Fayetteville City Zoning Code

*Editor’s note—Ord. No. S2012-017, § 9, adopted September 10, 2012, repealed Section E, in its entirety, which pertained to parkland. See also the Code Comparative Table.

Effective on: 11/18/2013

The purpose of this section is to establish procedures and standards for the subdivision of land within the City's jurisdiction. More specifically, this section is intended to:

1. Provide for the orderly growth and development of the City;
2. Foster the distribution of population and traffic in a manner that will avoid congestion and overcrowding;
3. Maintain conditions essential to the public's health, safety, and general welfare;
4. Facilitate adequate provision of public services; and
5. Facilitate the further re-subdivision of larger tracts into smaller parcels of land.

Effective on: 11/18/2013

1. General
   The standards in this section are the minimum standards applied to all subdivisions of land in the City.
2. Installation of Required Public Improvements
   Unless subject to a performance guarantee (see Section 30-6.C, Performance and Maintenance Guarantees), all required public improvements shall be installed prior to the approval of a Final Plat (see Section 30-2.C.6.e, Final Plat), in accordance with the standards in this Ordinance.
3. Notice to Military Bases
   Within five miles of the base, the City Manager shall provide written notice, by first class mail, to the Commander of Fort Bragg or his designated representative, of new major subdivision preliminary plats or an increase in the size of an approved subdivision by more than 50 percent of its land area.

(Ord. No. S2014-004, § 6b, 1-14-2014)

Effective on: 11/18/2013

Except as provided for through a performance guarantee (see Section 30-6.C, Performance and Maintenance Guarantees), the following requirements for improvements shall be fulfilled before a Final Plat shall be reviewed or approved in accordance with Section 30-2.C.6.e Final Plat.

1. Monuments
   Permanent monuments shall be installed at all points of intersection, points of curvature, and points of tangency of all outside boundary lines of the plat and along all street lines, including the intersection of boundary lines with street lines and at such other points and to such specifications as may be required by North Carolina General Statutes Section 47-30, as amended, in accordance with good engineering practice.
2. Streets and Alleys
   All streets and alleys in the subdivision shall be graded by the subdivider to the full width, cross section, and profile indicated in the City's specification manual and this Ordinance, in accordance with good engineering practice
3. Storm Sewers and Stormwater Management Features
   Storm sewers, drains, and structures shall be installed by the subdivider, and shall be of a size, type, and location to provide for the discharge of surface water into a natural watercourse, in accordance with the City's specification manual, this Ordinance, and good engineering practice.
4. Public Water and Sewer Facilities
   In any subdivision located within the City limits in which public water, sewer, or both are available or can be made available through an extension of 200 feet or less of the subdivision boundary, water mains and sanitary sewers shall be extended by the subdivider to provide service to each lot in the subdivision. Public water and sewer lines shall be of a material, location, and installation technique specified in the City's specification manual, this Ordinance, and in accordance with good engineering practice, before the Final Plat shall be eligible for approval.
5. Sidewalks
   1. General Standards
      1. Sidewalks shall be installed within in any subdivision located in the City's planning jurisdiction, and shall be constructed of concrete or other approved surface in accordance with the standards for sidewalks in Section 30-5.F.9, Sidewalks. All sidewalks shall be installed in accordance with the City's specification manual, this Ordinance, and good engineering practice.
      2. When paved sidewalks are installed adjacent to parking areas, the sidewalks shall accommodate a vehicular bumper overhang and continue to be functional. All sidewalk construction shall conform with standards specified by the City in order to meet the American Disabilities Act (ADA) standards.
      3. Sidewalks outside the Downtown 1 (DT-1) district shall be at least five feet in width. Sidewalks within the DT district shall be at least eight feet in width, or wider depending upon sidewalk widths on adjacent lands.
      4. The developer shall be responsible for the entire cost of sidewalks within the development. Payment in-lieu of sidewalk construction may be considered by the City Manager in accordance with Section 30-6.A.3, Payment in-lieu of Sidewalks.
   2. Payment In-Lieu of Sidewalks
      1. General
         The payment of fees, in-lieu of installing a required public sidewalk, may occur at the request of the developer with approval of the City Manager, upon finding that one or more of the conditions listed in 30-5.F.9(c) exist and agreement that there are no on-site alternatives.
      2. Procedure for Approval
         1. The payment of such fees in-lieu shall be reviewed and approved as part of the Site Plan (Section 30-2.C.5) or Final Plat (Section 30-2.C.6.e), as appropriate. Any applicant proposing to make such payment shall attach a letter to the City Manager requesting the payment of fees in-lieu of installing the sidewalk. Upon receipt of the application, the City Manager shall review the request.
         2. Appeals of the decision of the City Manager or the Technical Review Committee on the provision of sidewalks shall be decided by the City Council in accordance with Section 30-2.C.18, Appeal.
      3. Time of Payment
         The fees in-lieu of sidewalks shall be paid prior to recording the Final Plat, and if no Final Plat is required, prior to the issuance of a Building Permit (see Section [@@9372]).
      4. Amount of Payment
         Where the payment of fees to the City is to be made in-lieu of installing a sidewalk as permitted by this subsection, the City Manager shall verify the cost estimate for installing the sidewalk in accordance with the adopted fee schedule, as amended.
      5. Disagreements as to Amount
         In the case of disagreement between the City and the applicant regarding the cost for installing the sidewalk, the City Council shall make the final determination of the acceptable in-lieu fee.
      6. Use of Funds
         Fees received in accordance with this subsection shall be used only for the development of new sidewalks and multi-use paths.
6. Certificates Required
   1. The following certificate shall appear on the Plat over a blank line provided for the signature of the City Manager: 
      
