(A)   General. Any land to be developed that does not meet the requirements of this chapter shall be prohibited. In reviewing such development, the reviewing body shall be guided by an analysis of available data on topography, soils, floodplains, drainage, and ground and surface water. Improvements shall be installed in accordance with the requirements and standards set forth in this chapter and other specifications and policies of the county. All improvements shall be inspected and approved by the Administrator in conjunction with any other county department, or state or federal agency, as may be required.

   (B)   Other approvals as necessary. It shall be the responsibility of the developer(s) to obtain required applications, permits, and other approvals from local, state, and federal agencies as necessary. Failure to obtain such may result in delay of development approval.

   (C)   Improvements and projections in right(s)-of-way. No improvements other than driveways, sidewalks, and landscaping shall be permitted within the limits of projected right(s)-of-way as specified in the county’s comprehensive transportation plan. No private signs or other structures shall project beyond an imaginary line drawn ten feet from and, parallel to, the outer edge of the public or private right(s)-of-way

(Ord. passed 10-17-2011)

   (A)   Comprehensive transportation plan.

         (a)   All such development located adjacent to a corridor identified by the CTP for future widening shall include building setbacks measured from the future right(s)-of-way identified, in order to accommodate future street widening. Existing nonresidential lots of less than one acre in size shall be exempt from this requirement.

         (b)   Land area necessary for future right(s)-of-way, shall be determined as identified by NCDOT plans where as available, or otherwise by applying half of the right(s)-of-way width recommended in the county’s comprehensive transportation plan (CTP) along each side of the thoroughfare’s existing edge of right(s)-of-way or centerline alignment, whichever is applicable.

   (B)   Design standards. The design of all streets and roads within the jurisdiction of this chapter shall be in accordance with the accepted policies of NCDOT. The most current edition of NCDOT, Division of Highways’ Subdivision Roads Minimum Construction Standards shall apply for any subdivision created in compliance with this chapter. All streets shall have a minimum ten-foot pavement width per lane, unless otherwise stated by this chapter. When not outlined in Subdivision Roads Minimum Construction Standards, a minimum 12-foot pavement width per lane shall be required. The location of utilities and sidewalks shall be considered in the layout of the street system and selection of a right-of-way width.

   (C)   Connectivity.

      (1)   Connection to strategic highway corridors. Projects located along strategic highway corridors, as defined by NCDOT, shall follow this part, in conjunction with NCDOT regulations. Every effort shall be made to provide alternative access to a public right-of-way not designated as a strategic highway corridor, if one is available.

      (2)   Access to adjacent properties. 

         (a)   Where, upon the recommendation of the Development Review Board, it is desirable to provide for street access to adjoining property, proposed streets shall be extended, dedicated, and where appropriate, constructed to the boundary of such property. It is the intention of this section to promote the orderly development of a local street system that provides interconnection between developed or developing properties.

         (b)   Connections shall be required where any of the following are met. Additionally, all stub streets shall be designed and where required to be built, constructed in accordance with the appropriate standards as delineated in this chapter:

            1.   Where the zoning and/or land use on the adjoining property are compatible with the proposed subdivision. For purposes of this section, compatible land use shall mean any residential to residential land use or nonresidential to nonresidential land use;

            2.   Where there are no natural or man-made barriers that make the street extension impractical;

            3.   Where the street extension will result in desirable traffic flows and patterns and where inappropriate levels of through traffic are avoided; and/or

            4.   Where the street extension will promote the overall orderly development of the area.

      (3)   Nonresidential lateral/cross access. All new nonresidential development, specifically commercial development, shall provide lateral or cross access to adjacent property which is either existing nonresidential use or zoned nonresidential, or if the adjacent property is undeveloped. When located adjacent to residentially zoned and used property, a cross access easement shall be provided to provide for future connectivity. In the review process, lateral access shall be displayed and labeled clearly by showing the appropriate connections.

      Lateral access through interconnected parking lots:

   (D)   Curb and gutter. All curb and gutter sections shall be concrete and meet Division of Highways Standards. In the instance where redevelopment is taking place of an existing use, such as manufactured home parks or other similar uses with an existing street system in place that is currently utilizing asphalt curb and gutter that is built to NCDOT standards, then asphalt curb and gutter may be allowable upon approval by the Development Review Board. Further, all new street additions to the development may also be allowed to continue to use the asphalt curb and gutter in order to make the development consistent in appearance throughout as long as the total linear feet of new street additions does not exceed the total linear feet of the existing street system. All neo-traditional designed lots shall conform to NCDOT Traditional Neighborhood Development Guidelines.

   (E)   Subdivision street disclosure statement.

      (1)   All streets shown on the final plat shall be designated as public or private. Designation as public shall be conclusively presumed to be an offer of dedication to the public. Where streets are dedicated to the public but not accepted into the state-maintained street system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. Designation as private shall be conclusively presumed to be a private street.

      (2)   Where streets are designated as private, a full disclosure of the status of the street and maintenance responsibilities is required and these listed items shall run with the land.

      (3)   Where easements provide required access, they shall meet all applicable standards. Ingress and Egress easements with more than two lots will provide a continued maintenance agreement and shall be approved by the Planning Director or designee and recorded with the county’s Register of Deeds in a legally valid and binding instrument that describes the method of maintenance, who will be responsible for maintenance, and the properties which the easement access way serves. See § 153.154 for further information.

   (F)   Subdivision entrances.

      (1)   Residential subdivisions.

         (a)   All developments of more than 200 residential units or additions to existing developments that increase the total number of residential units to 200 or more shall provide vehicular access to at least two public streets. In cases where the property being developed is adjacent to more than one state road, it is encouraged that the required entrances be located on separate state roads. The Planning Board, at the developer’s request, may determine that topography, natural features, or the pattern of the existing adjacent development makes such provision impractical.

         (b)   A maximum of two entrances per major subdivision are allowed unless additional entrances are approved by the county’s Planning Board. The Planning Board may grant additional entrances if it is determined, via applicant justification, that the additional entrances will increase the public health, safety, and/or general welfare.

      (2)   Nonresidential subdivisions. Nonresidential subdivision developments shall not exceed the number of driveways/entrances permitted by NCDOT.

   (G)   Blocks. Blocks shall be laid out with special attention given to the type of use contemplated.

      (1)   Block lengths shall not exceed 1,400 feet or be less than 400 feet.

      (2)   Blocks shall have a sufficient width to allow two tiers of lots of minimum depth. Blocks may consist of single tier lots where such are required to separate residential development form through vehicular traffic or nonresidential uses.

   (H)   Type of streets required. All subdivision lots shall abut a street designated as either public or private. All public or private streets shall be built to the standards of this chapter and all other applicable standards of the county and NCDOT.

      (1)   Public streets. Public streets, which are eligible for acceptance into the state-maintained road system, shall be put on such system. Streets which are not eligible to be put on the State Highway System, because there are too few lots or residences, shall be in accordance with the standards in this chapter, or standards necessary to be put on the State Highway System.

      (2)   Private streets. Private streets shall be specifically allowed within planned unit developments, condominium, and townhome developments. All other developments proposing to have private streets and/or gated entrances shall require Planning Board approval and may be subject to further conditions regarding safety and/or connectivity. Additionally, all projects are subject to reasonable and appropriate safety measure deemed necessary by the Development Review Board under the following conditions.

         (a)   Where private streets are provided in developments with lots or units for sale, such streets shall be designated as part of areas held in common and under ownership of a homeowners association with maintenance provisions.

         (b)   All private streets shall be constructed or improved to NCDOT standards and certification of construction must be submitted as the final plat stage by a professional licensed engineer.

         (c)   The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchaser of a newly created lot served by a private street shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road.

         (d)   All private streets shall be constructed within a public utility easement and shall be recorded as such, for the purpose of service and maintenance of public utilities with those right(s)-of-way. In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities must also be provided.

         (e)   1.   All gated private streets shall be approved by the Fire Code Official prior to construction or installation of any such gates and related equipment and systems.

            2.   Gates shall be constructed and installed in compliance with county regulations.

            3.   Adequate distance between the driveway from the state road and the actual gated entrance shall be allowed for stacking of vehicles.

 

 

   (I)   Marginal access streets. It is the intent of this regulation, in accordance with NCDOT, to limit access onto principal arterial streets where appropriate, in order to maintain the traffic capacity and encourage smooth traffic flow. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial. Marginal access streets shall be built to the minimum requirements as stated in division (M)(3) below.

   (J)   Dead-end streets and cul-de-sacs.

      (1)   Dead-end street length and width. 

         (a)   A permanent dead-end street shall not exceed 2,500 feet in length measured from the centerline of its beginning point on a through street to the centerline of its end in the center of the turnaround of the cul-de-sac or the centerline at the end of a temporary turnaround. Stub out streets or intersecting cul-de-sacs shall not be points of measurement for dead-end streets.

         (b)   Cul-de-sacs shall have a minimum 35-foot pavement radius and should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the Development Review Board. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround.

      (2)   Temporary turn-arounds. Temporary turn-arounds may be required when located at the dead-end of a street meant for future connection, stub-streets, or as required by the Fire Code Official. Streets of less than 150 feet in length shall not be required to meet the regulations of this section.

         (a)   In cases where a temporary turn-around is permitted to facilitate future connections or development, the last lots on the proposed street shall be wide enough to accommodate the temporary turn-around entirely within the property being developed.

         (b)   Temporary turn-arounds may be removed in cases where additional public right(s)-of-way is dedicated at the termini of an existing public right(s)-of-way. In cases where private right(s)-of-way is continued at the termini of public right(s)-of-way, the required temporary turn-around shall remain in place.

         (c)   In no case shall any area utilized for temporary turn-arounds be used for vehicle parking.

         (d)   Temporary bulb, hammerhead, and/or alternative hammerhead turn-around designs shall be constructed with a minimum of six inches of ABC stone.

   (K)   Alleys.

      (1)   Except for neo-traditional designed lots, alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances. Unless otherwise provided herein neo-traditional designed lots shall have alleys that comply with NCDOT’s Traditional Neighborhood Development Street Design Guidelines. Maintenance of alleyways will be the responsibility of the homeowners association, comparable individual, or group that has responsibility for other common areas. Maintenance of alleyways shall be addressed in the organizational papers and by-laws of the homeowners association.

      (2)   The width of an alley shall be at least 20 feet.

      (3)   Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end as may be approved by the Development Review Board.

      (4)   Sharp changes in alignment and grade shall be avoided.

      (5)   All alleys shall be designed in accordance with NCDOT standards.

   (L)   Half-streets. The dedication of half streets of less than 60 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where a half-street exists in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than a 60-foot right-of-way is required, a partial width right-of-way, not less than 60 feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated.

   (M)   Minor subdivision streets. Minor subdivision streets shall meet the requirements of this section, as applicable. See § 153.154 for more information.

      (1)   General requirements.

         (a)   For the purpose of this section, all lots less than or equal to ten acres in size shall count toward the total number of lots, regardless of location on the easement. Parcels greater than ten acres in size shall not be counted toward the number of lots located on an easement.

         (b)   Each lot shall abut the easement, and street when required, for the entire length of the minimum lot width in the zoning district in which it is located, or 40 feet when located on the bulb of a cul-de-sac.

         (c)   Construction and installation of street(s) shall be required from the state-maintained right-of-way to the end of the easement or to the end of the property involved in the subdivision, whichever is less. In cases where an existing easement is greater than 2,000 feet in length and street installation is required, the subdivider(s) may petition to the Planning Board for relief from this requirement.

