This article is designed and enacted to provide for the orderly development of the town and its environs through the regulation of the subdivision of land. The regulations contained in this article are intended to coordinate proposed development with existing development and with officially adopted plans for the future development of the town; to ensure the provision of adequate facilities for transportation, water, sewerage, and other public facilities in subdivisions; to ensure the proper legal description, monumentation, and recording of subdivided land; and to create conditions essential to public health, safety, and general welfare.

(Ord. No. 24-1230, 7-9-2024)

A.

It is the general purpose and intent of this article to regulate the division of land so as to:

1.

Obtain the wise use, construction, protection, and proper development of the area's soil, water, wetland, woodland, and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base.

2.

Lessen congestion in the streets and highways.

3.

Provide adequate light and air.

4.

Prevent the overcrowding of land.

5.

Facilitate adequate provisions for housing, transportation, water, sewerage, and other public facilities or requirements.

6.

Further the orderly layout and appropriate use of land.

7.

Secure safety from fire, flooding, water pollution, disease, and other hazards.

8.

Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood-control projects.

9.

Prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters.

10.

Preserve natural vegetation and cover and promote the natural beauty of the area.

11.

Facilitate the further division of larger tracts into smaller parcels of land.

12.

Ensure adequate legal description and proper survey monumentation of subdivided land.

(Ord. No. 24-1230, 7-9-2024)

Approval procedures for the division of land and creation of lots are provided in Article 2 of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

A.

The following standards shall apply to the creation of all lots within the town's planning jurisdiction:

1.

General design. The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The minimum standards set forth in Article 3 (zoning) shall be considered in all instances. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the buildings contemplated.

2.

Arrangement and layout of lots.

a)

Side lot lines shall generally be at right angles to straight street lines or radial to curved street lines on which the lots face. Lot lines shall follow municipal boundary lines rather than cross them.

b)

Double frontage lots shall be prohibited except for the recombination of previously platted lots.

c)

Lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots, or public dedications in any plat abutting a stream, lake, or other waterway.

d)

Every lot shall front or abut a public or private street. However, no new private streets shall be permitted unless located in the ETJ,

e)

Whenever a tract is subdivided into large parcels, such parcels shall be arranged and dimensioned as to allow resubdivision of any such parcels into normal lots in accordance with provisions of this article.

f)

Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

g)

Flag lots shall be prohibited.

3.

Area and dimensions.

a)

Area and dimensions of all lots shall conform to the requirements of Article 3 (zoning).

b)

Depth and width of lots or parcels reserved or laid out for business, commercial, or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions, when applicable, for such use.

4.

Lots with frontal dunes. Notwithstanding the provisions of this article, all lots of a proposed subdivision shall be so designed and/or laid out in a fashion so that adequate space is provided for the placement of structures and/or other improvements on the subject lot or lots without altering or otherwise disturbing the frontal dunes, as defined by this ordinance. If this provision is held to be in conflict with any other regulation of this article or other requirement, the more restrictive of the conflicting requirements shall be adhered to. This provision is not to be construed as limiting other requirements of this article, such as building setback lines or other requirements when conflicts arise.

(Ord. No. 24-1230, 7-9-2024)

Every lot shall have either direct or indirect access to a public street. A lot has direct access to a public street if the lot abuts the public street right-of-way so that a minimum width of 50 feet can be established at the building setback line. Furthermore, all lots must comply with the minimum lot width (as defined by this ordinance) and as established by the zoning district where located. With the exception of lots in the CBD, all lots shall have a minimum lot width of 50 feet. A lot has indirect access if it connects to a public street by means of one (1) or more private roads that were constructed prior to the adoption of this ordinance in which case frontage for said lots shall be no less than 50 feet at the building setback line. In addition, if lots are created that are no larger than the buildings located thereon and access to such lots and buildings must be across land owned by a homeowners' or similar association, then this shall also constitute indirect access. This would be customary for townhome or duplex lots utilizing zero lot line provisions.

(Ord. No. 24-1230, 7-9-2024)

A.

Utility easements. Where necessary, easements of widths deemed adequate for the intended purpose shall be provided on the property side of front lot lines, on each side of all rear lot lines, on each side of all side lot lines, or across lots where necessary or advisable for electric power and communication poles, wires, conduits; storm and sanitary sewers; street trees; and gas, water, and other utility lines.

B.

