The Town Council of the Town of Beech Mountain, pursuant to the authority conferred by an act of the General Assembly of the State of North Carolina (G.S. Ch. 160D, Art. 8) does hereby ordain and enact into law this subchapter and these sections.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1801) (Ord. 2021-03, passed 6-8-2021)

   The purpose of these regulations is to establish procedures and standards for the development and subdivision of real estate within the corporate limits of the Town of Beech Mountain in an effort to, among other things, ensure proper legal description, identification, monumentation and recordation of real estate boundaries; further the orderly layout and appropriate use of the land; provide safe, convenient and economic circulation of vehicular traffic; provide suitable building sites which are readily accessible to emergency vehicles; assure the proper installation of streets and utilities; promote the eventual elimination of unsafe or unsanitary conditions arising from undue concentration of population; and help conserve the protect the physical and economic resources of the Town of Beech Mountain.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1802) (Ord. 2021-03, passed 6-8-2021)

   (A)   Approval of plats.

      (1)   All plats for the subdivision of land shall conform to the requirements of these regulations, and shall be submitted in accordance with the procedures and specifications established herein. No plat of a subdivision of land within the Town of Beech Mountain shall be filed or recorded by the Watauga or Avery County Register of Deeds until it has been submitted to and given final approval as provided herein, and until such approval is entered on the face of the final plat by the Clerk of the Town of Beech Mountain.

      (2)   No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the water supply watershed regulations contained in this Zoning Ordinance. 1

   (B)   Permits. 2 [Reserved]

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1803) (Ord. passed 10-9-1991; Ord. passed 12-14-1999 (Ord. 2021-03, passed 6-8-2021)

   For the purpose of this subchapter, certain words or terms used herein shall be defined as follows:

   BUILDING SETBACK LINE. Shall mean a line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.

   CORNER LOT. Shall mean a lot abutting upon two or more streets at their intersection.

   CUL-DE-SAC. Shall mean a street permanently terminated by a turn-around.

   DOUBLE-FRONTAGE LOT. Shall mean a continuous lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts.

   EASEMENT. Shall mean a grant by the property owner for use, by the public, a corporation, or person(s) of a strip of land for specified reasons.

   INDIVIDUAL SEWER SYSTEM. Shall mean any septic tank, privy or other facility serving a single source or connection and approved by the County Sanitarian.

   INDIVIDUAL WATER SYSTEM. Shall mean any well, spring, stream or other source used to supply a single connection.

   LOT. Shall mean a portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both. The word LOT includes the word "plot" or "parcel."

   OFFICIAL MAPS or PLANS. Shall mean any maps or plans officially adopted by the Town Council as a guide for the development of the town.

   PLANNING BOARD. Shall mean the Beech Mountain Planning Board.

   PRIVATE DRIVEWAY. Shall mean a private access way serving three or fewer lots, building sites or other divisions of land and not intended to be public ingress or egress. Road maintenance, garbage collection and snow removal are not supplied by the town to properties located on private driveways.1

   PUBLIC SEWER SYSTEM. Shall mean any sewer system owned and operated by the Town of Beech Mountain.

   PUBLIC WATER SYSTEM. Shall mean any water system owned and operated by the Town of Beech Mountain.

   SHALL. Is always mandatory and not merely directory.

   SINGLE-TIER LOT. Shall mean a lot which backs upon a limited access highway, a railroad, a physical barrier, or a non-residential use and to which access from the rear of the lot is usually prohibited.

   STREET. Shall mean a dedicated right-of-way intended for vehicular traffic.

   SUBDIVIDER. Shall mean any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

   SUBDIVISION. Shall mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, for the purpose of sale or building development, whether immediate or future, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this subchapter:

      (1)   The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as required by this subchapter.

      (2)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.

      (3)   The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.

      (4)   The division of a tract of land in single ownership whose entire area is not greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the town as required by this subchapter.

      (5)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with interstate succession under G.S. Ch. 29.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1804) (Ord. passed 6-4-1985; Ord. 2021-03, passed 6-8-2021)

   (A)   General.

      (1)   No final plat of a subdivision within the Town of Beech Mountain shall be recorded by the Register of Deeds of Watauga or Avery County until it has been approved as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedure established in this subchapter.

      (2)   All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Zoning Administrator to determine if the property is located in a Public Water Supply Watershed. 1

      (3)   Furthermore, no street shall be maintained by the town nor street dedication accepted for ownership and maintenance, nor shall water, sewer or other public facilities or services be extended to or connected with any subdivision for which a final plat is required to be approved unless and until such final plat has been approved.

   (B)   Minor subdivision review process. 2

      (1)   Purpose. The minor subdivision review procedure affords a simplified process for the review and approval of qualifying a subdivision. Such subdivisions should have only limited impact on community facilities and services. If for any reason the Zoning Administrator should determine that a subdivision which meets the basic criteria for the minor subdivision review process has features that could potentially represent the need for a more thorough review, he or she shall state in writing the reasons for his or her determination. Approval shall be denied under the minor subdivision review process, and the subdivider referred to the major subdivision review process.