         (d)   The street shall remain clear of all obstructions and debris.

         (e)   A maintenance agreement shall be submitted and recorded with the minor subdivision plat whenever street installation is required.

      (2)   Exemptions from street installation. Minor subdivisions which allow for less than three lots on any existing easement shall be exempt from the street construction requirements of this section.

      (3)   Street design standards on existing easements. Minor subdivisions which allow for three or more lots to be created on any existing easement shall be required to meet street construction standards which shall be a minimum width of 20 feet and three inches of aggregate base course (ABC) gravel.

      (4)   Street design standards on new easements. Minor subdivisions which allow for three or more lots to be created on any new easement shall be required to meet the following street construction standards.

         (a)   Minor subdivision streets shall meet NCDOT’s Subdivision Roads Minimum Construction Standards for residential local streets through the subgrade phase of construction, including drainage improvements, grading, and typically six inches of ABC gravel. The minimum lane width shall be ten feet. Certification of compliance with NCDOT requirements shall be made by a professional state engineer; and/or

         (b)   When existing conditions cannot meet NCDOT requirements, such conditions shall be certified by a professional state engineer, and the required gravel depth may be reduced.

   (N)   Nonresidential streets. The subdivider of a nonresidential subdivision shall provide streets in accordance with the standards of NCDOT and the standards in this chapter, whichever are stricter in regard to each particular item.

(Res. passed 4-16-2011; Ord. passed 10-17-2011; Res. passed 2-17-2014; Res. passed 5-18-2015; Res. passed 3-16-2020)

   (A)   Off-street parking requirements. There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding dwelling units, guests rooms, seats, or floor area; or before conversion from one type of use or occupancy to another, permanent off-street parking space in the amount specified by this section, together with adequate driveway and maneuvering space. Such parking space may be provided in a parking garage or properly graded open space.

      (1)   Certification of minimum parking requirements. Each application for a land use and zoning permit to the Administrator as provided for in this chapter shall include information as to the location and dimensions of off-street parking and loading space and the means of ingress and egress to such space. This information shall be of sufficient detail to enable the Administrator to determine whether or not the requirements of this section are met.

      (2)   Combination of required parking spaces. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use, except that one-half of the parking space required for churches, theaters, or assembly halls whose peak attendance will be at night or on Saturdays and Sundays may be assigned to a use which will be closed at night and on Sundays. In cases where shared parking is permitted, adequate pedestrian access shall be provided to all uses.

      (3)   Remote parking spaces. If the off-street parking space required by this chapter cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within reasonable walking distance of the main entrance to such principal use, provided such land is in the same ownership as the principal use.

      (4)   Lighting. Access ways, walkways, and parking areas shall be lighted adequately by lighting fixtures which shall be so installed as to protect the street and neighboring properties from direct glare or hazardous interference of any kind and in compliance with § 153.156.

      (5)   Safety barriers. Curbs, walls, fences, wheel stops, or similar devices shall be located within spaces along the perimeter of parking lots, garages, and storage areas, except at entrances and exits indicated on approved parking plans. Such barriers shall be so designed and located as to prevent parked vehicles from extending beyond property lines of parking lots and garages and to protect public right(s)-of-way and adjoining properties from damaging effects of surface drainage. Such barriers shall be approved for the same use. In cases where a sidewalk is used as the safety barrier, the width of the raised sidewalk shall be increased by 18 inches.

      (6)   Parking areas adjacent to public alleys. Where off-street parking facilities are located adjacent to a public alley, the width of such alley may be counted as a portion of the required maneuvering and access area, but not as part of the parking spaces required.

      (7)   Improvements, design, and location standards. All off-street parking, including exits, entrances, and maneuvering and parking areas shall:

         (a)   Have access to a publicly dedicated street or alley;

         (b)   Be designed so that vehicles cannot overhang property lines, public right(s)-of-way, or public sidewalks, or tend to bump against or damage any wall, vegetation, or other obstruction;

         (c)   Be permanently maintained by the owner(s);

         (d)   Be set back from the existing or future public right(s)-of-way, private right(s)-of-way, and property zoned residentially a minimum of ten feet;

         (e)   Drive aisle, lane width, and parking stall dimensions:

            1.   Drive aisle and lane width dimensions.

 

 

            2.   Parking stall dimensions. Minimum dimensions for parking stall is 18 feet in length by nine feet in width. Handicapped parking stalls shall meet the requirements of ANSI 117.

         (f)   Parking areas for shopping centers, or for community or regional site plans, shall provide designated crosswalks for pedestrian access and internal sidewalks within parking medians, as appropriate, to ensure connection between parking areas and the facility for which the parking is provided.

      (8)   Parking surface areas.

         (a)   All parking surface areas that contain one of the following scenarios shall be graded and surfaced with asphalt and/or concrete, unless stated otherwise within this chapter. In designated watershed areas, alternative pervious or porous materials may be utilized, as approved by the Administrator:

            1.   Access drives with lanes for drive-in windows;

            2.   Fifteen or more parking spaces; or

            3.   That are used at least five days per week.

         (b)   Parking surface areas not permanently surfaced shall be graded and surfaced with crushed stone, gravel, or other suitable material with a minimum of six inches and shall be maintained in a dust-free condition.

         (c)   Parking area shall be properly maintained in good condition (free of potholes, and the like) and parking space lines and or markings shall be kept clearly visible and distinct.

         (d)   As required elsewhere by this chapter, curb and gutter shall be installed in accordance with § 153.151(D).

      (9)   Minimum parking requirements. Minimum parking requirements are listed within the “Table of use types and regulations” found in § 153.105(B).

         (a)   The number of parking spaces shall not exceed 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.

         (b)   The number of parking spaces to be required in special situations in which none of the above conditions are applicable shall be determined by the Board of Adjustment.

         (c)   University and college uses and ancillary uses typically associated with a university or college that are customary and subordinate may demonstrate the use and activity is being served with parking facilities located on campus or by remote parking.

   (B)   Off-street loading requirements.

      (1)   All uses and establishments commenced hereafter shall provide off-street loading spaces sufficient to allow all loading and unloading of vehicles to take place entirely within the property lines of the premises.

      (2)   The off-street loading space provided as required by this section shall be permanent space and shall not be used for any other purpose.

      (3)   A loading space requirement may be waived by the Board of Adjustment on application due to a limited need for loading space based on the nature of the building.

      (4)   Loading berths shall be designed, along with the means of egress and ingress to such berths, so as not to interfere with the free, normal movement of vehicles and pedestrians on public right(s)-of-way and shall have the following dimensions:

         (a)   Minimum width of 12 feet;

         (b)   Minimum length of 55 feet; and

         (c)   Minimum height clearance of 15 feet.

      (5)   The minimum number of off-street loading berths to be provided by individual establishments shall be according to the following schedule:

         (a)   Retail and service establishments. One berth for every 20,000 square feet of gross floor area; or portion thereof, however, two or more adjoining establishments with a total gross floor area of less than specified herein shall be considered as one establishment provision;

         (b)   Office buildings, hotels, and other institutional uses. One berth for every 50,000 square feet of gross floor area or portion thereof; or

         (c)   Industrial and wholesale establishments. One berth for every 10,000 square feet of gross floor area, or portion thereof, up to 30,000 square feet; one space for every 30,000 square feet of gross floor area, or portion thereof in excess of the first 30,000 square feet of gross floor area.

   (C)   Landscape requirements in parking area.

      (1)   Perimeter screening. The entire length of parking and vehicle circulation areas located along the public or private right(s)-of-way shall be screened using one of the following options.

         (a)   Berm. Berm, meeting the requirements of § 153.158(A)(3); or

         (b)   Evergreen vegetation.

            1.   Maintained at a minimum height of three feet;

            2.   Minimum planting size is 18 inches in height;

            3.   Spaced so that a continuous vegetative screen is establish within two years; and

            4.   A minimum of three feet shall be maintained between the vegetation and curb or wheel stop.

      (2)   Parking facilities with 30 or more spaces. Facilities with 30 or more spaces, unless located on or within a structure, shall be separated from the building and pedestrian walkways by a landscape strip or permanent planter boxes at least five feet in width and meeting the following requirements.

         (a)   The sum length of this landscape strip shall equal at least 50% of the length of that side of the building or walkway.

         (b)   When parking abuts the landscape strip, the width shall be expanded to six feet.

         (c)   Plantings shall be installed in accordance with the Type C buffer requirements found in § 153.158(A)(8)(d).

         (d)   Service and loading areas are exempt from these requirements.

      (3)   Vehicle use area planting.

         (a)   All parking spaces shall be within 50 feet of a tree trunk.

         (b)   Medians and/or islands planted with trees shall be at least ten feet wide with a minimum of 300 square feet of permeable soil.

         (c)   Tree shall be a minimum of two inches in caliper at planting.

         (d)   Trees planted in compliance with these requirements shall have demonstrated particular resistance to harsh growing conditions, diseases, and insects in this particular region.

      (4)   Maintenance.

         (a)   The owner(s) of the property shall be responsible for the installation, preservation, and maintenance of all plantings as required under this section.

         (b)   Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe pruning, shall be replaced in accordance with the standards of this section.

   (D)   Parking plan alternative. In lieu of compliance with the parking landscaping requirements of this section, an applicant may submit to the Planning Board for review and approval a detailed plan and specifications for parking. The Planning Board may approve the alternative parking landscaping plan upon finding that the proposal will meet or exceed the intent of this chapter. Applications for parking landscaping plan alternative approval may be submitted when unreasonable or impractical situations would result from the strict application of this section. The following criteria shall be used in determining whether a parking landscaping plan alternative can be accepted by the Planning Board in lieu of meeting the requirements of this section:

         (1)   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;

         (2)   The proposal represents the use of alternative methods and/or materials which will result in a development pattern which is equivalent to or greater than that required by this chapter;

         (3)   The proposed use and design alternative is compatible with adjacent land uses;

         (4)   The proposal is compatible with and will enhance the use or value of adjacent and area properties;

         (5)   The proposal is consistent with the intent of adopted county plans; and

         (6)   The proposed development standards are, in all other aspects, consistent with the intent and purpose of this chapter.

(Ord. passed 10-17-2011)

   (A)   Sidewalks shall be installed in accordance with the compatibility development concept, as required by use regulations for specific uses, in nonresidential development located within the employment mixed use and compact mixed use classifications identified by the county’s land use plan, or as otherwise stated herein.

   (B)   Sidewalks required by this chapter shall be designed and constructed in accordance with the following standards.

