14.13.1.1. Short Title. This chapter shall be known as the subdivision regulations of the Town, and may be cited as the subdivision regulations.

14.13.1.2. Purpose.

(A)

The purpose of this chapter is to establish procedures and standards for the regulation and control of the subdivision of land within the present and future jurisdiction of the Town in order to promote the public health, safety and general welfare of the community.

(B)

These procedures and standards are designed to:

(1)

Promote the orderly layout and development of land;

(2)

Provide for the coordination and dedication of land for recreation areas serving residents of the subdivision and of rights-of-way or easements for street and utility purposes;

(3)

Ensure adequate provision for transportation facilities, sewers, water supply, schools, parks, playgrounds and other public facilities;

(4)

Ensure the proper distribution of population and traffic to avoid congestion and overcrowding;

(5)

Provide adequate light, air and open space;

(6)

Ensure greater safety from fire, flood and other dangers; and

(7)

Ensure proper legal description, identification, monumentation and recording of subdivision properties.

14.13.1.3. Authority. This chapter is hereby adopted under the authority of provisions of G.S. 160D-801 et seq.

14.13.1.4. Jurisdiction. This chapter shall govern each subdivision of land within the corporate limits of the Town, and within any present and future extraterritorial area of the Town.

(1997 Code §§ 36-1—36-4; 2016 Code § 156.002 et seq.)

After the effective date of the ordinance from which this chapter derives, each individual subdivision plat of land within the Town's corporate limits and within any extraterritorial areas of the Town requires the Board of Commissioners' approval following the recommendation of the Planning Board.

(1997 Code, § 36-6)

(A)

A subdivision shall not include the following:

(1)

The combination or recombination of portions of previously platted 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 shown by the regulations prescribed by this chapter or by other municipal ordinances.

(2)

The division of land into parcels of ten acres or greater where no street right-of-way dedication is involved.

(3)

The division of a tract in single ownership whose entire area is no 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 shown by the regulations prescribed in this chapter, or any other ordinance of the Town.

(B)

Prior to a combination, recombination or division of land pursuant to this section of the code, the owner(s) of the property shall present to the Town's UDO Enforcement Officer a recordable plat of the proposed combination, recombination or division, the plat having been prepared by a duly registered North Carolina land surveyor, and the UDO Administrator shall certify upon the face of the plat that the combination, recombination or division being accomplished is excepted by this section.

(1997 Code, § 36-7; Am. Ord. passed 11-18-2002; Am. Ord. 2006-7, passed 4-17-2006)

14.13.7.1. Duty of Register of Deeds. The Town shall file this chapter with the register of deeds of the county. The register of deeds shall not thereafter file or record a plat of any subdivision located within the jurisdiction of the Town, as defined in Section 14.13.4, without the written approval of the Board of Commissioners as required in this chapter. The filing or recording of a plat of a subdivision without the approval of the Board of Commissioners as required by this chapter shall be null and void.

14.13.7.2. Variances. Where topography or other existing physical conditions are that compliance with the requirements of this chapter would cause an unusual and unnecessary hardship on the subdivider above and beyond what other subdividers would meet, the Board of Adjustment may authorize a variance, so that the subdivider may develop his or her property in a reasonable manner. A variance, however, will be granted only if the public welfare and interests of the Town are protected and the general intent and spirit of this chapter are preserved. Any variance thus authorized is required to be entered in writing in the minutes of the Board of Adjustment with reasoning on which the departure was justified set forth.

14.13.7.3. Amendments. The Town Board may from time to time amend this chapter, 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 recommendations. The Planning Board shall have 45 days within which to submit a report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment.

14.13.7.4. Compliance with Official Plans. Where a tract to be subdivided embraces any part of a proposed major or minor thoroughfare, or state highway as designated in official maps and plans, the proposed way should be platted and dedicated by the subdivider and in the location and at the width specified.

14.13.7.5. Conflicting Requirements. Where the requirements of this chapter conflict with the requirements of other lawfully adopted rules, regulations or ordinances of the Town, the more stringent or higher requirements shall govern.

(1997 Code, §§ 36-36—36-40)

14.13.8.1. Suitability of Land.

(A)

Land unsuited for residential use. Land subject to flooding, improper drainage, erosion or that is for topographical or other reasons unsuitable for residential use shall not be platted for residential use nor for any other uses that will continue or increase the danger to health, safety or property unless the hazards can be and are corrected.

(B)

Prevention of flood damage. Lands known to be within a floodplain or any area known to be subject to flooding shall be so identified on the preliminary plat. Appropriate deed restrictions shall be filed for those lands subject to flooding prohibiting their development for dwelling or other uses unless the sites are flood protected as follows:

(1)

No structures or fill shall be placed in the floodway that would interfere with the natural watercourse;

(2)

Streets and utilities lines and structures may be placed within the floodplain only if their elevation is raised above maximum flood heights or if they are otherwise flood protected;

(3)

Dwellings and self-contained sewage disposal units, if used, shall be built at an elevation above maximum flood heights; and

(4)

The subdivision drainage system shall be designed to prevent increased flood flows due to newly developed impervious surfaces and other factors.

(C)

Fill areas. Areas that have been used for disposal of solid waste shall not be subdivided into commercial or residential building sites. This shall include those areas that have been used for the disposal of trash, demolition waste and other waste materials.

14.13.8.2. Design of Lots and Streets.

(A)

The arrangement of lots and blocks and the street system should be designed to make the most advantageous use of topography and natural physical features, and natural surface and surface drainage. The system of streets and lot layout should also take advantage of the visual qualities of the site and preserve natural features such as tree masses and large individual trees. The design of all lots, structures and utilities shall comply with the applicable areas of environmental concern (AEC) standards in accordance with state guidelines of AECs.