      (2)   Definition.

         (a)   Any number of lots on an existing, approved street provided the following conditions are met:

            1.   Involves no street right-of-way dedication or street construction of any kind; and

            2.   Not requiring extension of public water and/or sewage lines; and

            3.   Not requiring creation of new drainage easements through property to serve property in the rear; and

            4.   Does not create any new or residual lots that do not conform to the requirements of the Zoning Ordinance, these Subdivision Regulations or any other land use controls, regulations or ordinances of the town; or

         (b)   Involves no more than four lots (expressed, planned or implied).

      (3)   Submissions to Zoning Administrator.

         (a)   The subdivider shall submit to the Zoning Administrator three copies of the final plat, accompanied by a filing fee established by the Town Council. The master schedule of fees is maintained in the Clerk’s office.

         (b)   The final plat shall be reviewed by the Zoning Administrator and other members of the town staff for compliance with this subchapter and other town policies. The town's consulting engineer shall also review the plat when deemed necessary by the Administrator.

         (c)   Within 30 days of the first consideration of the final plat, the Zoning Administrator shall approve or disapprove the final plat. If the final plat is in compliance with the subchapter, the Zoning Administrator shall approve the final plat.

         (d)   If the Zoning Administrator disapproves the final plat, he or she shall state in writing his or her reasons for such action, specifying the provisions of this subchapter with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within five days of disapproval, and one copy shall be retained by the Zoning Administrator as part of his or her proceedings.

         (e)   Appeal from the Zoning Administrator shall be by petition to the Planning Board to be heard at their next regularly scheduled meeting following the Zoning Administrator's ruling.

         (f)   The original tracing and one paper print of the final plat shall be retained in the Zoning Administrator's office.

         (g)   The approval of a final plat shall not be deemed to constitute or affect the acceptance by the town of any dedication shown on the plat. However, the Town Council, by resolution, may accept any dedication made to the public of lands or facilities located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction shall not place on the town any duty to open, operate, repair or maintain any land or facility.

   (C)   Sketch Plan. 3 Prior to preliminary plat application, the subdivider shall submit a sketch plan of the proposed subdivision to the Zoning Administrator. The purpose of submitting the sketch plan is to afford the subdivider an opportunity to obtain the advice and assistance of the town staff to facilitate the subsequent preparation and approval of the preliminary plat. This procedure does not require formal application or fee.

      (1)   Contents required. A simple sketch plan shall be drawn at a scale of no less than 200 feet to one inch and shall show the proposed street layout with approximate pavement width; approximate right-of-way width; proposed lot layout and approximate number of lots; the location of existing and proposed water and sewer lines; existing physical features including streets, structures and utilities; significant natural features including wooded areas, ponds, streams and marshes; sketch view of any proposed drainage facilities; proposed use of land; tract boundary; total acres; subdivider's name and address; subdivision name; north point; and a sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, roads and waterways.

      (2)   Sketch plan review procedure. Once submitted, the Zoning Administrator and other appropriate staff members shall review the sketch plan to ensure compliance of the proposal with town requirements. When the staff is in agreement that the proposal is in compliance, the Zoning Administrator shall notify the applicant, in writing, that the preliminary plat may be prepared.

   (D)   Preliminary plat. 4

      (1)   General. For all subdivisions other than minor subdivisions the subdivider shall submit a preliminary plat, containing all required information, to the Zoning Administrator at least 14 days prior to the regular Planning Board meeting at which said plat is to be considered. At least five copies of said preliminary plat shall be required, provided that additional copies may be required by the Town of Beech Mountain prior to submission of the preliminary plat to the Planning Board.

      (2)   Contents required.

         (a)   Title block. Subdivision name, subdivider's name, north arrow, scale (denoted graphically and numerically), date of plat preparation, location of subdivision (township, county and state), name and seal of registered surveyor preparing plat.

         (b)   The boundaries of the entire tract to be subdivided, with all bearings and distances accurately shown.

         (c)   Property lines and owners' names of adjoining properties and/or adjoining subdivisions of record.

         (d)   Significant natural features including wooded areas, marshes, major rock outcrops, lakes or streams, or other natural features affecting the site.

         (e)   Existing physical features including buildings, streets, railroads, power lines, drainageways, sewer and water lines, utility easements, and town limit lines both on or adjacent to the land to be subdivided.

         (f)   Topographic contour lines at five-foot intervals when the area to be subdivided exceeds two acres or has proposed streets which will exceed 800 lineal feet.

         (g)   A sketch vicinity map showing the location of the subdivision in relation to the surrounding area.

         (h)   Proposed streets showing pavement widths, rights-of-way, curbing, if any, and proposed street names.

         (i)   A "letter of approval" for the proposed street plan shall accompany the preliminary plat indicating that street plans have been reviewed and approved in the following manner:

            1.   Street plans for all subdivisions within the Town of Beech Mountain shall be reviewed by the town staff and approved by the Beech Mountain Town Manager prior to preliminary plat approval.