      (1)   The sidewalk shall be constructed of concrete material;

      (2)   The developer shall bear the costs of the installation of the sidewalks required for all new or existing streets with specifications of the county. In lieu of requiring the installation prior to approval the developer may enter into an agreement with the county in accordance with § 153.164;

      (3)   Shoulders shall be sufficient to permit the adequate installation and maintenance of sidewalks and utilities, as well as provide sufficient clear zone, as defined by NCDOT, for safe use by errant vehicles;

      (4)   The minimum thickness of a sidewalk shall be four inches and six inches at driveways; and with a minimum width of five feet. Sidewalks shall have a uniform slope toward the roadway of one-fourth inch per foot. The utility strip between the sidewalk and the back of curb shall not be less than one-fourth inch per foot nor greater than one-half inch per foot toward the roadway;

      (5)   Where sidewalks and/or greenways intersect any section of curb and gutter, a wheelchair ramp shall be installed. In all other instances, the regulations of the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. shall be adhered to;

      (6)   Grooved construction joints shall be cut to a depth equal to at least one-third of the total slab thickness. The joint shall be no less than one-eighth inch in width and cut at intervals equal to the width of the sidewalk. A one-half inch expansion joint filled with joint filler shall be placed between all rigid objects and placed no farther than 50 feet apart for sidewalks and curb and gutter, extending the full depth of the concrete with top of the filler one-half inch below the finished surface;

      (7)   Maintenance of sidewalks will be the responsibility of the homeowners association or comparable individual or group that has responsibility for other common areas. Maintenance of sidewalks shall be addressed in the organizational papers and by-laws;

      (8)   Sidewalks shall be located within the dedicated, non-paved portion of the street right-of-way as follows unless otherwise noted:

 

      (9)   Sidewalks to be located within watershed, flood areas, or designated wetlands may be substituted with pervious greenways, such as pervious pavers, as approved by the Administrator or Development Review Board upon site plan review. In no case shall sidewalks required by the comprehensive transportation plan be substituted with pervious greenways.

(Ord. passed 10-17-2011; Res. passed 3-21-2016)

   (A)   General easement requirements.

      (1)   No permanent structure shall be located within any easement. Driveways, sidewalks, and other similar means of ingress and egress shall be permitted to perpendicularly cross any easement where necessary for access.

      (2)   Any lot area contained within an easement shall not be utilized to achieve the minimum square footage required for the lot.

      (3)   Unless justification can be made by the applicant as to why it is not feasible, all easements shall follow property lines.

      (4)   All easements identified and/or proposed on a plat/plan shall be referenced in the Deed of Record for the subject property.

      (5)   The county’s Development Review Board may require easements of widths deemed adequate for the intended purpose where necessary or advisable for water, electric power, conduits, storm and sanitary sewers, street trees, and gas, water, and other utilities. Specifically, all public utilities shall be included within easements, in accordance with the development of water and sewer utilities in the county’s Water and Sewer Districts.

   (B)   Minor subdivision easements. Access easements provided for minor subdivisions shall be identified for ingress/egress and utility purposes and shall meet the following requirements. Additionally, streets required as part of a minor subdivision shall meet the requirements of § 153.151(M).

      (1)   Easements for minor subdivisions shall be created only off of a state-maintained road and shall be a minimum of 50 feet in width, unless otherwise stated.

         (a)   Where an existing easement is utilized and intersects with two or more properties under separate ownership, the easement shall be a minimum of 30 feet in width. In such cases, the subdivider shall provide that the easement be 50 feet in width for the entire length of any property on the easement and under the ownership of the subdivider.

         (b)   Easements not legally binding or less than 30 feet in width shall not meet the purpose of this section unless specifically included as part of a court order.

      (2)   The maximum length of an easement shall be 2,000 feet.

      (3)   Each lot shall abut the easement, and street when required, for the entire length of the minimum lot width in the zoning district in which it is located, or 40 feet when located on the bulb of a cul-de-sac.

      (4)   Easements required as part of a subdivision for access to proposed lots shall be kept clear of obstructions and debris.

      (5)   In no case shall an easement be created off of an existing easement when proposed as part of a subdivision, with the exception of easements for utility purposes only.

   (C)   Drainage easements.

      (1)   Drainage easements shall be required for any development that involves more than one lot including residential and nonresidential development. All drainage easements shall be designed to tie into existing easements, existing watercourses, or to other appropriate locations when possible. Maintenance of easements is the responsibility of the facility owner or homeowners association. Drainage easements shall be provided for the following conveyance structures outside of NCDOT right(s)-of-way:

         (a)   All culverts;

         (b)   All new or existing open channels on or near the site perimeter or development;

         (c)   All new or existing storm drainage pipes and points of concentrated flow;

         (d)   All attenuation facilities, including berms, primary and emergency spillways, and the like; and

         (e)   Other locations deemed appropriate by the Development Review Board.

      (2)   The following minimum easement widths shall be provided.

         (a)   Culverts.

            1.   For culverts less than 72 inches diameter, the minimum easement width shall be 20 feet;

            2.   For culverts greater than 72 inches diameter, the minimum easement width shall be the diameter of the culvert plus 20 feet; or

            3.   For multiple culverts, the minimum easement width shall be total width of the pipes measured from edge to edge plus 20 feet.

         (b)   Open channels.

 

 

         (c)   BMPs and stormwater ponds. Easement shall be in accordance with North Carolina Department of Environment and Natural Resources, Division of Water Quality Stormwater Best Management Practices Manual.

   (D)   Maintenance easements. A maintenance easement shall be required on all lots of 9,000 square feet or less, or lots with a five-foot building setback. The maintenance easement shall be provided along the side property lines for the purposes of future building maintenance and upkeep of both the structure on-site and adjacent structure(s).

   (E)   Cross-access easements. When required by this chapter, cross-access easements shall be included as part of a development plan. Such easements shall be properly identified on the required plat/plan, including details regarding maintenance, when required.

   (F)   Off-site septic easements. In cases where suitable soils are not available for the establishment of on-site septic system and repair area, off-site septic easements shall be permitted according to the following requirements.

      (1)   General off-site septic usage requirements.

         (a)   Prior to approval of an off-site septic easement, applicants shall attempt to adjust lot lines or recombine parcels to acquire adequate, suitable soils for an on-site septic system.

         (b)   All septic systems, septic lines, and repair areas shall be designed by a professional engineer or licensed soil scientist, both of which shall be licensed in the state.

         (c)   Any lots for which an off-site septic system is either used or located shall be identified on the Deed of Record.

      (2)   Major subdivisions.

         (a)   Individual off-site septic systems shall be limited based upon the number of lots on the approved preliminary subdivision plat. No more than 10% of the total lots shall utilize off-site septic systems. In cases where the number of lots changes, the number of allowable off-site septic systems shall be adjusted accordingly.

         (b)   Off-site septic easements shall be contained only within common, unimproved open space of the subdivision.

         (c)   Such common open spaces areas shall have a minimum of one access easement to allow for utilization by all owners of property within the subdivision. Access easements shall be a minimum of 12 feet in width and shall include an identification sign.

         (d)   All off-site septic easements shall be separate and distinct from one another and shall be of sufficient size to accommodate the total area required by the county’s Department of Public Health, plus any additional area necessary to allow vehicular movement for repair or expansion purposes in case of future system failure.

         (e)   All supply line systems shall be installed by a professional licensed to do the work and shall be inspected and approved the county’s Department of Public Health prior to approval and recordation of the final subdivision plat.

         (f)   A declaration of covenants and/or homeowners association by-laws shall state the following:

            1.   All benefits and burdens of the covenants and restrictions shall be binding upon the successive owners of each parcel;

            2.   Those lots burdened by access easements shall be explicitly identified; and

            3.   Homeowners association shall conduct a program of regular septic easement monitoring and site maintenance. The program shall be published and recorded in the county’s Register of Deeds including a reference of the map book and page of the final subdivision plat map. The homeowner of each respective off-site septic easement shall be responsible for system maintenance and repair.

      (3)   Minor subdivisions. No minor subdivision shall utilize off-site septic easements.

      (4)   Existing lots. Regulations regarding location of off-site septic systems and easements within common open space areas shall not apply to septic system failures on existing lots.

         (a)   Any failure shall be determined by the county’s Department of Public Health or other appropriate local, state, or federal agency.

         (b)   Applicant shall attempt to locate off-site septic systems on a lot immediately adjacent to the lot on which the failure occurred. Lots separated by right(s)-of-way shall not be considered immediately adjacent for the purpose of this section.

(Ord. passed 10-17-2011)

   (A)   General provisions for water and sewer. Installation and provision for water supply and sewage disposal shall be according to the standards of the county’s Department of Public Utilities comprehensive water and sewer plans and the county’s Health Department. When utilities are installed as part of a private development for public use, including, but not limited to, planned unit developments, a public access easement shall be provided to such utilities from the public right(s)-of-way. In addition, all utilities to be dedicated for public use shall be included within an easement for the purpose of maintenance and upkeep.

      (1)   Phased construction. When a development is to be developed in phases, the sewage disposal system and/or water distribution system required hereunder may be constructed in steps simultaneous with the development of each phase of the subdivision. A master sketch plan for such development shall be submitted to the county’s Department of Public Utilities or other appropriate agency in accordance with the provisions of this chapter. In such cases, the master sketch plan shall be included with the preliminary plat at the time of such submittal. In no case shall the master sketch plan constitute vested rights for development of the site unless it meets the provisions of this chapter for a major subdivision preliminary plat.

      (2)   Conceptual plan. A conceptual plan may be required for the purposes of review of proposed developments by county staff to provide information on requirements for connection to utility services and compliance with Fire Code requirements, as well as any potential off-site and oversize improvements that may be required for conformance with the county’s sewer master plan or the county’s Fire Code.

         (a)   Prior to submission of a conceptual plan, the developer shall consult with the Department of Public Utilities, County Engineer, and Fire Code Official to determine if an initial conference will be necessary. If the scope of the proposed development, in the opinion of the Public Utilities Director, County Engineer, or Fire Marshal, is such that an initial conference will be beneficial prior to the development of plans and specifications, the developer or his or her engineer shall present, at the time of this conference, conceptual schematic or layout of the proposed extensions and the estimated water and wastewater demands resulting from the proposed development.

         (b)   A preliminary subdivision plat, both residential and nonresidential, or site plan, except for minor site plans as defined by this chapter, shall include a conceptual plan. When required by this chapter, a stormwater management plan shall be submitted as part of the conceptual plan. Stormwater management plans shall be submitted in conjunction with §§ 153.220 through 153.230.

         (c)   The conceptual plan shall provide all information necessary to determine the probable effect of the proposed development on the county’s existing facilities. The plan shall include the nature of water usage (domestic, commercial, and the like), the probable character of the wastewater generated, a description of any proposed private water distribution and sewer collection systems, and a preliminary hydraulic analysis.

         (d)   The Public Utilities Department will advise the developer(s) or his or her engineer(s) of applicable county water and sewer policies and ordinances, including all applicable fees and assessments.

         (e)   The conceptual plan shall include the following information and any other information deemed necessary by the Department of Public Utilities, County Engineer, or Fire Code Official to enable them to make a determination of the acceptability of the proposed plans. All information shall be submitted in a package and not in a piecemeal manner.

            1.   Conceptual plans. Submit three copies of conceptual subdivision plans or site plans at a scale of one inch equals 200 feet (or larger scale) showing:

               a.   The proposed layout of the water and sewer extensions;

               b.   All proposed pipelines and sizes, manholes, valves, fire hydrants, and pump stations;

               c.   Nearest existing water and sewer facilities to which the proposed new extensions will connect;

               d.   All proposed easements shall be shown; and

               e.   Where extension of utility is anticipated, provide sketch of extension and projected inverts with service area for sanitary sewer.

            2.   Design. All design shall include, at a minimum, the following:

               a.   Preliminary engineering design calculations used to determine estimated average and peak water and wastewater demands;

               b.   Calculations used to size lines, pump station(s), and for fire protection, including expected initial and future populations to be served;

               c.   The nature of the water usage (domestic, commercial, and the like), and the probable character of the wastewater generated; and

               d.   A hydraulic analysis, demonstrating the adequacy of the system to meet domestic and fire flows for water, and the adequacy of downstream sewer capacity.

            3.   Estimated time schedules. An estimated time schedule shall be submitted, identifying the expected dates of completion of the final plans and specifications, and expected beginning and completion dates of construction for phases, as applicable.

