The type and arrangement of streets within a development under this Article shall comply with and coordinate with the Town's adopted transportation plan(s); or the decision of the Town Planner. Principal vehicular access points to the subdivision shall be designed to encourage smooth traffic flow and minimize hazard to vehicular traffic, pedestrian and bicycle traffic. Accommodation for controlled turning movements into and out of the subdivision and improvement of the approach street should be considered where existing or anticipated heavy traffic flows indicate need. Safe and convenient vehicular access shall be provided for emergency, service and school bus vehicles.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

For major subdivisions, a preliminary plat for the lots shown on the proposed final plat must have been approved and not expired before a final plat approval application may be accepted. As part of the application for final plat approval, the applicant shall certify one of the following:

It is the intent of this Article to provide an orderly process for division of land into lots or parcels for the purpose of sale and/or building development by property owners. It is also this Article's intent to ensure that subdivided lots or parcels can be used safely to build on without danger to the health, safety, and general welfare of both the prospective or future owners in the Town's community, and that subdivisions are provided with and provide for adequate and efficient access and coordination of streets, water and/or sewage, parks, schools, playgrounds and other public requirements and facilities where appropriate.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The regulations of this Article are adopted under the authority of § 160D-801 of the North Carolina General Statutes which authorizes the Town to regulate the subdivision of land.

(b)

The regulations of this Article shall govern each and every subdivision of land within the Town's planning jurisdiction as now or hereafter established.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

No land shall be subdivided, platted, or recorded, nor shall subdivided lots or parcels be sold, offered for sale, used, or occupied unless and until a final plat of the subdivision has been approved under this Article and has been recorded by the county register of deeds. No lot or parcel resulting from a division of land excluded from the definition of subdivision in § 30-10301 shall be sold, offered for sale, used, or occupied until the Town Planner certifies that such division of land falls within one of the exclusions listed in the definition of subdivision. No plat of any division of land within the Town's corporate limits shall be filed or recorded by the county register of deeds unless it contains the Town Planner's certification that the division of land has been approved under, or is not subject to, this Article.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Any owner or agent of the owner of any land located within the Town's corporate limits who subdivides their land in violation of this Article or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Article and recorded in the office of the Johnston County register of deeds, shall be guilty of a Class 1 misdemeanor; and civil penalties described in § 30-9401 Civil penalties.

(b)

The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty.

(c)

The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this Article.

(d)

Building permits required may be denied for lots that have been illegally subdivided.

(e)

In addition to other remedies, the Town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Minor subdivision. A minor subdivision shall include a division of land of four or fewer lots, including any remaining residual parcel. Minor subdivisions shall be reviewed in accordance with the standards in this Article as well as § 30-3313, Minor subdivision.

(b)

Major subdivision. A major subdivision shall include a division of land resulting in five or more lots, including any residual parcel. Major subdivisions shall be reviewed in accordance with the standards in this Article as well as § 30-3312, Major subdivision.

(c)

Expedited subdivision. An expedited subdivision is neither a major nor a minor subdivision, but shall fully comply with all applicable standards for the zoning district where it is located as well as the standards in § 30-3309, Expedited subdivision. Approval of an expedited subdivision requires the recordation of a subdivision plat in accordance with all applicable provisions in this Ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Subdivisions shall be designed with a street and pedestrian network which provides safe, adequate access to all lots within the subdivision. Extension of a public access to an adjoining property should be considered in the subdivision design where a compelling public need is deemed necessary for orderly development of these adjoining properties. However, the design of the local street network in a subdivision should not encourage large amounts of through traffic, the origins and destination of which are external to the subdivision, to use local roads in the subdivision. Due consideration should be given to preserving important natural features, such as trees, ponds, streams, lakes, as well as historical sites which are of value to the Town as a whole. Consideration shall also be given to grading to ensure the adequate flow of stormwater on the site, and the retention of stormwater as required by Johnston County Public Utilities Department.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Each lot in a subdivision shall comply with the lot design standards contained in this division and in Article 4 Zoning Districts. Newly created or revised lots shall be designed so that any existing structures continue to meet the requirements of this division or so that any existing nonconformity is not increased, enlarged, or extended. The standards of this section, however, do not apply to recreation areas.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Every subdivided lot shall comply with the minimum lot size, lot width, and street frontage standard as stipulated in this Article, as well as the standards of the Johnston County Environmental Health Department for lots not served by a public water and/or sanitary sewer system.

