall be provided along sidewalks and pedestrian paths no taller than 16 feet and spaced a max of 60 feet (see example below). H. All light fixtures are encouraged to be International Dark-Sky Association (IDA) approved. HCBOC 091322 ws Pg. 82 Page 15 of 20 12.6.9 Utilities, Mechanical Equipment & Stormwater Facilities A. All utilities under the control of the property owner or developer shall be placed underground. Utilities such as water, sewer, natural gas, telephone, cable, etc., shall only be located in the portion of the required streetscape that does not have existing trees that can be protected or will not have newly planted trees. B. Mechanical equipment placed on a roof shall be shielded from public view behind a roof parapet or with architectural enclosure complementary to the building façade. C. Mechanical equipment on the ground such as electric and gas meters, electrical panels, junction boxes, transformers, etc. shall be shielded from public view using landscaping, enclosure, or located away from public view to the extent practical given the topography of the site and other physical limitations and designed to be perceived as an integral part of the building. D. All wet pond and dry pond retention systems shall be located a minimum of 50 feet from the US Highway 421 right-of-way and be effectively screened or designed as a landscaped feature. 12.6.10 Individual Use Standards A. Telecommunication Towers. All telecommunication towers located on private property shall be located a minimum of 100’ from the US Highway 421 right-of-way and shall not be located in the Airport Sub-Area of this district. B. Convenience Stores with Gasoline Stations. 1. No fueling pumps or other vehicular areas shall be located between the primary structure and US Highway 421 right-of-way (see example below). HCBOC 091322 ws Pg. 83 Page 16 of 20 2. Gasoline canopies must be located at least fifty (50) feet from any interior side or rear property line that adjoins residentially developed property. 3. Gasoline canopies must use brick columns that are similar in color to the primary structure. 4. A conforming principal building is required and shall be a minimum of one-thousand (1,000) square feet. 5. No outdoor storage shall be allowed. C. Drive-thru Facilities. 1. No drive-through lanes shall be located between the primary structure and the US Highway 421 right-of-way. 2. Drive-through facilities shall be limited to two (2) lanes. 3. Drive-through lanes or loading spaces shall not be located any closer than fifty (50) feet to a residential zoning district. 4. Stacking Lane Requirements: a. The minimum number of stacking spaces shall be eight (8) spaces or sixteen (16) if double lanes are provided. b. Stacking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet long per lane. c. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces. d. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the County or NCDOT for traffic movement and safety. D. Outdoor Storage All outdoor storage shall be located in the rear yard and be screened from view through buildings or an opaque fence or a combination of an opaque fence and evergreen landscaping from the view US Highway 421 right-of-way as well as any other right-of-way or adjacent property. The images below represent a graphical depiction of a typical site development under these regulations. HCBOC 091322 ws Pg. 84 Page 17 of 20 12.6.11 Campus Sub-Area District Standards In addition to the general standards listed in the sections above, the following additional building standards shall apply to structures within the Campus Sub-Area of this overlay district HCBOC 091322 ws Pg. 85 Page 18 of 20 A. Architecture 1. Buildings shall be designed to substantially resemble the architectural styles of existing buildings on the Campbell University campus. 2. Buildings shall include similar architectural styles that are contextual in nature. 3. Large areas of uninterrupted brickwork shall be broken up through the use of windows, archways or other patterns. 4. Blank walls shall not occupy more than fifty percent (50%) of a street facing frontage of US Highway 421 and shall not exceed an average of twenty (20) linear feet without interruption by a window or entry. 5. Window areas may extend down to within two (2) feet the floor line or across the entire frontage of a building's façade. 6. All buildings shall have a front entrance to US Highway 421 and shall be a distinct and prominent element of the architectural design incorporating lighting, change in mass, surface or finish to provide emphasis. 7. Buildings shall have the appearance of a two-story building (at minimum) with a maximum height of four-stories or eighty- five (85) feet. A story is considered to be a building level of no more than fourteen (14) feet in height from the finished floor to finished ceiling (see examples below for two-story building appearances). 8. Roof types shall be modified gabled or hip style only. B. Building Materials 1. A minimum of seventy-five percent (75%) of the frontage of buildings along US Highway 421 or side streets within the overlay district shall be of materials such as brick, stone or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. 2. Any percentage of materials are permitted in the rear of the buildings. 3. A minimum of fifty percent (50%) of the side of buildings shall be of materials such as brick, stone, or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high -intensity, metallic, HCBOC 091322 ws Pg. 86 Page 19 of 20 fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. 2. The images to the right represent examples these standards. D. Outdoor Spaces 1. Larger retail centers (over 25,000 square feet) shall provide at least one outdoor space, or site amenity, to beautify the site in addition to the minimum landscaping requirements of this ordinance. 2. The outdoor space or site amenity is intended to enhance the vehicular and pedestrian entryways to the site and the buildings on the site. An “outdoor space” or “site amenity” may include, but is not limited to, the following: a. A public plaza or courtyard on the site; b. A landscaped median for the driveway(s) leading into the site and landscaped pedestrian areas; or c. A public square or park on the site, or on adjacent land. 3. The outdoor space or site amenity shall be improved with features which may include, but are not limited to: a. Landscaping b. Seating walls c. Outdoor dining areas d. Benches e. Fountains 12.6.12 Airport Sub-Area District Standards In addition to the general standards listed in the sections above and in Article IX – Airport Height Control of this ordinance, the following standards shall apply to buildings in the Airport Sub-Area of this overlay district. A. Architecture 1. Buildings in this sub-area may be of an industrial design in nature. 2. Blank walls shall not occupy more than sixty percent (60%) of a street facing frontage of US Highway 421 and shall not exceed twenty (20) linear feet without interruption by a window or entry. 3. All buildings shall have a front entrance to US Highway 421. 4. Sections or bays shall be provided every twenty (20) feet to visually subdivide the front façade. Features with different materials such HCBOC 091322 ws Pg. 87 Page 20 of 20 as columns, projections, windows, awnings or an equivalent element that visually subdivides the wall shall be used. 5. Roof types shall be modified gable, hip, Dutch or mansard in style. B. Building Materials 1. A minimum of fifty percent (50%) of the frontage of buildings along US Highway 421 shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 2. A minimum of twenty-five percent (25%) of the side of buildings shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 3. Any percentage of materials are permitted in the rear of the buildings. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high -intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. HCBOC 091322 ws Pg. 88 Harnett County Board of Commissioners Page | 1 AN ORDINANCE AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article VIV: Zoning & Overlay Districts, Section 12.0 Highway Corridor Overlay District of the UDO shall be amended to read as indicated in “Attachment”. “Attachment” is filed with the Unified Development Ordinance in the Clerk to the Board’s Office. Duly adopted this 19th day of September 2022 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 091322 ws Pg. 89 Harnett County Board of Commissioners Page | 2 Article IV. Zoning & Overlay Districts Section 12.0 Highway Corridor Overlay Districts- HCO SECTION 12.0 HIGHWAY CORRIDOR OVERLAY DISTRICTS – HCO 12.1 Purpose & Intent It is the intent of the Highway Corridor Overlay Districts (HCO) to provide enhanced & contextual building design, uniform landscaping, specific development standards and vehicular access control measures for development within these corridors only. Development standards for the Highway Corridor Overlay District apply to all parcels within 600 feet of the right-of-way on both sides of the street as shown on the official zoning map. For parcels that are partially located within the Highway Corridor Overlay District, only the area within the boundary of the HCO District shall meet the standards of this Section. The boundaries of the Highway Corridor Overlay Districts (HCO) District and the Sub-Areas are shown on the County’s Officially Adopted Zoning Map. 12.1.1 Highway 87 Highway Corridor Overlay District The purpose of the Highway 87 Corridor Overlay District is to create an attractive gateway that supports safe traffic patterns along NC 87 in Harnett County. The district is subject to enhanced development regulations applicable to all non-residential development in the Harnett County Zoning Jurisdiction. 12.1.2 “Ed-Med” Highway Corridor Overlay District The purpose of the “Ed-Med” Highway Corridor Overlay District (EM-HCO) is to provide specific development standards that are applicable only to certain areas along US Highway 421 in Harnett County’s Jurisdiction. The EM-HCO District shall apply to all parcels located on either side of US Highway 421 from the Town of Lillington’s planning & development regulation jurisdiction (west) to the Town of Erwin’s planning and development regulation jurisdiction (east). Within the EM-HCO District are the following Sub-Areas: A. Campus Sub-Area The purpose and intent of the Campus Sub-Area is to recognize the unique character and interrelated development in proximity to Campbell University. The standards of this district are to assure orderly, coordinated, contextual development by establishing uniform standards that recognize the university’s unique impact in this area. B. Airport Sub-Area The Airport Sub-Area is established in the vicinity of the Harnett County Regional Jetport. The purpose of this area is to provide protection from encroachment of incompatible development characteristics and place additional height restrictions on buildings, structures, and trees. Basic design standards are created in this area to encourage uniform office, commercial, research and industrial site development. 12.2 Permitted & Special Uses HCBOC 091322 ws Pg. 90 Harnett County Board of Commissioners Page | 3 The permitted uses shall be the same as those in the underlying zoning districts. The Special Uses shall be the same as those in the underlying zoning districts. 12.3 General HCO Architectural Standards 12.3.1 Applicability A. All of the following regulations shall apply to all new nonresidential structures and development site plan submittals located within all Highway Corridor Overlay Zoning Districts. In some cases, there are also specific requirements for the Highway 421 Highway Corridor Overlay District (EM-HCO). B. Expansions 1. Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches 50 percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. 2. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. C. Conversions of structures formerly used for residential purposes and changes of uses shall comply with the regulations included herein. 12.3.2 Building Materials & Colors A. Front facades and exterior walls visible from the public right(s)-of-way shall be composed of at least 50 percent (50%) approved primary materials, listed below. Secondary materials may be used on building walls not visible from a public right(s)-of-way. 1. Primary Building Materials The following materials shall be permitted as primary building materials. a. Brick b. Stone c. Fiber Cement Siding d. Architectural Concrete Said material shall be permitted if the surface is constructed to simulate brick or stone and only as approved by the Administrator. 2. Secondary Building Materials HCBOC 091322 ws Pg. 91 Harnett County Board of Commissioners Page | 4 The following materials shall be prohibited as primary building materials but shall be allowed as secondary material along with the approved primary building materials or as primary elements on walls not required to meet these requirements. Secondary materials are not required. When used, no more than 30 percent (30%) of front façades and exterior walls visible from the public right(s)-of-way shall be composed of the materials listed herein. a. Stucco b. Exterior Insulation Finishing System (EIFS) c. Painted or Stained Concrete d. Metal e. Split-Face Block 3. Supplemental Building Materials The following materials shall be allowed as supplemental materials along with primary and secondary materials. Supplementary building materials are not required. When used, no more than 10 percent (10%) of exterior walls shall be composed of the materials listed herein. a. Vinyl Siding b. Cast Concrete c. Smooth-Faced Concrete 4. Accessory Structures Building materials and colors on accessory structures shall be compatible with that approved for the primary structure. For example, canopies permitted as part of a gas station may use a combination of brick columns and a metal canopy that is similar in color to the primary structure. B. For purposes of this Ordinance, the term “visible from the public right(s)-of-way” shall mean visible from any existing public right(s)-of-way or any right(s)-of-way intended for future dedication for public use. Additionally, for purposes of this Section, only those public right(s)-of-way located within the Highway Corridor Overlay Zoning Districts shall be considered for compliance with these regulations. C. Two (2) or more materials shall be combined on one (1) façade; with the heavier material(s) being installed nearer to the ground or below other materials. D. Building Color The number of colors used shall be limited to no more than three (3) discernable colors or ranges of complementary hues. The dominate color shall constitute a minimum of 60 percent (60%) of the façade, excluding windows, doors, and the like. Façade colors shall be of low reflectance earth tone, muted, subtle, and/or neutral colors. Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. The use of high intensity, metallic, fluorescent, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entryways, architectural features, and public amenities so as to give greater recognition to these HCBOC 091322 ws Pg. 92 Harnett County Board of Commissioners Page | 5 features. 12.3.3 Building Design, Façades, & Massing A. Façades shall include changes in wall plane, incorporating at least one (1) change in wall plane, such as recesses and projections, along at least 20 percent (20%) of the length of the façade at a depth of at least three percent (3%) of the entire length of the building. 1. Buildings of 10,000 square feet or less shall include a change in wall plane for every 50 feet of length. 2. Buildings greater than 10,000 square feet shall include a change in wall plane for every 100 feet of length. B. Rooflines shall vary in height, material, treatment, direction, etc. and shall not extend in a continuous plane for more than 50 feet to reduce the scale of structures and to increase visual interest. Roof shape, such as flat, hip, mansard, or gable, and material shall be architecturally compatible with the façade elements of the rest of the building. C. Buildings with flat roofs or with roof pitches of 3:12 or less shall maintain a parapet wall along all walls visible from the public right(s)-of-way. Parapet walls shall have decorative cornices or caps. D. If roof cornices or caps have been removed or damaged on an existing building, renovations of such building shall include retaining, repairing, and replacing the roof cornices or caps, unless justification can be made to the Administrator as to why that is not feasible. 12.3.4 Architectural Standard Design Alternatives Alternative design plans, building materials, landscaping, and/or construction techniques may be used when unreasonable or impractical situations would result from the strict application of architectural standards of this Section. Such situations may result from unique site conditions, innovative design applications, and/or unified development design. The review and approval of Architectural Standard Design Alternatives shall be reviewed and decided by the Planning Board. The following criteria shall be used in determining whether an architectural standard design alternative can be accepted by the Planning Board in lieu of meeting the requirements of this Section. A. The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this Section; B. The proposal represents the use of alternative methods and/or materials (including but not limited to: building materials, massing, materials, and scale; orientation in relation to the public right(s)-of- way; façade treatment; landscaping; lighting; and open space) which will result in a development pattern which is equivalent to or greater than that required by this Ordnance; C. The proposed use and design alternative is compatible with adjacent land uses; D. The proposal is compatible with and will enhance the use or value of adjacent and area properties; E. The proposal is consistent with the intent of adopted County plans; and HCBOC 091322 ws Pg. 93 Harnett County Board of Commissioners Page | 6 F. The proposed development standards are, in all other aspects, consistent with the intent and purpose of this Ordinance. All findings specified above for the granting of such a request with the Architectural Standard Design Alternatives shall be provided in writing and signed by the Administrator. One (1) copy shall be provided to the applicant and another shall be retained as a part of the permanent record of the determination of the Planning Board. 12.4 General HCO Parking and Landscaping Requirements 12.4.1 General HCO Landscaping and Parking A. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and two (2) shrubs for every 10 parking spaces required. B. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. C. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. D. Developments containing 30 or more parking spaces, 50 percent (50%) of the trees and shrubs required shall be planted in islands or medians located within the parking lot. E. A consecutive strip of parking spaces shall include landscape islands every 20 spaces apart and at the ends of all parking rows. F. Landscape islands shall be grassed and mowed, covered with organic material (for example, pine mulch), or a combination of the two (2). G. In calculating the number of trees and shrubs, standard rounding procedures shall be followed. (For example, one and a half (1.5) or greater will become two (2)) H. Per Article VII Section 3 – Parking & Off-Street Loading Requirement of this Ordinance, the number of parking spaces shall not exceed one hundred and ten percent (110%) of the minimum number of spaces required for the approved land use, except for residentially classified uses. Pervious pavers, with installation certified by a Geotechnical Engineer, utilized for parking spaces shall not be counted toward the total number of allowable parking spaces. 