Drainage easements. Where a subdivision is traversed by a drainageway or stream, an adequate easement shall be provided. The location, width, alignment, and improvement of such drainageway or easement shall be subject to review by the Technical Review Committee and/or appropriate town department.

(Ord. No. 24-1230, 7-9-2024)

A.

Where a subdivision which adjoins Myrtle Grove Sound, the Cape Fear River, the Intracoastal Waterway, the Atlantic Ocean, or their impounded waters and tributaries, contains interior lots, parcels, or tracts of land which do not adjoin the water's edge, one (1) or more lots which adjoin the water's edge shall be reserved to provide water access for the owners of interior properties. Such lots shall hereafter be called water access lots.

1.

Water access lots shall be provided at a ratio of one (1) water access lot for each 600 feet of waterfront lots contained in the subdivision measured parallel to the shoreline of the subdivision.

2.

All water access lots shall abut both a public street and the water shoreline and shall be no less than 10 feet in width.

3.

The water access lots shall either be dedicated to the town (but only if the Town Council agrees to accept such dedication) or shall be transferred in fee simple title to the common ownership of the interior lot owners of the subdivision.

4.

Before approval of the final plat can be given, the subdivider shall submit to the UDO Administrator a covenant stating either:

a)

That he/she will dedicate the required amount of water access lots to the town.

b)

That he/she will convey title to the water access lots to the purchasers of each interior lot.

i)

Such purchasers shall have common ownership of the water access lots with undivided fee simple interest and shall be equally responsible for the maintenance of water access lots.

5.

If the subdivider chooses to dedicate the water access lots to the town, the Town Council must agree to accept the responsibility of maintaining the lots and the preliminary plat and the final plat must show the dedication. If the title is transferred to the interior lot owners, the preliminary plat and final plat shall designate the following:

a)

The lot or lots that are to serve as water access lots.

b)

The lots the owners of which are to have common title to the water access lots (e.g., Owners of Lots 1, 2, 3, 4, 5, etc., to have undivided fee simple title to this water access lot).

(Ord. No. 24-1230, 7-9-2024)

A.

INSTALLATION OF IMPROVEMENTS

1.

The cost of all improvements shall be at the subdivider's expense. All required improvements shall be completed by the subdivider or his or her agents. All required improvements, except the final lift of asphalt on roadways; landscaping; and sidewalks shall be installed, inspected, and approved prior to approval of any final plat. A Subdivision Improvement Agreement shall be entered into for the purpose of guaranteeing the proper installation of the final lift of asphalt, landscaping, and sidewalks as provided in Article 2.

B.

ACCEPTANCE OF PUBLIC IMPROVEMENTS

1.

At the time of final plat approval, the applicant shall provide the UDO Administrator with a timeline for acceptance of public improvements. Within 12 months of completion of such improvements, and prior to any conveyance to a third party or HOA/POA, an offer of acceptance by the town shall be initiated by the subdivider. An extension may be granted by the UDO Administrator where less than 80% of the lots within the final plat have not been conveyed to individual ownership or issued a certificate of occupancy.

2.

All required offers to dedicate or reserve for future dedication shall be made clear of all liens and encumbrances on the property prior to consideration for acceptance by the town.

3.

Such acceptance shall be made through the use of a legally recorded deed or transfer of ownership which has been reviewed and approved by the town attorney.

C.

INSPECTION

1.

The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the UDO Administrator to provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of any applicable performance guarantee.

2.

Prior to the acceptance of any public infrastructure or approval of a final plat with required improvements, including streets, stormwater systems, or water/sewer systems, the subdivider is required to have a professional engineer perform a required inspection and prepare an accompanying sealed report demonstrating compliance with the required standards of this ordinance and any applicable specifications under authority of the Public Works Department or other applicable agency.

(Ord. No. 24-1230, 7-9-2024)

A.

Streets within the subdivision. Improvements to existing streets/road network are required for safe and adequate access to the subdivision.

B.

Traffic control devices, street name signs, and cluster mailbox units.

C.

Pedestrian facilities.

D.

Street trees.

E.

Water and sewer systems.

F.

Stormwater drainage and erosion control facilities.

G.

Underground utilities.

H.

Any other improvement required as a condition for preliminary plat approval.

(Ord. No. 24-1230, 7-9-2024)

A.

Streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient, safe access to property.

B.

The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such use will result in a more desirable layout.

C.

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions.

D.

