The procedures and standards for the development, subdivision, surveying, and platting of real estate, as prescribed in this Chapter 7, are hereby found by the Board of Commissioners to be necessary and appropriate in order:

(1)

To assure that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood, erosion, or other menace.

(2)

To assure that proper provisions shall be made for drainage, water supply, sewerage, and other needed improvements, and that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties.

(3)

To provide for dedication of streets and rights-of-way or easements for vehicular, pedestrian and utility purposes, or to require properly constructed private streets, assuring that provisions are made for the distribution of population and traffic that shall avoid congestion and overcrowding and that shall create conditions essential to public health, safety, and welfare.

(4)

To provide for economical and sufficient streets composing a convenient system conforming to the Town's official street map, if such exists, and shall be of such width, grade, alignment, and location as to accommodate the prospective traffic, to facilitate fire protection, and to provide access of firefighting equipment to buildings, and to conform with existing or planned streets and with other public facilities.

(5)

To save unnecessary expenditure of public funds by studying space and recommending from time to time the purchase of such space for public lands and buildings and by initial proper construction of streets and utilities.

(6)

To provide proper land records for the convenience of the public and for better identification and permanent location of real estate boundaries.

(1)

Conformity with Regulations Required

After the effective date of this Chapter 7, or the regulations from which they derive, no real property within the Town, shall be subdivided and any portion of the property offered for sale, sold, or transferred except in conformance with all applicable provisions of this Chapter 7. Compliance with this Chapter 7 includes but is not limited to compliance with all regulations in this Ordinance applicable in the district in which the land is located.

(2)

Suitability of Land

Land subject to flooding, poor drainage, erosion or that is for topographical or other reasons unsuitable for residential use as determined by the Planning Board or Board of Commissioners, 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 conditions can be corrected.

(3)

Building Permits

Building permits shall not be issued for structures located in a subdivision unless the final plat is recorded in the office of the county Register of Deeds.

The following shall not be included within the definition of a subdivision nor be subject to the subdivision regulations; provided, however, that any document or plat to be recorded pursuant to such exclusions shall have the notation of "no approval required" and the signature of the Planning Director, before filing with the office of the register of deeds:

(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 this Ordinance;

(2)

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;

(3)

The public acquisition by purchase of strips of land for the widening or opening of streets; and

(4)

The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standard of this Ordinance.

Every building erected after the effective date of the ordinance from which this section derives, shall be located on a lot of record. There shall be no more than one (1) principal residential building and its accessory buildings on one (1) lot except as specifically permitted in this Ordinance.

No building shall be erected on a lot that does not abut a street except in the following circumstances:

(1)

Planned Unit Development

The lot is part of a planned unit development or a condominium (residential or commercial), where an owners' association is responsible for maintaining a private access road and insuring adequate access for ingress, egress, and regress to and from the lot and a street.

(2)

Common Parking Area

The lot adjoins a common parking area connected to a street, the common parking area used in connection with other lots, commercial uses, or businesses, such common parking area already existing or approved by the Board of Commissioners.

No lot shall be reduced so that yards, width or area below the minimum required under this Ordinance shall result.

Vacant adjoining lots that are too small to meet the yard, width, and area requirement of the district in which they are located and are in single ownership shall be considered as a single lot or several lots subject to the requirements of this Ordinance.

This is a procedure for the recordation of a plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:

(1)

The tract or parcel to be divided is not exempted under subdivision G.S. 160D-802(a)(2).

(2)

No part of the tract or parcel to be divided has been divided under this subsection in the ten (10) years prior to division.

(3)

The entire area of the tract or parcel to be divided is greater than five (5) acres.

(4)

After division, no more than three (3) lots result from the division.

(5)

After division, all resultant lots comply with all of the following:

a.

All lot dimension size requirements of the applicable land-use regulations, if any.

b.

The use of the lots is in conformity with the applicable zoning requirements, if any.

c.

A permanent means of ingress and egress is recorded for each lot. (160D-802)

To assure compliance with G.S. 160D-804 and other development regulation requirements, a performance guarantee is required to ensure successful completion of required improvements.

(Ord. of 4-8-25(1))

For purposes of this section, all of the following apply with respect to performance guarantees:

(1)

Surety bond issued by any company authorized to do business in this State.

(2)

Letter of credit issued by any financial institution licensed to do business in this State.

(3)

Other form of guarantee that provides equivalent security to a surety bond or letter of credit.

(Ord. of 4-8-25(1))

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

(Ord. of 4-8-25(1))

A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the Town, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in Section 7.4.5 of this Ordinance and shall include the total cost of all incomplete improvements.

(Ord. of 4-8-25(1))

The performance guarantee shall be returned or released only after all items listed for completion in the Performance Guarantee have been lawfully installed, inspected, and approved by the appropriate Town Staff or contracted employee. The Town shall return letters of credit or escrowed funds upon determination that the project qualifies for the release. When required improvements that are secured by a bond qualifies for the release, the Town shall provide written acknowledgement that the required improvements have been completed. Release of the Guarantee shall take place no longer than 30-days after the improvements have been lawfully installed, inspected, and approved by the appropriate Town Staff or contracted employee.

(Ord. of 4-8-25(1))

The amount of the performance guarantee shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion at the time the performance guarantee is issued. To determine the amount of the Performance Guarantee the developer shall provide three quotes for all required improvements from Companies permitted to perform such work in North Carolina. Each quote shall not be older than six-months at the time of submittal. The average of all three quote shall be used to determine the amount for the guarantee. The quotes shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under G.S. 160D-804.1 includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed one hundred twenty-five percent (125%) of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

(Ord. of 4-8-25(1))

The Performance Guarantee shall be posted prior to any plat recordation.

(Ord. of 4-8-25(1))

The Performance Guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

(Ord. of 4-8-25(1))

No person shall have or may claim any rights under or to any Performance Guarantee provided pursuant to G.S. 160D-804.1 or in the proceeds of any such Performance Guarantee other than the following:

(1)

The Town of Emerald Isle to whom the Performance Guarantee is provided.

(2)

The developer at whose request or for whose benefit the performance guarantee is given.

(3)

The person or entity issuing or providing the performance guarantee at the request of or for the benefit of the developer.

(Ord. of 4-8-25(1))

The developer shall have the option to post one type of a performance guarantee as provided for in this section, in lieu of multiple bonds, letters of credit, or other equivalent security, for all development matters related to the same project requiring performance guarantees.

(Ord. of 4-8-25(1))

Performance Guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section.

(Ord. of 4-8-25(1))