      "All open space set-asides, planted islands within vehicular use areas, planted medians, or other required landscaping areas shall be maintained in perpetuity by the subdivider or other applicable owner's association."
   2. In addition to the certificate in (1) above, one of the two following certificates shall also appear on the Plat over a blank line provided for the signature of the City Manager:
      1. If the required improvements are completed prior to the submission of the Final Plat, the following certificate shall appear on the Plat:
         
         "To whom it may concern, I hereby certify that on this the day of _________, 20__, all streets and alleys shown on this plat, in accordance with the approved plans dated _______, have been constructed and storm water facilities have been installed by the subdivider in a manner approved by the City Manager."
      2. If the required improvements are not completed prior to the submission of the Final Plat, the following certificate shall appear on the Plat:
         
         "To whom it may concern, I hereby certify that a performance guarantee of a satisfactory amount has been posted with the City of Fayetteville by the subdivider, guaranteeing that the streets in this subdivision will be constructed within __________ days from this date, the day of __________, 20___, by who is (are) the owner(s), to the full width and to the grade and cross section designated by the City Manager; and the subdivider will install the necessary storm water facilities in accordance with plans approved by the City Manager within __________ days from this same date."
7. Central Mailboxes (when required by USPS)
   In April 2012 the USPS revised its regulations for home mail delivery to require central delivery mailboxes for new subdivisions.  The local postal manager will review site and subdivision plans in relation to proposed locations for centralized mailboxes.  When central mailboxes are required by the USPS, see Section 30-6.A.4 Subdivision Design Standards for the minimum standards in order to achieve the safe, logical placement and arrangement of central mail delivery.

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2012-001, § 10, 1-23-2012; Ord. No. S2014-007 § 3, 2-10-2014; Ord. No. S2014-020, § 5a, 11-24-2014; Ord. No. S2022-010, § 1, 05/23/2022)

Effective on: 11/24/2014

Subdivisions shall be developed in accordance with the City's Standard Specification Manual and the following standards.

1. a.
   Public Streets and Alleys
   Proposed streets shall comply with the standards in Section 30-5.F, Community Form Standards, and the following:

   1. 1.
      Street Right-of-Way Width

      1. a.
         Where new streets extend existing adjoining streets, their projections shall be at the same or greater width, but in no case less than the minimum required width shown in Table 30-6.A.4, Street Right-of-Way Widths. Proposed streets shall conform to the Master Thoroughfare Plan and the Feeder Street System Plan as adopted by the City Council, as well as the internal and external connectivity requirements in Section 30-5.F, Community Form Standards. Nothing in this section shall require the actual paved street cart way width to extend to the limits of the right-of-way width.