In nonresidential developments, the streets and other accessways shall be planned in connection with the grouping of buildings, the location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

E.

With the exception of the ETJ, all new streets shall be planned, constructed, and dedicated for public purposes. No new private streets shall be constructed unless the property is located within the town's ETJ.

(Ord. No. 24-1230, 7-9-2024)

A.

Alleys are permissible in nonresidential districts to provide for service areas, such as off-street loading and parking, consistent with and adequate for the uses proposed.

B.

The width of any alley shall be not less than 20 feet.

C.

Dead-end alleys are prohibited except under very unusual circumstances, and crooked and "T" alleys shall be discouraged. Where dead-end alleys are unavoidable, they shall be provided with adequate turnaround facilities at the dead end meeting all NCDOT requirements.

D.

Alleys shall not be provided in residential areas.

(Ord. No. 24-1230, 7-9-2024)

A.

The design of all streets and roads, including drainage, shall be in accordance with the minimum design and construction criteria for the most recent version of the NCDOT Subdivision Roads Minimum Construction Standards and NCDOT Guidelines for Drainage Studies and Hydraulic Design, unless this ordinance establishes a stricter standard. Any applicable construction standards of Chapter 34, Article 7 shall also be complied with.

B.

Right-of-way widths. Minimum street right-of-way widths shall be in accordance with the minimum design standards for the type of street based on the NCDOT Subdivision Roads Minimum Construction Standards. Most streets will be constructed in accordance with standards provided for "Residential Local Subdivision Roads" as specified in the NCDOT Subdivision Roads Minimum Construction Standards manual. Alternative street designs may be approved by the UDO Administrator with plans and street specifications prepared by a licensed professional engineer in accordance with the NCDOT Complete Streets Planning and Design Guidelines and for an advisory recommendation by the TRC and fire marshal. In no case shall right-of-way widths be less than 40 feet and pavement widths less than 26 feet, unless explicitly approved by the Fire Marshall.

C.

Pavement widths. Minimum pavement width face-to-face of curb and gutter shall not be less than the minimum design standards for the type of street based on NCDOT standards.

D.

Cul-de-sacs. Permanent dead-end streets or cul-de-sacs shall be designed per state department of transportation and fire code minimum standards.

E.

Street grades. Unless necessitated by exceptional topography, subject to the approval of the TRC, the maximum centerline grade of any street or public way shall not exceed NCDOT standards. The grade of any street shall not exceed 12% or be less than one-half (0.5) of one (1) percent. Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography. All changes in street grades shall be connected by vertical parabolic curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for major streets, and one-half (0.5) this minimum for all other streets.

F.

Street Connectivity Requirements. The Town Council hereby finds and determines that an interconnected street system is necessary in order to protect the public health, safety, and welfare in order to ensure that streets will function in an interdependent manner and to provide continuous and comprehensible transportation for all modes of travel. All proposed streets shall be continuous and connect to existing or platted streets without offset with the exception of cul-de-sacs. Whenever practicable, provisions shall be made for the continuation of planned streets and any associated pedestrian facilities into adjoining areas. Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the Fire Marshall may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or to accommodate emergency vehicles. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 1,000 feet may be created.

(Ord. No. 24-1230, 7-9-2024)

Street names shall not duplicate or be similar to existing street names; however, existing street names shall be projected where appropriate. The subdivider shall be responsible for coordinating street naming with the UDO Administrator.

(Ord. No. 24-1230, 7-9-2024)

A.

ANGLE AND NUMBER OF STREETS INTERSECTING

1.

Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than 70 degrees shall not be acceptable.

2.

Not more than two (2) streets shall intersect at any one (1) point unless specifically approved by the TRC.

B.

SPACING OF INTERSECTIONS

1.

Proposed new intersections along one (1) side of an existing street shall wherever practicable coincide with existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 125 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous.

2.

The number of intersections along arterial streets and highways shall be held to a minimum. Wherever practicable, the distance between such intersections shall not be less than 1,200 feet.

C.

PROPERTY LINES

1.

Property lines at street intersections shall be rounded with a minimum radius of 15 feet or of a greater radius or shall be cut off by a straight line through the points of tangency of an arc having a radius of 15 feet.

2.

Property lines at alley intersections and at abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

D.

GRADES

1.

Where the grade of any street at the approach of an intersection exceeds seven (7) percent, a leveling area shall be provided having not greater than four (4) percent grade for a distance of 25 feet, measured from the nearest right-of-way line of the intersecting street.