12.4.2 Highway 421- EM-HCO Parking and Landscaping Requirements A. All parking areas and driveways shall be paved with concrete, asphalt or alternate, hard-surface materials of similar quality. B. Off-Street parking shall be a minimum of twenty (20) feet from the US Highway 421 right-of-way line. C. Parking in the front of the building shall be limited to no more than two (2) rows of parking parallel to the front façade of the principal building. D. Parking areas with thirty (30) spaces or more shall be located to the side or behind buildings HCBOC 091322 ws Pg. 94 Harnett County Board of Commissioners Page | 7 and screened per Section 9 – Buffer & Landscaping of this ordinance. In addition, a continuous linear planting strip minimum of 8’ in width shall be provided for every two (2) parking bays. This planting strip shall contain evergreen shrubs planted at two (2) shrubs for every ten (10) feet and one (1) large maturing tree panted at every twenty (20) feet. E. Loading areas shall be located on the side or rear of the principal building. F. Parking areas on adjacent lots shall be connected with vehicular and pedestrian connections wherever practical. 12.5 Additional Development Standards 12.5.1 General HCO Vehicular Access and Driveway Requirements Driveways serving a new development parcel shall be permitted in accordance with the standards of the NCDOT; however, the Harnett County Planning Board and Board of Commissioners may require more strict standards as conditions of approval during the site plan review, if it is determined that the additional conditions may improve traffic movement and safety. Developers of nonresidential uses are required to share parking areas and driveways with adjoining developments. If the adjoining parcel is undeveloped, stub-outs are required for future connections. Stub-outs shall be fully constructed to the adjacent property line and located in locations that will allow for reasonable and feasible extension into adjacent properties. Also, no landscaping or structures shall be allowed near the intersections of driveways and streets that would impede safe vision of traffic. Subdivision of land with multiple smaller parcels having frontage on the roadway along the corridor will not be allowed. NCDOT and the County prohibit this type of development within the corridor. Development will be required to have shared access to the roadway as approved by the NCDOT and the County. 12.5.2 Highway 421- EM-HCO Vehicular Access & Driveways Requirements 1. Access a. Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of twenty (20) feet, or through two one-way aisles, each HCBOC 091322 ws Pg. 95 Harnett County Board of Commissioners Page | 8 with a minimum width of ten feet. b. Where provided, a cross-access easement shall be recorded at the Harnett County Register of Deeds by the owner/developer prior to issuance of a Certificate of Occupancy and be considered a development standard required as part of this ordinance. c. The Administrator may modify this requirement when site conditions relative to topography, avoiding utility infrastructure, or other clearly identifiable safety conditions are present. When cross-access is waived in accordance with this Article/Section, bicycle and pedestrian connections shall be provided between adjacent developments or uses, unless the provision is deemed unreasonable or impracticable. 2. Private Roads & Driveways: a. One combined entrance and exit shall be permitted for each lot with frontage on US Highway 421 as permitted by the County & NCDOT. b. For lots with five-hundred (500) feet or more of frontage along US Highway 421, two (2) combined entrances and exits shall be permitted in coordination with NCDOT. c. For projects requiring a Traffic Impact Analysis (TIA), the maximum number of driveways shall be determined though the TIA requirements as well as County and NCDOT approvals. d. Private roads shall have a maximum block length of one thousand (1,000) feet. e. Private roads shall be lined with large maturing trees or understory trees of uniform species planted at a minimum of thirty (30) feet on center. 12.5.3 Outdoor Storage Outdoor storage, when permitted, shall be screened from view so that it is not visible from a right(s)- of-way or adjacent property(s). Any accessory outdoor storage area shall comply with the requirements set forth in Subsection “Outdoor Storage Area Screening”, Section “Buffers & Landscaping” of Article VII “Development Design Guidelines.” 12.5.4 General HCO Signs Requirements A. Business & Other Signs 1. General Sign Regulations All business and other signs located within the Highway Corridor Overlay Zoning District shall comply with the regulations of this Section, as well as with all other sign requirements of this Ordinance. 2. Sign Landscaping A minimum of one (1) large and two (2) small trees per detached sign on the property shall be planted, if not existing, within the perimeter planting strip. HCBOC 091322 ws Pg. 96 Harnett County Board of Commissioners Page | 9 B. Outdoor Advertising Signs No outdoor advertising signs shall be allowed within the Highway Corridor Overlay District or on any property(s) that are partially located within the Highway Corridor Overlay District, except in compliance with Section “Nonconforming Signs” of Article II “Nonconformities”. 12.5.5 Highway 421- EM-HCO Sign Requirements A. New off-premises signs or billboards are expressly prohibited within this overlay district. B. In addition to the requirements of Article VII Section 10 – Sign Regulations, all ground signs must meet the following standards: 1. Be placed a minimum of ten (10) feet from a public right-of-way and located along, or facing, US Highway 421 or the road from which direct or principal vehicular access to the premises is obtained. 2. All monument signs shall be provided with a landscaped area at least equal to the sign surface area of the sign. Such landscaping may include any size or variety of annuals, perennials, ornamental grasses, or shrubs. C. The provisions of Article VII Section 10 – Sign Requirements shall govern all other signage standards within this corridor. D. The following image represent an example of ground signage permitted in this district: 12.5.6 General HCO Trash Containment Areas Outside dumpster/recycle, etc., sites shall be located in the side or rear yard and effectively screened with materials which are compatible with the architectural design and materials of the primary structure (see example image below). HCBOC 091322 ws Pg. 97 Harnett County Board of Commissioners Page | 10 12.6 “Ed-Med” Highway Corridor Overlay District (EM-HCO) 12.6.1 Exemptions The following development types are exempt from the standards in this Article/Section: A. Master development plans approved under the Office & Institutional Zoning District. B. Developments proposed for single-family residential subdivisions. C. Buildings which are primarily utilized for agricultural purposes. D. Existing single-family lots and single-family subdivisions. 12.6.2 Expansion & Changes of Use Expansions shall comply with these regulations at such time that the expansion totals 50 percent (50%) or more of the existing building size. The total percentage of building expansions shall be combined over a five (5) year period. At such time that the percentage of building expansions reaches fifty percent (50%) or more of the original building size, these regulations shall be met, for that part of the structure included in the expansion. In cases where an expansion is equal to or greater than the total square footage of the existing building, both the expansion and the existing building shall also be brought into compliance with these regulations. The total shall be combined over a five (5) year period. 12.6.3 Modifications The Administrator, in reviewing a development application, may adjust specific EM-HCO requirements for yards adjacent to the corridor or intersecting streets provided the average depth of a required yard or setback for the entire parcel is maintained. In permitting site-specific variations the Administrator shall find that the modification requested: A. Is consistent with the overall purpose and intent of these requirements; B. Is necessitated by the configuration and/or topography of the land, which makes it impractical to HCBOC 091322 ws Pg. 98 Harnett County Board of Commissioners Page | 11 comply with the yard and setback requirements of this Article/Section for specific areas of the parcel; C. Does not reduce the required yard or setback by more than fifty percent (50%). 12.6.4 Required Development Standards A. Building Location Standards Building setbacks shall be the same as for the underlying zoning district provided, however, buildings shall be oriented to “front” on US Highway 421 and be placed no farther than one hundred (100) feet from the US Highway 421 right-of-way line. B. Building Height Standards With the exception of the Campus Sub-Area, the height of any building within this corridor shall be limited to thirty-five feet above the centerline elevation of US Highway 421 measured from the front of the nearest the building. 12.6.5 Sidewalks & Pedestrian Paths A. A ten (10) foot wide paved pedestrian path shall be required to be constructed along the entire frontage of US Highway 421 where the development is occurring. B. Five (5) feet paved sidewalks shall be provided along all other street frontages. C. Sidewalks and pedestrian paths shall be constructed to optimize pedestrian movement between parcels and connect with existing pedestrian sidewalks and trails. Sidewalks and pedestrian paths along street frontages must be located a minimum of five (5) feet from parking areas D. Safe and convenient pedestrian crossings shall be provided across access drives and internal travel- ways. E. Crosswalks and pedestrian areas shall be signed and/ or accented and defined. F. The following images represent an example of this standard: HCBOC 091322 ws Pg. 99 Harnett County Board of Commissioners Page | 12 12.6.6 Streetscape Trees A. In addition to the landscaping and screening requirements in Section 9 – Buffer & Landscaping, it is the intent of this Article/Section that the frontage along US Highway 421 have an enhanced and uniform streetscape. B. A staggered double row of loblolly pines not less than four inches in DBH (Diameter at Breast Height) shall be planted along the frontage of US Highway 421 for every forty (40) linear feet of property fronting US Highway 421 and one understory tree such as redbud, crepe myrtle or dogwood for every twenty (20) linear feet of property fronting US Highway 421. The planting of loblolly pines shall not be required within the Airport Sub-Area of this district. 1. Streetscape trees shall be placed in a planting strip on private property and not within the public right-of-way unless permitted by NCDOT. 2. No streetscape tree can be planted farther than twenty (20) feet from the edge of the right-of- way to count towards this requirement. 3. The planting area must be covered with grass, shrubs, or mulched areas so that no soil is exposed. 4. Sidewalks, pedestrian paths and greenway trails may encroach into the planting strip. C. Existing vegetation may be used to satisfy the requirement for streetscape trees if the vegetation meets the requirements of this Article/Section. D. All wetpond and drypond retention systems visible from US Highway 421 or from adjacent residential development areas shall be effectively screened or designed as a landscaped feature. E. During the development review process, the Administrator may permit minor modifications in the placement of trees in order to avoid conflict with utility structures and utility lines. F. The following images represent examples this standard: HCBOC 091322 ws Pg. 100 Harnett County Board of Commissioners Page | 13 12.6.7 Building Design A. Building design standards for buildings in this district shall follow Sections 12.3.2 [Building Materials & Color] through 12.3.4 [Architectural Standards Design Alternatives] of this ordinance. B. The Campus Sub-Area & Airport Sub-Area are subject to separate building design standards, but the following shall apply to the entire (EM-HCO): 1. A contextual approach should be considered when designing buildings within this corridor to respond to prevalent architectural features of the surrounding area, especially in areas where patterns are valued and well established by recurring & existing architectural features. 2. Loading docks, overhead doors, and loading and service areas (not to include doors sized primarily for pedestrian access) shall be effectively screened or “out-of-view” from US Highway 421. Such areas shall be considered “out-of-view” if it is within the 45-degree angles projected from the building edge as illustrated below: HCBOC 091322 ws Pg. 101 Harnett County Board of Commissioners Page | 14 3. When screening is used, it shall consist of evergreen shrubs, fencing, wall or berm. 4. Barb-wire fencing shall only be permitted in areas not visible from the US Highway 421 right- of-way. 5. Chain link fences may be used when they are black vinyl coated, a maximum of eight (8) feet in height and evergreen shrubbery is provided along the entire area visible from the US Highway 421 right-of-way. 6. The building frontage should be designed to include sidewalk/plaza connections to the main pedestrian plan and sidewalk that includes landscaping, borders and bicycle parking amenities. 7. Foundation planting consisting of evergreen shrubs shall be installed along the entire front foundation wall of the building. Plant installation shall be a minimum of two feet in height planted at three- to four-foot intervals. 8. A building canopy, awning, or similar weather protection shall be provided for entrances facing US Highway 421 and should project a minimum of five (5) feet from the front building façade. 12.6.8 Lighting In addition to the standards of Section 7 – Lighting Standards and Article IX – Airport Height Control of this ordinance, these additional requirements shall apply in this district: HCBOC 091322 ws Pg. 102 Harnett County Board of Commissioners Page | 15 A. Light fixtures that are not attached to a building shall be affixed to a pole, which may be of metal, fiberglass or concrete. B. All fixtures must be 90-degree cutoff angle fixtures only. This means a luminaire or light fixture that by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture. C. Fixtures should be placed to provide uniform distribution of light and to avoid intense lighting that produces excessive glare. D. The maximum height of the light source, detached from a building, is 20 feet. E. Lighting shall be functionally and architecturally integrated with site and building design. F. Light sources shall only be incandescent, LED, fluorescent, metal halide, or induction lighting may be used. G. Pedestrian scale light fixtures (pole or bollard) shall be provided along sidewalks and pedestrian paths no taller than 16 feet and spaced a max of 60 feet (see example below). H. All light fixtures are encouraged to be International Dark-Sky Association (IDA) approved. 12.6.9 Utilities, Mechanical Equipment & Stormwater Facilities A. All utilities under the control of the property owner or developer shall be placed underground. Utilities such as water, sewer, natural gas, telephone, cable, etc., shall only be located in the portion of the required streetscape that does not have existing trees that can be protected or will not have newly planted trees. B. Mechanical equipment placed on a roof shall be shielded from public view behind a roof parapet or with architectural enclosure complementary to the building façade. C. Mechanical equipment on the ground such as electric and gas meters, electrical panels, junction boxes, transformers, etc. shall be shielded from public view using landscaping, enclosure, or HCBOC 091322 ws Pg. 103 Harnett County Board of Commissioners Page | 16 located away from public view to the extent practical given the topography of the site and other physical limitations and designed to be perceived as an integral part of the building. D. All wet pond and dry pond retention systems shall be located a minimum of 50 feet from the US Highway 421 right-of-way and be effectively screened or designed as a landscaped feature. 12.6.10 Individual Use Standards A. Telecommunication Towers. All telecommunication towers located on private property shall be located a minimum of 100’ from the US Highway 421 right-of-way and shall not be located in the Airport Sub-Area of this district. B. Convenience Stores with Gasoline Stations. 1. No fueling pumps or other vehicular areas shall be located between the primary structure and US Highway 421 right-of-way (see example below). 2. Gasoline canopies must be located at least fifty (50) feet from any interior side or rear property line that adjoins residentially developed property. 3. Gasoline canopies must use brick columns that are similar in color to the primary structure. 4. A conforming principal building is required and shall be a minimum of one-thousand (1,000) square feet. 5. No outdoor storage shall be allowed. C. Drive-thru Facilities. 1. No drive-through lanes shall be located between the primary structure and the US Highway 421 right-of-way. 2. Drive-through facilities shall be limited to two (2) lanes. 3. Drive-through lanes or loading spaces shall not be located any closer than fifty (50) feet to a residential zoning district. 4. Stacking Lane Requirements: HCBOC 091322 ws Pg. 104 Harnett County Board of Commissioners Page | 17 a. The minimum number of stacking spaces shall be eight (8) spaces or sixteen (16) if double lanes are provided. b. Stacking spaces shall be a minimum of eight (8) feet wide by twenty (20) feet long per lane. c. Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces. d. Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the County or NCDOT for traffic movement and safety. D. Outdoor Storage All outdoor storage shall be located in the rear yard and be screened from view through buildings or an opaque fence or a combination of an opaque fence and evergreen landscaping from the view US Highway 421 right-of-way as well as any other right-of-way or adjacent property. The images below represent a graphical depiction of a typical site development under these regulations. HCBOC 091322 ws Pg. 105 Harnett County Board of Commissioners Page | 18 12.6.11 Campus Sub-Area District Standards In addition to the general standards listed in the sections above, the following additional building standards shall apply to structures within the Campus Sub-Area of this overlay district HCBOC 091322 ws Pg. 106 Harnett County Board of Commissioners Page | 19 1. ArchitectureBuildings shall be designed to substantially resemble the architectural styles of existing buildings on the Campbell University campus. 2. Buildings shall include similar architectural styles that are contextual in nature. 