            4.   Stormwater management statement. A stormwater management statement shall be submitted, when required by this chapter, in accordance with §§ 153.220 through 153.230.

   (B)   Water supply system. To further the intent of this section, as well as orderly development of utilities, the county’s Department of Public Utilities may require a larger water supply line than is typically required to ensure capacity for future development.

      (1)   Connection.

         (a)   Connection requirement.

            1.   Any development which is created after the adoption of this section, and is located within that number of feet of an existing county owned or operated water supply and distribution system as is specified in division (B)(1)(b) below, whether the development is located within or without the service area of an existing county owned or operated public water supply and distribution system, the developer shall cause a water distribution system, meeting the standards herein specified, to be constructed and installed in such development and shall further cause the water distribution system to be connected to the existing county owned or operated public water supply and distribution system which is located as specified in division (B)(1)(b) below. This requirement also applies to new phases of existing development where these phases have not been previously approved by the appropriate County Development Review Board.

            2.   The developer may establish and create a public water supply system or connect the development to an existing public water supply system. However, such created public water supply system or such water distribution system to be connected to an existing system shall be approved by and meet the requirements of all federal, state, and local governments, including, but not limited to, the DENR.

      (2)   Review requirements. When a developer or subdivider is required to install a water distribution system pursuant to this section, prior to final plat approval, the plans for the water distribution system to be so installed shall be submitted to the county’s Department of Public Utilities. The location, size, and specifications of the water distribution system shall be placed upon the plat for review and approval. The county’s Department of Public Utilities shall review the information supplied and determine whether the plans meet the requirements of this section.

      (3)   Plan specification. The plans for a water distribution system to be installed pursuant to this section shall show and/or state thereon such information as will indicate that the system planned will meet, when constructed and installed, the requirements of this section.

      (4)   Water distribution system specifications. A water distribution system to be constructed within a development pursuant to this section and/or connected to the county owned or operated system shall:

         (a)   Be a minimum of six inches, except on the last 500 feet of water line on permanent cul-de-sacs within subdivisions, as approved by the Director of Public Utilities;

         (b)   Be properly connected in such a manner as to adequately serve all lots shown on the subdivision plat (including both present and future lots) for domestic use and fire protection;

         (c)   Conform to the specifications of the county’s Department of Public Utilities as provided by the Department and conform to Title 15A Subchapter 18C of NCAC, as specified by the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Environmental Health, Public Water Supply Section, and as specified in The Development of Water and Sewer Utilities in the county’s Water and Sewer Districts;

         (d)   Be approved by the necessary federal and/or state agencies prior to or at the time of completion;

         (e)   Conform to all federal, state, and/or local ordinances, rules, and regulations relating thereto, and any license and/or permits required shall be obtained, including all NCDENR regulations; and

         (f)   Be constructed pursuant to the necessary contractual agreements required by the policies, rules, and regulations of the county’s Department of Public Utilities.

      (5)   Subdivisions where section not applicable. When located outside the service area of a county owned or operated water supply and distribution system and/or outside the distance specifications, lot sizes within a subdivision may be allowed to be reduced, provided adequate water is available for domestic use from a community water system to be installed by the developer; and provided six-inch water lines are installed to service fire hydrant locations such that no primary structure is farther than 500 feet from such a location, and stub outs with gate valves are provided at the fire hydrant locations. If the subdivision does not meet these provisions, it shall be considered under the regulations specified herein for property not having public water available.

   (C)   Sewage disposal system.

      (1)   Connection.

         (a)   Connection requirement.

            1.   Any development which is created after the adoption of this section, and is located within that number of feet of an existing county owned or operated sewage disposal system as is specified in division (C)(1)(b) below, whether the development is located within or without the service area of an existing county owned or operated public sewage disposal system, the developer shall cause a sewage disposal system, meeting the standards herein specified, to be constructed and installed in such development and shall further cause the sewage disposal system to be connected to the existing county owned or operated public sewage disposal system which is located as specified in division (C)(1)(b) below. This requirement also applies to new phases of existing development where these phases have not been previously approved by the appropriate County Development Review Board.

               a.   All property which abuts right(s)-of-way in which is installed and constructed a county owned or operated gravity sewer collection line and the property is located not more than 300 feet from the gravity sewer collection line shall be required to connect to the county owned or operated system.

               b.   All property which abuts right(s)-of-way in which is installed and constructed a county owned or operated force main sewer collection line designed to serve a specific area where due to topography or other engineering factors, a gravity sewer line is not feasible, as determined by the Director of the county’s Department of Public Utilities, shall be required to connect to the county owned or operated system when the property is not located more than 300 feet from the collection line.

            2.   The developer may establish and create a public sewage disposal system or connect the development to an existing public sewage disposal system. However, such created public sewage disposal system or such sewage disposal system to be connected to an existing system shall be approved by and meet the requirements of all federal, state, and local governments, including, but not limited to, the NCDENR.

         (b)   Distance specification. A development shall be required to meet the conditions of this section when the development is located within that number of feet of an existing county owned or operated sewage disposal system which equals the product of the number of lots within the development (including lots to be developed in the future) multiplied by 100; provided however, that the maximum distance required for connection shall be 5,000 feet.

      (2)   Review requirements. When a developer or subdivider is required to install a sewage disposal system pursuant to this section, prior to final plat approval, the plans for the sewage disposal system to be so installed shall be submitted to the county’s Department of Public Utilities. The location, size, and specifications of the sewage disposal system shall be placed upon the plat for review and approval. The county’s Department of Public Utilities shall review the information supplied and determine whether the plans meet the requirements of this section.

      (3)   Plan specification. The plans for a sewage disposal system to be installed pursuant to this section shall show and/or state thereon such information as will indicate that the system planned will meet, when constructed and installed, the requirements of this section.

      (4)   Sewage disposal system specifications. A sewage disposal system to be constructed within a subdivision pursuant to this section and/or connected to the county owned or operated system shall:

         (a)   Be properly connected in such a manner as to adequately serve all lots shown on the subdivision plat (including both present and future lots);

         (b)   Conform to the specifications of the county’s Department of Public Utilities as provided by the Department and conform to l5A NCAC 2T, as specified by the North Carolina Department of Environment and Natural Resources, Division of Water Quality, and as specified in The Development of Water and Sewer Utilities in Harnett County Water and Sewer Districts;

         (c)   Be approved by the necessary federal and/or state agencies prior to or at the time of completion;

         (d)   Conform to all federal, state, and/or local ordinances, rules, and regulations relating thereto, and any license and/or permits required shall be obtained; and

         (e)   Be constructed pursuant to the necessary contractual agreements required by the policies, rules, and regulations of the county’s Department of Public Utilities.

      (5)   Subdivisions where section not applicable. When located outside the service area of a county owned or operated sewage disposal system and/or outside the distance specifications, lot sizes within a subdivision may be allowed to be reduced, provided adequate sewage disposal is provided from a community sewerage system to be installed by the developer. If the subdivision does not meet these provisions, it shall be considered under the regulations specified herein for property not having public sewerage disposal.

   (D)   Fire protection.

         (a)   All hydrants shall be County Public Utilities and Fire Code Official approved, in accordance with the requirements of this section.

            1.   No fire hydrant shall be installed on less than a six-inch main.

            2.   Hydrants shall have two two-and-one-half inch and one four-and-one-half inch connections with threads of the National Pipe Thread (NPT) type.

            3.   The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath, unless otherwise approved. The operating nut shall be pentagonal type measuring one-and-one-half inch from point to flat. Hydrants shall open left.

            4.   All hydrants shall be furnished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be a depth of three-and-one-half feet. All hydrants at finish grade shall measure 18 inches from ground to center of steamer cap.

            5.   Water lines servicing fire hydrants shall have at least 500 gallons of water flow per minute.

         (b)   The Fire Code Official shall approve all hydrant types and locations in new developments and any alterations to this chapter related to fire hydrants and fire protection.

         (c)   All fire hydrants shall be located on the right side of the roadway in which responding fire apparatus would travel into subdivisions, beginning at the main entrance to the subdivision.

      (2)   Fire hydrants in subdivisions.

         (a)   Residential subdivisions. In residential subdivisions, fire hydrants shall be located in such a manner that no primary structure is further than 500 feet from a hydrant. The distance between hydrants, shall be measured along street centerlines. There shall be at least one fire hydrant at each intersection. When residential intersections are less than 700 feet apart, a hydrant is not required between the intersections.

         (b)   Nonresidential subdivisions. In nonresidential subdivisions, fire hydrants shall be located in such a manner that no primary structure is further than 400 feet from a hydrant, measured along street centerlines. There shall be at least one fire hydrant at each intersection. Fire hydrants required in addition to those required at intersections may be installed at the time of lot development in order to facilitate better location and shall be noted on the site plan, as required; however, each lot shall meet the requirements of this section.

      (4)   Residential sprinklers. Where the provisions outlined above do not facilitate adequate fire protection (i.e., 500 gallons of water flow per minute) for the purposes of this chapter, residential sprinklers shall be required. In such cases, the Director of Public Utilities and Fire Code Official may reduce the required water line size and increase fire hydrant spacing. The required fire flow (as defined by gallons per minute) shall be determined during the design of the system by a professional qualified to do such work. Upon installation of the water supply infrastructure, the actual fire flow shall be determined on-site by a professional qualified to do such work and Fire Service Personnel using an approved method.

   (E)   All other utilities. All other utilities, including, but not limited to, electrical, cable, and telephone utilities, shall be placed underground.

(Ord. passed 10-17-2011; Res. passed 7-15-2019; Res. passed 11-18-2019; Ord. 2022-05, passed 2-21-2022)

   Outdoor lighting for nonresidential purposes and for major subdivisions shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public right(s)-of-way. Vehicular lights, temporary emergency lighting needed by emergency management personnel, navigational lighting systems at airports, lighting for outdoor advertising signs, and lighting required by other local, state, or federal regulations shall be exempt from the requirements of this section.

   (A)   General.

      (1)   Applicability. All applications for site plans, nonresidential special use permits, and major subdivisions shall meet the requirements of this section and shall include information regarding lighting, including location, type, height, and lumen output of all proposed and existing fixtures.

      (2)   General standards. Lighting shall be located in such a manner as to prevent direct glare and lighting onto adjacent property or into the public right(s)-of-way. All flood lights shall be installed such that the fixture shall be aimed down at least 45 degrees from vertical.

         (a)   All wall pack fixtures shall be cutoff fixtures, as provided in the example below.

         (b)   Sensor activated lighting may be unshielded provided it is located in such a manner as to prevent direct glare and lighting into properties of others or into a public right(s)-of-way, and provided the light is set to only go on when activated and to go off within five minutes after activation has ceased. The light shall not be triggered by activity off the property.

         (c)   Uplighting is prohibited in all zoning districts, except in cases where the fixture is shielded by a roof overhang or similar structural shield. Upward flagpole lighting is permitted for governmental flags only and provided that the maximum lumen output is 1,300 lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting.

         (d)   Outdoor lighting fixtures shall use metal halide or light emitting diode (LED) bulbs.

   (B)   Nonresidential and multifamily developments; maximum lighting height. The mounting height of all outdoor lighting shall not exceed 35 feet above finished grade, unless otherwise approved by the Planning Board or as part of a development plan. Athletic field and race track lighting shall have a maximum height of 80 feet above finished grade and the hours of operation for the lighting system for any athletic field or race track shall not exceed one hour after the end of the event.