            2.   Street plans shall contain all data, calculations, and information as required by the Town of Beech Mountain.

         (j)   Sketch view of proposed water and sewer system layouts shall show the location of lines, line sizes, approximate location of manholes, pumps, hydrants, force mains, and the connection of the proposed system(s) with existing systems.

         (k)   A "letter of approval" for proposed sanitary sewer and water distribution shall accompany the preliminary plat indicating that plans for proposed public sewer and water systems have been reviewed and approved by the Town of Beech Mountain and the appropriate state agency (see § 154.251(D)). All subdivisions shall obtain drinking water and sewer service. The cost of extending water and/or sewer lines from the existing town lines shall be borne by the developer of the subdivision.

         (l)   All proposed lot and street right-of-way lines with approximate dimensions, lot and block numbers, all easements, designation of any dedication or reservations to be made, building setback lines, and proposed use of land if other than single-family residential.

         (m)   Sketch view of proposed drainageways, storm sewers, culverts, retaining ponds, or areas where water is to be diverted through grading; and other evidence necessary to assure the Planning Board that the proposed method of drainage will meet the objectives of § 154.251(E).

         (n)   Proposed location and description of any other improvements including, but not limited to, riding trails, sidewalks, pedestrian or bike ways, reserved open space or recreational facilities, school sites, commercial areas, or buffer strips.

         (o)   Total acreage in tract to be subdivided; smallest lot size; total number of lots; lineal feet in streets and zoning district.

         (p)   If the subdivision is to be accomplished in phases, then the preliminary plat must outline areas to be developed as units and the sequence of development of those units.

      (3)   Preliminary plat review procedure.

         (a)   The Planning Board shall review and either approve, approve conditionally, or disapprove each preliminary plat. First consideration of the preliminary plat shall be at the next regularly scheduled meeting of the Planning Board that follows at least 14 days after the plat is submitted.

         (b)   Before taking final action on the preliminary plat the Planning Board may refer copies of the plat and any accompanying material to those public agencies concerned with new development, provided that failure of the Planning Board to receive comment shall not delay Planning Board action on said plat in a timely manner.

         (c)   If the Planning Board approves the preliminary plat, such approval shall be indicated on five copies by the Chairperson or other authorized member of the Planning Board. One copy each shall be transmitted to the Town Manager, Director of Public Works, Zoning Administrator, one copy shall be returned to the subdivider, and one copy shall be made part of the minutes of the Planning Board.

         (d)   If the Planning Board disapproves or approves conditionally said plat, the reasons for such action shall be stated in writing and entered in the records of the Planning Board. The subdivider may make changes and submit a revised plat which shall be submitted, reviewed, and acted upon by the Planning Board pursuant to this section.

         (e)   Approval of the preliminary plat shall be valid for one year unless a written extension is granted by the Planning Board on or before the one-year anniversary of said approval. If the final plat is not submitted for approval within said one-year period or any period of extension, the said approval of the preliminary plat shall be null and void.

   (E)   Installation of improvements. 5 Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final improvements in accordance with the approved preliminary plat and the requirements of this subchapter.

      (1)   Improvement guarantees for subdivisions having ten or less lots. Prior to approval of a final plat, the subdivider shall have installed improvements specified in this subchapter or guaranteed their installation as provided below.

         (a)   Agreement and security required.

            1.   In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the Town of Beech Mountain may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements within a reasonable time, to be determined in said agreement. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Planning Board provided it meets with the requirements of division (F) below.

            2.   To secure this agreement, the subdivider shall provide, subject to the approval of the Planning Board, either one or a combination of the following guarantees not exceeding 1.25 times the entire cost as provided herein:

               a.   Surety performance bond(s). The subdivider shall obtain performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Beech Mountain and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the Town Manager, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the Town Council.

               b.   Cash or equivalent security.

                  i.   The subdivider shall deposit cash or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the Planning Board. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the Town Manager, of installing all required improvements.

                  ii.   If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Planning Board an agreement between the financial institution and himself or herself guaranteeing the following:

                     A.   That said escrow account shall be held in trust until released by the Town Council and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and

                     B.   That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the Town Council, immediately either pay to the town all funds in said account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.

         (b)   Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements, the Town Council may require the subdivider, the surety, or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account fund to the Town of Beech Mountain. Upon payment, the Town Council shall expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements.

         (c)   Release of guarantee security. The Town Council may release a portion of any security posted as the improvements are completed and recommended for approval by the Town Manager. Within 32 days after receiving the Town Manager's recommendation, the Town Council shall approve or not approve said improvements. If the Town Council approves said improvements, then it shall release any security posted at the time the subdivider posts the necessary maintenance guarantees.

      (2)   Improvement guarantees for subdivisions having more than ten lots. Prior to the beginning of construction of any improvements, the subdivider shall guarantee the completion of all such improvements within a reasonable period of time as provided below.