3. Large areas of uninterrupted brickwork shall be broken up through the use of windows, archways or other patterns. 4. Blank walls shall not occupy more than fifty percent (50%) of a street facing frontage of US Highway 421 and shall not exceed an average of twenty (20) linear feet without interruption by a window or entry. 5. Window areas may extend down to within two (2) feet the floor line or across the entire frontage of a building's façade. 6. All buildings shall have a front entrance to US Highway 421 and shall be a distinct and prominent element of the architectural design incorporating lighting, change in mass, surface or finish to provide emphasis. 7. Buildings shall have the appearance of a two- story building (at minimum) with a maximum height of four-stories or eighty-five (85) feet. A story is considered to be a building level of no more than fourteen (14) feet in height from the finished floor to finished ceiling (see examples below for two-story building appearances). 8. Roof types shall be modified gabled or hip style only. B. Building Materials 1. A minimum of seventy-five percent (75%) of the frontage of buildings along US Highway 421 or side streets within the overlay district shall be of materials such as brick, stone or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. 2. Any percentage of materials are permitted in the rear of the buildings. 3. A minimum of fifty percent (50%) of the side of buildings shall be of materials such as brick, stone, or architectural concreate. The remainder may be of cement fiber board, exposed heavy timber or stucco. C. Building Colors HCBOC 091322 ws Pg. 107 Harnett County Board of Commissioners Page | 20 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. 2. The images to the right represent examples these standards. D. Outdoor Spaces 1. Larger retail centers (over 25,000 square feet) shall provide at least one outdoor space, or site amenity, to beautify the site in addition to the minimum landscaping requirements of this ordinance. 2. The outdoor space or site amenity is intended to enhance the vehicular and pedestrian entryways to the site and the buildings on the site. An “outdoor space” or “site amenity” may include, but is not limited to, the following: a. A public plaza or courtyard on the site; b. A landscaped median for the driveway(s) leading into the site and landscaped pedestrian areas; or c. A public square or park on the site, or on adjacent land. 3. The outdoor space or site amenity shall be improved with features which may include, but are not limited to: a. Landscaping b. Seating walls c. Outdoor dining areas d. Benches e. Fountains 12.6.12 Airport Sub-Area District Standards In addition to the general standards listed in the sections above and in Article IX – Airport Height Control of this ordinance, the following standards shall apply to buildings in the Airport Sub-Area of this overlay district. A. Architecture HCBOC 091322 ws Pg. 108 Harnett County Board of Commissioners Page | 21 1. Buildings in this sub-area may be of an industrial design in nature. 2. Blank walls shall not occupy more than sixty percent (60%) of a street facing frontage of US Highway 421 and shall not exceed twenty (20) linear feet without interruption by a window or entry. 3. All buildings shall have a front entrance to US Highway 421. 4. Sections or bays shall be provided every twenty (20) feet to visually subdivide the front façade. Features with different materials such as columns, projections, windows, awnings or an equivalent element that visually subdivides the wall shall be used. 5. Roof types shall be modified gable, hip, Dutch or mansard in style. B. Building Materials 1. A minimum of fifty percent (50%) of the frontage of buildings along US Highway 421 shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 2. A minimum of twenty-five percent (25%) of the side of buildings shall be of materials such as brick, stone or architectural concreate. The remainder may be architectural metal siding. 3. Any percentage of materials are permitted in the rear of the buildings. C. Building Colors 1. Facade colors shall be of low reflectance earth tone, muted, subtle, or neutral colors. Building trim may feature brighter colors as an accent material. The use of high-intensity, metallic, fluorescent, day glow, or neon colors shall be prohibited. Variations in color schemes are encouraged in order to articulate entry ways and public amenities so as to give greater recognition to these features. HCBOC 091322 ws Pg. 109 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\7B.1 Rhetson_agenda form.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2207-0002 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Landowner / Applicant: Linda Ennis Kimbrough / Rhetson Companies, Inc.; 6.54 +/- acres; Pin 1529-09-0967.000; From RA-30 to Commercial Zoning District; Intersection of NC Hwy 27 E & SR # 1581 (Baileys Crossroads Rd); Grove Township. Development Services staff recommends approval based on existing nonresidential uses in the area as well as the improvements that could be provided in the future. Additional Information: At their September 6th meeting, the Harnett County Planning Board voted unanimously (4-0) to recommend denial of this rezoning due to neighborhood compatibility and vehicle safety concerns. The Planning Board also thoroughly evaluated the Small Scale Rezoning criteria and found this to be unreasonable. Many area residents attended the meeting and several spoke in opposition. Concerns included: o Vehicle safety and visibility; NCDOT improvements may help some issues, but this business could recreate those issues or increase them. o Not a needed businesses for the area; existing businesses in the area are small, resident owned, and neighborhood oriented o excess lighting in a rural community o increased crime o public safety and communication issues due to multiple jurisdictions. HCBOC 091322 ws Pg. 110 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\7B.1 Rhetson_agenda form.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 091322 ws Pg. 111 HCBOC 091322 ws Pg. 112 HCBOC 091322 ws Pg. 113 HCBOC 091322 ws Pg. 114 RETAINRETAINRETAINRETAINREMOVERETAINSEE DETAIL ASPECIAL LATERAL V DITCHSEE DETAIL ASPECIAL LATERAL V DITCHSlopeFillNOTE: SEE SHT 5 FOR PROFILENOTE: SEE SHTS X-1 TO X-4 FOR X-SECTIONSAND SR 1581 BAILEY'S CROSSROADS AND SR 1703. (NOT SHOWN).NOTE: ALL-WAY STOPS AT NC-27 & SR 1703 RED HILL CHURCH29-DEC-2021 09:56S:\DDC\DDC\Projects\W-5806D NC 27 at Fairground Rd_Harnett\Roadway\proj\W -5806D_Rdy_psh4.dgn$$$$USERNAM E$$$$HYDRAULICSROADWAY DESIGNENGINEERENGINEER R/W SHEET NO.5/14/99 SHEET NO.PROJECT REFERENCE NO.04 W-5806D DOCUMENT NOT CONSIDERED FINALUNLESS ALL SIGNATURES COMPLETED+20.00 -Y1-50.00'EXIST.+72.00 -Y1-EXIST.46.00'EXIST.+20.00 -Y1-46.00'EXIST.+00.00 -Y1-645T H H C T INV=264.04'INV=265.41'INV=264.53'INV=258.68'INV=259.91'24" R CP 18" R C P 18" RCP15" RCP15" RCPS 84°3 4'40" E 150.17' T C T T S 84°3 7'15" E 208.3 7'N 03°43'11" ES 89°39'39" W209.26'N 03°57'42" E107.15'S 00°47'28" W197.32'N 00°47'54" E192.02'S 8 8°24'15" E 4 1.5 5' S 8 8°2 4'15" E 115.3 4' S 88°30'05" E 149.73'S 08°50'45" W222.11'N 60°24'56" E107.73' N 40°42'24" E 254.20'N 53°56'35" W171.92' S 40°22'25" W 253.97' N 40°07'35" E 100.58'N 23°39'12" W340.95'S 87°59'56" W 242.71'S 07°13'37" E88.86'S 46°32'35" E19.31'N 76°31'34" E 48.11'S 13°28'26" E45.94'S 84°59'46" W 175.16' 0.50 TO EIP 0.81 T O E IP1.3 4' T O EIP 1.0 3' T O EIP N 8 7°52'15" W15 7.42' 0.3 0' to R/W1SFD1SFD1SFD1SFDSHEDCONCPOOL13' SOIL 15" RCP13' SOIL11' SOIL 13' SOIL 16' CONCEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/WEXISTING R/W1.29' TO EIPN 40°15'24" E 356.17'N 00°32'54" E119.48'15" CMP15" RCP15" HDPE15" RCP15" RCP15" RCP12' SOI L12' SOIL 11' S OIL10' SOIL10' SOIL 12' S OI L D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.D.A.T.U.R.25' BSTNC HWY 27TO BENSONNC HWY 2724' BSTTO COATS23' BSTBAILEYS CROSSROADS ROAD (SR 1551)TO RED HILL CHURCH ROAD (SR1168)FAIRGROUNDS ROAD (SR 1705)23' BSTTO TILGHMAN ROAD (SR 1704)100.00' 100.00'60.00'BL-1BL-2265.28'INV=ELEV= 265.28'25' RTBL STA 26+16.00 BM1EDGAR & MILDRED W NORRISDB 949 PG 810JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CDKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166DKY PROPERTIES LLCDB 3656 PG 846PB 2001 PG 1166JAMES HERRING DB 2617 PG 996PB 2005 PG 347WHITTINGTON CLAUDIA NORRIS DB 713 PG 897PB 2005 PG 347 LISA WHITTINGTONWILLIAM CHRISTOPHER &DB 3463 PG 750PB 2005 PG 347JOHN ALVIS ENNIS JRDB 3115 PG 176PC C PG 183-CM M HODGESDB 1034 PG 39 CHADLEY & JAMIE BEASLEY HUGHES DB 3319 PG 717PB 2015 PG 88LINWOOD CARROLL THORTON IIDB 1124 PG 450PC C PG 183-CGEORGE W & JEAN MOORE PC F PG 410-CGEORGE WILLIAM MOORE JRDB 1096 PG 207PC F PG 410-CLINDA ENNIS KIMBROUGH DB E PG 300PC C PG 183-C1SFDSHED1SFDEIPEIPEIPEIPEIPEIPEIPEIPWELL15" RCP-IV 04032 4 " RCP-I VGRADE TO DRAIN 401402CL B RIP RAPGRA D E TO DRAIN ( Not to Scale)SPECIAL LATERAL 'V' DITCH3:1DFROM -Y2- STA. 12+75 TO STA. 14+32 RT.FROM -L- STA. 9+39 TO STA. 11+00 RT.Min. D= VAR.DETAIL AGroundNaturalFlatter4:1 or NAD 83/ 2011R=50'R=50'NOITISNART '0500.04+ .TSIX E '42 '42 '0 3 NOITISNART '05.02.06.06 .05 . 0 4 .03-Y2- POT Sta. 14+80.71=-L- POC Sta. 9+00.00-L- POT Sta. 5+00.00PI Sta 13+95.51DL = 109.58'T = 57.37'R = 150.00'PI Sta 11+71.64DL = 338.14'T = 171.64'R = 800.00'-Y1- POT Sta. 14+25.00=-L- POT Sta. 8+16.38-Y2- PRC Sta. 13+38.14-Y1- POT Sta. 10+00.00-L- PT Sta. 12+53.15-L- POT Sta. 13+00.00-L--Y2--Y2-BEGIN STATE PROJECT W-5806D-L- STA 7+30.00-L- STA 9+75.00END STATE PROJECT W-5806D-Y2- STA 12+50.00BEGIN CONSTRUCTION-Y1- STA 12+27.18BARRICADEINSTALL GUARDRAIL R=50'-Y2- PC Sta. 10+00.0010+00 10+0010+00-Y2- PT Sta. 14+47.73-L- PC Sta. 8+78.045+00END CONSTRUCTION-L- STA 11+00.00BEGIN OVERLAYBEGIN CONSTRUCTION-Y2- STA 13+00.00PI Sta 10+65.64DL = 375.10'T = 187.60'R = 7,000.00'BEGIN OVERLAYEND OVERLAYBEGIN GRADEEND OVERLAY-Y1- STA 12+27.18END CONSTRUCTIONHCBOC 091322 ws Pg. 115 HCBOC 091322 ws Pg. 116 HCBOC 091322 ws Pg. 117 HCBOC 091322 ws Pg. 118 HCBOC 091322 ws Pg. 119 HCBOC 091322 ws Pg. 120 HCBOC 091322 ws Pg. 121 HCBOC 091322 ws Pg. 122 HCBOC 091322 ws Pg. 123 HCBOC 091322 ws Pg. 124 HCBOC 091322 ws Pg. 125 HCBOC 091322 ws Pg. 126 HCBOC 091322 ws Pg. 127 HCBOC 091322 ws Pg. 128 HCBOC 091322 ws Pg. 129 HCBOC 091322 ws Pg. 130 HCBOC 091322 ws Pg. 131 HCBOC 091322 ws Pg. 132 HCBOC 091322 ws Pg. 133 HCBOC 091322 ws Pg. 134 HCBOC 091322 ws Pg. 135 HCBOC 091322 ws Pg. 136 HCBOC 091322 ws Pg. 137 STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2207-0002 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: Linda Ennis Kimbrough Name: Rhetson Companies, Inc Address: 707-C Daniels St Address: 2075 Juniper Lake Rd City/State/Zip: Raleigh, NC 27605 City/State/Zip: West End, NC 27376 Property Description PIN(s): 1529-09-0967.000 Acreage: 6.54 Address/SR No.: 2125 Baileys Crossroads Rd. Coats, NC 27521 Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map HCBOC 091322 ws Pg. 138 STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The site is currently vacant. Per the application, the intent is to build a convenience/ retail type store. Surrounding Land Uses: Surrounding land uses consist of single-family residences, agricultural land, a convenience store (Benson’s jurisdiction), churches, and several other neighborhood based businesses. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. 6,700 for this section of NC 27 E, and 1,500 for this section of Bailey Crossroads Rd. Site Distances: Good HCBOC 091322 ws Pg. 139 STAFF REPORT Page 3 of 6 Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO’s Table of Uses. CURRENT REQUESTED RA-30 Commercial Parks & Rec X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated X Manufactured Homes Multi-Family Institutional Commercial Services X Retail X Wholesale X Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE Commercial AG Parks & Rec X Natural Preserves X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X Retail X Wholesale Industrial Manufacturing _ HCBOC 091322 ws Pg. 140 STAFF REPORT Page 4 of 6 Site Photographs Site, NC 27 view towards Coats, 4 way stop sign at Red Hill Church Rd Site, Bailey’s Crossroads Rd towards NC 27; future location of cul-de-sac. Site, NC 27 view towards Benson Site, Bailey’s Crossroads Rd away from NC 27; 4 way stop sign at Red Hill Church Rd; future location of cul- de-sac. HCBOC 091322 ws Pg. 141 STAFF REPORT Page 5 of 6 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning to Commercial would not have an unresasonable impact on the community due to existing the neighborhood/ convenience uses that exist as well as the services that could be provided in the future. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the existing land use classification of Agricultural & Rural Residential. However, this site is along NC 27 and in close proximity of the Town of Benson. During the next Land Use Plan update, staff recommends that at least a Rural Development Node be created around this intersection to include this parcel. (see picture below) Per G.S. 160D-605(a). A rezoning inconsistent with a plan does not amend the text of the plan, but it does amend the future land use map. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would enhance or maintain the public health, safety and general welfare due to the existing transportation, as well as the potential site improvements that could take place. Also, NCDOT has plans to realign this intersection which could alleviate any traffic flow concerns that may be created from a commercial use. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district is not contiguous to Commercial this application needs to be evaluated for Small Scale Rezoning. HCBOC 091322 ws Pg. 142 STAFF REPORT Page 6 of 6 Suggested Statement-of-Consistency (Staff concludes that…) As stated within the evaluation, the requested rezoning to Commercial is not compatible with all Harnett County regulatory documents. However, since this site is along NC 27 and is in close proximity to the Town of Benson, if approved a Land Use map amendment is proposed to ensure compliance. Further, if rezoned to Commercial it would enhance the public health, safety, & general welfare to the community due to existing the neighborhood/ convenience uses that exist as well as the improvements that could be provided in the future. Therefore, it is recommended that this rezoning request be Approved. Additional Information On September 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend denial of this rezoning due to neighborhood compatibility and vehicle safety concerns. The Planning Board also thoroughly evaluated the Small Scale Rezoning criteria and found this to be unreasonable. Many area residents attended the meeting and several spoke in opposition. Concerns included: o Vehicle safety and visibility; NCDOT improvements may help some issues, but this business could recreate those issues or increase them. o Not a needed businesses for the area; existing businesses in the area are small, resident owned, and neighborhood oriented o excess lighting in a rural community o increased crime o public safety and communication issues due to multiple jurisdictions Small Scale Rezoning Standards of Review Small scale zoning is permissible in North Carolina if it is reasonable. The courts have set out the following four factors to be used in a case-by-case analysis to determine if a particular zoning is reasonable. RESONABLENESS FINDINGS OF FACT Yes No A. SIZE OF THE TRACT The overall size of the tract of land proposed for rezoning is reasonable when compared to the size of the zoning district in which the subject property is located. Yes No B. COMPATIBILITY WITH A COMPREHENSIVE PLAN The proposed rezoning is consistent with any comprehensive plan, plan or elements thereof. Yes No C. IMPACT The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. Yes No D. COMPARISON OF USES The allowed uses within the proposed zoning district are similar or comparable to uses permitted as currently zoned. It is at the discretion of the Board to carefully analyze the above criteria to determine if the proposed zoning change would be considered reasonable. GRANTING A SMALL SCALE REZONING Motion to grant the small scale rezoning upon finding that the request is reasonable considering one or more of the above findings of fact A-D being found in the affirmative DENYING A SMALL SCALE REZONING Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: The size of the tract Incompatibility with the comprehensive plan Impact to surrounding community and immediate neighbors Proposes uses are extremely dissimilar to those currently permitted HCBOC 091322 ws Pg. 143 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\7C.1 Faircloth_agenda form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2207-0004 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Landowner / Applicant: Johnny Faircloth; 4.59 +/- acres (consisting of three parcels); Pin # 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000; From Commercial to RA-20R Zoning District; NC Hwy 24; Johnsonville Township. Development Services staff recommends approval based on the Land Use compatabilty and residential nature of this area. Additional Information: At their September 6th meeting, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on the existing residential developmnet and district. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 091322 ws Pg. 144 HCBOC 091322 ws Pg. 145 HCBOC 091322 ws Pg. 146 HCBOC 091322 ws Pg. 147 HCBOC 091322 ws Pg. 148 HCBOC 091322 ws Pg. 149 HCBOC 091322 ws Pg. 150 20553 SF20463 SF20051 SF20199 SF31191 SF20049 SF631425282611 8 8 .5 2 '19.36'A=83.37'1 9 5 .6 2 'A=64.11'58.82'69.41'218.67'126.88'102.95'233.82'A=26.37'MINIMUM BUILDING SET BACKSMAXIMUM HEIGHT ------- 35'SIDE YARD -------- 10'FRONT YARD -------- 35'CORNER LOT SIDE YARD -- 20'REAR YARD -------- 25'N 00°41'06"E154.22'S 89°41'12"EN 83°43'14"W3.03'N 01°38'05"E46.94'N 89°49'08"W206.23'N 26°46'33"E36.77'N 46°02'23"E32.18'N 80°33'02"W69.58'A=122.30 'R =5 0 .00'S 30°03'02"W85.87'S 41°00'00"W24.39'N 51°56'56"W 57.25'S 29°47'20"W41.08'S 43°58'35"W120.28'A=294.29'R=1454.26'S 31°10'03"W69.56'35.24' N 45°29'57"EC-2 25.00'NIS37.25'EIPEIP33.90'EIPN 88°43'54"E39.11'S54°22'29"E293.78'CB&DCB&DN23 °4 2 '4 0 "W 94.01'C-1C-2CURVE RADIUS LENGTH CHORD CH.BEARINGNISNISNISNISNISC-1 25.00'LEGENDLINES SURVEYEDEIP------EXISTING IRON PIPEECM------EXISTING CONCRETE MONUMENTPKNS------P.K.NAIL SETELS------EXISTING LIGHTWOOD STAKEEIS------EXISTING IRON STAKENMN------NEW MAGNETIC NAILERRS------EXISTING RAILROAD SPIKEEMN------EXISTING MAGNETIC NAILECS------EXISTING COTTON SPINDLENRRS------NEW RAILROAD SPIKEECM/PKN/ECS (CONTROL CORNERS)NCS------NEW COTTON SPINDLEEPKN------EXISTING P.K.NAILEIP/EIS---(CONTROL CORNERS)LINES NOT SURVEYED--------------CB&D--CHORD BEARING AND DISTANCED.E.---DRAINAGE EASEMENTEX.-----EXISTINGAC.