   (C)   Major subdivisions; street lighting. Adequate lights shall be provided to illuminate right(s)-of-way, common driveways, walkways, and dead-end streets for the safe movement of vehicles and pedestrians at night.

      (1)   Minimum lighting. The minimum size streetlight shall be 7,000 lumen class or its equivalent.

      (2)   Spacing. Lights shall be spaced at intervals not more than 300 feet for residential subdivisions and not more than 200 feet for nonresidential subdivisions. Lighting shall be installed beginning at the entrance to the subdivision.

      (3)   Materials. High-pressure sodium fixtures shall be permitted only within residential subdivisions.

   (D)   Lighting standard plan alternative.

      (1)   In lieu of compliance with the lighting standards of this section, an applicant may submit to the Planning Board for review and approval a detailed plan and specifications for lighting. The Planning Board may approve the alternative lighting standard plan upon finding that the proposal will afford a degree of lighting, in terms of height, spacing, and safety to or exceeding that provided by the requirements of this section.

      (2)   The following criteria shall be used in determining whether a lighting standard plan 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 which will result in a development pattern which is equivalent to or greater than that required by this chapter;

         (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 chapter.   

(Ord. passed 10-17-2011)

   (A)   General provisions.

      (1)   The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed in this section to be as follows:

         (a)   To provide adequate improved recreational open space areas and unimproved open space;

         (b)   To provide prime views and open vistas, providing relief from an urban landscape;

         (c)   To encourage the preservation of existing trees and vegetation;

         (d)   To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams, wetlands and land adjoining the Cape Fear River;

         (e)   To encourage the protection of air and water quality;

         (f)   To enhance flood control;

         (g)   To provide protection for historically or archeologically significant areas; and

         (h)   When open space is required as part of the specific development, a minimum of 10% of the total open space required in residential developments shall include improved open space area(s) as defined by this section. The improved open space area shall be proportionate to the entire development and, if applicable, each phase shall include an area of improved open space. In no case shall an open space area be less than the smallest lot within the phase in which the open space is located.

      (2)   For purposes of this section, USABLE OPEN SPACE means an area that:

         (a)   Is not encumbered with any structure unless such structure is intended for recreational open space purposes;

         (b)   Is not contained within street right(s)-of-way or otherwise devoted to use as a roadway, ingress/egress easement, or parking area not associated with the use of the open space;

         (c)   If left in its natural or undisturbed state (as of the date development began), if wooded (except for the cutting of trails for walking or jogging) or, if not wooded at the time of development, is landscaped for ballfields, picnic areas, play areas, or similar recreational open space facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objective set forth herein;

         (d)   Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;

         (e)   Is legally and practicably accessible to the residents of the development out of which the required open and recreational open space is taken, or to the public if dedication of the open and recreational open space; and

         (f)   Is not encumbered by private underground septic lines, any part of a private sewage disposal system, or any private above-ground or below-ground septic related structure, or related easements.

      (3)   The following areas shall be regarded as open space where such areas satisfy the criteria set forth in division (A)(2) above:

         (a)   Public utility easements located outside of street right(s)-of-way such as drainage, access, sewer or water lines, or other public purpose;

         (b)   Private cemeteries located on a tract prior to its development;

         (c)   Areas used for growing crops;

         (d)   Agricultural and horticultural uses, specifically excluding commercial livestock operations;

         (e)   Pastureland for horses used solely for recreation purposes;

         (f)   Public or private recreational facilities including but not limited to playgrounds, tennis courts, ball fields, volleyball courts, etc., which are improved to the accepted national or local standards for size and associated amenities;

         (g)   Neighborhood open space uses such as village greens, community gardens, and trails; and

         (h)   Golf or tennis club open to the public.

      (4)   The following areas shall not be regarded as open space and shall not be counted toward open space required by this section:

         (a)   Islands or internal planted areas required by other sections of this chapter shall not be considered open space for the purposes of this section. For example, islands in parking lots shall not count towards required open space.

         (a)   The requirements set forth in this section concerning the amount, size, location, and nature of open space to be provided in connection with residential developments are established by the Board of County Commissioners as standards that presumptively will result in the provision of that amount of open space that is consistent with generally recognized standards relating to the need for such areas. The Board recognizes, however, that due to the particular nature of a tract of land, or the particular type or configuration of development proposed, or other factors, the underlying objectives of this section may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the Planning Board is authorized to permit minor deviations from these standards whenever it determines that:

            1.   The objectives underlying these standards can be met without strict adherence to them; and

            2.   Because of peculiarities in the developer’s tract of land or the particular type or configuration of the development proposed, it would be unreasonable to require strict adherence to these standards.

         (b)   Whenever the Planning Board authorizes some deviation from the standards set forth in open space requirement, the official record of action taken on the development application shall contain a detailed statement of the reasons for allowing the deviation.

      (1)   All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area.

      (2)   All wetlands, and blue-line streams with a required vegetative, riparian buffer, shall be contained in open space areas, unless platted prior to September 16, 2019 or mitigated via the US Army Corps of Engineers permitting process. These areas are not to be considered for the required improved open space as specified in division (A)(1)(h) of this section.

      (3)   For developments located entirely or partially within a conservation zoning district that surrounds a water feature (wet or dry) a minimum of 50% of the depth of the district (measured perpendicularly from the water feature and located closest to the water feature) shall be dedicated to open space.

      (4)   This dedication of open space shall count towards any other open space requirements.

         (a)   Developments located adjacent to interstate and principal arterials shall provide a 175-foot minimum of prime views.

         (b)   Developments located adjacent to minor arterials and major and minor collectors shall provide a 75-foot minimum of prime views.

         (c)   Developments located adjacent to all other street types shall provide a 50-foot minimum of prime views.

         (d)   Required streetscape buffer shall be planted within the prime views and open vista area.

      (6)   All open space area shall be permanently restricted from future subdivision and development unless specifically stated herein.

      (7)   Common open space areas shall have a minimum of one access easement to allow for utilization by all owners of property within the subdivision. Access easements shall be a minimum of 12 feet in width and shall include an identification sign.

         (a)   Structures. Where a structure is built, parking shall be provided in accordance with this chapter for the same type of facility. Structures that are not listed in this chapter shall provide parking at a ratio of one space per 200 square feet of covered area.

         (b)   Athletic fields. When an athletic field is developed, parking shall be provided at a ratio of one-half of what is required by this chapter.

         (c)   Pedestrian trails and other improvements. Where a pedestrian trail or other improvements are made, parking shall be provided at the trail head or main entrance with a minimum of five parking spaces.

   (C)   Ownership options. One of the following methods shall be utilized for ownership of open space:

      (1)   Open space or any portion thereof may be dedicated to the county for public use or any municipality located within the jurisdiction of the county. Any dedication shall be formally accepted by the county or municipality to be valid. Nothing in this chapter in any way obligates the county or municipality to accept the dedication of any property;

      (2)   The common open space or any portion thereof may be retained, operated, and maintained by the developer and/or development owner if a legal document is submitted to the county prior to the issuance of a building permit binding in perpetuity the common open space to be used as such and to be maintained in an appropriate manner. If at any future date the owner(s) of the common open space and its facilities wishes or is required to relinquish control of such facilities, the common open space shall be conveyed as described above, dedicated to the county for public use, or sold with all operating requirements and legal obligations still binding. The common open space shall forever be part of the development;

      (4)   Non-profit conservation organization; or

      (5)   Private ownership.

(Ord. passed 10-17-2011; Res. passed 9-16-2019; Res. passed 3-16-2020; Ord. 2022-12, passed 5-16-2022)

   (A)   General provisions. Buffers shall be required in accordance with the “Land use relationships” table in division (A)(7) below in an effort to reduce environmental and aesthetic impacts of development, and to screen public right(s)-of-way and adjacent property unless otherwise provided by this chapter.

      (1)   Development exempt from buffer requirements. The following activities or uses shall be exempt from buffer requirements in this section:

         (a)   Public improvement projects. The construction of any public street or utility service line, whether publicly or privately owned;

         (b)   Maintenance. Maintenance of any structure;

         (c)   Single-family residence. Single-family residences, including manufactured homes, are exempt from buffer requirements, but shall comply with all other requirements regarding single-family residences and manufactured homes;

         (d)   Home occupation. Home occupation, as defined in this chapter;

         (e)   Accessory to principal use. Any accessory structure or use, whether temporary or permanent, integral to an approved development permitted in accordance with the provisions of this title. Such accessory structure or use shall comply with the design and performance provisions of this chapter; and

         (f)   Temporary uses, nonmaterial. Those activities of short duration that do not materially affect the area’s natural environment, parking requirements, transportation patterns, public health, or economic values shall be reviewed for approval by the Administrator.

      (2)   Buffering of expanded uses. Expansion of a use existing prior to the effective date of this chapter shall be required to come into conformance with all buffer requirements.

      (3)   Minimum standards for installation. Required installation, trees, and shrubs shall meet the following standards, except as may be specifically provided elsewhere in the chapter. Trees shall meet the standard definition of the tree type for which it is intended to be utilized.

         (a)   Large maturing tree. All required large maturing trees shall have a minimum caliper of two inches, measured six inches above the proper planting level, or a minimum height of six feet at the time of planting.

         (b)   Medium and small/ornamental tree. All required medium and small/ornamental trees shall have a minimum height of six feet at the time of planting. In lieu of the large maturing tree planting requirement, medium and small/ornamental trees shall be planted at a rate of two trees for every required large maturing tree.

         (c)   Shrub. Shrubs shall be a minimum of two feet in height at time of planting.

            1.   Shrubs planted for screening purposes shall form the density necessary to fulfill the requirements of this chapter within two years from the time of planting.

            2.   Shrubs planted in conjunction with a berm shall be exempt from the minimum height requirement.

         (d)   Ground cover. Ground cover shall include evergreen or organic covering, and provide 100% coverage within one year of planting, except for mulch or turf which shall provide 100% coverage upon installation. Organic mulch or inorganic materials (such as river rock) may be utilized to fulfill the ground cover requirement of this chapter but may not be substituted for required plantings and shall provide 100% coverage upon installation.

         (e)   Berm. A berm shall have a maximum of 3:1 slope with a minimum crown width of two feet and planting combination, with the berm an average height of three feet and dense plantings which will, when combined with the berm, achieve a minimum height of six feet and 75% opacity within two years.

         (f)   Specifications. All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with American Standards for Nursery Stock published by the American Nursery and Landscape Association, free of disease, and in otherwise sound and healthy condition.

      (4)   Existing vegetation. The retention of existing vegetation shall be maximized to the extent practical, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees.

         (a)   If it is demonstrated that existing vegetation meets the intent of this section, the Administrator may waive some or all of the requirements for the planting(s). Such waiver shall be considered only after an inventory of existing vegetation to be utilized has been provided by the developer. The inventory shall indicate the type, number, and size of each existing plant to be utilized. It shall not be necessary to include the total number of plants, only those being utilized to fulfill the requirements of this chapter.

         (b)   Plantings to be utilized shall be maintained without injury and with sufficient area for the root system to sustain the plant. Protective care and restraint barriers shall be utilized at the drip line of any trees to be utilized.

      (5)   Responsibility of installation and maintenance.

         (a)   One-hundred percent of the applicable buffer requirements shall be the responsibility of the developer, unless expressly provided otherwise.

         (b)   The owner(s) of the property where the buffer or screening is shall be responsible for maintaining the buffer and all required plantings in good condition at all times.