2.

Intersections shall be designed with a flat grade whenever practical. In no case shall the vertical alignment within the intersection area exceed four (4) percent.

3.

Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.

(Ord. No. 24-1230, 7-9-2024)

A.

General design. The widths, lengths, and shapes of blocks shall be suited to the planned use of the land, zoning requirements, need for convenient access, control and safety of street traffic, and topography.

B.

Length. Blocks in residential areas shall not, as a general rule, be less than 400 feet nor more than 1,200 feet in length, unless otherwise dictated by exceptional topography or other limiting factors consistent with good design. Wherever practicable, blocks along major streets and highways shall be not less than 1,000 feet in length.

C.

Width. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic, public parks, cemeteries, railroad rights-of-way, bulkhead lines, shorelines of waterways, or corporate boundaries, or except as may be necessary due to extreme topography.

D.

Pedestrian paths. Pedestrian paths of not more than 10 feet in width should be planned between rear lot lines where feasible to provide safe and convenient pedestrian circulation between the individual lots, streams, lakeshores or other waterways, parklands or other public areas. Such pedestrian paths shall be required near the center and entirely across any block over 900 feet in length to provide adequate pedestrian circulation or access to schools, recreation areas, shopping centers, churches, or transportation facilities. Any such path shall have a minimum paved width of five (5) feet.

E.

Non-residential blocks. Blocks within the CBD, HB, and I-1 zoning district shall not be subject to the block length requirements of this ordinance.

(Ord. No. 24-1230, 7-9-2024)

All subdivisions of six (6) or more lots shall be required to install sidewalks along any proposed street or roadway. The construction of all sidewalks shall be in accordance with the specifications provided in Article 3 Zoning (pedestrian facilities) and Chapter 34, Article 7.

(Ord. No. 24-1230, 7-9-2024)

The subdivider shall install street lamps in accord with the standards provided in Chapter 34, Article 5 along all streets. Traffic-control devices such as stop, yield, and speed limit signs, but not including electric or electronic traffic signals, shall be installed on all streets by the subdivider. The construction of all control devices shall be in accordance traffic control standards as designated in the Manuals on Uniform Traffic Control Devices, North Carolina Supplement to the Manual on Uniform Traffic Control Devices, and the North Carolina Highway Design Branch Roadway Standard Drawings.

(Ord. No. 24-1230, 7-9-2024)

It is the policy of the U. S. Postal Service that mail delivery to all new subdivision is centralized delivery, most often using cluster box units (CBU). It is the responsibility of the subdivider to provide the necessary mail receptacle equipment in accordance with the Postal Operations Manual. The location of the CBU shall be evaluated by the TRC.

(Ord. No. 24-1230, 7-9-2024)

The subdivider shall plant at least one (1) understory tree of approved species and of at least six (6) feet in height for each 50 feet of frontage on all proposed streets. Tree plantings shall be completed in accordance with plans and specifications required by the UDO Administrator.

(Ord. No. 24-1230, 7-9-2024)

A.

All applications for subdivisions must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. All proposed subdivisions must comply with the requirements set forth in the by the town's Public Works Department for connection and/or the appropriate outside agency/utility system, where applicable.

B.

Where public or community water supply and/or sewerage systems are not required to be provided, a written statement from the county health department or licensed soil scientist shall be submitted with all subdivision applications indicating that each lot has adequate land area and soil conditions suitable to accommodate the proposed methods of water supply and sewage disposal.

(Ord. No. 24-1230, 7-9-2024)

The subdivider shall construct stormwater drainage facilities, which may include curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention structures, and settling basins as required to adequately serve the subdivision. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazard to life or property. All applicable subdivision development shall be subject to the town's stormwater requirements as provided in Article 6.

(Ord. No. 24-1230, 7-9-2024)

Underground electric service and telephone facilities (where applicable) to all new subdivisions is required. Notwithstanding the above, a subdivider shall not be required to bury power lines that existed above ground at the time of first approval of a plat or development plan by the town, whether or not the power lines are subsequently relocated during construction of the subdivision or development plan or the power lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.

(Ord. No. 24-1230, 7-9-2024)

No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved by the appropriate authority.

(Ord. No. 24-1230, 7-9-2024)

No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of the ordinance from which this article is derived until all the requirements of this article have been met.

(Ord. No. 24-1230, 7-9-2024)