--- ACRESNIP--NEW IRON PIPENIS--NEW IRON STAKEC/L--CENTER LINECP--CALCULATED POINTN/F--NOW OR FORMALLYR/W--RIGHT OF WAYEX.FENCEXXXXXXXXXXXXXXXXXXXXXXXXXX X X X O V E R H E A D P O W E R N.C.24XXXXXXX X X X X X X X X X X X X X X HCBOC 091322 ws Pg. 151 STAFF REPORT Page 1 of 5 REZONING STAFF REPORT Case: PLAN 2207-0004 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 6, 2022 County Commissioners: September 19, 2022 Requesting a Rezoning from Commercial to RA-20R Applicant Information Owner of Record: Applicant: Name: Johnny Ray Faircloth Name: SAME AS OWNER Address: 5272 Cool Springs Road Address: City/State/Zip: Broadway, NC 27505 City/State/Zip: Property Description PIN(s): 9575-25-2300.000, 9575-25-1192.000, 9575-24-3974.000 Acreage: +/- 4.59 Address/SR No.: 16 and 36 Red Bird Dr, and lot #34 (Natures Crossroads subdivision) Township: (09) Johnsonville (10) Lillington (11) Neill’s Creek (12) Stewart’s Creek (13) Upper Little River (01) Anderson Creek (02) Averasboro (03) Barbecue (04) Black River (05) Buckhorn (06) Duke (07) Grove (08) Hectors Creek Vicinity Map HCBOC 091322 ws Pg. 152 STAFF REPORT Page 2 of 5 Physical Characteristics Site Description: The properties are currently vacant and undeveloped. Background info: •January 2012 a portion of this property was rezoned to Commercial (~1.5 ac on east corner of Red Bird & NC 24) •May 2015, staff & Planning Board recommended denial of a proposed rezoning application to rezone Commercial however, the County Commissioners tabled to their decision to give the applicant time to reconsider the proposal. •May 2016, a revised application was resubmitted to the Planning Board. The Planning Board tabled the request as the applicant wished to revise the proposal based on citizen comments. •June 2016 staff and Planning Board recommended approval and Commissioners approved the application. Surrounding Land Uses: Surrounding land uses consist of single-family residences and a few non- residential uses, including vacant commercial structures and churches. Existing Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: approx. 9,200 for this section of NC HWY 24 Site Distances: Good HCBOC 091322 ws Pg. 153 STAFF REPORT Page 3 of 5 Zoning District Compatibility The following is a summary list of potential uses. For actual permitted uses please refer to the UDO’s Table of Uses. CURRENT REQUESTED Commercial RA-20R Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, Design Regulated Manufactured Homes X Multi-Family X Institutional X Commercial Services X Retail X Wholesale Industrial Manufacturing Land Use Classification Compatibility ZONING LAND USE RA-20R A&RR Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated Manufactured Homes X X Multi-Family Institutional X X Commercial Service Retail Wholesale Industrial Manufacturing HCBOC 091322 ws Pg. 154 STAFF REPORT Page 4 of 5 Site Photographs Site Site Site NC 27 & Red Bird intersection HCBOC 091322 ws Pg. 155 STAFF REPORT Page 5 of 5 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to RA-20R will not have a negative impact on the surrounding properties or the community as it is the same zoning district that existed when the residential development occurred. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existi ng Land Use classification of Agricultural & Rural Residential. This designation is intended for low intensity uses, such as low-density residential development. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to RA-20R would enhance or maintain the public health, safety, and general welfare due to the neighboring residentially zoned parcels, as well as the original intended use of most of these parcels. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since the proposed zoning district exists on contiguous properties, this application does not need to be evaluated for Small Scale Rezoning. Additional Information On September 6th, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of this rezoning due to the residential nature of this area. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-20R is compatible with Harnett County Land Use Plan and would not have an unreasonable impact on the surrounding community based on the originally intended and existing residential in the area. Therefore, it is recommended that this rezoning request be APPROVED. HCBOC 091322 ws Pg. 156 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\8.1 22.08.31 HARTS MOU.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Memorandum of Understanding (MOU) between City of Fayetteville and County of Harnett to Possible Receipt of 5307 ARPA Funding Agreements 5311 REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services/Harnett Area Rural Transit System (HARTS) requests the Board of Commissioners consider and approve a Memorandum of Understanding (MOU) between the City of Fayetteville and the County of Harnett in order to receive 5307 American Rescue Plan Act (ARPA) funding through the Fayetteville Area System of Transit (FAST). This MOU is the first step for receiving FTA 5307 ARPA funds and future FTA 5307 project funds as a subrecipient of FAST funding. The City of Fayetteville / FAST is drafting a 'subrecipient agreement' agreement for future Board consideration. Current ARPA funds available to HARTS is $71,397 with no match required. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HCBOC 091322 ws Pg. 157 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\8.1 22.08.31 HARTS MOU.docx Page 2 of 2 HCBOC 091322 ws Pg. 158 HCBOC 091322 ws Pg. 159 HCBOC 091322 ws Pg. 160 A Memorandum of Understanding Among Public Transportation Providers in the Fayetteville, North Carolina Urbanized Area THE CITY OF FAYETTEVILLE, THE COUNTY OF CUMBERLAND, THE COUNTY OF HARNETT, THE COUNTY OF HOKE, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH: WHEREAS, the City of Fayetteville is recognized by the U.S. Department of Commerce (“USDOC”) as an urbanized area; and WHEREAS, the U.S. Department of Transportation, Federal Transit Administration (“FTA”) provides federal financial assistance to provide public and specialized transportation to all areas of North Carolina; and WHEREAS, the United States Congress authorizes public and specialized transportation funding based on urbanized and nonurbanized area status; and WHEREAS, the urbanized area boundary extends into the surrounding Counties of Cumberland, Harnett, and Hoke Counties and allocation of federal financial assistance for the Fayetteville Urbanized Area is based, in part on the urbanized area residents of these Counties and these areas are parties to a Memorandum of Understanding for Cooperative, Comprehensive, and Continuing Transportation Planning with the Fayetteville Area Metropolitan Planning Organization (“FAMPO”); and WHEREAS, the City of Fayetteville and the Fayetteville Area System of Transit (“FAST) is the designated recipient of funding for urbanized areas under 49 U.S.C. § 5307, Urbanized Area Formula Program, in accordance with the planning process under 49 U.S.C. §§ 5303 and 5304, by the governor of a state, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts federal transit financial assistance to urbanized areas of 200,000 or more in population; and WHEREAS, the County of Cumberland, the County of Harnett, and the County of Hoke may receive federal financial assistance under 49 U.S.C. § 5307, Urbanized Area Formula Program, as a direct recipient or as a subrecipient to a designated recipient; and WHEREAS, population growth and expansion of the urbanized area boundary will increase the urbanized population of all entities in the urbanized area as a result of the most recent decennial census; and WHEREAS, the City of Fayetteville, as the designated recipient of Urbanized Formula Program funds, may at its discretion choose to pass its grant funds through to another entity (subrecipient) to carry out a project eligible under Section 5307; HCBOC 091322 ws Pg. 161 NOW THEREFORE, in consideration of the mutual benefits afforded to each party, the parties agree as follows: 1. Status of Recipients of Federal Transit Financial Assistance 1.1. The City of Fayetteville is and shall remain as the designated recipient of FTA funds. After the consideration by the County of Cumberland, the County of Harnett, and the County of Hoke, these entities have opted not to become direct recipients of federal financial assistance administered by FTA under 49 U.S.C. § 5307 and 49 U.S.C. § 5339. 1.2. The County of Cumberland, the County of Harnett, and the County of Hoke agree to benefit from federal transit financial assistance as a subrecipient, as defined in 2 CFR § 200.93 and FTA Circular 9030.1E, Chapter II, § 8b, to the City of Fayetteville. 1.3. The City of Fayetteville will serve as the designated recipient of federal financial assistance and will enter into pass-through agreements, as defined in 2 CFR. § 200.74, with the subrecipients. 2. Allocation of Funding 2.1. Consistent with Section 5.7 of the Memorandum of Understanding for the Cooperative, Comprehensive, and Continuing Transportation Planning, dated 2021, FAMPO, in consultation with the parties to this Memorandum, shall be responsible for the approval and distribution of federal transit funds. 2.2. The City of Fayetteville, as designated recipient, and FAMPO shall jointly determine the sub- area allocation fairly and rationally through a process based on local needs and agreeable to the designated recipient. 2.3. FAMPO shall approve a methodology for the distribution of funding that may incorporate factors used by FTA to apportion 49 U.S.C. § Section 5307 funds and other factors necessary to ensure an equitable distribution of funds. The City of Fayetteville shall provide documentation to FTA showing how the 5307 allocation will be split among the grant recipients. 2.4. Nothing in this Memorandum of Understanding obligates either the County of Cumberland, the County of Harnett, or the County of Hoke to seek or receive funding under 49 U.S.C. § 5307 as a pass-through subrecipient to the City of Fayetteville. In the event a County opts not to seek funding, the County shall provide written notification to FAMPO and the City of Fayetteville of this decision. In these instances, funds allocated to the entity that does not seek funding shall revert to the City of Fayetteville. 2.5. If a County agrees to receive Section 5307 funding through a pass-through agreement with the City of Fayetteville, the County further agrees: 2.5.1. To comply with the terms and conditions of the Federal Transit Administration’s Master Agreement Version 28, or any updates thereto, which applies to all projects financed with federal funds; HCBOC 091322 ws Pg. 162 2.5.2. To maintain current plans or programs for all FTA civil rights requirements, including but not necessarily limited to: 2.5.2.1. Tile VI program; and 2.5.2.2. EEO program (if the subrecipient employs more than 50 public transit employees and receives more than $1 million in FTA financial assistance from all sources); 2.5.3. To submit a program of projects annually to the City of Fayetteville detailing how each County plans to expend the FTA grant funds distributed to that County in the coming fiscal year for purposes of preparing the annual grant application. If no program of projects is submitted by a County for two (2) consecutive years, the City of Fayetteville shall provide notice and may suspend FTA fund distribution to that County until an eligible program of projects is submitted and approved. 2.5.4. To provide all required funds to meet the local matching requirements in the subrecipient agreement. 3. Oversight 3.1. The County of Cumberland, the County of Harnett, and the County of Hoke acknowledge as a subrecipient of funds, the entities will be subject to periodic oversight by the designated recipient to ensure compliance with applicable laws and regulations, consistent with the requirements of 2 CFR § 200.331 and FTA Circular 9030.1E. 3.2. The City of Fayetteville, or its designate, will conduct periodic oversight of any subrecipient. As the designated recipient, the City, upon discovery of an instance of non-compliance, shall develop a corrective action plan and schedule for the subrecipient to remedy the compliance deficiency. 3.3. In the event the subrecipient fails to correct the compliance deficiency within the required schedule, the City of Fayetteville shall notify the subrecipient and provide an opportunity to cure the deficiency. A minimum of 30 additional days from the date of notification shall be provided to the subrecipient to cure the deficiency. 3.4. If the subrecipient fails to cure the deficiency, the City of Fayetteville may temporarily suspend payments due to the subrecipient pursuant to the pass-through agreement until the subrecipient corrects the deficiency. 4. Access to Records 4.1. The County of Cumberland, the County of Harnett, and the County of Hoke shall retain and shall provide access to records related in whole or in part to the pass-through award agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any type, and supporting materials related to those records. HCBOC 091322 ws Pg. 163 4.2. The County of Cumberland, the County of Harnett, and the County of Hoke shall retain records described in Section 4.1 for three years after the City of Fayetteville has submitted its last or final expenditure report to FTA, and other pending matters are closed. 5. Funds Provided by the North Carolina Department of Transportation 5.1. Nothing in this Memorandum shall be construed to limit the ability of the County of Cumberland, the County of Harnett, and the County of Hoke to seek and receive funding under 49 U.S.C. § 5311, 49 U.S.C. § 5310, or U.S.C. § 5339 apportioned to the North Carolina Department of Transportation for distribution to rural areas. 6. Option to Participate 6.1. Participation in this Memorandum of Understanding is at the discretion of the individual parties to this agreement. A decision to opt-out of participation in this Memorandum shall not abridge the rights of other parties to carry out this Memorandum. 6.2. If a subrecipient opts not to participate in this Memorandum: 6.2.1. The subrecipient shall notify FAMPO and the City of Fayetteville in writing of the decision. 6.2.2. The subrecipient will not receive an allocation of funds nor will the City of Fayetteville agree with the entity to provide Section 5307 funds to support transportation in urbanized areas of the jurisdiction. 6.3. A non-participating subrecipient may opt to agree to this Memorandum at a later date. 6.3.1. The subrecipient must provide FAMPO and the City of Fayetteville written notice to participate and by providing by a signed copy the Memorandum acceptance page. 6.3.2. Upon receipt of written notice to engage in this Memorandum, FAMPO will include the party in the allocation of Section 5307 funds in the next fiscal year. HCBOC 091322 ws Pg. 164 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the County of Cumberland by its Chairman, the County of Harnett by its Chairman, the County of Hoke by its Chairman, (Seal) By Clerk Mayor City of Fayetteville HCBOC 091322 ws Pg. 165 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the County of Cumberland by its Chairman, the County of Harnett by its Chairman, the County of Hoke by its Chairman, (Seal) By Clerk Chairman, Board of Commissioners Cumberland County HCBOC 091322 ws Pg. 166 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the County of Cumberland by its Chairman, the County of Harnett by its Chairman, the County of Hoke by its Chairman, (Seal) By Clerk Chairman, Board of Commissioners Harnett County HCBOC 091322 ws Pg. 167 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the County of Cumberland by its Chairman, the County of Harnett by its Chairman, the County of Hoke by its Chairman, (Seal) By Clerk Chairman, Board of Commissioners Hoke County HCBOC 091322 ws Pg. 168 Item 9 HCBOC 091322 ws Pg. 169 HCBOC 091322 ws Pg. 170 HCBOC 091322 ws Pg. 171 HCBOC 091322 ws Pg. 172 HCBOC 091322 ws Pg. 173 HCBOC 091322 ws Pg. 174 HCBOC 091322 ws Pg. 175 HCBOC 091322 ws Pg. 176 HCBOC 091322 ws Pg. 177 HCBOC 091322 ws Pg. 178 HCBOC 091322 ws Pg. 179 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\10.1 HSGP FY22 Board Agenda Request.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: FY22 Homeland Security Grant Program, Grant Award REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: Harnett County Emergency Services requests Board approval to accept grant funds for the NCEM FY22 Homeland Security Grant Program in the amount of $66,000.00. These grant funds will be utilized for the procurement of a Tactical Robot for Harnett County Sheriff’s Office Special Response Team, to assist in tactical operations and hazardous material responses. This resource must remain available for regional response when it is not in use by the county. There is no cost share associated with this grant and is a reimbursable upon submission of final cost report. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 10 HCBOC 091322 ws Pg. 180 North Carolina Department of Public Safety Emergency Management Roy Cooper, Governor Eddie M. Buffaloe Jr., Secretary William C. Ray, Director Homeland Security Grant Program (HSGP) Fiscal Year 2022 SUBAWARD NOTIFICATION Zach Shean Period of Performance: September 1, 2022 to February 28, 2025 Harnett County Project Title: Sheriff's Office - Tactical Robot 1005 Edwards Brothers Drive Total Amount of Award: $66,000.00 Lillington , NC 27546- MOA #: 2240027 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2022 Homeland Security Grant Program (HSGP) has been approved for funding. In accordance with the provisions of FY 2022 HSGP award, NCEM hereby awards to the foregoing subrecipient a grant in the amount shown above. Payment of funds: The grant shall be effective upon final approval by NCEM of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement (MOA). Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The subrecipient agrees that funds will only be expended to complete the approved project(s) not to exceed the funding amount for the project(s) during the designated period of performance. The subrecipient also agrees to comply with all terms, conditions and responsibilities specified in the MOA, and to comply with all applicable federal, state, and local laws, and rules and regulations in the performance of this grant. Supplanting: The subrecipient confirms that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. Required Documents/Forms: The subrecipient must submit the following documents to (ncemgrants1@ncdps.gov) upon execution of the MOA: 1. Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202) 2. Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c)) 3. Conflict of Interest Policy (G.S. 143C-6-23.(b)) 4. Copy of the subrecipient’s procurement policy Please provide your Unique Entity ID (sam.gov): In the box below, list the names and emails authorized as subrecipient signatories for the above- referenced MOA in the preferred order of signature and receipt. Append “cc” to designate copy-only. Example: John Smith (john.smith@yahoo.com) Mary Jones (mary.jones@hotmail.com) cc Sam Brown (s.brown@gmail.com) DocuSign Envelope ID: 8A99DF8C-1706-48B0-96A1-8C41A97D0AC7 091565986 Larry Smith (LTSmith@harnett.org) Kimberly Honeycutt (Khoneycutt@harnett.org) Brent Trout (btrout@harnett.org) CC: Zach Shean (Zshean@harnett.org) HCBOC 091322 ws Pg. 181 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\12.1 Grassroots grant agenda item request.