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   1.   
      2. b.
         Right-of-way widths in excess of minimums provided for above may be required where an existing or proposed street is a part of or, a connection to, the established State system of primary or secondary roads, or the City's Master Thoroughfare Plan, the City's Feeder Street System Plan, or any proposed extension of such systems.

1.   
   2. 2.
      Street Intersections

      1. a.
         Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 45 degrees. Curb radii at street intersections shall not be less than 35 feet and where the angle of street intersection is less than 75 degrees, a greater curb radius may be required by the City Manager in accordance with good engineering practice.
      2. b.
         Outside the DT-1 district, the centerline of no more than two streets shall intersect at any one point.
      3. c.
         Where unavoidable or employed as traffic calming devices, street jogs at an intersection shall maintain a centerline offsite of at least 125 feet (see Figure 30-6.A.4.a, Street Intersections).

Figure 30-6.A.4.a.2:  Street Intersections

Streets should line up at street intersection to maximum pedestrian and vehicular safety.

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   1.   
      3. c.
         Streets with more than four through lanes shall incorporate pedestrian sanctuaries in the median at all four-way street intersections.
      4. d.
         Lot lines at street intersections shall be rounded with a minimum radius of 20 feet. A larger radius may be required in cases where streets intersect at less than 90 degree angles.

1.   
   3. 3.
      Cul-de-Sac Streets and Street Stubs
      Cul-de-sac streets shall not be more than 800 feet in length and shall have at the closed end a paved turnaround with a minimum radius of 37 feet for single-family residential and 45 feet for multi-family residential or commercial. Street Stubs longer than 150 linear feet shall include a paved hammerhead turnaround or cul-de-sac that meets the City's minimum standards and shall be located within the dedicated right-of-way or easement. (See Section 30-5.F.4(d))
   4. 4.
      Street Names
      Proposed streets obviously in alignment with existing and named streets shall bear the name of such existing streets. In no case shall the name for the proposed streets duplicate existing street names. New development shall comply with the Cumberland County addressing standards.
   5. 5.
      Signage

      1. a.
         Any traffic control devices may differ in material, but not in size, shape, color, or any other way from the requirements of uniform devices in the Manual of Uniform Traffic Control Devices as defined in North Carolina General Statutes Section 136-30(d).
      2. b.
         All signage installation must be completed or approved by the City of Fayetteville Sign Shop.
      3. c.
         All required street signage shall be installed prior to issuance of a Final Plat.

2. b.
   Blocks
   Blocks shall be configured in accordance with Section 30-5.F.5, Block Design.
3. c.
   Lots and Lot Frontage

   1. 1.
      General
      Insofar as practical, side lot lines shall be at right angles to straight street lines or radial to curved street lines. Each lot shall front on a public or private street or highway. Double frontage of lots from right-of-way to right-of-way shall be permitted only under unusual circumstances. Rear access on double frontage lots shall be for non-routine purposes only. In cases where the subdivision consists of parcels larger than ordinary building lots, such parcels shall be so arranged as to allow the opening of future streets and logical further subdivision.
   2. 2.
      Access Requirements for Residential Streets and Lots

      1. a.
         General
         Except as set forth in subsections 30-6.A.4(c)(2)c, d and e below, all residential lots must abut a public street or a private street built to public street standards. Residential lots shall meet the minimum lot width requirements of the applicable zoning district where they abut a public or private street, except for lots on a cul-de-sac or flag lots or within and meeting all standards of a zero lot line development.
      2. b.
         Lots on a cul-de-sac
         A lot on a cul-de-sac shall be a minimum of 25 feet at the front property line, and shall be 80 percent of the required lot width at the front setback line.
      3. c.
         Flag lots
         A lot that abuts a public or private street with a narrow street frontage (flag lot), may be approved by the City Manager if it meets the following requirements:

         1. 1.
            A flag lot shall serve only one single-family dwelling and its accessory buildings.
         2. 2.
            Minimum width of the flagpole portion of the lot shall be 20 feet.
         3. 3.
            The flagpole portion of the lot shall not be used to calculate compliance with minimum lot area, width, and/or depth or to provide off-street parking.
         4. 4.
            Use of a single driveway to serve a flag lot and an adjoining lot is permitted and encouraged.
         5. 5.
            The maximum length for the flagpole portion of the lot shall be 250 feet and the flag portion shall be within 500 feet of a fire hydrant measured by driving distance.
         6. 6.
            No more than one lot in a subdivision of less than 20 lots shall be a flag lot. No more five percent of the total lots shall be flag lots in a subdivision of 20 or more lots, up to a maximum of ten lots.
      4. d.
         Small residential subdivisions existing prior to August 1984

         1. 1.
            Applicability: Where there is an existing division of residential land to be used for single-family dwelling units (and permitted accessory structures) and not served by a public or private street, the following access process may be used to support development of the divided properties. This provision applies only to lawfully divided subdivisions existing before August 1984.
         2. 2.
            Dedicated Right-of-way standards: Where alternative access is proposed, the following standards shall apply to said access:

            1. A.
               A minimum, 20-foot wide easement or right-of-way shall be provided. Said easement or right-of-way must intersect at one of its ends with an existing public or private street built to public street standards.
            2. B.
               The easement or right-of-way area must have a minimum 16-foot wide paved surface, with a six-inch CABC stone base and one and one-half inch overlay of asphalt, or other durable surface acceptable to the city manager.
            3. C.
               A road maintenance agreement acceptable to the City of Fayetteville which identifies the responsibilities for the maintenance of the access road and clearly states that the City of Fayetteville is not responsible for maintenance of the road shall be prepared and recorded in the Office of the Register of Deeds of Cumberland County. In addition, a notation must appear on the recording instrument stating that the easement or right-of-way is to provide permanent egress, ingress and utility access for all lots served by the right-of-way or easement.
            4. D.
               If the road length exceeds 150 feet, a paved turnaround may be required meeting all engineering and fire department codes.
            5. E.
               The curb cut for the access road shall meet all applicable City of Fayetteville driveway standards.
      5. e.
         Alternative access for new small subdivisions (created after July 2014)

         1. 1.
            Purpose: This section is intended to provide opportunity for smaller, more sustainable access drives in keeping with the scale of the subdivision when other conditions have been met, including the approval by the Fire Department regarding the ability to provide adequate access.  
         2. 2.
            Applicability:  This option shall apply to a subdivision into no more than five lots with no more than one single-family dwelling unit (and permitted accessory structures) per lot.  Alternative access under this section may not be used for more than one subdivision out of a single tract or parcel.  Alternative access subdivisions shall connect to a public or private street.  New subdivisions may require approval through the Neighborhood Compatibility process (see Section 30-2.C.21 Neighborhood Compatibility Permit). 
         3. 3.
            Approval standards for alternative access for new small single family subdivisions:  Although alternative drives and surfacing (a narrower width, with permeable surfacing, for instance) are desirable as more in scale with a small subdivision and more sustainable over time, the following approvals and development standards must be met to address public safety and compatibility with the existing area:

            1. a.
               Street Standards:  Any proposed access drive that does not meet the minimum public or private street standards shall be constructed in accordance with a design approved by both the Fire and Engineering and Infrastructure Departments.
            2. b.
               Compatibility Standards: In order to achieve greater compatibility with surrounding development, single-family homes and accessory structures erected in alternative access subdivisions shall comply with the following standards unless modified through the Neighborhood Compatibility process (see Section 30-2.C.21 Neighborhood Compatibility Permit). For the purpose of this subsection, "general vicinity" shall be construed as within the same block or within a radius of 500 feet as measured from the property lines of the alternative access subdivision if the property is not contained within what would be considered a standard city block.