      (6)   Alternative buffers and screening plan. Alternative buffer and screening techniques may be utilized in accordance with the following provisions. In such cases where the required buffering may create a sight distance conflict with an existing or proposed driveway, the required trees may be clustered with other plantings so as to maintain a proper sight distance. Planning Board approval shall not be required in such a case.

         (a)   Administrative review of alternative buffer and screening plan. An applicant may submit to the Administrator for review and approval a detailed plan and specifications for landscaping and screening of up to a 50% reduction in buffer width. In such case, plantings shall be provided at 150% of the listed requirement for the appropriate buffer type. This option shall not apply to divisions (B)(5) or (C) below.

         (b)   Planning Board review of alternative buffers and screening plan. 

            1.   In lieu of compliance with the buffer and screening requirements of this section, an applicant may submit to the Planning Board for review and approval a detailed plan and specifications for landscaping and screening. The Planning Board may approve the alternative buffering and screening upon finding that the proposal will afford a degree of buffering and screening, in terms of height, opacity, and separation to or exceeding that provided by the requirements of this section.

            2.   The following criteria shall be used in determining whether an alternative buffer and screening plan 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 which will result in a development pattern which is equivalent to or greater than that required by this chapter;

               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 chapter.

      (7)   Land use relationships. The following land use relationships shall be used to determine required screening and buffering as provided in division (A)(8) below. All uses listed in Use Group Level One shall be exempt from buffer requirements.

 

 

         (a)   Refer to the “Table of use types and regulations” in § 153.105(B) for Use Group Level.

         (b)   If a specific use is not mentioned then it will be the duty of the Administrator to determine which existing use is most closely related to the proposed use in order to determine which group to classify the use under. Further, the following Use Group Levels are assumed for undeveloped land: residential and conservation zoned land is Use Group Level One; office and institutional zoned land is Use Group Level Two; commercial zoned land is Use Group Level Three; and light industrial and industrial zoned land are Use Group Level Four.

      (8)   Required buffer and screening types. In situations where a development is adjacent to multiple uses then the buffer requirement for each use shall be required along each property line, otherwise the development shall follow the requirements listed below. In situations where both vegetative screening and fencing are either required or utilized, the required vegetation shall be planted on the finished side of the fence, which shall face out. Buffer shall be installed in accordance with the buffer types (Type A, Type B, Type C, and Type D) listed herein.

         (a)   General. All buffer types shall include:

            1.   A staggered row of large maturing trees, spaced not more than 30 feet apart; and

            2.   Low-growing evergreen shrubs, evergreen ground cover, or mulch covering the balance of the buffer area.

         (b)   Type A buffer.

            1.   Minimum width. Minimum width of 15 feet (applies to side and rear property lines);

            2.   Option 1. A row of evergreen shrubs placed not more than four to six feet apart which will grow to form a continuous hedge of at least six feet in height within two years of planting;

            3.   Option 2. A masonry wall located within the required buffer area; such wall shall be a minimum height of six feet (above finished grade) and, if a block wall, it shall be painted on all sides; or an opaque fence six feet in height; or

            4.   Option 3. A berm meeting the requirements of this section.

         (c)   Type B buffer.

            1.   Minimum width. Minimum width of 30 feet (applies to front, side, and rear property lines).

            2.   Option 1. An opaque fence located within the required buffer area; such fence shall be a minimum height of six feet in height; or

            3.   Option 2. A berm meeting the requirements of this section.

         (d)   Type C buffer.

            1.   Minimum width of ten feet (applies to area between right-of-way and building front); and

            2.   Five low growing shrubs for every required large maturing tree.

         (e)   Type D buffer.

            1.   Minimum width. Minimum width of 15 feet (applies to property lines adjacent to public right-of-way or as otherwise noted within this chapter);

            2.   Option 1. A row of evergreen shrubs, ten shrubs for every required large maturing tree, placed not more than four feet apart which will grow to form a continuous hedge of at least six feet in height within two years of planting; or

            3.   Option 2. An opaque fence located within the required buffer area; such fence shall be a minimum height of six feet in height.

      (9)   Scheduled street improvements. In cases where a right(s)-of-way is scheduled to be widened, the developer shall plant the trees prior to the widening project and outside of the proposed right(s)-of-way, provided that NCDOT has marked the proposed right-of-way.

   (B)   Specific buffering and screening requirements. The following requirements shall be required in any development on which such type of use is required or provided, as applicable.

      (1)   Perennial stream buffering. All perennial streams, as identified by the United States Geological Survey (USGS), not located within a watershed or Conservation Zoning District shall have a 30-foot buffer from the edge of the waterway. The buffer area shall remain undisturbed.

      (2)   Utility and mechanical screening. All nonresidential and multifamily developments mechanical, utility equipment which is located on, beside, or adjacent to any building or developments shall be fully screened from the view of public right(s)-of-way and adjacent property. In situations where mechanical and utility equipment is (are) located on the roof of a structure, all devices will be fully screened from the view of right(s)-of-way or adjacent property using building materials as listed below. The screen shall exceed the height of the equipment by a minimum of one foot, shall not interfere with the operation of the equipment, and shall use one or a combination of the following screening techniques:

         (a)   Building materials and design which are compatible with those used for the exterior of the principal building; or

         (b)   Large maturing evergreen trees or other acceptable alternative approved by the Administrator.

      (3)   Trash containment areas screening. All trash containment devices, including compactors and dumpsters, shall be located and designed so as not to be visible from the view of adjacent right(s)-of-way and properties. If the device is not visible from off the site, then it need not be screened. The type of screening used shall be a continuous row of large maturing evergreen trees or other acceptable alternative approved by the Administrator.

      (4)   Outdoor storage area screening. Any area utilized for outdoor storage, as defined herein, or inventory shall be screened from view of public and private right(s)-of-way and adjacent property. Screening shall meet the following requirements:

         (a)   Any area utilized for outdoor storage or inventory shall be screened in accordance with the Type D buffer screening techniques and shall be located in the side or rear yard. However, development located within industrial parks shall be exempt from the screening requirements except along perimeter property lines when the property line is located on the exterior of the park or adjacent to a residential zoning district; and/or

         (b)   An alternate buffer plan may be submitted as provided in division (A)(6) above.

   (C)   Streetscape buffer for major subdivisions.

         (a)   Developments with lots that abut NCDOT maintained roads shall be buffered with a minimum 30-foot buffer measured from the right-of-way.

         (a)   A row of evergreen conifers or broadleaf evergreens placed not more than five feet apart which would grow to form a continuous hedge of at least six feet in height within two years of planting supplemented with large maturing trees every 30 feet;

         (b)   A masonry wall located within the required buffer; such wall shall be a minimum height of six feet (above finished grade) and, if a block wall, it shall be painted on all sides, supplemented with large maturing trees every 50 feet; or an opaque fence six feet in height finished side of fence shall face out, and supplemented with large maturing trees every 50 feet; or

         (c)   A berm, meeting the requirements of this section.

      (3)   Modification of planting types. If it is demonstrated that existing vegetation meets the intent of this section, the subdivision administrator may waive the requirements for the plant material.

      (4)   Ownership and maintenance of streetscape buffers. The developer shall be completely responsible for the installation and initial maintenance of all required streetscape buffers; until ownership changes through one of the methods described below.

         (a)   Ownership with a homeowners association. In the situation where a homeowners association (HOA) will be established for the proposed subdivision then the HOA shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed subdivisions. The developer shall remain responsible for all ownership and maintenance of streetscape buffers until the HOA has been completely established.

         (b)   Ownership without a homeowners association. In the situation where there is not going to be a homeowners association (HOA) established for the proposed subdivision, then the streetscape buffer shall be left under control of the lot owner provided that each lot that contains a streetscape buffer shall have a deed recorded with a restriction that the streetscape buffer remain undisturbed. Further, the restriction shall state that the land owner shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed subdivisions.

      (5)   Uses prohibited within the streetscape buffer. The following uses shall be prohibited from being located within the streetscape buffer:

         (a)   All structures;

         (b)   Storage of equipment;

         (c)   Playground equipment and other similar structures; and/or

         (d)   Driveways with the exception of main entrances to the subdivisions.

   (D)   Landscaping for major subdivisions. Installation of street trees shall be required for major subdivisions, in accordance with the regulations herein.

      (1)   The subdivider or developer of developments of more than six residential lots or six dwelling units shall either plant or retain existing healthy trees so that there is at least one deciduous tree for every 50 linear feet of street. Street trees shall be planted or retained along both sides of newly created public or private streets. Street trees shall be staggered on both sides of the right(s)-of-way on local or cul-de-sac streets in residential subdivisions.

      (2)   Street trees shall be of species that is expected to attain a minimum height of 25 to 35 feet at maturity. Where required street trees are located under overhead utility lines, the species shall be of a type to reach a maximum of 20 to 25 feet. All street trees shall be at least two inches in caliper and a minimum of six feet in height at the time of planting.

      (3)   Street trees shall be planted in a linear arrangement parallel to the street no less than five feet and no more than ten feet outside the right-of-way. Street trees shall be planted at least eight feet from utility poles and ten feet from electrical transformers.

      (4)   Plans for street tree planting and retention of existing trees shall be approved by NCDOT for all streets proposed to be dedicated as public streets.

(Ord. passed 10-17-2011; Res. passed 3-16-2020)

   No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by NCDOT. Signs shall be set back at least ten feet from any public right(s)-of-way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes.

   (A)   Sign measurement standards.

      (1)   Dimensions. For the purpose of this chapter, the square feet area of the sign shall be measured to include the entire sign, including lattice work, fencing, or wall work incidental to its decoration. When a sign consists of letters placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be that of the smallest parallelogram within which all the lettering can be included.

      (2)   Height. The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it. Ornamentation such as columns, caps, spires, and finials shall not extend more than two feet from the top of the sign. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street and shall not be used as a means to avoid compliance with regulations.

   (B)   General setback requirements.

      (1)   General sign setbacks. No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by NCDOT. Signs that are located within public right(s)-of-way shall be constructed to meet NCDOT standards. Signs shall be set back at least ten feet from any public right(s)-of-way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes.

      (2)   Off-site directional sign setbacks. Directional signs of less than six square feet and referring only to religious facilities shall be located at least ten feet from any public right(s)-of-way.

      (3)   Directory sign setbacks. Directory signs shall be located at least ten feet from any public right(s)-of-way or shall be constructed to meet NCDOT standards for signs within public right(s)-of-way if located within the right-of-way.

   (C)   Maintenance of conforming signs. Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Administrator shall order that such a sign be made safe or removed. A period of ten days following receipt of the order by the person, firm, or corporation owning or using the sign shall be allowed for compliance.

      (1)   A conforming business or outdoor advertising sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules and filling procedures set forth in this chapter.

      (2)   As per G.S. § 136-133.2, conforming outdoor advertising signs shall be allowed to be repaired or reconstructed so long as the square footage of its advertising surface area is not increased. This also includes the changing of an existing multipole outdoor advertising structure to a new monopole structure.

      (3)   Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable local, state, or federal rules, regulations, or ordinances.

      (4)   Developments with existing conforming sign shall be allowed to make repairs without receiving permits, unless other local, state, or federal rules apply.

      (5)   Conforming signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (no building permit shall be needed to make the following repairs with exception of divisions (C)(5)(c) and (C)(5)(e) below:

         (a)   Change of advertising message or copy on the sign face;

         (b)   Replacement of border and trim, stringer, or panel, with like material;

         (c)   Repair and replacement of a pole(s), with like material or materials allowed by these regulations;

         (d)   Alterations of the dimensions of painted bulletins incidental to copy change; and/or

         (e)   Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming.