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: September 6, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Administration requests approval to accept $110,553 in grant funding from the North Carolina Arts Council for the Fiscal Year 2023 Grassroots Arts Program Grant. REQUESTED BY: Ashley Bauer, Community Relations Director REQUEST: Administration requests the Board of Commissioners approval to accept $110,553 in grant funding from the North Carolina Arts Council for the Fiscal Year 2023 Grassroots Arts Program Grant. Harnett County Manager’s Office has been designated the provisional partner by North Carolina Arts Council to administer the Grassroots Arts Program grant to support arts organizations and arts programming throughout Harnett County. The County plans to subgrant a majority of this grant to local Harnett County arts organizations and non-profit organizations to support local artists and arts programming for the public. For the 2022-2023 fiscal year, Harnett County has been awarded $46,556 in state funding of which $18,977 must go towards the multicultural requirement, and $63,997 in ARPA federal of which $26,086 must go towards the multicultural requirement. State Grassroots Arts Program funds may be used for expenditures to conduct quality arts programs or to operate an arts organization. Grant amounts start at $500 and may be used for program expenses such as professional artists’ fees and travel, space rental, advertising, marketing and publicity, website and electronic media, scripts, costumes, sets, props, music and equipment rental, as well as operating expenses for qualified art organizations not already receiving operating support from the N.C. Arts Council. The state funds do require each recipient to match the subgrant dollar for dollar with cash from local sources during the applicable fiscal year. ARPA Federal Grassroots Arts Program funds may be used to build sustainability of the arts ecosystem (beyond projects, investing in operations, and staff), develop new relationships with arts organizations that have not been previously engaged, and invest in capacity building for arts organizations (shared trainings, specific capacity-building tailored for individual organizations, strategic planning, board training, etc.). The ARPA Federal funds do not require a match. Item 12 HCBOC 091322 ws Pg. 182 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\12.1 Grassroots grant agenda item request.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 091322 ws Pg. 183 County of Harnett ANIMAL SERVICES ORDINANCE Originally adopted November 16, 1993 Amended December 4, 1995 Amended January 6, 1997 Revised May 6, 2002 Revised April 17, 2006 Revised June 4, 2018 Revised September ___, 2022 Item 13 HCBOC 091322 ws Pg. 184 County of Harnett – Animal Services Ordinance 2 | Page CONTENTS SECTION I. Title .............................................................................................................................3 SECTION II. Purpose ......................................................................................................................3 SECTION III. Definitions ................................................................................................................4 SECTION IV. Authority and Responsibility of Animal Services Officers .....................................6 SECTION V. Authority and Responsibility of Animal Shelter Attendants ....................................8 SECTION VI. Animal Services – Offenses .....................................................................................8 SECTION VII. Rabies Control ......................................................................................................11 SECTION VIII. Unlawful Killing, Releasing, Etc., of Certain Animals.......................................13 SECTION IX. Failure to Surrender Animal for Quarantine ..........................................................13 SECTION VIII. Rabies Vaccination Tag ......................................................................................13 SECTION XIX. Dangerous Dogs ..................................................................................................13 SECTION XI. Seizure and Impounding of Animals .....................................................................16 SECTION XII. Redemption of Animals ........................................................................................18 SECTION XIII. Rabies Vaccination Tag ......................................................................................18 SECTION XIVXII. Inherently Dangerous Exotic Animals ..........................................................19 SECTION XIIIV. Penalties ...........................................................................................................21 SECTION XIVVI. Severability .....................................................................................................21 SECTION XVII. Conflict ..............................................................................................................21 SECTION XVIII. Application to Municipalities ...........................................................................22 SECTION XVIIIX. Effective Date ................................................................................................22 HCBOC 091322 ws Pg. 185 County of Harnett – Animal Services Ordinance 3 | Page BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY SECTION I. TITLE This Ordinance shall be known and cited as the “Harnett County Animal Services Ordinance” (hereinafter referred to as “Ordinance”). SECTION II. PURPOSE There is created the Animal Control Division of Harnett CountyHarnett County Animal Services Division ( hereinafter referred to as “Animal Services”), which shall be composed of the General Services Director, Animal Control Program ManagerAnimal Services Manager and such employees as shall be determined by the General Services Director and Animal Control Program Manager Animal Services Manager and funded by the Board of Commissioners. The General Services Director, Animal Control Program Manager and the employees shall be compensated in accordance with the personnel policies of Harnett County. The Animal Control Services Division shall designate employees or agents enforcing this Ordinance as Animal Control Officers. In performance of their duties, Aanimal Ccontrol Oofficers shall have the power, authority, and immunity granted under this Ordinance and by the general laws of this state to enforce the provisions of this ordinance, and the General Statutes as they relate to the care, treatment, control, or the impounding of animals. Except as may be otherwise provisions of this Ordinance or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless he acts with actual malice. It shall be unlawful for any person to interfere with, hinder, or molest any Aanimal Ccontrol Oofficer, police officer, veterinarian, or other duly appointed agent while in performance of any duty authorized by this Ordinance or State law or seek to release any animal in the custody of such agent, except in the manner as herein provided. Each Aanimal Ccontrol Oofficer while performing his/her respective duties shall wear an identification insignia of size and design to be determined by the General Service Director and the Animal Control Program ManagerAnimal Services Manager. Animal Ccontrol o=Officers may store at the animal control Animal Services office or carry in departmental vehicles firearms approved for use and use such firearms when necessary to enforce sections of this Ordinance or under applicable laws for the control of wild, dangerous, vicious or diseased animals. State Law reference—Appointment of animal control officers authorized, G.S. 67-30 et seq.; ordinance power and enforcement, G.S. 153-121 et seq.; Interference unlawful, G.S. 19A- 48. HCBOC 091322 ws Pg. 186 County of Harnett – Animal Services Ordinance 4 | Page SECTION III. DEFINITIONS 1. Adequate Food – The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age and sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum. 2. Adequate Shelter – Shelter which will keep a nonaquatic animal dry, out of direct path of winds, out of direct sun, and at a temperature level that is healthful for the animal. For dogs, cats and other small animals, the shelter shall be a windproof and moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall include four walls, a roof, and a solid floor raised up off the ground, with an opening entrance large enough to allow access to the animal, but placed in such a way to keep the animal out of the direct path of winds. Barrels, pet crates, and similar devices do not provide adequate shelter for a dog, cat or other small animal and are prohibited for that purpose. The structure shall be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all animals, the containment area shall be free of accumulated waste, excrement, and debris, and other toxic or hazardous materials so that the animal shall be free to walk or lie down without coming in contact with any such waste, excrement or, debris or other toxic or hazardous material, and a suitable method of draining shall be provided to rapidly eliminate excess water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of clean water in which to move. Adequate shelter does not apply to the following domesticated livestock: cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas, lagomorphs, ratites, and poultry. 3. Adequate Water – A constant access to a supply of clean, fresh water provided in a sanitary manner. In a near or below freezing temperatures, the water must be changed frequently to prevent freezing, unless heated. 4.1.Adequate Food – The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age and sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum. 5. Adoptions Coordinator / Shelter Program Manager – the person placed in charge of Adoptions and Shelter operations or authorized representative. 6.4.Animal – Any live, vertebrate creature, wild or domestic, other than human beings. 7.5.Animal Services Director Manager – The director manager of Harnett County Animal Services or authorized representative. HCBOC 091322 ws Pg. 187 County of Harnett – Animal Services Ordinance 5 | Page 8. Animal Control Program Manager – The person placed in charge of Harnett County Animal Control or authorized representative. 6. Animal Control Officer – employees and agents designated by Harnett County Animal Control Services to enforce this Oordinance. In the performance of their duties, animal control officers shall have all the powers, authority and immunity granted under this Oordinance and by the general laws of this state to enforce the provisions of this Oordinance, and the North Carolina General Statutes as they relate to the care, treatment, control or impounding of animals. 9.7. Cat – A domestic feline of either sex of the genus and species Felis catus. 8. Crossbreed – An animal produced by mating or hybridizing two different species, breeds, or varieties and offspring from all subsequent generations of that crossbred animal, such as the crossbreed between a wolf and a dog. 10.9. D irect Control and Restraint – An animal is under direct control and restraint if it is obedient to a competent person’s commands at all times; is within a secure enclosure; is obedient to an electronic collar or wireless device; is located within a vehicle, trailer, or other conveyance; or is leashed, chained, or restrained by a device of sufficient strength by a person or to a fixed object. A service dog and a hunting or working dog in the field or working are presumed to be under direct control and restraint. 11.10. Ddog – A domestic canine of either sex of the genus, species, and subspecies Canis lupus familiaris. 12.11. Euthanasia – The humane destruction of an animal accomplished by a method that involves rapid unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness. 13.12. Exotic Animal – Any animal or reptile which is not native or indigenous to North Carolina, does not have an established wild population in North Carolina, or is not regulated by the North Carolina State Wildlife Commission. 14.13. Feral Cat – Cats unsuitable for adoption, as determined by the General Services DirectorAnimal Services Manager or designee. 15.14. Feral Dog – Dogs unsuitable for adoption, as determined by the Animal Services Manager General Services Director or designee. HCBOC 091322 ws Pg. 188 County of Harnett – Animal Services Ordinance 6 | Page 16.15. Ferret – A domestic mammal of the genus, species, and subspecies Mustela putorius furo. 17.16. General Services Director - The Director of the Harnett County General Services Department or authorized representative. The General Services Director is responsible for overall management of Animal Services; incorporating both Animal Control and Shelter Operations. 18.17. Health Director – The Director of the Harnett County Health Department or authorized representative. 19.18. Hunting/Working Dog – A dog which is trained or being trained to assist in herding or hunting activities. 20.19. Isolation/Quarantine – The placing of an animal away from all other animals, food, and equipment in the area, for the sole purpose of preventing the spread of disease. 21.20. Neutered Male – Any male which has been surgically operated on or medically treated to prevent reproduction. 22.21. Owner/Person in Possession – Any person, group of persons, firm, partnership, or corporation owning, keeping, having charge of, sheltering, feeding, possessing, or taking care of any animal. 23.22. Reptile – Any cold-blooded air breathing vertebrate with horny scales or plates such as a snake, lizard, or tortoise. 24.23. Running at Large – The running or wandering of animal(s) not under direct control of the owner, caretaker, and/or possessor that is not restrained by fence, tether, or other enclosure. 25.24. Sanitize – To make physically clean, remove and destroy to a practical minimum, agents injurious to health. HCBOC 091322 ws Pg. 189 County of Harnett – Animal Services Ordinance 7 | Page 26.25. Secure Enclosure – An enclosure from which an animal(s) cannot escape unless freed by an owner, caretaker, and/or possessor. 27.26. Service Dog – Any dog which is trained or being trained to do work or perform tasks for a person who is blind, hearing impaired, or otherwise disabled. A dog whose sole function is to provide comfort or emotional support does not qualify as a service dog. 28.27. Spayed Female – Any female animal which has been surgically operated upon to prevent reproduction. 29.28. Stray Animal – A domesticated animal that roams at large with no apparent ownershipand is not wearing any tags, microchips, tattoos, or other methods of identification. 30.29. Tethering/Chaining – a chain, cable, rope, or the like, by which an animal is fastened to a fixed object so as to limit its range of movement. 31.30. Vaccination – The administration of anti-rabies vaccine, approved by the United States Bureau of Animal Industry, the North Carolina Department of Agriculture, and the North Carolina Commission for Public Health. 32.31. Veterinary Hospital – An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals. 33.32. Wild Animals – All warm and cold blooded animals (other than livestock) not normally domesticated including, but not be limited to, lions, tigers, or other wild cats, wolves, bears, raccoons, monkeys, apes, reptiles, and any other non-domesticated animals including hybrids bred with these animals and domestic species, that because of their size or dangerous propensity or because they are poisonous, venomous, or for any other substantial reason, pose a potential danger to persons, other animals, or property, whether bred in the wild or in captivity. SECTION IV. AUTHORITY AND RESPONSIBLILITY OF HARNETT COUNTYANIMAL CONTROLSERVICES 1. Animal Control Services responsibilities: HCBOC 091322 ws Pg. 190 County of Harnett – Animal Services Ordinance 8 | Page A. Enforcement of all state laws, Harnett County (“County”) county ordinances, health regulations, and resolutions relating to the care, custody, and control of domestic animals, especially with regard to vaccination of dogs, cats, and ferrets against rabies, and the secure confinement or leashing and muzzling of dangerous and/or vicious animals within the County. Notwithstanding the foregoing, reference is particularly made to G.S. 67-1 et seq. (Dogs) and G.S. 130A-184 et seq. (Public Health) B. Investigation of animal cruelty, animal abuse, or neglect with the regard to dogs, cats, and other domestic animals. C. Making such canvass of the County, including homes in the County, as deemed necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly vaccinated against rabies. D. Issuance to the owner of a citation for rabies vaccination for any unvaccinated dog, cat, and ferret four months of age or older. The animal shall be vaccinated by a licensed veterinarian, a registered veterinary technician under the direct supervision of a licensed veterinarian, or certified rabies vaccinator and the proof of certification is to be returned to the animal control division by the owner of the dog, cat, or ferret within three business days. If the rabies vaccination is administrated within 72 hours, the citation shall be void. Individuals who fail to vaccinate their pet within 72 hours may b e issued another citation. E. Issuance of civil citations to any person if there is probable cause to believe that such person has violated any of the provisions of this Oordinance. Citations so issued may be served in person upon the violator by the animal control program managerAnimal Services Manager or any Aanimal Ccontrol Oofficer or they may be mailed by certified mail. Any citation so served or mailed shall direct the alleged violator to make payment of the fine provided therein to Animal Control DivisionAnimal Services on or before a specific date stated on the citation and the period so specified shall not be less than thirty (30) 20 business days after service. If the violator is served by mail, the violator shall have 20 businessthirty (30) days from the date of the citation to pay said citation. The citation fines may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within 20 businessthirty (30) days after being cited. Except for the appeal processes set forth for public nuisances in Article VI and dangerous dogs in Article IX of this Ordinance, aAny alleged violator may make written appeal of the citation to the Animal Control Program ManagerGeneral Services Director or his/her designee within 20 businessthirty (30) days of the date of the citation. The right to appeal from the Animal Control Program ManagerGeneral Services Director is to the Harnett County Superior Court. All orders issued by the Harnett County Public Health Director must be appealed to Harnett County Superior Court. HCBOC 091322 ws Pg. 191 County of Harnett – Animal Services Ordinance 9 | Page F. In addition to and/or in lieu of the civil citation provided for in the above subsection, the animal control program managerAnimal Services Manager or any Aanimal Ccontrol Oofficer may forthwith have a criminal complaint entered against the violator and secure and issue a warrant for his/her arrest or issue a summons against such person to appear in court. The arrest or summons shall be for the violation section of this Oordinance charged in the citation, and upon conviction, the defendant shall be subject to the penalties prescribed by this Oordinance. G. Maintenance of all records with respect to the citation forms and their disposition so that all such forms be capable of an immediate accounting. Records of citations shall be maintained in the Animal ControlAnimal Services Office. H. Periodic investigation by the General Services Director or his/her representative of the records of the divisionAnimal Services for the purpose of determining the disposition of the citation forms and shall report the result of such investigation to the County Manager from time to time upon request by the County Manager. For the purpose of making this investigation, he/she shall have access to the records of the divisionAnimal Services. State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health 2. Animal Control Officer responsibilities: A. Enforcement - Have the power to issue citations for the violation of the Harnett County Animal Services Ordinance and other laws of the State of North Carolina relating to the ownership, control, care, and custody of dogs, cats and other animals. B. Investigate Cruelty to Animals - Investigating cruelty or abuse to dogs, cats, and other animals. C. Rabies Control – Act as rabies control officers and enforce and carry out all laws of North Carolina and all Harnett County ordinances of Harnett County pertaining to rabies control. D. Animal Bites – Be responsible for the investigation of all reported animal bites and for the quarantine of any such animal for a period of not less than ten (10) days. Be responsible for the procedures required for rabies testing if needed. E. Seizure and Impoundment – Be responsible for the seizure and impoundment, where deemed necessary, of any dog, cat, or other animal in Harnett County involved in a violation of this or any other County ordinance or any state statute. SECTION V: RECORD KEEPING AT ANIMAL SERVICES HCBOC 091322 ws Pg. 192 County of Harnett – Animal Services Ordinance 10 | Page It shall be the duty of the Adoptions Coordinator / Shelter Program ManagerAnimal Services Manager to keep, or cause to be kept, accurate and detailed records of the below listed items and be responsible for the operation of the Harnett County Animal Shelter. 