               1. A.
                  The rear or side of any single-family home or accessory structure within 35 feet of an adjoining street right-of-way shall not face the street right-of-way.
               2. B.
                  Exterior siding materials for single-family homes and accessory structures shall be similar to the siding on other residential structures in the general vicinity; approved materials included clapboard (wood, vinyl, or fiber-cement), stucco, stone, or brick or a combination thereof.
               3. C.
                  The height of single-family homes and accessory structures shall be no more than four feet taller than the height of the tallest single-family residential structure located in the general vicinity.
               4. D.
                  The roof design, pitch, and materials proposed for single-family homes and accessory structures shall be similar to the roof design, pitch, and materials of residential structures located in the general vicinity.
               5. E.
                  A front porch shall be provided on the single-family homes if a majority of the residential structures in the general vicinity have front porches; this porch shall contain a minimum floor area of 80 square feet and shall have a minimum dimension of eight feet along any one side.
               6. F.
                  Window and door placement and styles shall be similar to that of the residential structures in the general vicinity.
               7. G.
                  The floor area of single-family homes shall not be more than 150 percent larger or 25 percent smaller than the average floor area of single-family residential structures located in the general vicinity.
   3. 3.
      Access Requirements for Non-Residential Lots
      Except as set forth below, lots used for non-residential purposes must abut a public street or a private street built to public street standards. Lots or parcels used for non-residential purposes are not required to abut a public street or a private street built to public street standards if all of the following requirements are met:

      1. a.
         The access road shall be located within a recorded easement or right-of-way.
      2. b.
         The access road and other circulation elements including sidewalks and loading access shall be constructed to the standards established by the City of Fayetteville through the site plan review process taking into account projected vehicular and pedestrian traffic characteristics and volumes for the non-residential development being served by the access road.
      3. c.
         A road maintenance agreement acceptable to the City of Fayetteville which identifies the responsibilities for the maintenance of the access road and clearly states that the City of Fayetteville is not responsible for maintenance of the road shall be prepared and recorded in the Office of the Register of Deeds of Cumberland County. In addition, a notation must appear on the recording instrument stating that the easement or right-of-way is to provide permanent egress, ingress and utility access for all lots served by the right-of-way.
4. d.
   Utility Easements
   To provide for public service poles, wires or conduits, storm or sanitary sewers, gas, water or heat mains or other utility lines, an easement not less than 20 feet wide, ten feet on either side of center line shall be allowed along the rear of lots and in other locations where necessary in all residential subdivisions and in business and industrial subdivisions where deemed necessary by the City Manager.
5. e.
   Underground Utility Lines
   All new development shall place all utility lines underground where practical except for voltage lines 25 kV or greater.
6. f.
   Sight Distance Triangles
   All development shall comply with the sight triangle visibility standards in Section 30-5.F.4.c, Sight Distance Triangles.
7. g.
   Sanitation Service Standards
   Zero lot line developments that include attached residential, patio home, and condominium dwelling units, each of which has a separate ground level entrance, shall provide each such dwelling unit a rollout container for sanitation collection service.
8. h.
   Requirements for Unit Ownership and Condominium Development
   Before a declaration establishing a unit ownership or condominium development shall be recorded in the office of the Cumberland County Register of Deeds as prescribed in the North Carolina Unit Ownership Act, (N.C.G.S. 47A-1 et seq.), or the North Carolina Condominium Act (N.C.G.S. 47C-1 et seq.), the declaration and plan shall be submitted to the City Manager, who shall forward it to the City Attorney for review prior to Final Plat approval. Such declaration and plan shall conform to applicable subdivision requirements as set forth in this article and other requirements as set forth in this Ordinance. No Building Permit or Certificate of Occupancy shall be granted until the declaration and plan has been approved by the City Manager and recorded in the office of the Cumberland County Register of Deeds.
9. i.
   Zero Lot Line Development