      (6)   No sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued.

      (7)   If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by this chapter, the permits for this sign shall be revoked.

   (D)   Lighting and illumination. Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights are prohibited, except as follows:

      (1)   All signs illuminated under the provisions of this section shall be constructed to meet the requirements of the National Electric Code.

      (2)   Such signs shall be permitted only as part of an otherwise permitted sign or in conjunction with a permitted replacement of an existing sign, provided that the illuminated portion shall be at least 15% of the total square footage area of the sign and shall not exceed 35% of the total square footage area of the sign. This section shall not apply to public service institutions such as schools and fire departments.

      (3)   Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights are prohibited, except as follows.

         (a)   Illuminated signs shall be permitted to provide information such as time, temperature, date, and public announcements related to the business on-site only.

         (b)   Such signs shall be permitted only as part of an otherwise permitted sign or in conjunction with a permitted replacement of an existing sign, provided that the illuminated portion shall be at least 15% of the total square footage area of the sign and shall not exceed 35% of the total square footage area of the sign.

         (c)   Messages on such signs shall not change more than seven times per minute. In no case shall an animated presentation or animated change of frame be allowed.

         (d)   Illuminated signs, as an addition to an existing sign, shall be comparable in composition, durability, and workmanship to the existing sign.

      (4)   Illuminated signs shall be limited to those lighted internally with glass or plastic faces bearing the advertisement; provided however, that exposed neon tubing and exposed incandescent or other bulbs not exceeding 15 watts each shall be permitted.

      (5)   The following materials shall be prohibited:

         (a)   Flame (even as a source of light); and

         (b)   Exposed neon lighting.

   (E)   Sign materials.

      (1)   General. All signs shall be constructed of weather-resistant material designed expressly for signs.

      (2)   Pole style ground signs. All pole style ground signs with support(s), upright(s), bracing(s), or framework(s) that include a pole encasement shall meet the following requirements with the exception of pole style ground signs for street signs, manufactured home park signs, interstate signs, and historical identification signs which shall be exempt from the requirements of this section.

         (a)   The support(s), upright(s), bracing(s), or framework(s) shall be encased in an ornamental shell of stone, brick, ornamental metal, or similar materials, and shall be a minimum width of one-fourth of the width of the sign face.

         (b)   The sign shall be constructed of an external support structure including stone, brick, ornamental metal, or similar materials, provided that the maximum number of supports, uprights, bracings, or frameworks extending between grade and the base of the sign face shall not exceed two.

   (F)   Prohibited signs. 

      (1)   Any sign that obscures a sign displayed by public authority for the purposes of giving traffic instruction or direction or other public information;

      (2)   Any sign that uses the word “stop” or “danger” or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of, or which for any reason is likely to be confused with, any sign displayed by a public authority;

      (3)   Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building, as required by law;

      (4)   Any portable sign, including any sign displayed on a vehicle when used primarily for the purpose of such display; except, that this division (F)(4) shall not apply to temporary political signs;

      (5)   Any sign that violates any provision of any law of the state relative to outdoor advertising;

      (6)   If a sign advertises a business, service, commodity, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, then that sign and sign structure shall be considered discontinued regardless of reason or intent and shall, within 30 days after such discontinuation, be removed by the owner of the property where the sign is located. A blank sign face shall be provided to prevent any exposed sign light bulbs and other internal sign components. Signs shall be completely removed from the premise once a period of one year has passed from the date of vacancy; and

      (7)   Off-site advertising shall be prohibited, except in accordance with the provisions of this section for the uses listed below. A sign easement shall be provided, on a survey map and recorded with the county’s Register of Deeds, prior to issuance of permits for any off-site signs. Additionally, for the uses listed below, up to one off-site advertising signs per use, which shall not exceed 16 square feet in size and six feet in height, with written consent of the property owner(s) on which the sign is located, only in cases where no sign exists on-site.

         (a)   Religious facilities may have off-site advertising signs, for directional purposes only. A sign easement shall be provided, on a survey map and recorded with the county’s Register of Deeds, prior to issuance of any permits for such signs.

         (b)   Active residential subdivisions off-site advertising signs shall be removed once the subdivision reaches 75% build-out.

   (G)   Signs that do not require a permit. The following signs shall be permitted in all zoning districts. Such signs shall not require a sign permit as long as they conform to the requirements stated below.

      (1)   Identification signs. Not to exceed one square foot in display area bearing only addresses or names of occupants of the premises and located on privately owned property.

      (2)   Memorial plaques. Such as cornerstones, historical tablets, and similar devices not to exceed six square feet.

      (3)   Instructional signs. Erected on private property, not to exceed six square feet in display area, erected strictly for the direction, safety or convenience of the public, including signs which identify restrooms, parking area entrances or exits, freight entrances, and similar devices, warning, danger, and no trespassing signs.

      (4)   Flags, emblems, and banners. Flags, emblems, or banners that are decorative, seasonal, political, civic, philanthropic, educational, or religious in nature, or that are displayed in connection with the observance of holidays, not to exceed three per lot. Flags, emblems, or banners advertising for-profit organizations are not covered by this section and shall meet the requirements of this chapter for signs.

      (5)   “For Sale” or “For Rent” signs. Signs pertaining to realty on the premises offered for sale or rent, not exceeding four square feet in area and not illuminated. Such a sign may be placed not closer to a front property line than ten feet. There shall be a limit of one such sign per street frontage.

      (6)   Signs advertising agricultural products produced on the premises. Not to exceed 16 square feet in area. There shall be a limit of one such sign per street frontage.

      (7)   Signs advertising only the name, time, and place of any temporary event. When conducted by a public agency or for the benefit of any civic, fraternal, religious, or charitable cause; provided, that no such sign shall be displayed in any residential district, except on the immediate site of the event to which it pertains; and provided further, that all such signs shall be removed within ten days after the last day of the event to which they pertain for such events including, but not limited to, bona fide fairs, carnivals, festivals, bazaars, or horse shows.

      (8)   Athletic field signs. Signs located as part of athletic fields, including scoreboards and sponsorship signs, are not required to get a permit, unless they are visible from the public right(s)-of-way.

      (9)   Portable A-frame and sandwich board signs. A-frame and sandwich board signs may be used to announce sales or special features during hours of operation only. Such signs shall be professionally made of materials intended for sign manufacturing and shall not impede pedestrian or vehicular traffic, safety, or access. The signs shall not exceed three feet in height and maximum size of six square feet.

      (10)   Window signs. Signs displayed in windows of store fronts shall not cover greater than 25% of the total area of the windows of such store fronts, and shall not count toward the total area permitted for wall signs.

      (11)   Temporary signs. Those giving information pertaining to construction taking place on the lot upon which the sign is located. Such signs will be removed prior to issuance of a certificate of occupancy. Temporary signs may be allowed provided the signs are not erected more than 21 calendar days per year and not larger than 16 square feet. Temporary signs shall not be illuminated. The signs shall not be closer to each other on the same property than 400 feet.

      (12)   Off-site directional sign setbacks for religious facilities. Directional signs of less than six square feet and referring only to religious facilities shall be located at least ten feet from any public right(s)-of-way.

   (H)   Signs that require a permit. Signs shall be permitted on the premises of the business, institution, or subdivision in districts in which the principal use is permitted and in districts in which the principal use is conditional. All business signs shall be subject to the following limitations.

      (1)   Business signs shall not project more than one foot from any building wall or canopy.

      (2)   If suspended from a canopy, the sign shall be at least eight feet above the sidewalk, pavement, or ground level.

      (3)   Maximum display area, number, and height requirements for ground and wall signs are as follows:

 

   (I)   Outdoor advertising signs. Outdoor advertising signs shall be permitted in the Commercial/Business District; except in Commercial/Business Districts located within a designated Highway Corridor Overlay District. All outdoor advertising signs shall be subject to the following regulations:

      (1)   Maximum display area. The maximum size of the display area of outdoor advertising signs along interstate highways shall be 500 square feet. The maximum size of the display area of outdoor advertising signs for all other sections of the county shall be 300 square feet. Double faced signs shall be permitted provided that each individual sign shall meet the display area requirements for that area of the county.

      (2)   Height regulations.

         (a)   No outdoor advertising sign shall exceed a height of 35 feet at street grade not to exceed 45 feet measured from the ground level to the highest part of the sign structure.

         (b)   The minimum height of the lowest portion of display surface of the outdoor advertising sign shall be elevated to a height of eight feet from the ground level.

         (c)   The Planning Department shall be supplied with drawings certifying that this height requirement has been met once the sign has been constructed.

         (3)   Setback requirements. Outdoor advertising signs shall be setback a minimum of 50 feet from any public or private right-of-way or easement. No portion of the sign shall be located within the required minimum setback.

      (4)   Lighting. Display lighting of signs shall be shielded so as to prevent the direction of such light into any structure used primarily for residential purposes and into vehicles traveling on nearby roadways. No rotating, revolving, flashing, or intermittent lighting devices shall be attached to or made a part of any outdoor advertising sign.

      (5)   Spacing.

         (a)   All outdoor advertising signs shall be spaced a minimum of 1,500 feet apart.

         (b)   The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply to sign structures located on both sides of the highway.

         (c)   Such signs shall be no closer than 500 feet from any residential structure. However, a sign may be allowed to locate within 250 feet from any residential structure if the applicant can secure a waiver from all adjacent property owners within 500 feet of the proposed sign. This waiver shall state that the property owner is aware of the proposed sign and agrees that the sign can locate within the distance; this waiver shall be signed and notarized by all applicable owners of the adjacent properties.

         (d)   All outdoor advertising signs shall be located at least 500 feet from any intersection. This measurement shall be taken along the edge of the pavement to the center of the intersecting street.

         (e)   All outdoor advertising signs shall be located at least 500 feet from any controlled access point. This spacing measurement shall be taken in accordance with the regulations given in the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina by NCDOT. See also, 19A NCAC 02E .0203 Outdoor Advertising on Controlled Routes.

         (f)   No outdoor advertising signs shall be located within any of the designated airport zones mentioned in §§ 153.190 through 153.193.

      (6)   Department of transportation compliance. All outdoor advertising signs that are required to be permitted from NCDOT shall maintain compliance with all required regulations.

      (7)   Movable message and electronic display.

         (a)   Electronic display techniques include any portion of a billboard that contains alphanumeric characters, graphics, or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination device within the display area, including computer programmable, microprocessor controlled electronic displays, and projected images or messages with these characteristics onto the sign face.

         (b)   Any billboard utilizing electronic display techniques in whole or in part must meet the following operational standards.

            1.   Duration. The full billboard image, or any portion thereof, must have a minimum duration of 20 minutes and must be a static display. No portion of the image may flash, scroll, twirl, change color, in any manner imitate movement, or meet the characteristics of a flashing sign.

            2.   Transition. Where the full billboard image, or any portion thereof, changes, the change sequence must be accomplished by means of instantaneous re-pixelization.

            3.   Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.

            4.   Dimmer control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

            5.   Audio or pyrotechnics. Audio speakers or any form of pyrotechnics shall be prohibited in association with a billboard.

            6.   Fluctuating or flashing illumination. No portion of any billboard shall fluctuate in light intensity or use intermittent, strobe, moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or in any manner creates the illusion of movement.

            7.   Video display. No portion of any billboard shall change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns, or bands of light or expanding or contracting shapes.