         (a)   Agreement and security required. The subdivider shall enter into an agreement with the Town of Beech Mountain whereby the subdivider agrees to complete all of the required improvements within a reasonable period of time to be specified in said agreement. Once said agreement is signed by both parties and the security required herein in provided, the subdivider may commence the construction of said improvements. To secure this agreement the subdivider shall provide, subject to the approval of the Planning Board, either one or a combination of the guarantees set forth in division (E)(1)(a)2.a. or b. above.

         (b)   Application to security. The terms of division (E)(1)(b) above concerning default and division (E)(1)(c) above concerning release of guaranteed security shall apply to the security provided for in this section.

      (3)   Maintenance guarantees. 6

         (a)   Guarantee of all municipal improvements. The subdivider shall guarantee all municipal improvements within the subdivision required by the subdivision regulations for a period of one year following the dedication of such improvements to the Town of Beech Mountain, and receipt of the town's written acknowledgment that said improvements meet the town's specifications. To secure such guarantee, the subdivider shall provide the Town of Beech Mountain with a Surety Performance Bond or an equivalent security as the same are described in division (E)(1)(a)2.a. or b. above, except that the amount of such bond or cash deposit shall be equal to 0.25 times the entire cost of installing all required improvements, as estimated by the subdivider and approved by the Town Manager.

         (b)   Payment of bond or escrow accounts. Upon default, meaning failure on the part of the subdivider to make any necessary repairs within a reasonable period of time to be determined by the town after such repairs become necessary, the Town Council may require the subdivider, the surety or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account funds to the Town of Beech Mountain. Upon payment, the Town Council shall expend such portion of said funds as it deems necessary to complete all or any portion of the required repairs.

         (c)   Release of guarantee security. After a period of one year has expired from the dedication of such improvements to the Town of Beech Mountain, and the receipt of the Town's written acknowledgment that said improvements meet the Town's specifications, the Town shall release any portion of the security remaining to the subdivider when all improvements are in an acceptable condition.

   (F)   Final plat. 7

      (1)   General. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time of submission. No final plat shall be approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this subchapter (with the exceptions of individual sewer systems), or shall have guaranteed their installation as provided for in division (E) above. In addition, no final plat shall be approved unless and until the subdivider shall have installed improvements depicted on the preliminary plat, as well as any off-site improvements required by the town, which relate to or are required for proper functioning of those improvements within the area depicted on the final plat. The subdivider shall submit six copies and one original of the final plat to the Zoning Administrator no less than 14 days prior to the regular Planning Board meeting at which it shall be considered for approval.

      (2)   Contents required. The original of the final plat shall be prepared on linen or mylar film, drawn on a sheet 14 inches by 18 inches, or 18 inches by 24 inches, or such other size acceptable to the Register of Deeds of Watauga or Avery County and at such a scale of not less than 200 feet to one inch, and shall conform substantially to the preliminary plat as approved. The plat shall conform to the provisions of G.S. § 47-30, as amended. The final plat shall be prepared by a registered land surveyor and shall show the following information:

         (a)   Subdivision name, north arrow, scale denoted graphically and numerically, date of plat preparation, and township and county and state in which the subdivision is located; and the name(s) or the owner(s) and the registered surveyor(s) (including the seal(s) and registration number(s) of the registered surveyor(s)).

         (b)   The exact boundary lines of the tract or portion of the tract for which final approval is sought fully dimensional by lengths and bearings, and the location of intersecting boundary lines of adjoining lands.

         (c)   The names and deed references (when possible) of owners of adjoining properties and adjoining subdivisions of record (proposed or under review).

         (d)   All visible and apparent rights-of-way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property shown.

         (e)   Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback lines, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets.

         (f)   The accurate locations and descriptions of all monument markers, and control points.

         (g)   The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block.

         (h)   Minimum building setback lines.

         (i)   Street names and right-of-way lines of all streets and the location and width of all adjacent streets and easements.

         (j)   The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated.

         (k)   Forms for final certifications. The following certificates shall be lettered or rubber stamped on the final plat in such a manner as to ensure that said certificates will be legible on any prints made there from.

            1.   Certificate of Approval by the Planning Board.

      I,                                     , Chairperson of the Planning Board, hereby certify that the said Board fully approved the final plat of the Subdivision entitled                              on the           day of 20    .

      Chairperson

            2.   Certificate of Ownership and Dedication. *

      I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all streets, sewers, water lines, alleys, walks, parks, and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of Beech Mountain, North Carolina.

Date         Owner

Owner

            3.   Certificate of Accuracy. *

(As required under G.S. § 47-30, as amended.)

Date         Registered Surveyor

            4.   Certification of Approval of the installation and construction of streets, utilities and other required improvements. *

      I hereby certify (1) that streets, utilities, and other required improvements have been installed in an acceptable manner and according to Town specifications and standards in the subdivision entitled                            , or (2) that a guarantee of the installations of the required improvements in an amount satisfactory to the Town of Beech Mountain has been received.