   1. 1.
      Purpose and Intent
      The purpose of this section is to provide standards for zero lot line development in addition to the standards in Article 30-3: Zoning Districts.
   2. 2.
      Procedure
      Zero lot line developments shall be approved in accordance with Section 30-2.C.5.d, Major Site Plan Procedure. In cases where a zero lot line development involves a subdivision of land, it shall also require approval of a Subdivision Plan and a Final Plat in accordance with Section 30-2.C.6, Subdivisions, and Article 30-6: Subdivisions.
   3. 3.
      Zero Lot Line Development Standards
      Zero lot line developments shall comply with the district-specific dimensional standards specified in Section 30-3.B.2, Zero Lot Line Development, and all applicable use, development, and design standards in Article 30-4: Use Standards, and Article 30-5: Development Standards. If a zero lot line development involves a subdivision of land, it shall also comply with the subdivision standards in Section 30-6.A, Subdivision Standards. In addition, zero lot line development that includes a subdivision of land shall comply with the standards of 30-6.B Common Area Standards.
10. j.
    Central Mailboxes (when required by USPS)
    When central mail delivery is required by the USPS, the central mailboxes may be allowed along both public and private streets and shall adhere to the following design standards:
11. 1. 1.
       Construction: Materials and specifications of the installation of the central kiosk and concrete pads shall be in accordance with the USPS requirements and their approved manufacturer list.  The kiosk may be obtained from the USPS.
    2. 2.
       Access:  The location of the mail kiosk shall be located outside the public right-of-way and located in a centralized common area of the development.  Sufficient off-street parking and stacking shall be provided to serve the location.  The City will work with the developer and the USPS to determine suitable and safe locations.  ADA design standards shall also apply.
    3. 3.
       Sidewalks with handicapped ramps shall be located on the same side of the street as the mail kiosk.
    4. 4.
       Access:  Access to the mailbox by the residents shall be from the sidewalk side of the kiosk and not the street side.
    5. 5.
       Location:  All central mailboxes shall be erected:

       1. a.
          No closer than 100 feet measured from the curb line of the intersecting streets.
       2. b.
          In an area that shall not obstruct the view of street signs, signals, site distances along roadways or at intersecting streets or driveways.
       3. c.
          No closer than 10 feet away from a residential driveway.
       4. d.
          In common areas or near property lines rather than directly in front of a residence.
       5. e.
          Outside of public utility easements, drainage easements, and at least 10 feet away from water meters and cleanouts.
    6. 6.
       Maintenance: The City does not have any responsibility for maintenance of the mail kiosk.  The responsibility shall be that of the homeowner and/or Owner’s Association in accordance with USPS policy.
    7. 7.
       Common Area:  The mail kiosk shall be considered common area.  The owner’s association legal documents shall indict the mail kiosk as common area and shall indicate who is responsible for maintenance of such.
    8. 8.
       Signage: Signage affixed to the mail kiosk shall be prohibited.

(Ord. No. S2011-013, §§ 1.8, 3.1—3.3, 12.1, 12.3, 11-28-2011; Ord. No. S2012-006, § 2, 4-23-2012; Ord. No. S2012-019, § 1, 9-10-2012; Ord. No. S2012-25, § 16, 11-13-2012; Ord. No. S2014-013, §1; Ord. No. S2014-020, § 5b, 11-24-2014; Ord. No. S2022-010, § 2, 05/23/2022; Ord. No. S2026-027, § 1, 06/22/2026)

Effective on: 6/22/2026

Each building site shall abut and have direct access to a public street, or private drive that is maintained by a property owners' association.

(Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

A property owners association, shall be required where development with three or more dwelling units is proposed or when land is to be held in common, in accordance with Section 30-6.B.3.d, Covenants and Restrictions.

(Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

All areas on the site other than building sites and public right-of-way shall be designated as a single parcel of common area, regardless of the proximity of each common area to one or all of the other common areas. Fee simple title to the common areas shall be conveyed by the developer to the property owners association and preserved to the perpetual benefit of the property owners association, which shall be so stated in the covenants and restrictions and noted on the Final Plat. The property owners association shall not subdivide or convey the common areas.

(Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

1. The developer shall file a declaration of covenants and restrictions that will govern the zero lot line development. The declaration shall include, but not be limited to, requirements for easements, party walls, reconstruction, maintenance, the property owners association, common areas, and building sites, as appropriate.
2. The declaration shall be approved by the City Attorney prior to being recorded and prior to approval of a Final Plat. The restrictions shall contain, but not be limited to, the following requirements:
   1. The property owners association shall be organized and in legal existence prior to the sale of any building site in the development.
   2. Membership in the property owners association shall be mandatory for each original purchaser and each successive purchaser of a building site.
   3. The property owners association shall be responsible for the provision of liability insurance, payment of any taxes, maintenance of recreation and other facilities located on the common areas, and payment of assessments for public and private capital improvements made to or for the benefit of the common areas located within the development. If the property owners association defaults in the payment of any ad valorem taxes levied against the common areas or assessments for public improvements to the common areas, and the default continues for a period of six months, each owner of a building site in the development shall become personally obligated to pay to the tax assessing governmental authority a portion of such taxes or assessments in an amount determined by dividing the total taxes and/or assessments due by the total number of building sites in the development. If an owner of a building site fails to pay this amount within 30 days after receiving notice of the amount due, then such amount shall become a continuing lien on the building site of the owner and the owner's heirs, devisees, personal representatives, and assigns, and the taxing or assessing governmental authority may either bring an action at law against the owner personally obligated to pay such amount or may elect to foreclose the lien against the property of the owner.
   4. The property owners association shall be empowered to levy assessments against the owners of building sites within the development for the payment of expenditures made by the property owners association for liability insurance, taxes, maintenance of recreation and other facilities located on the common areas, and payment of assessments for public and private capital improvements made to or for the benefit of the common areas located within the development. Any such assessments not paid by an owner of a building site shall constitute a lien on the building site of the owner.
   5. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas and for parking areas shall be granted to each owner of a building site.
   6. All common walls between buildings shall be party walls, and provisions for the maintenance of the party walls, and their restoration in the event of destruction or damage, shall be established.

(Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

The developer shall submit, along with the Final Plat, documents showing proof that all easements or property rights may be transferred and clear title provided to the individual building site owner(s) in the case of condominium projects, or to the property owners association in the case of common area assets.

(Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

A Final Plat prepared in accordance with Section 30-2.C.6.e, Final Plat, shall include the following additional items:

1. Numbering of all building sites, bearings and distances for their boundaries, and any building(s) erected on each.
2. Labeling of all common areas as such, with an indication of the facilities located on each.
3. Any notes as required under this section, including any required maintenance easements.

(Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

A condominium development shall comply with the following sections of the North Carolina Unit Ownership Act, N.C.G.S. 47A-1 et seq., as if the development has been submitted to the provisions of that act:

1. G.S. 47A-7, Common areas and facilities not subject to partition or division;
2. G.S. 47A-8, Use of common areas and facilities;
3. G.S. 47A-9, Maintenance, repair, and improvements to common area and facilities; access to units for repairs;
4. G.S. 47A-10, Compliance with bylaws, regulations, and covenants, damages; injunctions;
5. G.S. 47A-11, Unit owners not to jeopardize safety of property or impair easements;
6. G.S. 47A-18, Bylaws; annexed to declaration; amendments;
7. G.S. 47A-19, Bylaws; contents;
8. G.S. 47A-20, Records of receipts and expenditures; availability for examinations; annual audit;
9. G.S. 47A-23, Liability of grantor and grantee of unit for unpaid common expenses; and
10. G.S. 47A-24, Insurance of property; right to insure units.

(Ord. No. S2011-013, § 1.8, 11-28-2011; Ord. No. S2011-013, §§ 3.1—3.3, 11-28-2011)