(B)

Each subdivision plan shall, where appropriate, allow for the creation of either public or private access roads, which roads shall be designed so as to allow utilization by adjoining properties. Where requested by the Town, a subdivider shall provide with his or her subdivision plan a report of a qualified traffic engineer certifying that the design as suggested by the subdivider meets good traffic engineering standards.

(C)

Direct access to any major streets and highways shall be limited as follows:

(1)

One entrance for each 500 feet of frontage on the major street or highway, or any portion thereof, within any residential subdivision; and

(2)

One entrance for each 750 feet of frontage on the major street or highway, or any portion thereof, within any nonresidential subdivision.

14.13.8.3. Traffic Patterns. Circulation shall be provided in accordance with the following design principles:

(A)

Each subdivision shall provide for the continuation of all major and minor streets as shown on the Town's official street system map.

(B)

Minor streets shall be designed to provide access to each parcel of land within residential neighborhoods in a manner which discourages use by through traffic.

(C)

Collector streets shall be designed to provide a direct route from other minor streets to major streets.

(D)

Ingress to and egress from residential properties shall be provided by minor streets wherever possible.

14.13.8.4. Development Standards. Minimum standards for development are contained in Chapter 11 of this UDO, the Town's zoning code, the state building code, and this chapter. It is not the intent of the Town to condone and encourage minimum standards of development that will lead to a monotonous urban setting, but rather to encourage a subdivision design of quality.

14.13.8.5. Alleys.

(A)

Alleys shall be provided in commercial districts, except that the Planning Board may waive this requirement where other definite and assured provisions are made for service access, off-street loading and unloading and parking consistent with and adequate for the uses proposed.

(B)

Alleys serving commercial areas shall not be less than 30 feet in width.

(C)

Alley intersections and sharp changes in alignment shall be avoided; but where necessary, corners shall be cut sufficiently to permit safe vehicular movement.

(D)

Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the Planning Board.

(E)

No alley shall have access from a major road or highway but shall have its access points confined to minor streets.

(F)

Alleys are not permitted in residential districts except when the Planning Board determines special conditions warrant a secondary means of access.

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

14.13.8.7. Required Screening and Buffer Areas.

(A)

Nonresidential property adjoining residential property. Any person owning real property located in a nonresidential district that adjoins or is contiguous to the boundary line of a residential district shall be required to design, install and maintain a buffer strip along the boundary line of the property adjoining the residential zone, when the owner either proposes new construction for his or her tract of land, or proposes a substantial change in use. As used herein, residential district shall include the following districts: R-10, R-10M, R-13, R-20 and R-30.

(B)

Multifamily property adjoining single-family property. Any person owning real property located in an R-10M district adjoining or contiguous to the boundary line of any single-family residential district, and who proposes to construct multifamily units in excess of four, shall be required to design, install and maintain a buffer strip along the boundary line of the property adjoining the single-family residential district.

(C)

Property in B-20 or B-30 district adjoining B-10 district. Any person owning real property located in a B-20 or B-30 district that adjoins or is contiguous to the boundary line of any B-10 district, and who proposes new construction for his or her tract of land, shall be required to design, install and maintain a buffer strip along the boundary line of the property adjoining the B-10 zone.

(D)

On main streets. Any person owning real property that has been or is being subdivided for residential use, and which abuts W.B. McLean Drive (N.C. Highway 24), Taylor Notion Road or N.C. Highway 58, and who proposes new construction for his or her tract, shall be required either to leave bordering the street or roadway, or to design, install and maintain, consistent with the requirements of Section 14.12.10, a buffer strip of green or natural area along such street(s)/roadway(s) at least 20 feet wide, and consisting of shrubs not exceeding three feet in height, trees, grass and flowers. Branches of mature trees retained or established in the 20-foot buffer may be trimmed or limbed up to a maximum height of ten feet, as authorized by the Zoning Officer. Additionally, the Zoning Officer may require that trees be retained or established every 15 lineal feet in this area.

(E)

Buildings, structures prohibited. No building or structure of any kind shall be placed within a buffer area.

(F)

Sidewalks and hike-bike trails. Sidewalks and hike-bike trails may be placed in the buffer area only when there is insufficient space in the street right-of-way to accommodate the sidewalks and hike-bike trails. The burden shall be on the property owner to demonstrate that there is insufficient space in the right-of-way to meet the requirements of this section. In such case, the owner of the property shall dedicate such portion of the buffer area as is used for sidewalks and hike-bike trails to public use for those purposes in such form as the Town may require and shall record such dedication in the County Registry in a form acceptable to the Town.

(G)

Types of screening. The following standards shall be used to protect affected property. The highest elevation of any two properties at their common property line shall be used in determining the minimum height of a screening buffer. The degree of effectiveness for opacity shall be judged from the property being screened.

(1)

Planted (living) screen. The minimum width of a planted screen shall be ten feet. The minimum height of a planted screen shall be four feet at initial planting, and at least ten feet within three years thereafter. The minimum height of shrubbery in a planted screen shall be at least three feet at initial planting. A planted screen shall afford 100 percent visual opacity at maturity.

(2)

Combination screens (screens using opaque fencing and plants). The minimum width of a combination screen shall be 15 feet. The planted portion of a combination screen shall be placed on the side of the fence opposite to the improvements on the lot shall be a minimum height of three feet at initial planting, and shall afford at least 50 percent opacity to a minimum height of ten feet within three years after planting. The minimum height of the solid portion of the fence portion of such a screen shall be eight feet.