Date         Town Manager

            5.   Certificate of Approval for recording plat.

      I,                                 , the Town Clerk of the Town of Beech Mountain, North Carolina, do hereby certify that on the          day of                , 20      , the Planning Board of the Town of Beech Mountain approved this plat for recording. The Town shall not assume any responsibility to open or maintain public improvements indicated or depicted on this plat until in the opinion of the Town Council it is in the public interest to do so.

Date         Town Clerk

            6.   Certificate of Approval for recording minor subdivision plat.8

      I hereby certify that the minor subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Beech Mountain, and that it has been approved for recording in the Office of the Register of Deeds of Watauga/Avery County.

Date         Zoning Administrator

            7.   * Note. Certificates 2., 3., and 4. above must be represented on the final plat and signed by the designated person prior to Planning Board approval.

      (3)   Final plat review and procedure.

         (a)   The subdivider shall submit the final plat to the Planning Board within one year of the date of preliminary plat approval (unless an extension was granted) and at least 14 days prior to a regularly scheduled meeting and shall submit at least six copies of the final plat and one original of the final plat.

         (b)   Before acting on the final plat the Planning Board may request reports from any person or agency directly affected by the proposed development. Such reports shall certify compliance with or note deviations from the approved preliminary plat and the requirements of this subchapter.

         (c)   Consideration of the final plat shall begin at the next regularly scheduled meeting of the Planning Board after the final plat is submitted in accordance with procedures set forth in this section. Prior to final plat approval, certificates in division § 154.249(F)(2)(k)2., 3., and 4. above, must be presented on the final plat and signed by the designated persons.

         (d)   If the Planning Board approves the final plat, such approval shall be indicated on the original and each copy of the final plat by certificate in § 154.249(F)(2)(k)1..

         (e)   If the Planning Board disapproves the final plat, the Planning Board shall find in writing the provisions of this subchapter with which the plat does not comply and the facts constituting noncompliance with said provision(s). One copy of said findings shall be sent to the subdivider within five days of the disapproval and one copy shall be retained by the Planning Board as part of its proceedings. If the final plat is disapproved, the subdivider may make such changes as needed to bring the plat into compliance with the provisions of this subchapter and resubmit the same for reconsideration by the Planning Board pursuant to the procedures set forth in this section.

         (f)   The original tracing of the final plat shall be recorded by the subdivider with the Watauga or Avery County Register of Deeds within 60 days after the date of Planning Board approval. One each print shall be filed with the Town Manager, Director or Public Works, Zoning Administrator, the Town Clerk, one print shall be recorded with the minutes of the Planning Board and one print shall be returned to the subdivider.

   (G)   Recording the final plat. Within 60 days after the final plat has been approved by the Beech Mountain Planning Board, it shall have been recorded with the Register of Deeds of Watauga or Avery County. Should the 60-days' time limit expire before the plat is recorded, it must be resubmitted to the Planning Board for reprocessing. Upon adoption of this subchapter, the Register of Deeds of Watauga or Avery County shall not thereafter file or record a plat of a subdivision located within the Town of Beech Mountain until such plat has been approved by the Planning Board. Without the approval of the Planning Board, the filing or recording of a subdivision plat shall be null and void.

(1989 Code, Title V, Ch. 51, Art. XVIII, §1805) (Ord. passed 10-11-1988; Ord. passed 10-9-1991; Ord. passed 3-9-1993; Ord. 7-13-1993; Ord. passed 12-14-1999; Ord. 2017-04, passed 2-14-2017; Ord. 2021-03, passed 6-8-2021)

   (A)   Conformity to existing maps or plans. The location and width of all proposed streets shall be in conformity with official plans and maps of the Town of Beech Mountain and with existing or amended plans of the Planning Board.

   (B)   Continuation of adjoining street system. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.

   (C)   Access to adjacent properties. Where, in the opinion of the Planning Board, it is desirable to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turn-around shall be provided.

   (D)   Large tracts or parcels. Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.

   (E)   Alleys. Alleys shall be provided to the rear of all lots used for other than residential purposes. Alleys are prohibited in residential blocks unless such are approved by the Planning Board. All dead-end alleys shall be provided with a turn-around.

   (F)   Street names. Proposed streets, which are obviously in alignment with existing streets, shall bear the assigned name of the existing streets. In no case shall the name of the proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc. All street names are subject to the approval of the Town Council.

   (G)   Surveying and placement of monuments. The Manual of Practice for Land Surveying, as adopted by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, under provisions of G.S. Ch. 89C, shall apply when conducting surveys.

   (H)   Preparation of plans by a registered engineer. All plans for streets, drainage, water and sewer (except individual sewer systems) as required in this subchapter shall be prepared by a registered engineer. The engineer's seal shall be affixed to such plans.

