Subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. design shall be sensitive to the protection and preservation of existing site features, natural and man-made. To the maximum extent possible, subdivisions 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) or any division of land involving the dedication of a new street or a change in existing streets. shall be designed to preserve structures and sites of historic or cultural significance, small family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A.  Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains., and to protect habitats of rare or unusual plants or wildlife as documented in the established Durham Inventory See "Durham Inventory", the State Natural Heritage Listing, or the National Register of Historic Places.    

Subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. of land shall comply with adopted public plans for the area in which it is located. This includes plans for public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. such as rights-of-way, parks and open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., schools, and other similar facilities.

The name of a subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. shall not duplicate nor closely approximate the name of an existing subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. within the City or County.

For any subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. proposing to use on-site wastewater disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters., the minimum lot size shall be one acre.

13.8.1. Subdivisions 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) or any division of land involving the dedication of a new street or a change in existing streets. shall not receive final plat The final map of all or a portion of a subdivision which is presented for final approval. approval until the applicant furnishes an attorney's certification that proper legal provisions have been made for the following, as applicable:

A. Establishment of property owners Any person having charge of any real property according to the records held by the Register of Deeds. association;

B. Declaration of covenants and restrictions for common areas;

C. Declaration of unit-ownership development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; and

D. Provisions for perpetual ownership and maintenance of commonly-owned streets, utilities, other improvements, and lands.

13.8.2. All final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. containing private streets and roads See “Street, Public” and “Street, Private.” shall contain a note requiring a disclosure statement to be furnished to all subsequent purchasers of property shown on the plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

A. Except in Design Districts, block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. standards shall comply with this section or shall comply with Sec. 13.6, Street Connectivity Standards.

B. For Design District requirements see Sec. 16.4, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., Right-of-Way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings./Lot Standards.

A. Streets shall be laid out such that the requirements can be met both within and between proposed and future subdivisions 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) or any division of land involving the dedication of a new street or a change in existing streets. on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land through the use of stub out The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network. requirements within Sec. 12.3, Streets.

Table 1: Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. Length Requirements
Zoning Districts	Maximum Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. Length (ft)	Maximum Block Perimeter The continuous line forming the boundary of a street block. (ft)	Minimum Site Acre Applicable (acres)
RU-M, RC (20 max); RS-M(D) (18 max); PDR (above 8.000); CSD; MU; CD; DD; CI; CN	550	1,400	2
RU-5 (8 max); RS-M (8 max); RS-8 (5 max); PDR (below 8); OI; CG; CC	920	2,880	5
RR; RS-20 (2 max); RS- 10 (4 max); I; IL; IP; SRP; UC	1,200	4,000	10

Commentary: The maximum block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. perimeters correspond to a maximum average block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. length of 350 ft, 720 ft, and 1,000 ft.

B. Within a single phase of any subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., individual block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. perimeters shall be permitted to exceed the maximum by 25% provided that the average of all block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. perimeters in the phase does not exceed the maximum.

C. The requirements contained in Table 1 shall not apply if at least one of the following conditions prevents a through connection:

1. Obstacles associated with prior platting A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. of property from another landowner; 

2. Construction of existing buildings or other barriers; 

3. Railroad or utility right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.; or

4. Existing limited-access motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

Every buildable lot shall abut a public street, a private street, or a driveway A private roadway located on a parcel or lot used for vehicle access. allowed for access under paragraph 12.2.2B.2.b above, capable of providing access to a lot.

Side lot lines shall intersect rights-of-way between 60 and 90 degrees on a straight street, or from the tangent of a curved street.

A. For a residential lot that has frontage on two nonintersecting local or collector streets, the following shall apply:

1. For a lot with a single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., the lot shall be accessed from one street only with treatment such as a berm, walls, or landscaping fronting on the second street to preclude access. This shall not apply for access to an accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling..

2. For a lot with an accessory dwelling unit A dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling., two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., or multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., the lot can be accessed from both streets as long as access points are offset to inhibit cut-through traffic.

B. Residential lots adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a boulevard Major streets with a median and two or more lanes that are identified and further described on the adopted Comprehensive Transportation Plan, as amended. or major/minor thoroughfare shall have vehicular access from the local street Streets less than one mile in length that do not connect thoroughfares, or major traffic generators, and typically do not collect traffic from more than 100 dwelling units; or loop streets less than 2,500 feet in length. only.

C. Nonresidential lots with double frontage shall have offset access points to inhibit cut-through traffic.

The subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. or resubdivision of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or lot shall not be permitted to cause an existing structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. proposed for preservation to violate The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. the standards of this Ordinance.

All lots shall be numbered consecutively within each block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings.. Lot numbering can be cumulative throughout the subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. if the numbering continues from block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. to block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. in a uniform manner. Any lots being resubdivided shall be consecutively numbered beginning with the last available number in the existing block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. or subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets..