(H)

Required amount of screening and buffering width. The minimum acceptable screening and buffering width required to provide adequate protection to affected properties is variable with the individual site. The amount of screening and buffering width is based on the intensity of the uses allowed within each zoning district and the extent of development, as determined by the total amount of principal building floor space per lot. The minimum acceptable screening and buffering width shall be as follows:

(I)

Maintenance. All planted living screening material shall be maintained by the owner of the property on a continuing basis for the life of the property, or on a continuing basis for the life of the development. Nonliving screening buffers shall be maintained, cleaned and repaired by the owner of the property on a continuing basis for the life of the development. The buffers shall be kept free of litter and advertising.

(J)

Administration and enforcement.

(1)

Prior to the issuance of a building permit for any construction, renovation or alteration of any structure for which a screening buffer must be provided, a plan indicating the type, amount and location of screening buffer and any required landscaped open space, prepared in conformance with the provisions of this section, shall be submitted by the property owner to the UDO Administrator.

(2)

No certificate of occupancy for any construction or renovation shall be approved by Carteret County until the required screening buffer is completed in accordance with the approved plan.

(3)

The Board of Adjustment may modify or waive the requirements of this section, where it can be demonstrated by the property owner that the specific screening buffer and/or landscaped open space is not needed for the protection of surrounding residential areas because of intervening streets, roadways, drainageways, or other factors such as natural or topographic features, or where there already exists on the same property natural growth of sufficient height and density to serve the same purpose as the required screening buffer.

14.13.8.8. Building Setback Lines. Building setback lines shall be in accordance with the district requirements as outlined in Chapter 11 of this UDO, the Town's zoning code.

14.13.8.9. Easements.

(A)

Where alleys are not provided, easements that are not less than ten feet wide shall be provided along each rear lot line and a five-foot easement alongside lot lines, where necessary for the use of public and private utilities.

(B)

Where a subdivision is traversed by a watercourse, drainageway, channel, stream or subsurface drainage conditions, there shall be provided a ten-foot storm easement or drainage right-of-way conforming substantially with the lines of the watercourse, and further width or construction, or both, as will be adequate for drainage. Parallel streets or parkways may be required in condition therewith.

14.13.8.10. Lots.

(A)

Lot sizes, shapes and locations shall be made with due regard to topographic conditions, contemplated use and surrounding area.

(B)

Every lot shall front or abut a street.

(C)

Residential lot sizes shall conform with the provisions of Chapter 11 of this UDO, the Town's zoning code.

(D)

Lots are not required for subdivision or commercial use but when provided shall be of appropriate size as set forth in Chapter 13, the Town's zoning code, and shall provide arrangements for adequate off-street parking and loading facilities based on intended use.

(E)

Double-frontage and reverse-frontage lots shall not be created except where they are needed to provide for the separation of residential development from traffic arteries or to overcome the specific disadvantages of topography and orientation. In no case shall a double-frontage lot be created by the combination or recombination of two or more previously platted lots.

14.13.8.11. Public Areas and Open Spaces.

(A)

The Town may require dedication of suitable land approved by the Planning Board within subdivisions prior to final plat approval. Land dedicated shall be for community service facilities and open space purposes such as schools, parks, playgrounds, recreation uses, fire, police and utility substations. The site dedicated shall be land capable of supporting the above-mentioned facilities; located in areas not subject to periodic floods, swamps and drainageways; and the terrain shall be appropriate for the intended use. With respect to parks, playgrounds and recreation areas, the site shall be of sufficient size and located to serve the immediate residents of the subdivision. Land dedicated to the Town for community service facilities and open space shall become the responsibility of the Town for maintaining the site or facility. When considering the recommendation that land be dedicated for community service facilities and open space, the Planning Board shall make its final determination based on the following criteria:

(1)

When the dedication of land for the facilities is in accordance with Chapter 11 of this UDO, G.S. 160D-804(d), and any other officially adopted plan.

(2)

When a subdivision plat of at least four lots in the total project is reviewed.

(3)

When a subdivision development encroaches upon a scenic or historic site designated as such and in order to protect this feature for the use and enjoyment of all its citizens, it is necessary to reserve the surrounding land area. Regarding historic and scenic sites, the Town shall have nine months beginning on the date of final approval of the subdivision within which to acquire the site. If the Town has not purchased the historic or scenic site area within nine months, the subdivider may proceed to dispose of it in accordance with provisions of this chapter, if not in conflict with other regulations.

(4)

If at any future date any person makes any recommendations to the Town to designate or redesignate any area as a public recreation area, the Town shall take the following actions prior to voting any approval or disapproval thereof or the expenditure of tax dollars on the proposed recommendation:

a)

Determine that the person making the recommendation is in fact a property owner of the property in question or is empowered to represent the property owner;

b)

Notify all the adjacent property owners of the proposal; and

c)

The Board of Commissioners shall hold a special meeting, after proper advertisement as required by this chapter or applicable state statute is provided, to hear the proponents as well as the affected adjacent property owners.

(B)

The amount of land required to be dedicated by a subdivider shall be based on the most recent Bureau of the Census figures for an average family size in the Town; a minimum park and recreation standard factor of eight acres per 1,000 persons; a variable density factor; and the total number of dwelling units or lots. The following formula shall be used to determine the amount of land to be dedicated:

(C)

Acreage average per dwelling unit or lot is computed by dividing the combined total acreage of all dwelling units or lots by the number of dwelling units or lots. For computation purposes, land dedicated or reserved for other purposes such as streets, alleys and other purposes other than residential shall not be used in determining average acreage. In no case shall a developer be required to dedicate more than five percent of the acreage of a development. Any subdivider of land less than ten acres and more than two acres may be required to provide funds in lieu of land as required in subsection (D) below.