1. Origin of animals and the date the animals were received. 2. Description of animals including species, age, sex, breed, color markings and microchip identification. 3. Location of animals if not kept at the animal shelter. 4. Disposition of animals and the corresponding date. 5. Bite quarantine and complaints. 6. All monies belonging to the County which are derived from impoundment fees, penalties, sale, and/or auction of animals. 7. All other records deemed necessary by the Animal Services Program Manager or designee.. SECTION VI: ANIMAL CONTROL – OFFENSES State Law reference—Animal Welfare Act, G.S. 19A-20 et seq. 1. Dogs Not Under Direct Control: N.C.G.S. 67-12 – A dog not under direct control of its owner, caretaker and/or or the person in possessor possession determined to be at large by the an Animal Control Officer. The owner or person in possession, caretaker, and/or possessor, if identified, will be subject to Penalties in Section XV XIII of this ordinance. Exemption: A hunting or working dog in the field training or working will be considered to be under direct control. 2. Female Dog During Estrus Period A female dog during the estrus period must be kept in a secure enclosure and be at all times under restraint. Restraint in this instance does not mean tethered to a stationary object without being confined in a secure enclosure. 3. N.C.G.S. 67.2 67-2 Permitting bitch at large - . If any person owning or having any bitch shall knowingly permit her to run at large during the erotic stage of copulation he shall be guilty of a Class 3 misdemeanor. 4. Possession of Stray Animals and Animals Owned by Others: N.C.G.S. 14-81, 14-82, 14- 85, 14-100 – HCBOC 091322 ws Pg. 193 County of Harnett – Animal Services Ordinance 11 | Page A. It shall be unlawful for any person to knowingly or intentionally, unless with the consent of the owner, or the person in possession, to harbor, feed or keep in his/her possession, by confinement or otherwise, any dog, cat, or other animal which does not belong to him/her unless he/she has within forty-eight (48) hours from the time that such dog, cat or other animal has come into his/her possession notified the Animal Services Office. The purpose of this Ssection is to aid in rabies control, and to prevent the intentional possession of pets belonging to other persons. Any person who gives away, sells, or allows otherwise stray or abandoned animal to be adopted without first notifying the animal shelter, shall have no authority over the animal and ownership shall remain with the previous owner to the extent the previous owner is able to be identified. A.B. It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or person in possession, or to seize any animal while the animal is held or controlled by its owner or person in possession or while the animal is on the property of its owner or person in possession. 5. Vicious and Public Nuisance Animals: N.C.G.S. 130A-200 The Harnett County Animal Control Program Manager or Animal Control OfficerHarnett County Health Department Director may declare an animal to be vicious and a menace to the public health when the animal has attacked a person or other domestic animal causing bodily harm without being teased, molested, provoked, beaten, tortured, or otherwise harmed. When an animal has been declared to be vicious and a menace to the public’s health, the Health Department Director shall order the animal to be confined to the owner’s or person in possession’s property. However, the animal may be permitted to leave its owner’s or person in possession’s property when accompanied by a responsible adult and restrained on a leash. animal may be seized or impounded and the owner of said animal could be subject to a fine of not less than $100.00. The Program Manager or Animal Control Officer shall order the animal to be confined to its owner’s property. However, the animal may be permitted to leave its owner’s property when accompanied by a responsible adult, muzzled and restrained on a leash. The Program Manager may request an animal to be surrendered by its owner to Animal Services if it has violated items (1 and 5 of section B) (3) three or more times within a (12) twelve month period. 6. Public Nuisance: A. An Animal Control Officer, Animal Services Manager, General Services Director, or any other person permitted by this Ordinance or law may determine aAn animal may be determined by an Animal Control Officer to be a public nuisance when it commits any of the following acts: two or more times, or any combination of two or more of the following acts one or more times: 1. Habitually or repeatedly, without provocation, cChases, snaps at, attacks or otherwise molests pedestrians, bicyclists, motor vehicle passengers, farm HCBOC 091322 ws Pg. 194 County of Harnett – Animal Services Ordinance 12 | Page livestock, or domestic animals while off the owner’s or person in possession’s property; or 1.2. Habitually or repeatedly, without provocation chases, snaps at, attacks, or otherwise molests persons lawfully entering the owner’s or person in possession’s property, including but not limited to delivery drivers, contractors, government officials in the performance of their legal duties, licensees, guests, and invitees, even if the animal never leaves the property, except that this provision shall not apply if such animal is restrained by a leash, tether, pen, fence, or other secure enclosure. For purposes of this section, an underground electronic or “invisible” fence shall only be considered secure if it in fact contains the animal and a sign or other notification is present to alert others that the animal is restrained; or 2.3. Damages the real or personal property of anyone other than its owner or person in possession including, but not limited to, tTurnings over garbage pails, damaging gardens, flowers, shrubbery, trees, fences, gates, equipment, or vehicles, causing physical harm to domesticated pets or livestock,; or 3. Damages gardens or other foliage or other real or personal property; or 4. Habitually or continuously barks, whines, or howls in an excessive nature; or 5.4. Habitually or continuously loiters on school grounds or official county recreation areas; or 6.5. Habitually wWalks on or sleeps on automobiles of another person; or 7.6. Is not confined to a building or secure enclosure when in estrus; or 8.7. Habitually or repeatedly eEliminates on private property without the permission of the property owner; or 9.8. Is diseased or dangerous to the health of the public; or 10. Is housed or restrained less than five feet from a public street, road, or sidewalk and, in the discretion of the animal control officer, poses a threat to the general safety, health, and welfare of the general public; or Commits other acts that constitute a public nuisance. B. Violations 1. Determining Violations a. Animal Control Officer, Animal Services Manager, or Law Enforcement Officer: An Animal Control Officer, Animal Services Manager, or Law Enforcement Officer who observes a violation of this HCBOC 091322 ws Pg. 195 County of Harnett – Animal Services Ordinance 13 | Page Section shall provide to the owner or person in possession of the animal written notification of the nature of the violation(s) in the form of an Abatement Order that shall indicate that unless these violations are abated and measures taken to prevent their reoccurrence within twenty- four (24) hours or such lesser time as designated in the notice, the owner or person in possession shall be required to remove the animal from the County. b. Written Complaint: Upon receipt of a written detailed and signed complaint alleging a public nuisance violation, the Animal Services Manager shall cause the owner or person in possession of the animal in question to be notified that a complaint has been received and shall investigate the complaint and make written findings. If the written findings confirm a violation of this Section, the Animal Services Manager shall provide the owner or person in possession written notification of the nature of the violation(s) in the form of an Abatement Order that shall indicate that unless these violations are abated and measures taken to prevent their reoccurrence within twenty-four (24) hours or such lesser time as designated in the notice, the owner or person in possession shall be required to remove the animal from the County. 2. Failure to Abate Violation: If the public nuisance is not abated in accordance with the Abatement Order, then the Animal Services Manager shall notify the owner or person in possession in writing that the animal may be impounded, a civil penalty may be issued, and/or a criminal summons may be issued. 3. Animals Removed from the County: The owner or person in possession of any animal that has been removed from the County pursuant to this Section shall, within five (5) days after removal, inform the Animal Services Manager in writing of the animal’s present location, including the name, address, and telephone number of the animal’s new owner or person in possession. If the animal has been destroyed, the Animal Services Manager shall be informed of the name, address, and telephone number of the person who destroyed such animal. 4. Subsequent Violations: The Animal Services Manager may impound an animal if a third verified violation occurs within one year of any previous violations of this Section. 1.5. Right of Appeal. An owner or person in possession may appeal an Order of Abatement to the General Services Director within five (5) days of receipt of the Order. An owner or person in possession may appeal the General Services Director’s determination to the Dangerous Dog Committee in accordance with the procedures set forth in Section IX.3.B. 6.7. Injuring or Trapping of Animals: HCBOC 091322 ws Pg. 196 County of Harnett – Animal Services Ordinance 14 | Page A. No person shall set or expose an open jaw trap, leg hold trap, or any type of trap which would likely cause physical harm or injury to any animal. This provision shall not apply to persons licensed by the State to trap animals, to Animal Control Officers or to persons using live capture traps. 8. Teasing and Molesting Animals No person shall maliciously tease, molest, bait, or in any way bother any animal. 7.9. Diseased, Injured, or Sick Animals: N.C.G.S. 14-360 Any person owning or having any animal under his chargeowner or person in possession which he knows or suspects to be sick or injured shall isolate the animal and shall obtain or provide appropriate treatment for such animal within two (2) business days or have the animal humanely euthanized. 8.10. Animal Abandonment: N.C.G.S. 14-361.1 A. No person owner or person in possession shall abandon or cause to be abandoned, their dog, cat, or any other type of animal. B. No person shall take in their possession an animal they do not own and take the animal(s) to another to be or cause to be abandoned. 9.11. Tether Violation: N.C.G.S. 14-362.3 A. It shall be unlawful to tether an animal to a stationary object for a period of time or under conditions that an Animal Control Officer deems harmful or potentially harmful to the animal. Tethering may be allowed in certain cases if there is no sign of obvious neglect and the animal is not exhibiting health or temperament problems. B. Tether should shall have swivels on both ends to reduce entanglement. Choker chains, logging chains, chains no less than 15 feet in length, or prong (pinch) collars are prohibited while animal is tethered. Animal must be given access to adequate food, water and shelter while tethered. C. No owner or the person in possession shall have over three dogs chained or tethered on their property at any given time except that an owner or person in possession may have more than three hunting dogs chained or tethered on the property so long as such hunting dogs are provided adequate food, shelter, and water and other necessary provisions to ensure the health and safety of such dogs. This allows dogs to be in kennels or runs and does not limit the amount of dogs on the property. 9. “Dangerous” or Potentially Dangerous dog Violation: N.C.G.S. 67-4.1, 67-4.2, 67-4.3 Due to the dangerous conditions of these animals, any violation of this section HCBOC 091322 ws Pg. 197 County of Harnett – Animal Services Ordinance 15 | Page authorizes Animal Services immediate authority to impound the dog. This does not relieve the owner of any penalties or fees that result from impounding the animal. No owner of a dog deemed “dangerous” or “potentially dangerous” may violate the conditions required in keeping of said animal as listed in Section X of this ordinance. 12. Cruelty to Animals A. It shall be unlawful for any person to molest, torture, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The term "torture," "torment," or "cruelty" shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted. but such terms shall not be construed to prohibit lawful shooting of birds, deer, and other game for human food, nor to prohibit animal services or its agents or the humane society or veterinarians from destroying dangerous, unwanted, sickly or injured animals in a humane manner. B. It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions, or to fail to provide proper food and water at all times, adequate shelter, protection from the weather, reasonably clean quarters, and proper medical attention for sick, diseased, or injured animals as defined in G.S. 19A-23, as well as adequate inoculation against disease, according to the species of the animal kept. C. It shall be unlawful for any person to confine an animal in a motor vehicle under conditions that are likely to cause suffering, injury, or death to the animal due to heat, cold, lack of adequate ventilation, or under other endangering conditions. B.D. This Section shall not apply to the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission; agencies conducting biomedical research or training; lawful activities conducted for the primary purpose of providing food for human or animal consumption; lawful activities conducted for veterinary purposes; lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health; and the physical alteration of livestock or poultry for the purposes of conforming with breed or show standards. 13. Animal Fighting A. It shall be unlawful for a person to bait, instigate, promote, conduct, provide an animal for, or allow property under a person’s ownership or control to be used for any dog fights, cock fights, or other combat between animals. A.B. This Section shall not apply to the lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, the use of dogs in earthdog trials that are sanctioned or sponsored by entities approved by the Commissioner of Agriculture, and the use of dogs engaged in the working of domesticated livestock for agricultural, entertainment, or sporting purposes. HCBOC 091322 ws Pg. 198 County of Harnett – Animal Services Ordinance 16 | Page SECTION VII. RABIES CONTROL 1. Immunization: It shall be unlawful for any dog or, cat, or ferret owner or the person in possession to keep any such animal which is four months of age or older unless such animal has been immunized against rabies in accordance with North Carolina Statute with an approved rabies vaccine. This vaccine is to be administered by a licensed veterinarian or a certified rabies vaccinator. 2. Bites: A. When a person has been bitten by a dog, cat, or ferret, the person or parent, guardian or person standing in loco parentis of the person, and the owner or person in control of the animal shall immediately notify the Health Director and provide the name and address of the person bitten and the owner or person in possession of the animal. Wounds inflicted by any animal upon humans shall be reported immediately to the Animal Control Division or the Sheriff’s Office by the person who has been bitten, or in the case of a child his/her parent(s), guardian(s) or other responsible party. Physicians treating an animal bite wound shall report the incident to the Sheriff’s Department or Animal Control Health Director within twenty-four (24) hours of treatment. B. Every dog, or cat, or ferret that bites a human being and does not have a valid rabies vaccination tag shall be surrendered by its owner or person in possession to an Animal Control Officer upon request. The animal shall be confined for observation for no less than ten (10) days at the Harnett County Animal Shelter. The owner or person in possession shall be responsible for the cost of such confinement. C. Every dog or cat that bites a human being and has a valid rabies vaccination tag shall be surrendered by its owner or the person in possession to an Animal Control Officer upon request or to a licensed veterinary hospital, at the choice of the owner or person in possession, where the animal shall be confined for observation for not less than ten (10) days at a place designated by the Health Director. The owner or the person in possession shall be responsible for the cost of such confinement. An Animal Control Officer mayUpon review of the circumstances of the particular case, the Health Director may, at his discretion, permit the animal to be confined on the premises of the owner or the person in possession. only when, after personal inspection by the Officer, he/she determines that there is a suitable secure enclosure on the premises and that other circumstances warrant such action. The Health Director may authorize a dog trained and used by a law enforcement agency to be released from confinement to perform official duties upon submission of proof that the dog has been vaccinated for rabies in compliance with this Section. HCBOC 091322 ws Pg. 199 County of Harnett – Animal Services Ordinance 17 | Page D. In the case of stray animals whose ownership is not known, the supervised quarantine required by this section shall be at the Animal Shelter. If the owner or person in possession cannot be identified within seventy-two (72) hours of the event, the Health Director may authorize the animal be euthanized and the head of the animal shall be immediately sent to the State Laboratory of Public Health for rabies diagnosis. If the event occurs on a weekend or State holiday, the time period for owner or person in possession identification shall be extended twenty-four (24) hours. E. If evidence of rabies does not develop within ten (10) days after a dog, cat, or ferret is quarantined under this Ssection; the animal may be released from quarantine. If the animal has been confined at the Animal Shelter, the owner or the person in possession shall pay a redemption service fee plus a boarding fee upon reclaiming the animal. Fees will be approved by the Harnett County Board of Commissioners. 