   (I)   Municipal services. 1 The Town of Beech Mountain shall not provide any municipal services to subdivisions where it is necessary to travel over a private road to reach such subdivision unless the Town Council chooses to accept the necessary 2 road right-of-way easement.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1806) (Ord. passed 10-11-1988; Ord. 2021-03, passed 6-8-2021)

   (A)   Suitability of land. Where land to be subdivided is found by the Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety or property, the subdivider shall take measures necessary to correct said conditions and to eliminate said dangers.

   (B)   Streets and roads. 1

      (1)   All lots to be platted shall have access to a street and all proposed streets shall be installed in accordance with the requirements below, prior to final plat approval unless otherwise permitted pursuant to § 154.249(E).

      (2)   No private streets shall be allowed within any subdivision within the Beech Mountain Town limits. In addition, all subdivisions must be accessible to the Town of Beech Mountain street system by way of an approved public street. All streets and roads within the Beech Mountain Town limits and all portions of streets and roads providing access to subdivisions located inside the Town limits shall be designed, built and paved in accordance with existing policies and paving standards of the N.C. Department of Transportation, Division of Highways' Subdivision Roads Minimum Construction Standards dated January, 2010, revised July, 2020 (as amended), with only the following exceptions: 2

         (a)   A reduced right-of-way of 40 feet will be permitted if a reduced width is essentially unavoidable due to topographic reasons and is approved by the Town Manager. 3

         (b)   The pavement surface shall be a minimum of two inches of I-1 or I-2 (bituminous concrete surface), and the base course shall be a minimum of eight inches of Aggregate Base Course No. 7 stone (ABC).

      (3)   Review of subdivision road plans. Street plans for all subdivisions within the Town of Beech Mountain shall be reviewed by the Town's consulting engineer or other person so designated by the town, and a recommendation provided to the Planning Board indicating whether the proposed street plans meet the street requirements as specified in § 154.091 prior to preliminary plat approval.

      (4)   Registered engineer, plan preparation. The plans for all streets shall be prepared by a registered engineer.

      (5)   Street signs. 4

         (a)   Street signs shall be installed at each intersection naming the intersecting streets. Signs shall be constructed of sale-treated, two-inch by six-inch or two-inch by ten-inch lumber which shall be 36 inches wide. Lettering shall be routed into the wood and each letter shall be approximately three inches in height. Signs shall be mounted on two four by four treated posts which shall be painted black. Signs shall be mounted on the posts so as to prevent vandalism. It is the intention of this paragraph that street signs shall conform in all respects to existing street signs.

         (b)   Notwithstanding the requirements of(B)(5)(a) above, a developer may install different street signs for a specified development after they have been approved by the Planning Board. Such signs shall be maintained by the developer, or the Town will replace them with typical town street signs. 5

      (6) 6   All roads shall have such regulatory signs, white edge lines and double yellow center lines as required by the Public Works Director.

   (C)   Culs-de-sac. 7, 8 Permanent dead end streets are prohibited unless infeasible to connect. When necessary, culs-de-sac shall be constructed in accordance with the North Carolina Division of Highways Subdivision Roads Minimum Construction Standards.

   (D)   Water and sewer systems. The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. The installation of all said systems (except for individual systems - septic tanks) shall be required prior to final plat approval unless otherwise permitted pursuant to § 154.249(E).

      (1)   Public systems. 9 Where the proposed system is to be connected to a public system, the system(s) shall be installed according to Town of Beech Mountain specifications and standards and designed by a registered engineer, and plans for such system shall be reviewed and approved in advance by the Town of Beech Mountain and the appropriate state agency. * A letter of approval for such plans from the Town of Beech Mountain and the appropriate state agency shall be submitted with the preliminary plat.

         (* Refer to the definition of public water system and public sewer system in § 154.248 of this chapter.)

      (2)   Individual systems. 10 No individual or private water supply and/or sewer systems will be permitted. Developers shall be responsible for extending water and/or sewer lines from the existing Town of Beech Mountain water lines to the subdivision. Where no public sewer system is available, the Town of Beech Mountain may approve an individual or private system.

      (3)   Fire hydrants. Where a water line six inches or greater in diameter is required in a public system, fire hydrants shall be installed on said line. The hydrants shall be spaced so that coverage to all building sites along said line may be provided with not more than 500 feet of hose and shall be located to facilitate access, hose laying and drainage.

   (E)   Storm water drainage. The method of providing for storm water drainage shall be consistent with the Department of Transportation's drainage requirements as stated in Subdivision Roads Minimum Construction Standards and, furthermore, it shall be the responsibility of the developer to provide a drainage system which is designed to meet the following objectives:

      (1)   Connect into an existing storm sewer system, where feasible.

      (2)   Provide for adequate drainage from all roads, parking lots, and other developed areas.

      (3)   Provide a suitable building area on each lot intended for building development which is safe from inundation, erosion or subsidence.

      (4)   Prevent both the unnecessary impoundment of natural drainageways and the creation of areas of standing water.

      (5)   Ensure that existing drainageways serving adjacent properties are maintained.