(D)

A developer may provide funds to the Town whereby the Town may acquire recreation land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area. This may be done in lieu of providing the land requirement if so approved by the Board of Commissioners. All funds received by the Town pursuant to this subsection shall be used only for the acquisition or development of recreation, park or open space sites and/or other public facilities. The funds to be provided under this subsection (D) shall be based on the value of the land that would be dedicated as required in subsection (A) above. The value of the land shall be determined by the property tax calculation of the land. A combination or partial payment of funds and partial dedication of land may be allowed when the Board of Commissioners determines that this combination is in the best interests of the citizens of the area to be served.

14.13.8.12. Public Access to Water. All subdivisions adjoining tidal water areas shall provide for access to the water to serve the residents of the neighborhood in which the subdivision is located or in the immediate area of the subdivision. The access shall include a ten-foot easement every 1,320 feet along the shoreline adjacent to the subdivision. The purpose of these facilities shall be approved by the Town and shall be directly accessible to a state or Town-maintained street. Where a public boat dock or launching ramp is provided by the state, county or other public agency within or contiguous to the area to be subdivided, the facility may count toward meeting the requirements of this section. Dedicated streets which run to the mean high-water line may also count toward meeting the requirements of this section. Provision of public access to water may count toward meeting requirements of Section 14.13.17.16 if other conditions of Section 14.13.17.16 are met.

14.13.8.13. Streets.

(A)

All streets in subdivisions shall be paved. The arrangement, character, extent, width, grade and location of all streets shall be designed in accordance with the provisions of this section.

(B)

Wherever a subdivision abuts or contains an existing or proposed major street, the Planning Board may require reverse-frontage lots with screen planting contained in a non-access reservation along the rear property line, deep lots or other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(C)

Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.

(D)

Each subdivision plan shall, where appropriate, allow for the creation of either public or private access roads, which roads shall be designed so as to allow utilization by adjoining properties. Where requested by the Town, a subdivider shall provide with his or her subdivision plan a report of a qualified traffic engineer certifying that the design, as suggested by the subdivider, meets good traffic engineering standards.

(E)

Street right-of-way and pavement widths shall be in accordance with the following:

(1)

Right-of-way width.

a)

Major streets and highways, 80 feet.

b)

Collector streets, 60 feet.

c)

Minor (residential) streets, 60 feet.

d)

Marginal access streets, 60 feet.

e)

Culs-de-sac, 60 feet.

f)

Street right-of-way outside of any municipal limits, 60 feet.

(2)

Pavement width.

a)

Where curbs and gutters are provided, the paving width back-to-back of curbs shall be not less than the following:

i.

Major streets and highways, 45 feet.

ii.

Collector streets, 35 feet.

iii.

Minor (residential) streets, 28 feet.

iv.

Marginal access streets, 28 feet.

v.

Culs-de-sac, 28 feet.

b)

Where curbs and gutters are not provided, the paving width shall not be less than the following:

i.

Collector streets, 24 feet.

ii.

Minor (residential) streets, 20 feet.

iii.

Marginal access streets, 22 feet.

iv.

Culs-de-sac, 20 feet.

(3)

Grades and curves.

a)

Unless necessitated by exceptional topography and subject to the approval of the Planning Board, the grades shall not be more than ten percent, nor less than one-half of one percent on any street.

i.

Grades approaching intersections shall not exceed five percent for a distance of not less than 100 feet from the centerline of the intersection.

ii.

Street grades shall be established wherever practicable in a manner as to avoid excessive grading or removal of ground cover and tree growth and general leveling of the topography.

iii.

All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for major and collector streets, and one-half this minimum for all other streets.

b)

When a continuous street centerline deflects at any point by more than ten degrees, a circular curve shall be introduced, having a radius of curvature on the centerline of not less than the following:

i.

Major streets, 300 feet.

ii.

Collector streets, 200 feet.

iii.

Minor streets, 100 feet.

c)

A tangent at least 100 feet long shall be provided between reverse curves on all streets.

(4)

Intersections.

a)

Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other streets at an angle of less than 60 degrees.

b)

Street jogs with centerline offsets of less than 125 feet shall be avoided.

c)

Intersections with a major street or highway shall be at least 750 feet apart.

d)

Property lines at street intersections shall be rounded with a minimum radius of 15 feet or of a greater radius when required by the Planning Board.

e)

Radius of pavement at an intersection shall be a minimum of 30 feet or of a greater radius when required by the Planning Board.

(5)

Culs-de-sac. Permanent dead-end streets or culs-de-sac shall be no longer than 600 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 70 feet, and a street property line diameter of at least 100 feet.

(6)

Street names. Street names for all subdivision plats shall be subject to approval of the Planning Board. New street names shall not duplicate or be similar to existing street names, and existing street names shall be projected wherever possible.

(F)

Unless specifically authorized by a variance duly issued by the Board of Commissioners, all streets and roads in any new subdivision shall be constructed according to the rules, regulations, standards and specifications of the North Carolina Department of Transportation or its successor agency (the Department) as those rules, regulations, standards and specifications presently exist or may hereafter be amended; provided, however, that if any provision of this Code is more stringent than the rules, regulations, standards and specifications of the Department, then this Code shall apply.