(b)

Lots laid out for commercial or industrial purposes shall be of a size that is adequate to provide for the structure to be located on the site; off-street parking facilities required by the type and use of the development; and any required landscape buffer or screening areas. Lots for residential use shall comply with the provisions of this division.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Lots. The arrangement of lots in a subdivision shall comply with the provisions of this division and the regulations of the Town and shall provide vehicular access to buildings on the lot from an approved street.

(b)

Blocks. Blocks shall be arranged with special consideration given to the type of land use proposed within the block.

(1)

Blocks shall not exceed 1,500 feet in length.

(2)

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic.

(3)

A pedestrian access easement not less than ten feet in width may be required near the center and entirely across any block greater than 900 feet in length to provide adequate access to schools, parks, churches, civic facilities, open space, trails, or greenways.

(4)

A pedestrian access easement not less than ten feet in width may be required from a cul-de-sac to help provide adequate access to schools, parks, churches, civic facilities, open space, trails, or greenways.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Flag lots and easement access lots shall be permitted only if it can be demonstrated by the applicant that the subdivision cannot be physically designed, that no reasonable alternative exists, or it would create an unreasonable hardship without a corresponding public benefit to prohibit flagpole lots. Hardships shall include the following:

(1)

Topographic constraints or irregularly shaped land in which no alternative exists;

(2)

Natural features such as ponds, streams, wetlands, or buffers exist which would limit street construction and/or lot design;

(3)

A long narrow parent parcel which would limit alternative designs;

(4)

A parent parcel that has limited or no direct road frontage which would require the use of a flagpole or easement with no alternative design available;

(5)

No alternative access is available or feasible such as a paved subdivision street or cul-de-sac street constructed to NCDOT standards.

(b)

It is the responsibility of the applicant to present evidence to the Town Planner that one or more of the hardships listed in subsection (a) above exist.

(c)

Any decision of the waiver described in subsection (a) of this section may be appealed to the Board of Adjustment as described in § 30-3302 Appeals.

(d)

All flag lots or easement access lots within a major subdivision shall meet the following requirements:

(1)

A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures;

(2)

The minimum flagpole width shall be 30 feet;

(3)

The minimum separation between the flagpole portion of the lot and that of another flag lot shall be 100 feet;

(4)

Where public water is available, the occupied building on the flag lot shall be within 500 feet of a fire hydrant. The hydrant shall not be across a street from a proposed flag lot. This distance shall be measured along the street, then along the flagpole, then from the end of the flagpole in a straight line to the building thereon;

(5)

Where public sewer is available, the occupied building on the lot shall have a gravity service line, or the sewer pump requirements shall be noted on the recorded plat;

(6)

Use of a single driveway to serve the flag lot and an adjoining lot is permitted and encouraged. In the case of a shared driveway, the location of the driveway shall be on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole; and

(7)

Designate the building footprint and orientation of the house on the preliminary plat.

(e)

The flagpole portion of a lot shall not be used to calculate the area, width, or setbacks of the lot for the zoning district in which the lot is located.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

For residential developments designed to have the dwelling units face an internal subdivision street and the rear of the dwelling units partially or completely facing an arterial or collector road, the following shall be required:

(a)

An eight-foot landscape berm, decorative wall, or opaque fence (excluding a wooden fence) is required for lots abutting a collector or arterial street.

(b)

The use of only plant material configured in accordance with a type C perimeter buffer (See § 30-6501(k), Perimeter buffers) is required for lots abutting all other streets.

(c)

Existing vegetation may be used provided the planting density meets or exceeds that required for a type C perimeter buffer (See § 30-6501(k), Perimeter buffers) and provided it remains undisturbed.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The arrangement, character, extent, width, grade, and location of all roads should be designed in relation to existing and proposed transportation patterns, topographical and other natural features, public convenience and safety, and proposed uses of lands to be served by such roads and existing and potential land uses in adjoining areas.

(a)

Minimum construction standards. All roads, whether public or private, shall meet the road construction standards as set forth in the latest edition of the NCDOT subdivision roads minimum construction standards for public roads, and shall:

(1)

Be dedicated for public use and meet the design and construction standards as required by the NCDOT for the functional classification and projected traffic volumes; and

(2)

Be privately owned and maintained while also meeting the design and construction standards as required by the NCDOT for the functional classification and projected traffic volumes.