      (6)   Ensure that natural runoff levels are not substantially increased to prevent harmful flooding downstream and to maintain desirable groundwater levels.

      (7)   Prevent inundation of surface water into sanitary sewer system.

      (8)   Protect all roads, driveways, utilities and other types of development from damages caused by improper drainage control.

      (9)   (a)   All slope-side driveways shall be serviced by a minimum 15-inch culvert to allow uninterrupted drainage under the driveway where it intersects with the drainage ditch along the street. Larger culverts may be required if determined necessary by the Town Manager and/or Public Works Director.

         (b)   Said drainage system shall be prepared by a registered engineer in conjunction with the street plans and shall be installed prior to final plat approval unless otherwise permitted pursuant to § 154.249(E).

   (F)   Sedimentation control. To prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies or other drainage networks, and when there are plans for a land disturbing activity of one acre or more, the subdivider shall show proof with the preliminary plat of an erosion and sedimentation control plan which has been approved by the authority having jurisdiction in accordance with the NCAC Title 15A, as adopted by the North Carolina Sedimentation Commission, January 11, 1978, as amended.

   (G)   Blocks. The maximum and minimum length and width of blocks shall be as follows:

      (1)   Length. Block lengths shall not exceed 1,500 feet nor be less than 400 feet. Where deemed necessary by the Planning Board, a pedestrian cross-walk of at least ten feet in width may be required.

      (2)   Width. Blocks shall have sufficient width to allow two tiers of lots of minimum depth. Blocks may be one lot in depth where single tier lots are required to separate residential development from through traffic or non-residential uses.

   (H)   Sidewalks. Sidewalks, if constructed, shall be within the street right-of-way and shall be constructed to a minimum width of four feet and shall consist of a minimum thickness of four inches of reinforced concrete.

   (I)   Lots. The requirements of the Beech Mountain Zoning Ordinance shall govern lot size and standards.

   (J)   Building setback lines. The requirements of the Beech Mountain Zoning Ordinance shall govern the location of the minimum building setback lines.

   (K)   Easements. 11

      (1)   Utility easements. The subdivider shall convey easements to the municipality or appropriate utility company for both underground and overhead utility installation where needed. Easements shall be a minimum of 20 feet wide, or as required by utility companies, and normally centered along rear or side lot lines. Wider easements may be required if the topography along the proposed right-of-way is such that maintenance equipment cannot reasonably operate within the minimum 20 feet wide easement. Where easements are required along the outside perimeter of a subdivision, ten feet will be required.

      (2)   Drainage easements. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and such further width or construction, or both, as will be adequate for the purpose of managing storm water runoff in a manner that will safeguard the health and property of the citizens of Beech Mountain and the surrounding area.

      (3)   Buffer strips. A buffer strip at least ten feet in width may be required by the Planning Board adjacent to a major street or a commercial or industrial development. This strip shall be reserved for the planing of trees and shrubs by the subdivider.

   (L)   Private driveways serving more than one lot. 12

      (1)   Travel area may be either stoned or paved, and shall have a minimum width of 16 feet. Where stone is used, it shall be a minimum of six inches of ABC Aggregate. In locations where soil conditions require additional stone to attain a stable road bed, the developer shall add the required amount of stone before attaining approval of the final plat. If the developer elects to pave roads, he or she shall meet requirements of the State Division of Highways pertaining to stone base and top surface, or as required by the Beech Mountain Planning Board, whichever is the most stringent.

      (2)   A private driveway shall provide direct access to a public street.

      (3)   The maximum length of a private driveway shall be 500 feet.

      (4)   The plat must show the location of the private driveway, etc., dimensions, and the garbage pickup area.

   (M)   Street lights.13 Developer shall install street lights at all intersections and at curves which the town deems sharp enough to warrant additional illumination.

   (N)   Utilities. 14 The developer shall be required to provide each lot in a subdivision direct access to electric distribution lines, telephone lines and cablevision lines. The installation of these utilities shall be underground in accordance with the installation requirements of the town and the utility company standards. These utilities shall be installed in accordance with the approved preliminary plat and the requirements of this subchapter, prior to approval of the final plat. Said extensions shall be accomplished with the knowledge of the utility companies and in accordance with their specifications so that, once constructed, the utility company shall assume title and control of the system.

   (O)   Note. If an existing CATV system is within reasonable proximity to the proposed development as determined by the Planning Board, then the developer shall be required, at his or her expense, to extend CATV service to the development and to all parcels within the development. The Planning Board may by resolution waive the requirement that the developer extend CATV service to the subdivision if the developer provides documentation that demonstrates that it is not financially feasible to extend the CATV service to the subdivision.

         (a)   At the time of filing a preliminary plat, the applicant shall designate thereon the area or areas to be dedicated pursuant to § 154.251(O)(3). If the applicant desires to make a payment in lieu of the dedication of land, a letter to that effect shall be submitted with the preliminary plat.

         (b)   The open space required for dedication shall be shown on the final plat when submitted. If the improvements for which the open space is dedicated have not been constructed, the final plat may be approved if such improvements are guaranteed in accordance with § 154.249(E).