14.13.8.14. Connection to Potable Water Supply.

(A)

Connection to available potable water supply shall be provided by the subdivider, for use by residents, in the interest of public safety.

(B)

Connection to water supply main line shall be a minimum of six-inch pipe, except where locations will not permit, to allow for the installation of fire hydrants.

(1)

Hydrants shall be placed at a distance of 500 feet to 1,000 feet apart; starting at the connection to the main water supply pipe and running the length of the subdivision supply pipe(s).

(2)

A fire hydrant shall be no more than 500 feet in distance from any property line.

(3)

The use of fire hydrants is prohibited except for the purpose of fire emergencies or fire fighter training.

14.13.8.15. Sidewalks and Hike Bike Trails.

(A)

Installation. As applicable, within the Town of Cape Carteret, sidewalks and hike-bike trails shall be installed in all new residential subdivisions and in all new commercial developments or redevelopments where an existing multi-use trail or sidewalk exists on either side of the proposed development and where the use can be tied to specific pedestrian or bicycle access.

(B)

Main streets.

(1)

If the property being developed fronts on the southerly side of W.B. McLean Drive (N.C. Highway 24) then the developer shall install sidewalks 5 feet wide. Where topography permits, such sidewalks shall run parallel with the adjacent street, one foot inside the right-of-way line on the public right-of-way.

(2)

If the property being developed, redeveloped, or improved fronts on the westerly side of Taylor Notion Road, then the developer shall install a hike-bike trail at least ten feet wide. Where topography permits, such hike-bike trail shall run parallel with the adjacent street, one foot inside the right-of-way line on the public right-of-way.

(3)

If the property being developed, redeveloped or improved fronts on the northerly side of W.B. McLean Drive (N.C. Highway 24), then the developer shall install a hike-bike trail ten feet wide. Where topography permits, such hike-bike trail shall run parallel with the adjacent street inside the right-of-way line on the public right-of-way.

(4)

If the property being developed fronts on the easterly side of N.C. Highway 58, then the developer shall install a hike-bike trail at least ten feet wide. Where topography permits, such hike-bike trail shall run parallel with the adjacent street inside the right-of-way line on the public right-of-way.

(C)

Other streets.

(1)

On all streets located within the triangle formed by W.B. McLean Drive, Taylor Notion Road and Highway 58, except as set forth in Section 14.13.7.2(B)(1) through (3), the developer shall install sidewalks five feet wide on both sides of minor and connector streets throughout the development, and along any streets(s) bordering the property being developed.

(2)

On all other streets in all subdivisions of ten or more lots the developer shall be required to install five-foot sidewalks on all minor and connecting streets.

(D)

Construction standards and regulations.

(1)

Sidewalk and hike-bike trail construction shall conform to current Department of Transportation (DOT) Standards and Specifications.

(2)

The developer shall comply with all applicable federal, state and local environmental and construction regulations, and shall obtain all necessary permits.

(1997 Code, §§ 36-66—36-78; Ord. 99-04-02, passed 4-19-1999; Am. Ord. 00-12-10, passed 12-18-2000; Am. Ord. 02-08-01; Am. Ord. 03-11-03, passed 11-17-2003; Am. Ord., passed 5-9-2005; Ord. 154.049, passed 8-21-2006; Am. Ord. 2006-18, passed 10-30-2006; Am. Ord. 2008-03, passed 8-18-2008; Ord. 2009-09, passed 4-20-2009; Am. Ord. 2009-11, passed 4-20-2009; Am. Ord. 2012-05-02, passed 5-21-2012; Am. Ord. 2013-12-05, passed 12-9-2013; Am. Ord. 2015-08-06, passed 8-17-2015; Ord. 2018-10-02, passed 10-8-2018)

Note— Offensive lighting section moved to General Development Standards.

14.13.9.1. Conformance with Regulations. The subdivider shall follow the procedure set forth in this chapter for securing approval of subdivision plats. (13e, § 36-106)

14.13.9.2. Preliminary Plat.

(A)

Before an application for approval of the preliminary plat is filed, the subdivider must submit to the Planning Board, at a regular meeting, a preliminary design plan of the proposed subdivision.

(B)

The preliminary plat shall show existing and tentative street layout, other rights-of-way and easements, lot arrangements, existing structures, watercourses, sites dedicated or proposed to be dedicated for parks, schools, churches, hike-bike trails, sidewalks, or other public and semipublic uses. The preliminary plat shall also include the proposed name and location of the subdivision and the name and address of the owner and the subdivider. The preliminary plat shall contain all information required pursuant to Section 14.12.10.

(C)

Data shall be given regarding acreage in total tract, minimum lot size, average lot size, maximum lot size and acreage left in open space or other uses.

(D)

A preliminary plat showing the relationship between the subdivision and the surrounding area shall be submitted.

(E)

At this meeting the subdivider shall discuss his or her ideas and concepts regarding the proposed subdivision. The Planning Board will make suggestions on layout to the subdivider.

(F)

Certification of approval by those public officials and agencies which are concerned with new development must accompany the preliminary plat. These shall include but not be limited to the County Board of Health, the Carteret-Craven Electric Membership Corporation, the State Department of Environment, Health and Natural Resources and the Corps of Engineers, if necessary.

14.13.9.3. Preliminary Plat Approval; Duties of Subdivider. The subdivider shall prepare a preliminary plat for submission to the Planning Board. Ten copies of the proposed subdivision plat and any required supplemental material shall be submitted to the Planning Board not less than 15 days prior to the regular Planning Board meeting at which the plat is to be considered. The preliminary plat shall be prepared by a registered surveyor, engineer or landscape architect.