(3)

For all roads not maintained by NCDOT and/or not dedicated for public use, be ensured proper maintenance through the establishment of a homeowners' association or a road maintenance agreement.

(b)

Other road requirements.

(1)

Permits for connecting to state roads. An approved permit is required to connect any subdivision street to an existing state road. This permit is required prior to constructing the road. The application is available at the office of the nearest district engineer of the division of highways.

(2)

Paving. All roads, whether public or private, shall be paved with asphalt, concrete, NCDOT-approved pavers, or other suitable all-weather surface as determined by the NCDOT. Gravel shall not be permitted as a surface for a new public or private roadway.

(3)

Extension of gravel roads. Extensions of existing gravel roads are permitted provided the total number of lots accessing the road does not increase by more than four from the number of lots accessing the road as of June 7, 2021. If the number of lots accessing an existing gravel roadway is increased by five or more after June 7, 2021, the full extent of the gravel roadway shall be paved in accordance with these standards. The development triggering the need to pave the existing gravel road shall bear the full financial responsibility for the costs of paving. In instances where the full extent of the gravel road requiring paving exceeds 2,500 linear feet in length, the Town Council may, in its sole discretion, enter into a development agreement (see § 30-3307) with the party financially responsible for the paving to explore alternatives.

(4)

Offsets to utility poles. Overhead utility poles shall be break-away or located outside the roadway clear zone.

(5)

Wheelchair ramps and curb cuts for disabled persons. All roads, sidewalks, curbing, crosswalks, and other road improvements shall conform to the requirements of § 136-44.14 of the North Carolina General Statutes and the Americans with Disabilities Act.

(6)

Mail box kiosks. All mail box kiosks shall meet the USPS Cluster Box Units Concrete Pad Installation - Interim Pad Policy (2/19/2017 or most recent edition) and the NCDOT Policy for Placement of Mail Cluster Box Units (9/1/2015 or most recent edition) and be subject to approval by the North Carolina Department of Transportation.

(c)

Relationship to adjoining properties. New streets or roads shall be appropriately related to, and coordinated with, adjoining properties and existing and proposed roadways. Roadways within a proposed subdivision may be required to connect with adjoining properties where necessary to permit the convenient, efficient and safe movement of traffic. All roads that extend to adjacent properties shall be designated as public roads.

(d)

Cul-de-sac length. No residential street terminating in a cul-de-sac shall exceed 1,500 feet in length.

(e)

Access to streets. Every subdivided lot shall front on, or have direct driveway access or dedicated easement to, a street meeting the standards of the latest edition of the NCDOT subdivision roads minimum construction standards for public roads.

(f)

Direct residential driveway connections. Subdivisions located on an arterial or collector road shall be designed such that no new subdivided lot shall have a direct driveway connection onto the arterial or collector road, unless it can be demonstrated that the proposed subdivision cannot be feasibly designed, or that no reasonable alternative exists, to prohibit driveway access onto the collector street.

(1)

Major subdivisions to be located on a local road shall be so designed that there shall be no more than one direct residential driveway connection per 500 feet along the same side of the local road, unless it can be demonstrated that the proposed subdivision cannot be physically designed, that no reasonable alternative exists, or it would create an unreasonable hardship without a corresponding public benefit to prohibit individual driveway access onto a local road.

(2)

Subdivision access. A second full-service access built to the standards of the Johnston County Design manual (as adopted by Town) for the purpose of ingress and egress, or emergency access easement will be required when meeting or exceeding the following thresholds:

a.

For subdivisions proposing between 100 and 200 lots, the developer has the option of providing a second full-service access built to the standards of the Johnston County Design Standards for the purpose of ingress and egress or a dedicated "emergency vehicle access." This "emergency vehicle access" is to be constructed of any all-weather surface and kept cleared at all times in case the main entrance is blocked, and emergency vehicles need to access the development.

b.

For subdivisions proposing 201 lots or more, a second full-service access built to Johnston County Design Standards for the purpose of ingress and egress will be required. In lieu of installation of a second full service access, a dedicated emergency vehicle access must be approved by the planning board and constructed as described above with a full service access approved by the planning board planned within the subdivision proposal for future development.

c.

Note: For determining when a second access is required, the count will be cumulative.

(g)

Subdivision road standards.

(1)

The applicant/developer shall be responsible for ensuring that all dedicated public subdivision streets are successfully accepted by NCDOT for maintenance. The applicant/developer shall be responsible for maintenance of all streets and protection of rights-of-way until such streets are accepted into the state road system.