      (8)   Transfer of permit. The transfer of ownership of a specific outdoor advertising sign for which a permit has been lawfully issued to the original owner shall not in any way affect the validity of the permit for that specific sign, provided that the Administrator and the appropriate Department of Transportation District Engineer is given written notice of the transfer of ownership within 60 days of the actual transfer. Once this period has expired and no notification has been made then the applicant shall be required to obtain a new land use and zoning permit.

      (9)   Dilapidated and abandoned signs. If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina by NCDOT, and thus not a NCDOT permitted sign, the permits for such sign shall be revoked.

      (10)   Structural support. Where the structural support is visible from any street, the display shall be constructed on a steel single pole or I-Beam type structure.

      (11)   Revocation of permit. Any valid permit issued for a lawful outdoor advertising structure may be revoked by the Administrator for any one or more of the following reasons:

         (a)   Mistake of material facts by the issuing authority for which had the correct facts been made known, the outdoor advertising permit in question would not have been issued;

         (b)   Issuance of a permit based on an error in law;

         (c)   Misrepresentation of material facts by the outdoor advertiser on the application for a permit for outdoor advertising;

         (d)   Failure to pay all applicable fees;

         (e)   Any alteration of an outdoor advertising structure for which a permit has previously been issued which would cause that outdoor advertising structure to fail to comply with the provisions of the Outdoor Advertising Control Act and the rules and regulations promulgated by the North Carolina Department of Transportation pursuant thereto;

         (f)   Any violation of the standards for nonconforming signs;

         (g)   Any violation of the transfer of permit standards;

         (h)   Failure to reconstruct a non-conforming sign within 180 days as noted in the expiration of a sign permit section;

         (i)   Failure to locate sign in the approved location on the site plan;

         (j)   Any violation of state or federal regulations for outdoor advertising that results in revocation of permits; or

         (k)   Any violation of the standards for dilapidated or abandoned sign.

(Ord. passed 10-17-2011; Res. passed 6-18-2012; Res. passed 2-17-2014; Res. passed 1-17-2017; Ord. 2024-01, passed 2-19-2024; Ord. 2024-02, passed 2-19-2024)

   (A)   Display area: retail sales. Any outdoor display areas shall be permitted as an accessory to the retail use for which site plan approval has been granted and shall meet the following requirements.

      (1)   Display areas shall be located on an improved surface in a location so as not to impede pedestrian or vehicular ingress/egress to the establishment, and specifically shall not be located within public or private right(s)-of-way or create unsafe conditions.

      (2)   Display area shall be limited to one-half the length of the store front and shall not be located within five feet of the entrance to the establishment.

   (B)   Display area: retail sales, outdoor. Outdoor display areas shall be permitted as an accessory to the outdoor retail sales use for uses which site plan approval has been granted and shall not be located within public or private right(s)-of-way or in required landscaping or buffer yards. Display area shall meet the following requirements:

      (1)   Maximum allowable outdoor display shall be 50% of the sum total of the following equation:

      Length of proposed front property line times (X) required front setback

         EXAMPLE: 250 ft. wide lot located in Industrial Zoning District

         250 X 50 = 12500/2 = 6,250 square feet allowable outdoor display area

      (2)   In no case shall more than 50% of the total allowable display area be developed into an impervious surface.

(Ord. passed 10-17-2011)

   (A)   Modular structures. Any modular structure intended for nonresidential use or purpose(s) shall meet the following standards.

      (1)   The structure shall have masonry underpinning that is continuous, permanent, and unpierced except for ventilation and access.

      (2)   Evergreen plantings shall be installed, along the front property line and all property lines visible from the public right(s)-of-way, within five feet of the perimeter of the structure, spaced at a minimum of one planting every five feet.

   (B)   Manufactured homes used for nonresidential purposes. Manufactured homes are constructed to federal standards rather than the North Carolina State Building Code; therefore use of manufactured homes without modification for purposes other than a single-family dwelling unit is prohibited.

(Ord. passed 10-17-2011)

   (A)   Recreation and park development. All residential subdivisions and developments, except minor subdivisions, shall provide funds to the county whereby the county may acquire public recreation and park land or areas to serve the development or subdivision in the immediate area.

      (1)   The amount of such fee shall be the product of the total number of dwelling units and/or building lots located in the development or subdivision multiplied by the recreation fee as established by the Board of Commissioners.

      (2)   The fee shall be paid prior to approval of a final plat for the subdivision, provided that payments may be phased in accordance with the approved phasing of the subdivision.

      (3)   The county may transfer funds paid by one or more subdivisions to a municipality or make arrangements for the joint county/municipal expenditure of the funds where the county determines that such transfer or arrangements would better ensure the funds will be used to acquire public recreation and park areas that will serve the recreational needs of the development and developments in the immediate area.

      (4)   In situations where a development has already been approved prior to the adoption of the Harnett County Bicycle, Pedestrian, and Greenway Plan, the developer may choose to build the prescribed facility in place of paying all or a portion of the above described recreation fee. If it is desirable to provide for such improvements, this discussion and review shall be conducted by the Development Review Board and any of its advisory members, as per policy and standards set by the Harnett County Parks and Recreation Advisory Committee. Upon approval, the applicant and the county may enter into a development agreement as set forth in § 153.137 of this Unified Development Ordinance.

(Ord. passed 10-17-2011; Res. passed 6-21-2021)

   (A)   It is the intent of this chapter that the original developer or any subsequent developer shall be responsible for the maintenance of all required improvements until such time as a unit of government, public utility, or other legal entity assumes responsibility for the maintenance of those improvements.

   (B)   It shall be the responsibility of the developer to complete the installation of sidewalks, street trees, curb and gutter systems, and any and all other required improvements. If the installation of these listed amenities is not complete by the time that the county has issued building permits for 75% of the lots shown on the record plat within a subdivision, the county shall not issue any more building permits until the improvements have been completed. The county shall have the ability to call the improvement guarantee due at this time to ensure installation of all required improvements. Development of a subdivision in phases shall be considered on a phase by phase basis. No building permit shall be issued for single lot development prior to installation of improvements. In the event that the developer of record has dissolved, filed for bankruptcy, or executed any other action that would disbar the developer from continuing such a project, as determined by the Planning Department, the following shall apply: subsequent individual(s) that own, or have an interest in lots that are not allowed to obtain permits, may be allowed to make the necessary improvements on a per street basis, if determined to be acceptable by NCDOT. Only streets that are contiguous with existing NCDOT maintenance are eligible for this exception.

   (C)   Contained on the record plat shall be a certification assigned by the developer and notarized acknowledging that the developer is responsible for the maintenance of all required improvements until such responsibility is assumed by a unit of government, public utility, or other legal entity.

   (D)   It shall be the responsibility of the developer to formally notify the District Engineer from NCDOT and initiate the process of transferring the responsibility of street maintenance. If the District Engineer or his or her designee has not recommended that NCDOT accept maintenance responsibility for the required public street improvements by the time that the county has issued building permits for 75% of the lots shown on the record plat, the county shall not issue any more building permits until the District Engineer makes such a recommendation and formally notifies the Administrator.

   (E)   If all streets within the subdivision have not been accepted by NCDOT or the appropriate amenities have not been correctly installed by the time at which building permits have been issued for 75% of the lots, the developer may post a surety performance bond, provide cash, or an equivalent security. Should this alternative be used, the method of payment chosen shall be equal to one and one-quarter times the cost of installing all remaining required improvements according to the standards required by NCDOT (for roadway improvements) or a certified engineer (for amenity improvements). Estimates of costs shall be provided by the developer and verified by the county in accordance with this section.

   (F)   Within 30 days after the Administrator receives formal notice of acceptance of the streets by NCDOT, the county shall release any unused portion of the securities posted through this procedure.

   (G)   For purposes of this chapter, maintenance shall mean that all required improvements are kept in a good state of repair and that such improvements are able to be used for their intended purpose without any impediments. In the case of streets, the developer shall not install or allow to be installed any items within the right-of-way which will have to be removed prior to the acceptance of the streets by NCDOT. Such items include, but are not limited to, fences, masonry mailbox supports, shrubbery, and driveway markers.

(Ord. passed 10-17-2011; Res. passed 5-18-2015)

   In lieu of requiring the completion, installation, and dedication of improvements required as part of development, the county may enter into a written agreement with the developer(s) whereby the developer(s) shall agree to complete all required improvements. Once the agreement is signed by both parties and the security required herein is provided, the development may be approved by the Development Review Board or other appropriate government body, if all other requirements of this chapter are met. Improvements required by state and federal agencies shall not be included as part of any improvement guarantees provided by the developer(s) to the county. However, the requirements of these agencies shall have been met prior to approval of a development. To secure this agreement, the developer(s) shall provide, as approved by the county, any and all required forms, and either one or a combination of the following guarantees equal to one and one-quarter times the entire cost of the improvements secured.

   (A)   Improvements required prior to acceptance of improvement guarantees. To ensure that adequate measures have been made to provide public safety and emergency service access to the development, the following improvements shall have been made by the developer(s), and approved by the county, prior to acceptance of any improvement guarantee allowed by this section:

      (1)   Permits shall have been issued for the water supply system, with final approval by NCDENR;

      (2)   Temporary fire protection shall be made available. The appropriate and required temporary fire protection for each development shall be determined by the county’s Fire Code Official;

      (3)   Minimum ingress/egress access shall be provided, in compliance with § 153.151(M)(4); and/or

      (4)   All street sign fees shall have been received by the county.

   (B)   Required estimate for improvement guarantees. A written, itemized estimate shall be provided by a third-party, industry expert in the field in which the guarantees are being provided for. The county may require that additional estimates be provided. All estimates shall be sealed.

   (C)   Surety performance bond(s). The developer shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state and approved by the county. The bond shall be payable to the county and shall be in an amount equal to one and one-quarter times the entire cost, as estimated by the developer and verified by the county, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the county. Any expenses associated with the cost verification by the county shall be paid entirely by the developer.

   (D)   Cash, letter of credit, or equivalent security. The developer shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value with the county. The use of any instrument other than cash shall be subject to the approval of the county. The amount of deposit shall be equal to one and one-quarter times the entire cost, as estimated by the developer, and verified by the county, of installing all required improvements.

   (E)   Improvement guarantee review process. The Planning Department shall provide required forms and documents to be used as part of a completed application to provide improvement guarantees. A minimum 10-day review period shall begin once a completed application has been submitted, including required forms and estimates. All applicable county departments, including, but not limited to, the County Engineer and Legal Services, shall review all improvement guarantee applications prior to approval.

   (F)   Default. Upon default, meaning failure on the part of the developer to complete the required improvements in the time allowed by this chapter or as spelled out in the performance bond or security agreement, then the surety, or financial institution holding the account, shall, if requested by the county, pay all or any portion of the bond or security to the county up to the amount needed to complete the improvements based on an estimate by the county. Upon payment, the county, in its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements. The county shall return to the developer any funds not spent in completing the improvements.

   (G)   Release of guarantee security. The county may release all or a portion of any security posted as the improvements are completed and recommended for approval by the Administrator, after receiving a written request. The Administrator shall approve or disapprove the request within 30 days. When the county approves the improvements, it shall immediately release the portion of the security posted which covers the cost of the improvements approved. In the instance when a reduction in the improvement guarantee is being requested, the required process for improvement guarantee approvals shall begin again for the remaining portion to be held in guarantee. The developer(s) shall provide an affidavit stating that all subcontractors have been paid for the portion to be reduced.

(Ord. passed 10-17-2011)