14.13.9.4. Preliminary Plat Information.

(A)

The preliminary plat shall contain the location of existing and platted property lines, streets, buildings, watercourses, railroads, transmission lines, sewers, bridges, culverts and drainpipes, water mains, city and county lines (if adjoining) and any public utility easements. The plat shall be at a scale of 100 feet to one inch or larger and will be drawn on sheet sizes not larger than 21 inches by 30 inches outside measurement nor less than eight and one-half inches by 11 inches, leaving a one and one-half-inch left margin for binding and one-half-inch margins on the other three sides. Printed matter shall be eight and one-half inches by 11 inches with the same margin requirements. All material shall be reproducible.

(B)

It shall show the following information:

(1)

Boundaries of tracts shown with bearings, distances and closures;

(2)

Marsh, swamp, floodplain, topography at five-foot intervals and any other physical conditions affecting the site;

(3)

Existing zoning classification both on the land to be subdivided and on adjacent land;

(4)

Names of adjacent property owners or subdivisions;

(5)

Proposed streets, street names, right-of-way, pavement widths and approximate grades;

(6)

Locations of proposed utility lines (storm and sanitary sewers, water, gas, electricity and telephone) showing connections to existing supply and disposal systems or planned supply and disposal systems where applicable;

(7)

The location, widths and purposes of other proposed right-of-way or easements, including without limitation sidewalks and hike-bike trails;

(8)

Proposed areas for parks, school sites or public open spaces, if any;

(9)

Proposed lot lines, lot and block numbers and lot dimensions;

(10)

Proposed minimum building setback lines;

(11)

Title, date, true north arrows and graphic scale;

(12)

Name of owner and surveyor, engineer or land planner;

(13)

Data shall be given regarding acreage in total tract to be subdivided or developed, acreage in park or other public usage (other than streets or easements), minimum lot size, maximum lot size, average lot size, total number of lots, lineal feet in streets, and lineal feet in other easements;

(14)

A preliminary vicinity map showing the relationship between the subdivision and the surrounding area shall also be submitted;

(15)

Boundaries of areas of environmental concern as described in state guidelines for areas of environmental concern; and

(16)

Verification that the plat has been submitted to the public officials and agencies concerned with new development. These might include the County Environmental Health Department, the Carteret-Craven Electric Membership Corporation, the State Department of Environment, Health and Natural Resources, and the Corps of Engineers.

14.13.9.5. Review of Preliminary Plat. The Planning Board shall review each preliminary plat within 45 days of the date of the regular meeting at which it was submitted. The Planning Board and/or the Board of Commissioners may impose conditions regarding density, layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed.

14.13.9.6. Preliminary Plat Approval; Duties of the Planning Board.

(A)

The Planning Board shall approve, conditionally approve, disapprove the preliminary plat, or defer action for a period not to exceed 60 days. Failure on the part of the Planning Board to act within 60 days after the preliminary plat is submitted shall be deemed approval.

(B)

If approval is granted, the Planning Board shall transmit the preliminary plat to the Board of Commissioners for review and action.

(C)

If conditionally approved, the conditions and reasons thereof shall be noted in the minutes, and a revised plat may be required of the subdivider.

(D)

If the preliminary plat is conditionally approved and a revised plat is not required, the Planning Board shall transmit the preliminary plat with conditions attached to the Board of Commissioners for review and action.

(E)

If the preliminary plat is disapproved, the reasons for the action shall be noted in the minutes and recommendations made on the basis of which the proposed subdivision may be approved. A request for reconsideration may be made by the subdivider.

14.13.9.7. Approval of Preliminary Plat by Board of Commissioners.

(A)

Time restraints. The Board of Commissioners shall approve or disapprove the preliminary plat within 60 days.

(B)

Construction authorized; extension of approval.

(1)

Approval of the plat constitutes the authorization to proceed with the construction of the required improvements.

(2)

Preliminary plat approval shall expire 18 months following the granting of preliminary approval unless final approval has been given in accordance with Section 14.13.10. The preliminary plat may be extended upon request of the owner for successive 12 month periods by the Board of Commissioners, without the necessity of Planning Board recommendation or public hearing, under the following circumstances:

a)

Substantial progress is being made towards completion of improvements;

b)

The development is proceeding substantially according to a development timetable or schedule which was submitted at time of submission of the preliminary plan (such as a development to be completed in phases); or

c)

Facts and circumstances exist which indicate that the delays in construction are reasonable.

(3)

It is the intent of the subdivision process to grant preliminary approval only to those developments which are intended for construction in the short term; the Board of Commissioners shall consider this intent in granting extensions.

(C)

Reasons for disapproval. The disapproval of the plat shall be accompanied by the stated reasons for the action and recommendations made on the basis of which the proposed plat could be approved.

(D)

Expiration of approval. Preliminary plats which have been approved more than 18 months prior to the effective date of the ordinance from which this chapter derives shall be deemed expired April 1, 1993, unless by the date the improvements have been installed, or substantial progress towards completion of improvements is underway. The Board of Commissioners may extend approval on the same basis as set out in subsection (B) above.