3. Animals Bitten by Rabid Animals: Any domestic animal bitten by a proven rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its owner or the person in possession, an Animal Services Control Officer or a Law Enforcement Officer, unless the animal has been vaccinated against rabies more than twenty-eight (28) days prior to being exposed, and is given a booster dose of rabies vaccine with five (5) days of the exposure, or the owner or the person in possession agrees to strict isolation of the animal at a veterinary hospital for a period of six months. 4. Management of Animals Exposed to Rabies When the Health Director reasonably suspects that a dog, cat, or ferret has been exposed to the saliva or nervous tissue of a proven rabid animal or animal reasonably suspected of having rabies that is not available for laboratory diagnosis, the animal shall be considered to have been exposed to rabies. The recommendations and guidelines for rabies post-exposure management specified by the National Association of State Public Health Veterinarians in the most current edition of the Compendium of Animal Rabies Prevention and Control shall be the required control measures. 4.5. Rabies Animals Testing Procedure: An animal diagnosed as having rabies by a licensed veterinarian shall be destroyed and its head sent to the State Laboratory of Public Health. The heads of all dogs and catsanimals that die during a confinement period required by this PartSection, shall be immediately sent to the State Laboratory for Public Health for rabies diagnosis. State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health SECTION VIII. UNLAWFUL KILLING, RELEASING, ETC. OF CERTAIN ANIMALS HCBOC 091322 ws Pg. 200 County of Harnett – Animal Services Ordinance 18 | Page 6. Unlawful Killing, Release, Etc. of Certain Animals: It shall be unlawful for any person to kill, subject to the provision of Section VII.C this Section, or release any animal suspected of having been exposed to rabies, or any animal biting a human, or to remove such animal from the County without written permission from the Animal Control Supervisor or DirectorServices Manager. SECTION IX. FAILURE TO SURRENDER ANIMAL FOR QUARANTINE 7. Failure to Surrender Animal for Confinement: A. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine confinement or destruction as required in this Section. If the owner or person in possession refuses to confine the animal as required by this Section, the Health Director may order seizure of that animal and its confinement for ten (10) days at the expense of the owner or person in possession. VII of this ordinance when demand is made therefore by an Animal Control Officer,. Supervisor, or Department Director. State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health SECTION VIII. RABIES VACCINATION TAG 1. Dogs shall wear rabies tags at all times. Cats and ferrets shall not be required to wear rabies tags; however, the owner or person in possession of a cat or ferret shall maintain records of rabies vaccination and provide such proof up request by an Animal Control Officer or the Animal Services Manager. 2. It shall be unlawful for any person to remove the rabies vaccination tag from any dog, cat, or ferret belonging to another person residing in Harnett County unless by the direction of the owner or person in possession. 3. Animal Control Officers shall canvass the County to determine if there are any dogs not wearing the required rabies vaccination tag. If a dog is found not wearing the required tag, the Animal Control Officer shall check to see if the owner’s or person in possession’s identification can be found on the dog. If the dog is wearing an owner or person in possession identification tag, or if the Animal Control Officer otherwise knows who the owner or person in possession is, the Animal Control Officer shall notify the owner or person in possession in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Control Officer within three (3) days of notification. If the dog is not wearing an owner or person in possession identification tag and the Animal Control Officer does not otherwise know who the owner or person in possession is, the Animal Control Officer may impound the animal pursuant to the provisions of Section X. 4. Before an owner or the person in possession is charged for violation of this rabies tag provision, the Animal Control Officer shall give the owner or person in possession the HCBOC 091322 ws Pg. 201 County of Harnett – Animal Services Ordinance 19 | Page opportunity to produce a rabies vaccination certificate to the Animal Control Officer showing the dog, cat, or ferret to have been properly vaccinated and if said certificate is produced no citation shall be issued. SECTION IX. DANGEROUS DOGS 1. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. A. “Dangerous dog” means: 1. A dog that without provocation has killed or inflicted severe injury on a person; or 2. Any dog owned or harbored primarily or in part for the purpose of dog fighting,or any dog trained for dog fighting. B. C.B. “Owner's real property” means any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development. D.C. “Potentially dangerous dog” means a dog that: 1. Inflicted a bite on a person that resulted in broken bones or broken skin or required cosmetic surgery or hospitalization; 2. Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or 3. Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. E.D.“Injury” means any physical injury that result in medical treatment exceeding the cost of $100.00. F.E. “Severe Injury” means any physical injury that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization. G. General Services Appointed Review Committee three-member committee appointed by the General Services Director to complete a record review to HCBOC 091322 ws Pg. 202 County of Harnett – Animal Services Ordinance 20 | Page determine when a complaint of dangerous dog or potentially dangerous dog is founded. 2. Can be appealed by either complainant or dog owner H.F. “Dangerous Dog Committee”: A three-member appellate review committee appointed by the Harnett County Board of Commissioners that hears appeals from the for General Services Appointed Review Committee.. 2. Appointed by Harnett County Board of Commissioners. 2. Exclusions. The provisions of this article do not apply to: A. A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties; B. A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a lawful hunting dog, herding dog or predator control dog on the property of or under the control of its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or C. A dog where the injury was inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing or assaulting the dog; or had tormented, abused or assaulted the dog; or was committing or attempting to commit a crime. 3. Procedure. A. A witness of an alleged dangerous dog or potentially dangerous dog, including an animal control officer or law enforcement officer, or a victim of an alleged dangerous or potentially dangerous dog may file a Dangerous Dog Hearing Request form to have the dog declared dangerous or potentially dangerous. The General Services Appointed Review CommitteeDirector will be responsible for reviewing the form and making a determining determination as to whether when a dog is a dangerous or potentially dangerous dog. When making the determination that a dog is a dangerous dog or a potentially dangerous dog, animal services must notify the owner or person in possession in writing, giving the reasons before the dog may be considered dangerous or potentially dangerous under this article. The committee General Services Director shall consider any written response by the owner or person in possession to the written notification. If there is a split decision, the director or his designee will make the final determination. Once a decision has been made, the owner or person in possession must provide animal services with a current address where the dog will be housed, notify animal services within forty- eight (48) hours of any change in address of the owner or person in possession or HCBOC 091322 ws Pg. 203 County of Harnett – Animal Services Ordinance 21 | Page the dangerous dog, and follow all state laws and County ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision rendered or no appeal is requested.; and the decision is final. B. The owner or person in possession may appeal the determination of a dangerous dog or potentially dangerous dog to the Dangerous Dog Committee . Notice of appeal is by filing written objections with the Dangerous Dog Committee within ten (10) business days after receiving written notice, together with such appellant's filing fees as may be established by the Harnett County Board of Commissioners. The Dangerous Dog Committee shall schedule a hearing of said appeal and the dog owner or person in possession and complainant will be notified of the hearing date ten (10) business days prior to said hearing. Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of the Dangerous Dog Committee shall be taken to Harnett County Superior Court by the owner or person in possession filing a notice of appeal and a petition for review within ten (10) business days from the final decision of the Dangerous Dog Committee. The appeal shall be heard de novo before a superior court judge sitting in the County. C. Appeals from ruling of the Dangerous Dog Committee shall be heard in the Harnett County Superior Court. The appeal shall be heard de novo before a superior court judge sitting in the County. 4. Precautions against attacks by dangerous or potentially dangerous dogs. A. If so ordered in the determination made pursuant to Section XIX. 3, it is unlawful for an owner or person in possession to: 1. Leave a dangerous dog or potentially dangerous dog unattended on the owner's or person in possession’s real property unless the dog is confined indoors, or in a securely enclosed and padlocked pen with a concrete bottom and a secure top, along with the posting of the premises with four clearly visible warning signs adequate to inform the public, including children, of the presence of a dangerous dog, and strategically placed on the property as designated by the appropriate County authority. 2. Permit a dangerous dog or potentially dangerous dog to go beyond the owner's or person in possession’s real property unless the owner or guardian person in possession has the dog leashed and the leash in hand and the dog muzzled or otherwise securely restrained and muzzled. 3. Even in the presence of an owner, person in possession, or others, permit a dangerous dog or potentially dangerous dog on the owner's or person in HCBOC 091322 ws Pg. 204 County of Harnett – Animal Services Ordinance 22 | Page possession’s property, not confined in a secured enclosure, to be without a muzzle. In the Section X.3making a determination pursuant to Section IX.3, any of the measures included in this section may be waived by the committee General Services Director or the appellate boardDangerous Dog Committee, or other similar measures or conditions may be substituted in their place. B. Within seven (7) days after a dangerous dog or potentially dangerous dog determination becomes final, the owner or person in possession must have the dangerous dog or potentially dangerous dog tattooed with an identification number or micro-chip identification as directed by the animal control managerAnimal Services Manager on the inside of the right hind leg or micro chipped in the standard location between the shoulder blades. Within thirty (30) days, the dog must be surgically sterilized. Within seventy-two (72) hours of the death of a dangerous dog or potentially dangerous dog, the owner or person in possession of the dog shall provide written notification of the dog's death to Harnett County Animal Services the animal services. If the dog's body is not available, the notification shall fully identify the dog and shall bear the notarized signature of the owner or person in possession and a licensed veterinarian, all attesting to the dog's death. C. If the owner or person in possession of a dangerous dog or potentially dangerous dog transfers ownership or possession of the dog to another person, the owner or person in possession shall provide written notice within forty-eight (48) hours to: 1. The Harnett County Animal Services and, if declared dangerous or potentially dangerous by another County or municipality, the authority that made the such determination under this article, stating the name and address of the new owner or possessor of the dog; and 1.2. The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's dangerous dog or potentially dangerous dog determination.. D. The person taking ownership of the dog shall notify animal servicesHarnett County Animals Services within forty-eight (48) hours of the dog's change of address and their knowledge of the committee's dangerous dog or potentially dangerous dog determination. E. Violation of this Ssection is a class 3 misdemeanor. punishable by a fine not to exceed $500.00 or imprisonment for not more than 30 days or both. 5. Violation of conditions; Euthanasia HCBOC 091322 ws Pg. 205 County of Harnett – Animal Services Ordinance 23 | Page A. A. Animal Services may take possession of any dog concerning whom it has cause to believe an owner or person in possession has violated Section XIX.4. For this purpose, the requirements for sufficient cause shall be satisfied if a n law enforcement officer or Animal Control Oofficer observes the violation or if animal Animal Services services obtains an affidavit receives an affidavit setting forth the violation. 1. If Animal Services receives an affidavit and there is a probable cause to believe a violation has occurred, Animal services may impound the dog and investigate the complaint. 2. In the event that a dog, which has been determined dangerous or potentially dangerous, receives a final determination that the conditions imposed pursuant to Section X.4, the dog must be surgically sterilized. Upon a finding by the Animal Services Manager that the owner or person in possession willfully or negligently violated Section IX.4, Animal Services may seize the dog and issue the owner or person in possession a notice of intent to euthanize the dog within five (5) days. 3. If the Animal Services Manager determines the owner or person in possession did not violate Section VIII.4, the owner or person in possession shall have five (5) days upon notification from Animal Services to redeem the dog. If the owner or person in possession fails to reclaim the dog, the dog may be disposed of in accordance with this Ordinance. 2.4.The Animal Services Manager, in their sole discretion based on the nature and severity of the violation of Section IX.4, may release the dog back to the owner or person in possession if the Animal Services Manager is reasonably assured that the dangerous or potentially dangerous dog will be properly confined on the premises of its owner or person in possession. Such a determination does not absolve the owner or person in possession of any fees, fines, or penalties associated with the violation. B. The owner or person in possession of a dog that has been seized for violation of Section VIII.4 and issued a notice of intent to euthanize the dog, may appeal the decision to the General Services Director prior to the date set forth in the notice of intent to euthanize. The owner or person in possession may appeal the General Services Director’s determination to Appeals from rulings of the Dangerous Dog Committee by filing their written objections in accordance with the procedures set forth in Section IX.3.B. Appeals of the Dangerous Dog Committee shall be heard in the Harnett County Superior Court. The appeal shall be heard de novo before a superior court judge sitting in the County. C. The owner or person in possession of a dog that has been deemed dangerous or potentially dangerous that attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) shall be guilty of a Class 1 misdemeanor. HCBOC 091322 ws Pg. 206 County of Harnett – Animal Services Ordinance 24 | Page D. Nothing in this article shall prevent a private citizen from bringing an action against the owner or person in possession of a dog which has caused injury to a person, their property, or another animal for damages, injuries, or any other loss resulting from the dog being dangerous or potentially dangerous. N.C.G.S. 67-4.1, 67-4.2, 67-4. SECTION XI. SEIZURE AND IMPOUNDMENT OF ANIMALS 1. 1. Power of Seizure and Impoundment: N.C.G.S. 19A – 70 A. A. Animal Control Officers The Animal Services Officer and other law enforcement officers are empowered to seize and impound the following: 1. Any animal determined to be vicious or a public nuisance under the provisions of this Ordinance. 2. Any animal which has been found to be a victim of cruel treatment as determined by the an Animal Services Control Officer, or Program ManagerAnimal Services Manager. 3. Any wild or exotic animal determined to be held in violation of the provisions of this Ordinance. 4. Any dog or cat, cat, or ferret appearing not to be in compliance with the rabies control provisions of this Ordinance. 5. Any animal running at large or which appears to be lost or strayed. 6. Any dog that has been deemed dangerous or potentially dangerous and is suspected of violating conditions set forth in Article IX.4. 4.7. Any animal that is in need of life-saving medical assistance or if the conditions pose an imminent threat of death or severe injury to the animal. B. Impoundment of such animal shall not relieve the owner, or the person in possession, thereof from any penalty which may be imposed for violation of this Oordinance. 2. Dead Animals: N.C.G.S. 106-403 Animal Services Control Officers shall not be required to pick up dead animals. 3. Dangerous Conditions: Animal Services Control Officers shall not be required, in the process of seizing or impounding animals, to place themselves in a situation which may jeopardize their health or safety. HCBOC 091322 ws Pg. 207 County of Harnett – Animal Services Ordinance 25 | Page 4. Notification to Owners or the Person in Possession: Upon impoundment, the Animal Services Control Officer shall make a reasonable, diligent attempt to determine the ownership of the impounded animal, if not already known, and to notify the owner or the person in possession of the impoundment impounded animal and the procedures for redemption according to the provisions of this Oordinance. 