         (c)   If the open space is being dedicated to the town, and the town has elected to accept such dedication, the final plat shall be accompanied by an executed general warranty deed conveying the dedicated land to the town. If the open space is being retained in private ownership or assigned to a nonprofit, documentation (i.e. covenants and restrictions) shall be provided that indicates how the area will be maintained and how such maintenance will be financed. Where a payment in lieu of dedication is approved by the town, such payment will be made before the final plat is signed and recorded.

         (a)   Preference will be given to projects that provide open space on-site in the form of a land dedication. Nevertheless, the payment of fees in lieu of the dedication of land under § 154.251(O)(3) above may be approved by the Planning Board upon a finding that:

            1.   The dedication of open space is infeasible or impractical given the unique nature of the particular property; or

            2.   Due to the unique characteristics of the property involved or of the property's location with respect to other services or amenities, the dedication of the open space required by this section will not accomplish the goals of this section.

            1.   The amount of the payment shall be the product of:

               a.   The number of acres to be dedicated, as required by § 154.251(O)(3) above;

               b.   The value per acre of the property being developed, as determined by a recent appraisal of the land performed by a professional land appraiser. The appraisal shall reflect the value of the property in its developed state. The cost of the appraisal shall be borne by the developer; and

               c.   In addition to the value derived above, a 10% premium shall be added to compensate for the cost of constructing improvements

            2.   The fees in lieu of dedication shall be paid prior to final plat approval.

            3.   Funds collected as a result of this section shall be maintained in a separate account and shall be used to purchase or to enhance the recreational use of nearby property that serves the immediate community where possible.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1807) (Ord. passed 6-4-1985; Ord. passed 4-11-1989; Ord. passed 11-13-1990; Ord. passed 3-10-1992; Ord. passed 3-9-1993; Ord. passed 7-13-1993; Ord. passed 10-11-1994; Ord. passed 12-14-1998; Ord. passed 11-17-2000; Ord. 2017-03, passed 1-10-2017; Ord. 2021-03, passed 6-8-2021)

   Cluster developments are subdivisions and are thus subject to these subdivision regulations. The following procedure for final plat approval as required in this chapter shall be utilized: Required minimum lot size is one-sixth of an acre; minimum setbacks are 20 feet from the road and ten feet from side and rear property lines with the exception of lots which are located in the perimeter area of the cluster development (abutting non-cluster sites) where the side and rear setbacks shall be at least 15 feet. Cluster developments are permitted only in the R-3 Zoning District. Clustering of development is allowed in the watershed areas of the R-3 Zoning District under the following conditions:

   (A)   The average lot area in the total acreage of the propose development shall not be less than the minimum lot area specified for WS II or WS-II-C in § 154.105.

   (B)   All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.

   (C)   The remainder of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owners' association, the title of the open space shall be conveyed to the association for management. Where a property owners' association is of incorporated, a maintenance agreement shall be filed with the property deeds. 2

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1808) (Ord. passed 10-9-1991; Ord. passed 12-14-1999); Ord. 2021-03, passed 6-8-2021)

   This subchapter may be amended from time to time by the Town Council as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 32 days from the date of presentation to the Planning Board within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1809) (Ord. 2021-03, passed 6-8-2021)

   (A)   Penalties for violation.

      (1)   After the effective date of this subchapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this subchapter, thereafter subdivides his or her land in violation of this subchapter or transfers or sell 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 the terms of this subchapter and recorded in the office of the Watauga or Avery County Register of Deeds, shall be subject to a civil penalty in the amount of $100 to be recovered by the town. The description by metes and bounds instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. Violators shall be issued a written citation which must be paid within 72 hours.

      (2)   Each day's continuing violation of this subchapter shall be a separate and distinct offense.

      (3)   Notwithstanding division (A)(1) above, this subchapter may also be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.

      (4)   Violation of this subchapter shall not be a misdemeanor.

   (B)   Separability. 1 Should any section or provision of this subchapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the subchapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Should the requirements of these regulations conflict with any others in the Zoning Ordinance, the more stringent shall apply.

   (C)   Abrogation. This subchapter shall neither repeal, abrogate, annul, impair nor interfere with any existing subdivision, the plats of which are properly recorded in the office of the Register of Deeds prior to the effective date of this subchapter nor with the existing easements, covenants, deed restrictions, agreements or permits previously adopted or issued pursuant to law prior to the effective date of this subchapter.

   (D)   Effective date. 2 This subchapter shall take effect and be in force from and after its adoption by the Town Council of the Town of Beech Mountain, this 12th day of July, 1983.

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1810) (Ord. passed 6-4-1985; Ord. passed 10-9-1991; Ord. 2021-03, passed 6-8-2021)

(1989 Code, Title V, Ch. 51, Art. XVIII, § 1811) (Ord. passed 12-14-1999; Ord. 2021-03, passed 6-8-2021)