(1997 Code §§ 36-107, 36-109—36-113; Am. Ord. 2006-12, passed 8-21-2006; Am. Ord. 2006-13, passed 8-21-2006; Am. Ord. 2015-10-09, passed 10-12-2015)

The final plat will show or be accompanied by the following information:

(A)

The lines of all streets and roads and street names, and the location and dimensions of all sidewalks and all hike-bike trails installed pursuant to Section 14.13.7.2;

(B)

Lot lines, lot numbers and lot sizes;

(C)

Minimum building setback lines;

(D)

Reservations, easements, alleys and any areas to be dedicated to public use or sites for other than residential use with notes stating their purpose and any limitations;

(E)

Sufficient data to determine readily and reproduce on the ground, the location, bearing and length of every street line, lot line, boundary line, block line and building line, whether curved or straight, and including true north point, and graphic scale. This should include the radius, center angle, and tangent distance for the centerline of curved streets and curved streets and curved property lines that are not the boundary of curved streets;

(F)

All dimensions should be to the nearest tenth of a foot and angles to the nearest minute;

(G)

Accurate location and description of all monuments and markers;

(H)

The proposed utility systems where applicable:

(1)

Water;

(2)

Gas;

(3)

Sewers;

(4)

Storm drainage;

(5)

Electric lines; and

(I)

The names and locations of adjoining subdivisions, and streets, and the location and ownership of adjoining unsubdivided property;

(J)

Title, date, name and location of subdivision;

(K)

Name of owner, registered surveyor or registered engineer;

(L)

Vicinity map showing relationship between subdivision and surrounding area;

(M)

Reference to any separate instruments filed in the register of deeds office that directly affect the land being subdivided;

(N)

The following notarized certificates on each copy of the final plat:

(1)

Certificate of approval by the Planning Board.

I, _______, Chairman of the Cape Carteret Planning Board, do hereby certify that the Board fully approved the final plat of the subdivision entitled_______,on the_______day of_______20_______.

________
Chairman

(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, 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 planning jurisdiction of the Town of Cape Carteret, North Carolina.

_______
Date

________
Owner

________
Owner

(3)

Letter from District Health Officer indicating suitability of the land to support.

(4)

Certification of approval of the installation and construction of streets, utilities and other required improvements.

I do hereby certify (i) 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 (ii) that a written guarantee of the installations of the required streets, utilities and other required improvements secured by bond or in such other manner as has been approved by the Board of Commissioners of the Town of Cape Carteret in the amount of $_______has been received.

_______
Date

_______
Mayor

_______
Code Enforcement Officer*

* (Or such other officer as the Board of Commissioners may from time to time designate. If some other officer, then his or her title follows:

_______

(5)

Certificate of approval by the Board of Commissioners.

I,_______, Mayor of the Town of Cape Carteret, do hereby certify that the Town Board of the Town of Cape Carteret fully approved the final plat of the subdivision entitled _______on the_______day of_______20___.

_______
Mayor

(6)

Certificate of accuracy.

I,_______, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made under my supervision) (deed description recorded in book_______, page_______,book_______, page_______, etc.) (other); that the error of closure as calculated by latitudes and departures is 1:_______; that the boundaries not surveyed are shown as broken lines plotted from information found in book_______, page_______; that this map was prepared in accordance with G.S. 47-30 as amended. Witness my hand and seal this_______day of_______, 20_______.

___________
Registered Surveyor or Engineer

(O)

Boundaries of areas of environmental concern as described in state guidelines for areas of environmental concern.

(P)

Location of marshes and swamps; floodplain information containing flood zone, community number, panel number, and date of Flood Insurance Rate Map (FIRM).

14.13.10.1. Planning Board Action on Final Plat.

(A)

The final plat shall be reviewed by the Planning Board with the advice and assistance, if necessary, of those public officials and agencies that are concerned with new development, including the County Environmental Health Department, Carteret-Craven Electric Membership Corporation, the Carteret County Building Inspector, District Engineer, State Department of Transportation, County Board of Education, the State Department of Environment, Health and Natural Resources, the Department of Housing and Urban Development under Interstate Land Sales Act Provisions, being U.S.C. §§ 1701 et seq., and the Corps of Engineers. The Planning Board may appoint an engineer to check the final plat against the subdivision's actual layout for correctness, charging the cost to the subdivider if the plat is found to be seriously in error.

(B)

If the final plat is in compliance with this chapter and the Planning Board approves the changes made from the approved preliminary plat, the secretary of the Planning Board shall transmit the final plat together with the Planning Board's recommendations to the Board of Commissioners for final action.

(C)

If the final plat is not in compliance with this chapter, or the Planning Board does not approve the changes from the approved preliminary plat, the subdivider shall be given an opportunity to submit a revised final plat. If a revised final plat is not submitted, the secretary of the Planning Board shall transmit the final plat together with the Planning Board's recommendations to the Board of Commissioners for final action. The recommendations shall specify how the final plat is not in compliance with this chapter and any unapproved changes from the approved preliminary plat.

(D)

The Planning Board shall review and take final action on each final plat within 45 days of the date of the regular meeting at which it was submitted.

14.13.10.2. Action by Board of Commissioners on Final Plat.

(A)

The final plat and the recommendations of the Planning Board shall be reviewed by the Board of Commissioners. The Board of Commissioners shall approve or disapprove the final plat.

(B)

Approval of the final plat is authorization for the subdivider to file the plat with the register of deeds within 60 days.

(C)

If the Board of Commissioners should disapprove the final plat, the reasons for the action shall be noted and recommendations made on the basis of which the proposed subdivision would be approved.

(D)

The action of the Board of Commissioners shall be noted on three copies of the final plat. Two copies shall be returned to the subdivider; one of these (on pages no larger than 21 inches by 30 inches outside measurement nor less than eight and one-half inches by 11 inches, leaving one and one-half-inch left margin for binding and one-half inch margins on the other three sides) to go to the register of deeds, to be filed within 30 days, and the other retained for the permanent files of the Planning Board.