(2)

Where streets are dedicated to the public but not accepted into the state system at the time the plat is recorded, a statement explaining the status of the street shall be included on the final plat. Said statements shall explain that the applicant/developer is ultimately responsible for the upkeep and maintenance of all streets until such time that the streets are included in the state system.

(3)

Stub out streets. All stub out streets shall be posted with a sign at least 24 inches by 36 inches in area but no greater than 36 inches by 48 inches with a minimum height of three feet and a maximum height of five feet stating the following: Road subject to future extension for additional lots.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2022-03-1 (UDO-TA-1-22), § 1, 3-7-2022; Ord. No. AL2022-08-2 (UDO-TA-3-22), § 1, 8-1-2022; Ord. No. AL2023-01-1 (UDO-TA-1-23), § 1, 1-3-2023)

When provided or required by either the planning board or Town Council, curb and gutters shall be constructed in accordance with plans and profiles meeting NCDOT specifications for curb and gutters.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Specifications.

(1)

Sidewalks or shared use paths (or greenways) will be provided along both sides of new collector and arterial streets as stated in the adopted Bicycle and Pedestrian Plan, Town of Archer Lodge, NC (2020).

(2)

Sidewalks or shared use paths shall be provided along one side of local streets inside major subdivisions of seven or more lots.

(3)

Sidewalks and/or greenways will be provided to all required open spaces and public parks, greenways and schools.

(4)

Sidewalks shall be constructed to a minimum width of five feet and in accordance with NCDOT specifications and construction standards.

(5)

All sidewalks shall be located behind curb and gutter or beyond the clear zone behind a swale or ditch.

(6)

All sidewalks shall be placed in the street right-of-way or within a public access easement.

(7)

A shared use path or greenway trail that is constructed in accordance with NCDOT specifications and construction standards (complete streets) and the most recent edition of the Town's bike and pedestrian plan may be credited towards required sidewalks on a case-by-case basis based on a determination by the Town Planner.

(b)

Protection of significant trees. Sidewalks and shared use paths (or greenways) shall be meandered as to protect and preserve existing significant trees. "Significant trees" depend on the species and health of the trees. Generally healthy overstory trees of eight inches or more in diameter at breast height (DBH) and understory trees of two inches or greater DBH are "significant." For that purpose, sidewalks and shared use paths (or greenways) may be placed within a minimum 15-foot-wide public access easement located outside the public right-of-way. In no case shall more than 30 percent of a tree's roots be disturbed.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Open space requirements. Residential subdivisions and multi-family development shall provide open space set-aside in accordance with Division 6 of Article 6.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Subdivisions of land for five or more single-family residential lots (including detached or attached units) shall be required to dedicate a portion of the land, or pay a fee-in-lieu thereof, for public parkland, in accordance with the standards of this section.

(a)

Dedication amount.

(1)

Single-family residential subdivisions of five or more lots shall dedicate 500 square feet of land per residential lot to the Town for its use in developing public parkland.

(2)

No credit towards required parkland dedication is given for lands mandated for preservation by State or federal requirements.

(3)

No more than 25 percent of the total dedication requirement may be met through dedication of water areas.

(b)

Procedure for dedication or payment of fee-in-lieu.

(1)

The developer shall identify land proposed for dedication or propose payment of a fee-in-lieu as part of the application for approval.

(2)

The Town shall review the proposed application and determine if it complies with the standards in this section. The decision to accept dedication or payment of a fee-in-lieu is up to the sole discretion of the Town Council.

(3)

In the event a request for payment of fee-in-lieu is made, the request shall be accompanied by the following:

a.

The assessed value of the land indicated for dedication and how the assessed value amount was determined; and

b.

The rationale or basis for the request for payment of a fee-in-lieu.

(4)

The fee-in-lieu shall be calculated based upon the total acreage of land required for dedication.

(5)

The land's assessed value (as determined by the Johnston County Tax Assessor) following subdivision shall be used to arrive at the required payment-in-lieu amount.

(6)

Decisions regarding acceptance of payment of fee-in-lieu shall be made by the Town Council in accordance with the following:

a.

There is sufficient public park land in proximity to the proposed development based on a review of the Town's adopted policy guidance and information from Town staff;

b.

Alternative open space and recreation resources provided on the subject site will be available for public use and will mitigate park land needs created by the proposed development;

c.