A. Except in Design Districts, Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. standards shall comply with Sec. 13.4 or shall comply with Sec. 13.6, Street Connectivity Standards.

B. For Design District requirements see Sec. 16.4, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., Right-of-Way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings./Lot Standards.

A. Except in Design Districts, connectivity shall be defined by the ratio of links to nodes in any subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets..

1. The connectivity ratio shall be the number of street links divided by the number of nodes (Links/Nodes).

2. A link shall be any portion of a street, other than an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street., defined by a node at either end. Stub-outs to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property shall be considered links. For the purpose of determining the number of links in a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., boulevards, median-divided roadways, and divided entrances shall be treated the same as conventional two-way roadways.

a. Any portion of a street, connected by a node at either end, including sidewalks and pedestrian connections in accordance with Sec. 12.4, Stub Outs The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network., to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property, transit stops, and streets including sidewalks per paragraph 12.4.2.

b. For the purpose of determining the number of links in a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., boulevards, median-divided roadways, and divided entrances shall be treated the same as conventional two-way roadways.

Commentary: The different types of links and nodes have been weighted and scored differently based on how the specific infrastructure adds to connectivity and how it contributes to the ratio scoring matrix. A higher scoring link equates to a more desirable link, while a higher scoring node equates to a less desirable node.

3. A node shall be:

a. The terminus of a street or the intersection of two or more streets. A divided entrance shall only count once.

Figure 1. Types of Nodes

4. Additional Requirements

a. Pedestrian Links Required:

A (publicly accessible) pedestrian link shall be required between a neighborhood link or node including cul-de-sac A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. bulb or street turnaround, within 500 ft or less of the next closest connection to an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. pedestrian connection and/or to significant pedestrian generators or destinations such as schools, parks, trails, employment centers, commercial areas, residential neighborhoods, or similar features.

Required pedestrian links shall be constructed from all-weather solid surface material such as concrete, asphalt, or another similar material that would satisfy the State accessibility code and comply with the most recent accessibility standards as published under the Americans with Disabilities Act (ADA).

The requirements contained in Table 1 shall not apply if at least one of the following conditions prevents a through connection:

Obstacles associated with prior platting A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. of property from another landowner;

Construction of existing buildings or other barriers;

Railroad or utility right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.; or 

Existing limited-access motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

b. Cross Access Required:

In addition to meeting all the requirements of paragraph 13.6.1C, Pedestrian Links Required, pedestrian links shall be provided between compatible uses such as civic, institutional, commercial, and residential uses.

B. Connectivity in Design Districts

For Design Districts, see Sec. 16.4, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., Right-of-Way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings./Lot Standards.

A. Street Network

The street network A system of interconnected streets which includes vehicular, pedestrian, transit, and bicyclist infrastructure., including common access driveways A private roadway located on a parcel or lot used for vehicle access. permitted in paragraph 12.2.2B.2.b, Driveways A private roadway located on a parcel or lot used for vehicle access., for any subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. with internal roads See “Street, Public” and “Street, Private.” or access to any public road See “Street, Public” and “Street, Private.” shall achieve a minimum connectivity ratio of 1.15 in the Rural Tier, 1.40 in the Suburban Tier, 1.60 in the Urban and Compact Tier.

B. Street links and nodes along a collector or arterial street providing access to a proposed subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets. shall not be considered in computing the connectivity ratio.

C. Required stub-outs that cannot be constructed pursuant to paragraph 12.3.1F, Stub Outs The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network., shall be considered as being present as a link at the ratio of one link per side as provided in paragraph 12.3.1F, Stub Outs The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network., for purposes of determining if the required ratio has been met.

Figure 2. Connectivity Ratio Example

A. Phasing plans shall be included in the first submittal and shall be reviewed and evaluated as part of the overall development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

1. Off-site improvements are excluded from phasing; however, they may be required within a certain phase to satisfy overall development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements.

2. Phases shall be designed to ensure the efficient construction of future phases. Each phase of a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be designed and function with the utilities, fire protection, right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. infrastructure, and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management necessary to serve that phase.

3. Each phase shall contain the minimum tree coverage percentage as required per Sec. 8.3, Tree Protection and Tree Coverage.

4. Lot numbers shall not be duplicated within different phases of the same subdivision 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) or any division of land involving the dedication of a new street or a change in existing streets..

B. All right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. and/or easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for public infrastructure servicing the respective phase must be recorded with the first plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

C. Water and sewer extension permit applications for each individual phase of the project are required after plan approval.

D. No land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. in a subsequent phase shall commence until:

1. The first asphalt layer of the street or other vehicular system of the previous phase has been laid and inspected; and

2. The lot(s) in the previous phase have been stabilized, inspected, and approved per the County and State Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control standards.