(A) Should a developer encounter problems acquiring utility right-of-way across private property for a project, he may request a meeting with the HRW Director, or his designee, to discuss gaining assistance from HRW. For eligibility of participation by HRW, the subject water or sewer line must serve a public purpose or benefit as defined in HRW's case as providing a minimum value, for residential developments, of $350,000 tax base per lot and a minimum number of 50 lots. The Director will review and make a determination as to possible eligibility for participation. If the Director determines there is a valid basis for participation, the process will be explained to the developer. Agreement to participate by the developer will result in a letter of recommendation to the Legal Services Department and the County Manager. If the Legal Services Department agrees that participation is warranted then they shall notify the developer in writing and then in conjunction with HRW meet with the developer to review his obligations. All property maps and descriptions will need to be approved by HRW and need to comply with these standards and procedures.
(1) One copy of blueprint of each map with a copy of the descriptions of the taking shall be submitted by the developer's engineering firm/surveyor for review. The map and descriptions need to be sealed by a professional surveyor.
(2) Legal will contact the developer's engineering firm/surveyor after review is completed so that review comments can be addressed.
(3) The developer's engineering firm/surveyor will have to re-submit a copy of blueprint of the corrected plans and a copy of the corrected descriptions, together with all the copies marked with corrections requests.
(4) When Legal is satisfied that all changes have been made, the developer's engineering firm/surveyor will be contacted and asked of submission of the following items:
(a) The original mylar of the plans, signed, sealed, and dated by a professional surveyor.
(b) A copy of the legal description, signed, sealed, and dated by a professional surveyor.
(c) A DXF or DWG drawing file submitted on a flash drive or through email, for all computer-generated with the drawings. This file should be on project coordinated (specifically, NAD83 coordinates). Also an ASCII points file, with the point number, coordinates, and descriptor of each point.
(5) The developer's attorney will need to prepare the required deeds and contact the county's Legal Department for the approval of the deeds.
(6) The developer or his attorney will furnish the Legal Department with a copy of the deeds after they have been recorded in the Office of the Register of Deeds of Harnett County, NC.
(7) In lieu or preparing property maps, legal descriptions, deeds and deeds of assignment, the developer may choose to have his surveyor prepare a plat of recordation. The Legal Department will still review the plats. Once the maps have been finalized they will need to be submitted to the Planning Department for their review. The developer may then have the owners sign dedications statements on the plat.
(8) In the event that the property owner denies the developer's surveyor access to the property, the surveyor shall compile the maps needed for the easements from publicly available sources and use these documents to estimate the easement square footages required. The estimated value of the easements, per square footage, based on the independent appraisal shall be multiplied by the estimated required square footage of the easement as a basis of offer. This offer may be considered as sufficient proof that a good-faith effort was made. Final settlement value will be contingent upon a survey meeting HRW's requirements as stated above.
(9) The developer shall send letters to the property owners requesting permission of site access and HRW will initiate contact with the affected property owners to alert them to the activity. Based on the approved drawings and descriptions, the developer commissions an independent appraisal of the properties. An offer shall be in writing to the property owner and sent via certified mail, return receipt requested. Upon refusal of the offer, as detailed above:
(a) HRW will schedule a meeting with the developer and the affected property owner(s) to, discuss the situation, explain the necessity for the project (for example, public good, public necessity, coordination with the long-term infrastructure development of the County), and ascertain that an offer has been made and effused.
(b) Furnish the Legal Department copies of correspondence as written documentation.
(c) If condemnation proceedings are the only option left to obtain the necessary easements, a Board of Commissioner agenda item from Harnett Regional Water Director to the County Manager must be prepared and sent and copied to the Legal Department.
(d) The Legal Department will notify the developer and the affected property owners as to the date, which the Board of Commissioners will consider the request.
(e) Board of Commissioners will decide as to whether or not to direct Legal to initiate the condemnation process of the property in question. Condemnation under this policy shall be subject to the Board of Commissioners findings of public purpose, public necessity, and approval of exercise of eminent domain.
(f) Upon the Board of Commissioners approval and prior to HRW staff starting action, the developer is to deposit with HRW twice the amount of the estimated cost of the right-of-way.
(B) The developer will have the right to have his attorney participate in the process in conjunction with HRW attorneys. If the developer elects not to, he shall furnish a waiver to HRW to that effect. Upon obtaining the right-of-way, HRW shall refund to the developer all funds over and above those required to obtain the right-of-way. In the event that condemnation becomes, and is approved by County Commissioners, the developer shall write a letter to HRW stating that he will be fully responsible for any and all cost and expenses awarded by the court in the condemnation case. For county projects, that letter will be written to the County Development Services Department. At the option of HRW, the developer may be required to deposit additional funds up to five times the amount of the estimated right-of-way value. HRW will retain these funds until completion of the judgment, at which time any remaining monies will be returned to the developer. The money on deposit with HRW will bear no interest.
(Ord. passed 6-30-2015; Ord. passed 7-16-2018; Ord. passed 6-15-2020; Ord. passed 11-16-2020)