Collected funds could be utilized to further improve an existing park facility in a proximate location;

d.

The topography or other natural conditions of the site do not provide adequate opportunities for on-site recreation and park areas;

e.

The amount of park land to be dedicated is too small to provide adequate recreation and park opportunities or to be efficiently maintained;

f.

The intended location of the park land is too far from existing recreation and park areas to be efficiently maintained; or

g.

Adequate access is not available to the proposed park land.

(7)

Use of funds collected in accordance with this section shall only take place in the general vicinity of where funds are collected and may only be used for the purchase of in-kind lands or the same type of infrastructure in accordance with all applicable State and federal law.

(8)

The Finance Officer shall maintain records of the amounts collected, the timing, and the location, which shall be used by the Town as part of its capital facilities program.

(c)

Land shall be dedicated prior to recording the first final plat for the subdivision, or the payment-in-lieu shall be paid prior to recording the first final plat for the subdivision for which the payment-in-lieu is paid.

(d)

Nature of area to be dedicated. All lands proposed for dedication as park areas shall meet the following standards:

(1)

Unity. The dedicated land shall be a single parcel of land, whether the subdivision is developed in phases or sections, except where it is determined by the Town Council that multiple parcels would better serve Town residents.

(2)

Usability. Public parkland must be without significant topographic elevation changes, well-drained, usable land for a park, as determined by the Town Council. In cases where dedication includes an area of water, public access to all portions of a water feature shall be provided and maintained, regardless of water feature's size.

(3)

Shape. The dedicated land shall be of a shape that supports gathering and recreation activities.

(4)

Location.

a.

The dedicated parkland shall be located so it can reasonably serve the park needs of the residents of the subdivision and immediate area.

b.

The Town Council may require that the land dedicated be located on the periphery of the development in order to allow enlargement by combining the recreation and park area with adjacent development or park facilities, existing or planned.

(5)

Access.

a.

All dwelling units in the subdivision and residents in the immediate area shall have access to and from the parkland provided by means of streets and public walkways or trails.

b.

Rights-of-way for this access shall be shown on the preliminary and final plats.

c.

All dedicated lands shall have access by way of a street. Such access can be provided when the dedicated land is adjacent to existing or proposed public parkland with street access.

(e)

Credit for greenways and trails. Land or easements dedicated to the Town for use as greenways, trails, or shared paths shall be credited towards the public park dedication standards in this section.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Required dedication and construction.

(1)

Whenever a tract of land included within any proposed major subdivision or subject to a site plan application includes any part of a trail or shared use path designated in the Town's adopted policy guidance, the trail or shared use path shall be platted and dedicated to the Town.

(2)

Trails and shared use paths shall be constructed as part of the required infrastructure serving a site or a subdivision.

(b)

Trail/path configuration. A shared use path or trail shall be constructed in accordance with NCDOT specifications and construction standards (complete streets) and the most recent edition of the Town's bike and pedestrian plan and the following:

(1)

The land dedicated to the Town for a trail or shared path access way shall be at least 12 feet wide.

(2)

The trail or shared use path shall include a trail of at least ten feet in width, paved with asphalt or concrete that meets ADA guidelines for accessibility.

(3)

The trail or path shall be edged with gravel shoulders of at least one foot in width on each side.

(4)

Positive drainage shall be established in areas adjacent to the paved trail or path.

(5)

In cases where a trail or path crosses a street, the pedestrian crossing area shall be demarcated and supplemented with signage that alerts drivers to the presence of pedestrians.

(c)

Density credits.

(1)

Land that is dedicated in fee-simple interest to and accepted by the Town in accordance with this section shall be credited toward the donating parcel's lot or tract area for the purpose of calculating the density of development and area coverage calculations though no longer part of the parcel.

(2)

Dedicated land credits shall be transferred to subsequent holders if properly noted in transfer deeds.

(d)

Open space set-aside credits. Land associated with a trail or shared use path that is dedicated to the Town shall be credited towards any open space set-aside requirements.

(e)

Park land dedication credits. Land associated with a trail or shared use path that is dedicated to the Town shall be credited towards any public parkland dedication requirements.

(f)

Payment in-lieu of providing required trails or paths. Provision for payment of a fee-in-lieu of providing a required trail or shared use path shall be in accordance with the following:

(1)

In the event a request for payment of fee-in-lieu is made, the request shall be accompanied by the following:

a.