5. Impoundment Time Periods: N.C.G.S. 19A-32.1 A. Impounded animals shall be held for the following periods of time: 1. Impounded stray animals shall be held for seventy-two (72) hours before becoming available for adoption or euthanasia. 2. In appropriate cases, the Animal Services ManagerOfficer may, at his/her discretion, extend the three (3) day holding period. 3. In appropriate cases, e.g., for animals which are badly wounded or diseased with a highly contagious disease such as distemper or parvovirus, the Animal Services Officer Manager may use his/her discretion to reduce the three (3) day holding period and to euthanize the animal immediately or at such appropriate time as determined by the Program ManagerAnimal Services Manager. B. After the holding period, animals may be disposed of by the following methods: 1. By adoption. 2. By sale pursuant to the provisions of Section XI of this Ordinance. 3. Euthanasia by injection or by a humaneBy humane euthanasia. 4. Public auction. SECTION XII. REDEMPTION OF ANIMALS N.C.G.S. 130A-192 1. During the time an animal is impounded at the Animal Shelter it shall be available for redemption by the owner or the person in possession unless the animal is under quarantine under the provisions of this Ordinance or if the animal was impounded due to cruel treatment. A redemption service fee shall be charged each time an animal is redeemed plus a boarding fee per day. Fees will be approved by the Harnett County Board of Commissioners. If the owner or the person in possession of an impounded animal can be identified and if the owner or the person in possession chooses not to redeem his/her animal, the Program ManagerAnimal Services Manager may charge said owner or the person in possession for the animal’s boarding and veterinarian costs. In HCBOC 091322 ws Pg. 208 County of Harnett – Animal Services Ordinance 26 | Page order to recover said boarding and veterinarian costs, the Program ManagerAnimal Services Manager may adopt or euthanize an impounded animal, if the owner or the person in possession cannot be identified or if the owner or the person in possession refuses to redeem the animal pursuant to the provision of. 2. Any person attempting to redeem an impounded animal shall present proof sufficient to satisfy the Animal Services Manager or other Animal Services personnel of ownership of the animal. Evidence of ownership may include, but is not limited to, the following: A. A valid animal license from Harnett County or another county; B. A valid rabies tag for the animal; C. Ownership documents, pedigree papers, bill of sale, or any other document identifying the person as the owner or person in possession of the animal; or A.D. Photographs of the animal with the person claiming ownership or possession of the animal. SECTION XIII. RABIES VACCINATION TAG 1. Dogs and cats shall wear rabies tags at all times. 2. It shall be unlawful for any person to remove the rabies vaccination tag from any dog or cat belonging to another person residing in Harnett County unless by the direction of the owner or the person in possession. 3. The Animal Services Officer shall canvas the County to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If a dog or cat is found not wearing the required tag, the Animal Services Officer shall check to see if the owner’s or the person in possession’s identification can be found on the animal. If the animal is wearing an owner or the person in possession identification tag, or if the Animal Services Officer otherwise knows who the owner or the person in possession is, the Animal Services Officer shall notify the owner or the person in possession in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Services Officer within three (3) days of notification. If the animal is not wearing an owner or the person in possession identification tag and the Animal Services Officer does not otherwise know who the owner or the person in possession is, the Animal Services Officer may impound the animal under the provision of Section XI. (N.C.G.S. 130A-192) 4. Before an owner or the person in possession is charged for violation of this rabies tag provision, the Animal Services Officer shall give the owner or the person in possession the opportunity to produce a rabies vaccination certificate to the Animal Services Officer HCBOC 091322 ws Pg. 209 County of Harnett – Animal Services Ordinance 27 | Page showing the dog or cat to have been properly vaccinated and if said certificate is produced no citation shall be issued. State Law reference— G.S. 130A-34 et seq.; G.S. 130A-185 et seq.; provision of local health SECTION XIIV. INHERENTLY DANGEROUS EXOTIC WILD AND EXOTIC ANIMALS N.C.G.S. 14-416, 14-417, 14-417.1, 14-417.2, 14-418, 14-419 1. At no time may any person, firm, partnership, or corporation or persons harbor, keep, shelter, lodge, feed, or take care of an inherently dangerous exotic mammalwild or exotic animal within Harnett County. Inherently dangerous wild animals and exotic animals include all felines (other than domesticated house cats), nonhuman primates, bears, wolves, coyotes, reptiles (poisonous, crushing, and giant), and any crossbreed of such animals which have similar characteristics of the animals specified herein. A. An inherently dangerous exotic mammal is any member of the canidea, felidae, or ursidae families, including hybrids thereof, which due to their inherent nature, may be considered dangerous to humans. i. Felidae include any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, or any hybrids of such felidae, but not including domestic cats (Felis Catus). ii. Ursidae include any member of the bear family, or hybrids of such ursidae. 2. At no point in time may any person or persons harbor an inherently dangerous reptile. A. Inherently dangerous reptile is any member of the class reptilian which is venomous or is a member of the order of Crocodilian (crocodiles, alligators, and caiman). i. A venomous reptile shall include all members of the families Helodermidae (gila monsters and Mexican bearded lizards), Viperdae (vipers), Crotalidae (pit vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and Elapidae (cobras, coral snakes, and their allies), as well as any “rear fanged” snakes of the family Colubride that are known to be dangerous to humans (including, but not limited to Dispholidus typus (boom slang), Thebtornis kirtlandii (twig snake) and Rhabdophisspp (keel backs). Owner or person in possession of an inherently dangerous exotic mammal or inherently dangerous reptile is any person or persons, regardless of ownership, who allows an inherently dangerous exotic mammal or inherently dangerous reptile to remain, lodge, or be fed or to be given shelter or refuge within the person’s home, store, yard, enclosure, outbuilding, abandoned vehicle or building, place of business, or other premises in which the person resided or over which the person has control. 3.2. Exceptions. This Section does not apply to: HCBOC 091322 ws Pg. 210 County of Harnett – Animal Services Ordinance 28 | Page A. Veterinarian clinics or other state or federally licensed wildlife rehabilitators in possession of such mammals or reptileswild or exotic animals for treatment or rehabilitation purposes. B. Any institute or organization, which exists primarily to educate the public in the areas of science and nature; which receives or has received financial support from federal, state, and/or local governments; which has a paid membership open to and composed of members of the general public; which is directed by a Board of Directors or similar body elected by the membership; and which has been declared a 501(c) (3) exempt organization by the Internal Revenue Services. C. Non-resident circuses for no longer than one (1) seven (7) day period, per each separate location where such circus is held within the County, per calendar year. D. Non-resident carnivals for longer than one (1) seven (7) day period, per each separate location where such carnival is held within the County, per calendar year. E. Persons temporarily transporting such mammals or reptiles through the County, provided that such transit time shall not be more than 24 hours. 4.3. Impoundment: A. Any inherently dangerous wild or exotic animal exotic mammal or inherently dangerous reptile which is harbored, kept, sheltered, lodged, fed, or taken care of within Harnett County by any person in contravention of the above listed statements of this Section may be impounded by the an Animal Services Control Officer for the protection and health of the animal and/or the protection of the public. Whenever possible, the Animal Services Control Officer shall impound the animal wild or exotic animal or reptile in the presence of its owner or the person in possession; however, if such is not practicable, then the Animal Services Control Officer may impound such animal wild or exotic animal or reptile consistent with the provisions of this Section. B. If an animal or reptile wild or exotic animal is impounded pursuant to this Section, the owner or the person in possession of the animal or reptile shall be notified by the Animal Services Control Officer as soon as possible. C. Any animal or reptilewild or exotic animal impounded pursuant to this Section will be held three (3) days for the owner or the person in possession to claim pursuant to subsection 3(D) of this Section, but if the animal wild or exotic animal or reptile cannot be impounded safely by the Animal Services Control Officer or if proper and safe housing cannot be found for the animal wild or exotic animal or reptile, the Animal Services Control Officer can immediately euthanize the animal wild or exotic animalor reptile. D. The owner or person in possession of the animal wild or exotic animal or reptile can reclaim the animal wild or exotic animalor reptile if the person satisfies the Program ManagerAnimal Services Manager of the Animal Services Department that a safe HCBOC 091322 ws Pg. 211 County of Harnett – Animal Services Ordinance 29 | Page transfer of the animal or reptilewild or exotic animal to an appropriate location outside of the County has been arranged. E. If no owner or the person in possession can be located or will claim the animal wild or exotic animal or reptile within three (3) days after impoundment, the Animal Services Department may, adopt, or euthanize the animal wild or exotic animalor reptile may be adopted or euthanized at the discretion of the Program ManagerAnimal Services Manager. F. All costs of impoundment and care of the animal wild or exotic animal or reptile will be charged to its owner or the person in possession regardless of whether the animal wild or exotic animal or reptile is claimed by or returned to said owner or the person in possession. In the event the animal wild or exotic animal or reptile is reclaimed, such costs shall be paid in full prior to the owner or the person in possession reclaiming the animal wild or exotic animal or reptile pursuant to Subsection 3(D) of this Section. SECTION XIIIV. PENALTIES 1. Misdemeanor: Notwithstanding any civil penalties outlined herein, any person violating any provision of this Ordinance constitutes a may be guilty of a Class 2 misdemeanor and shall be punishable as provided under North Carolina General Statutes §14-4.153A.123 (N.C.G.S. 153.123) or any other applicable section for misdemeanor sentencing. Each day’s continuing violation shall constitute a separate offense. For a continuing violation, each day’s violation may be deemed to be a separate offense. 2. Equitable Remedies: This Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. 3. Civil Penalties In addition to other remedies for violations of this Ordinance, the Animal Control Program managerServices Manager or any person authorized by him/her may issue to the known owner, or the person in possession or control of said animal, a citation giving notice of the violation of this Ordinance. Any such official shall be authorized to secure the name and address and birth date of the owner or the person in possession of the animal in violation. Citations issued may be delivered in person or mailed by registered or certified mail to the person charged if he/she cannot otherwise be readily located. Any such citation shall impose upon the owner or the person in possession a civil penalty approved by theof $100.00 per animal for the first violation, $200.00 for the second violation, and $400.00 for the third and any subsequent violation. Harnett County Board of Commissioners. Said penalties must be paid within twenty (20) consecutive days to the County Department of General Services or Harnett County the Animal Services. Shelter. In the event the owner or the person in possession of the HCBOC 091322 ws Pg. 212 County of Harnett – Animal Services Ordinance 30 | Page animal or violator does not appear in response to the above described citation, or if the applicable penalty is not paid within the time prescribed, a criminal summons shall be issued against the violator or owner or the person in possession or person having custody of the animal in violation of this Ordinance, and upon conviction, the violator or owner or the person in possession of the animal shall be punished as the court prescribes under Section XVXIII.1. SECTION XVIXIV. SEVERABILITY If any part of this Ordinance or portion of any provision thereof, or the application thereof to any person or condition, is held invalid, such invalidity shall not affect other parts of this Ordinance or their application to any other person or condition, and to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION XVII. CONFLICT If so far as the provisions of this Ordinance are inconsistent with the provisions of any other law except a provision of state or federal law, the provision of this Ordinance shall control. SECTION XVIII. APPLICATION TO MUNICIPALITIES 1. Authority in Municipalities: Animal Services Control Officers shall have no authority to enforce this Ordinance within the boundaries of any municipality unless the governing body of the municipality negotiates an agreement authorizes the enforcement of this Ordinance within its boundaries or the County and municipality enter into an interlocal agreement with Harnett County regarding the enforcement of the provisions of this Ordinance within the municipality, and repeals any inconsistent ordinance.to enforce the municipality’s ordinance. 2. Non-Enforcement of Inconsistent Ordinances: The An Animal Services Control Officer shall be prohibited from enforcing the provisions of any ordinance or municipal law not adopted according to the provisions of this Ordinance. SECTION XVIIIX. EFFECTIVE DATE This ordinance shall be in effect from and after November 15, 1993. Amended December 4, 1995 Amended January 6, 1997 Revised May 6, 2002 Revised April 17, 2006 HCBOC 091322 ws Pg. 213 County of Harnett – Animal Services Ordinance 31 | Page Revised June 4, 2018 Revised ______ 2022 THE HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Wheeler, Clerk to the Board NORTH CAROLINA HARNETT COUNTY ACKNOWLEDGEMENT I, a Notary Public of the County and State aforesaid, certify that Personally appeared 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 Margaret Wheeler 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 Clerk and the County’s seal affixed thereto, all by authority of the Board of Commissioners of said County, and said acknowledge said instrument to be the act and deed of Harnett County. Notary Public My Commission expires: HCBOC 091322 ws Pg. 214 S:\Clerk to the Board docs\AGENDAS\2022\091322 ws\15.1 Agenda Form - RESOLUTION TO MODIFY THE CASH DEPOSIT SCHEDULE OF BRANCH LIBRARIES.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: September 19, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Modified Cash Deposit Schedule for Branch Libraries REQUESTED BY: Kimberly Honeycutt REQUEST: Board to consider adopting the attached resolution modifying the cash deposit requirements of the Harnett County Library branches pursuant to §GS 159-32. FINANCE OFFICER’S RECOMMENDATION: Adoption of attached resolution. COUNTY MANAGER’S RECOMMENDATION: Item 15 HCBOC 091322 ws Pg. 215 A RESOLUTION TO MODIFY THE CASH DEPOSIT SCHEDULE OF BRANCH LIBRARIES HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, §GS 159-32 authorizes the Harnett County Board of Commissioners to allow cash collection sites in County Government to retain funds overnight and not make daily deposits so long as no site has on hand collected cash exceeding $500; and WHEREAS, the Harnett County Library has recently expanded to include four additional branch locations located throughout the county; and WHEREAS, each of these locations may go days if not weeks before they accumulate cash collections more than $500; and WHEREAS, the Harnett County Library system is “fine free” and most of their cash collections are for the cost of prints, faxes, and replacement library cards which on average total up to less than $5.00 daily, and WHEREAS, the Harnett County Library wishes to limit the unnecessary cost of transporting small amounts of funds to the office daily; and WHEREAS, the Harnett County Finance Officer agrees to a modified deposit schedule as outlined below. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that the library branch locations are not required to make daily deposits so long as no branch has on hand collected cash exceeding $100.00. All money must continue to be maintained in a secure location in a manner approved by the Finance Officer and all branches will at a minimum make a weekly deposit of funds regardless of the amount. Adopted by the Harnett County Board of Commissioners in regular session, this _19th_ day of _ September___ 2021. HARNETT COUNTY BOARD OF COMMISSIONERS By: ___________________________________________ Lewis W. Weatherspoon, Chairman Attest: _____________________________________ Melissa D. Capps, Clerk HCBOC 091322 ws Pg. 216 Item 16 HCBOC 091322 ws Pg. 217 HCBOC 091322 ws Pg. 218 HCBOC 091322 ws Pg. 219 HCBOC 091322 ws Pg. 220 HCBOC 091322 ws Pg. 221 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS BOARD: .h)y {UJe.-H L6uniy Pion/) ;ns Bo(,frJ NAME: 5 Coit �-f ADDRESS: 7:J. L./7 LIS Hwy l./o I A/or/A .&f;iJ.41 v�lf,',#11-A/C 271)� j VOTING DISTRICT: (Please check district number �ch you live): /_o, .. , ,1c /J)eq,«(/ r�.,JD District 1, CommissionerMcKoy's � District 4, Commissioner Springle's v.v,.;;) D District 2, Commissioner Elmore's D District 5, Commissioner Miller's D District 3, Commissioner Penny's TELEPHONE: (HOME) (WORK) PRESENT OCCUPATION: {)WAie£. 6.reuer C/e-1}1/ YEARS OF FORMAL EDUCATION: _ __,_/_)_ ________________ _ CIVIC AND FRATERNAL ORGANIZATIONS IN WIDCH YOU HA VE PARTICIPATED: ,:::-:1:n �54,,AI, 2 �-,+, I,;' W'J PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: i!!ltJi,,,. it:.� CZ·lt/1.£1t.�:h 0t, -/;_�iJX?k.'i / .£\1 ( l('. 0. DATE, Q"}.la;;./�;;,, S!GNATURE,MD r I -.7...,,,_-=---=-c"'t,"------------- **************************************** FOR OFFICE USE ONLY: DATE RECEIVED: ------------------------- DATE FORWARDED TO COUNTY COMMISSIONERS: _____________ _ HCBOC 091322 ws Pg. 222 HCBOC 091322 ws Pg. 223 HCBOC 091322 ws Pg. 224 HCBOC 091322 ws Pg. 225 HCBOC 091322 ws Pg. 226 HCBOC 091322 ws Pg. 227 HCBOC 091322 ws Pg. 228