(E)

No final plat shall be approved until all required improvements are installed, the inspection fee has been paid, and the certificates required by this chapter to appear on the final plat have been properly filled out, signed and notarized.

14.13.10.3. Final Plat Examination and Approval Fees.

(A)

Rezone and subdivision plats must be accompanied by a filing fee of $150.

14.13.10.4. Resubdivision Procedures.

(A)

If no lots in an approved subdivision have been sold, the land can be resubdivided by following the same procedure, rules and regulations as prescribed herein for an original subdivision. If lots have been sold, the land may be resubdivided provided that:

(1)

No lot or tract of land shall be created or sold that is smaller than the minimum size shown on the approved plan;

(2)

Drainage easements and rights-of-way shall not be changed;

(3)

Street alignment and block sizes shall not be changed; and

(4)

The character of the area shall be maintained.

(B)

If in the opinion of the Planning Board any variance from the approved plan offers a substantial improvement over the approved plan and will not be detrimental in any way to the previous lot purchasers in the subdivision, the Planning Board may waive the stipulations set out in subsection (A) above.

(1997 Code, §§ 36-114—36-118; Am. Ord. 12-16-2002, passed 12-16-2002; Am. Ord. passed 7-21-2003; Am. Ord. passed 5-9-2005; Am. Ord. 2006-13, passed 8-21-2006)

14.13.11.1. Conformance with Specifications. Final plats for all subdivisions shall not be approved until all required improvements have been installed or the subdivider has guaranteed to the satisfaction of the Board of Commissioners that the improvements will be installed as provided in Section 14.13.11.2. All improvements shall be made in conformity with the requirements and standards set forth in this chapter and other specifications and policies of the Town. All improvements shall be inspected and approved by the Town Engineer and/or UDO Administrator as conforming to the requirements of the Town. All improvement specifications of the Town are on file in the office of the Town Clerk.

14.13.11.2. Guarantee of Improvements. Where the required improvements have not been completed prior to the submission of the plat for final approval, the approval of the plat shall be subject to the subdivider's guaranteeing the installation of the improvements in one of the following methods:

(A)

Cash or certified check (escrow: Town Clerk);

(B)

Performance or surety bond executed by a company duly licensed to do business in the state;

(C)

Savings account with any properly insured financial institution (escrow: Town Clerk); or

(D)

Letter of credit or line of credit from a lending institution (bank, savings and loan) that specifies a limit of credit that will be extended to a developer upon request. This amount may not be used for purposes other than the improvements specified for the subdivision being approved. The lending institution shall agree to provide assurance to the Board of Commissioners that a notice of advances on the specified line of credit will be forwarded by the lending institution to the office of the Mayor.

14.13.11.3. Specific Improvements.

(A)

Curb and gutter, street paving. The subdivider shall be responsible for the cost and installation of the road foundation and paving of all streets on the approved final plat in accordance with specifications of the Town.

(B)

Grading. The subdivider of any subdivision designed to be used for residential, commercial or other purposes shall clear and grade proposed streets to their full right-of-way width so as to provide adequate shoulders and pedestrian walkways.

(C)

Markers. All lot corners, all points where the street lines intersect the exterior boundaries of the subdivision, all angle points and points of curve in each street shall be marked with an iron pipe not less than three-fourths inch in diameter and 30 inches long, driven so as to be two inches above the finished grade.

(D)

Monuments. Permanent concrete monuments four inches in diameter or square, three feet long, shall be placed at not less than two corners of the subdivision, provided that additional monuments shall be placed where necessary so that no point within the subdivision lies more than 500 feet from a monument. Two or more of the required monuments shall be designated as control corners. The top of each monument shall have an indented cross, metal top, or metal plate to identify properly the location of the point. All monuments shall be shown on the final plat.

(E)

Property corner tie. At least one corner of the property surveyed shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within 2,000 feet of a U.S. Coastal and Geodetic Station or state grid system coordinated monument, then this corner shall be accurately tied to this station or monument by computed X and Y coordinates which shall appear on the map with a statement identifying this station or monument or to an accuracy of 1:15,000. When a monument or station is not available, the tie shall be a landmark or identifiable point, physical object or structure.

(F)

Street name markers. Street name markers shall be provided at all subdivision street intersections and at any other point within the subdivision as deemed necessary by the Town. The placement and construction of the signs shall conform to specifications of the Town.

(G)

Surface water drainage. Where a storm drainage system is not accessible, before a subdivision is approved and accepted by the Town, the subdivider shall do all grading and provide all drainage structures necessary to properly carry the water to locations which are acceptable to the Town.

(H)

Utilities; electric, telephone. All electric, telephone and telegraph utilities' layout plans shall appear on the preliminary and final plats as utility easements. Location of utility easements shall be approved by the Planning Board at the time of final plat approval. In addition, all developers are encouraged to install utility service lines underground where feasible for the protection and safety of the subdivision residents.

(1997 Code, §§ 36-146—36-148)

(A)

Any violation of any provision of this chapter shall subject the violator to a civil penalty in the amount specified on the fee schedule approved by the Board of Commissioners and posted on the Town website. A citation for the civil penalty shall be issued by the Police Department or the UDO Administrator or their designee. Each citation for a civil penalty must be paid within 72 hours of issuance.

(B)

Every day that the violator continues in violation shall be a separate and distinct offense.

(1997 Code, § 36-8; Am. Ord. 00-12-10, passed 12-18-2000; Am. Ord. 2012-03-01, passed 3-19-2012)