The assessed value of the land indicated for dedication and how the assessed value amount was determined; and

b.

The rationale or basis for the request for payment of a fee-in-lieu.

(2)

The fee-in-lieu shall be calculated based upon the total acreage of land required for dedication.

(3)

The land's assessed value (as determined by the Johnston County Tax Assessor) following subdivision shall be used to arrive at the required payment-in-lieu amount.

(4)

Decisions regarding acceptance of payment of fee-in-lieu shall be made by the Town Council in accordance with the following:

a.

Alternative open space or transportation resources provided on the subject site will be available for public use and will mitigate trail or path needs created by the proposed development;

b.

Collected funds could be utilized to further develop or extend a trail or shared use path in a proximate location;

c.

The topography or other natural conditions of the site do not provide adequate opportunities for the trail or path;

d.

The amount of land to be dedicated is too small to provide adequate trail or path facilities or to be efficiently maintained;

e.

The proposed path or trail segment is not likely to connect with other trail or shared use paths in the foreseeable future, as determined by the Town Planner; or

f.

Adequate access is not available to the proposed path or trail.

(5)

Use of funds collected in accordance with this section shall only take place in the general vicinity of where funds are collected and may only be used for the purchase of in-kind lands or the same type of infrastructure in accordance with all applicable State and federal law.

(6)

The Finance Officer shall maintain records of the amounts collected, the timing, and the location, which shall be used by the Town as part of its capital facilities program.

(7)

Land shall be dedicated prior to recording the first final plat for the subdivision, or the payment-in-lieu shall be paid prior to recording the first final plat for the subdivision for which the payment-in-lieu is paid.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Service by public systems. All developments shall be served by a public/private water supply and a public/private sanitary sewer system wherever practicable. Fire hydrants of sufficient water pressure to provide adequate fire protection shall be provided where necessary. All proposed public water and sanitary sewer installations shall be approved by the appropriate public utilities department. Certification of such approval shall be submitted to the Town Planner prior to issuance of any zoning compliance permit for the development being served. No certificate of occupancy for a structure shall be issued until the following documents have been submitted to the Town Planner:

(1)

Certification that all water/sewer facilities necessary to serve such structure have been completed to the appropriate approving authority standards; and

(2)

As-built construction drawings of those completed water and/or sewer facilities as required by the utility provider(s).

(b)

Service by individual systems. Individual water supply/sewer treatment systems intended to provide potable water/sewer treatment, and/or individual subsurface sewage disposal systems, may be permitted on a parcel/lot, subject to approval by the Johnston County Environmental Health Department. Certification of the Johnston County Environmental Health Department approval shall be submitted to the Town Planner prior to issuance of any zoning compliance permit for the development being served.

(c)

Public water, fire hydrants, and sewer systems. Subdivisions that incorporate a public water distributions system and/or a public sewage collection system shall require that all future homeowners connect to the public water and/or sewer system prior to the issuance of a certificate of occupancy for their principal structure. All subdivisions incorporating a public water distribution system and/or a public sewage collection system shall comply with the standards of the State of North Carolina, Johnston County, and any other public utility providers.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

For all new developments, except residential subdivisions of four lots or less, all utility lines, other than lines used only to transmit electricity between generating stations or substations and three-phase electric power distribution lines, shall be placed underground, and all surface disruptions required for installation shall be rehabilitated to the original or an improved condition.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

All subdivisions subject to this Article shall comply with the Johnston County Stormwater Management Ordinance (Johnston County Land Development Ordinance, Art. VII) and the Stormwater Design Manual, which were adopted by reference on October 12, 2012.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

That all required improvements (streets, utilities, storm drainage facilities, street signs, and facilities for common use, if any) approved as part of the preliminary plat approval and serving lots shown on the final plat have been completed, or sufficient performance guarantee has been posted;

(b)

That a performance guarantee at a rate of 1.25 of the estimated cost and description thereof, including sufficient means and procedures, to ensure satisfactory completion of any uncompleted improvements have been posted at the time the plat is recorded, or in the case of phased subdivisions at the time a subsequent plat is recorded, provided that the Town Planner shall specify which subsequent final plat requires the performance guarantee.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The duration of the performance guarantee shall initially be one year, unless the applicant/developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the applicant/developer determines that the scope of work for the required improvements necessitates a longer duration.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

An applicant/developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension.

(b)

If the improvements are not completed to the specifications of the Town or county, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period; provided, however, that the extension shall only be for a duration necessary to complete the required improvements.

(c)

If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision d of this subsection and shall include the total cost of all incomplete improvements.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the Town that the improvements for which the performance guarantee is being required are complete.

(b)

The Town shall return letters of credit or escrowed funds upon completion of the required improvements to the specifications of the Town, or upon acceptance of the required improvements, if the required improvements are subject to Town acceptance.

(c)

When required improvements that are secured by a bond are completed to the specifications of the Town, or are accepted by the Town, if subject to Town acceptance, upon request by the applicant/developer, the Town shall timely provide written acknowledgement that the required improvements have been completed.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The amount of the performance guarantee shall not exceed 125 percent of the reasonably estimated cost of completion at the time the performance guarantee is issued.

(b)

The Town may determine the amount of the performance guarantee or use a cost estimate determined by the applicant/developer. The reasonably estimated cost of completion shall include 100 percent of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing.

(c)

The additional 25 percent allowed under this section includes inflation and all costs of administration regardless of how such fees or charges are denominated.

(d)

The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 125 percent of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Prior to the approval of any final subdivision plat the applicant/developer shall create a homeowner's association to be responsible for the at least the items listed in this section. The restrictive covenants will contain the model language found in Article 11, Division 4. The proposed restrictive covenants will be reviewed and approved by the Town Attorney. The model language need not be followed, if substantial similar covenants accomplishing the goals of this section are proposed and then approved by the Town Attorney. A copy of the recorded covenants will be provided to the Town Planner before the final plat is recorded. If a development is built in phases the covenants will be reviewed and approved before the final plat is issued for the first phase.

(b)

Prior to final approval of any residential major subdivision submitted after the effective date of the ordinance from which this section is derived, the applicant/developer shall include in the restrictive covenants a provision that mandates the discharge of firearms is strictly prohibited anywhere in the subdivision or on any adjoining property owned by the developer or homeowner association (HOA). Discharging of air guns, air pistols and air rifles, not to exceed a caliber of 0.177, is permitted, as they are not considered firearms within the meaning of this section.

(c)

Prior to the final approval of any major subdivision submitted after August 3, 2020, the applicant/developer will meet the following goals regarding ownership, maintenance and repair of the subdivision's rights-of-way, roads, sidewalks, greenways and related stormwater drainage infrastructure:

(1)

A homeowner's association will be created by the applicant/developer, known in this subsection as the declarant.

(2)

Membership in the HOA is mandatory for all current and future property owners for the purpose of maintaining the streets, sidewalks, greenways and related stormwater drainage infrastructure.

(3)

The declarant will own and maintain the roads, sidewalks, greenways and associated stormwater drainage infrastructure until such time as the ownership interest is transferred to the HOA or to NCDOT.

(4)

The HOA is responsible for the maintenance and repair of the streets, sidewalks and related stormwater drainage infrastructure to NCDOT Standards in the current edition of the "Subdivision Roads Minimum Construction Standards."

(5)

Each member of the HOA will be assessed annually their pro rata share of the costs of road, sidewalks and greenway maintenance and related stormwater drainage infrastructure but in no case less than $100.00.

(6)

The association shall deposit all assessments for the purpose of maintenance, repair, and upkeep of the streets, roads, sidewalks, and greenways together with associated stormwater drainage infrastructure of the subdivision into a separate account with an accredited, FDIC backed banking institution in the name of the association. The association shall file with the Town, by the first day of the calendar year, an annual accounting of said maintenance account.

(7)

The HOA or declarant, whichever the case may be, shall either (i) Petition the NCDOT to assume ownership and maintenance of the rights-of-way, roads, sidewalks greenways and related stormwater drainage infrastructure or (ii) Provide that the rights-of-way, roads, sidewalks, greenways and related stormwater drainage infrastructure be privately owned and maintained to NCDOT standards in perpetuity.

(8)

To the extent permitted by law, in the event that the streets, roads, sidewalks, and greenways together with associated stormwater drainage infrastructure of the subdivision and the rights-of-way thereto have not been previously dedicated to the NCDOT, in the event the association should dissolve, the association shall transfer any and all ownership interest in the streets, roads, sidewalks, and greenways together with associated stormwater drainage infrastructure of the subdivision and the rights-of-way thereto, as well as the associated maintenance account as described in paragraph (6) above, to another legal entity for the purpose of maintenance, repair, and upkeep.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)