Effective on: 11/18/2013

1. General
   A performance guarantee in accordance with the standards in this section shall be required in the following circumstances:
   1. To ensure the completion of public infrastructure improvements that are required as part of an approved Subdivision Plan (e.g., streets, sidewalks, stormwater management facilities,), but are not approved by the City Manager as complete before application for approval of a final plat (Section 30-2.C.6.d.4);
   2. To ensure completion of public infrastructure improvements that are required as part of an approved Site Plan (e.g., streets, sidewalks, stormwater management facilities, potable water facilities, wastewater facilities, street lights), but are not installed before application for a Certificate of Occupancy (see Section 30-2.C.13);
   3. To ensure completion of private site improvements (other than landscaping) that are required as part of an approved Site Plan (e.g., sidewalks, exterior lighting), but are not installed before application for a Certificate of Occupancy (see Section 30-2.C.13), provided the City Manager determines that the property may be safely occupied and used in spite of the delayed installation of the improvements; and
   4. To ensure completion of landscaping that is required in accordance with Section 30-5.B.1, Landscaping and Tree Protection Standards, but is not installed before issuance of a Certificate of Occupancy (in conjunction with the grant of an extension to the time limit for installation of required landscaping (see Section 30-5.B.1.i.1, Time for Installation of Required Landscaping)).
2. Utilities and Street Lights
   Public utilities, including potable water, sanitary sewer, and street lights may not be subject to a performance guarantee in accordance with this ordinance. The PWC or other relevant utility service provider shall administer performance guarantees for their respective utilities.
3. Term of Performance Guarantees
   The term of a performance guarantee shall comply with the duration standards set forth in North Carolina Gen. Stats. 160D-804.1(1a)--(1b). The term shall reflect any time limit for completing installation of required improvements that is included in approval of the Final Plat, Building Permit, or Certificate of Occupancy, as appropriate, but in any case, the term shall not exceed two years. The City Manager, in consultation with the Engineering and Infrastructure Department, may, for good cause shown and with approval of the provider of the guarantee, grant up to two extensions of the term, with each extension not exceeding one year. 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.
4. Form of Performance Guarantee
   1. Where required, the owner or developer shall furnish a performance guarantee in any of the following acceptable forms:
      1. Cash deposit with the City;
      2. Certified check from a North Carolina lender based upon a cash deposit, in a form acceptable to the City Attorney;
      3. Irrevocable letter of credit from a North Carolina banking institution in a form acceptable to the City Attorney; or
      4. Surety bond from a North Carolina surety bonding company in a form acceptable to the City Attorney.
   2. The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the term of the performance guarantee. Performance guarantees shall provide that in case of the owner's or developer's failure to complete the guaranteed improvements, the City shall be able to immediately obtain the funds necessary to complete installation of the improvements.
   3. No dwelling unit shall receive a Certificate of Occupancy (see Section 30-2.C.13) without the required sidewalk in place for the subject property. Homebuilders shall be notified of this requirement upon receiving a Driveway Permit. Home purchasers shall be notified of this requirement by the developer placing appropriate language in the subject property deed.
5. Amount of Performance Guarantee
   1. Performance guarantees for required improvements shall be in an amount equal to at least 75 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management.
   2. Estimated costs for completing installation of required public infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer, and are subject to approval by the City Manager. Estimated costs for completing installation of required landscaping shall be itemized and certified by the owner's or developer's contractor, and are subject to approval by the City Manager.
   3. If the guarantee is renewed, the City Manager may require the amount of the performance guarantee be updated to reflect cost increases over time.
6. Release or Reduction of Performance Guarantees
   1. Requirements for Release or Reduction
      The City Manager shall release or reduce a performance guarantee only after:
      1. The owner or developer has submitted to the City Manager a written request for a release or reduction of the performance guarantee that includes certification by the owner's or developer's engineer or landscape architect, whichever is appropriate, that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications;
      2. City staff has performed an inspection of the improvements and certified in writing that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications;
      3. The owner or developer has reimbursed the City for all costs associated with conducting any inspection that finds the guaranteed improvements have not been installed in accordance with approved plans and specifications;
      4. The owner or developer has provided the City Manager assurances that liens against guaranteed public infrastructure improvements will not be filed after their acceptance by the City (e.g., through affidavits, releases, or waivers of liens from all contractors and subcontractors);
      5. The owner or developer has provided the City Manager any required maintenance guarantee for the same public infrastructure improvements (Section 30-6.C.2); and
      6. No release or reduction in performance guarantee amounts will be considered until more than 25 percent of the work is in place and approved.
   2. Limits on Reductions
      No performance guarantee for public infrastructure improvements (including street trees planted within a public ROW) shall be reduced to less than 50 percent of the full amount of the performance guarantee until all guaranteed public infrastructure improvements have been completed by the owner or developer. No performance guarantee for required landscaping shall be reduced to less than 75 percent of the full amount of the performance guarantee until all guaranteed private site improvements have been completed by the owner or developer.
   3. Acceptance Shall be Documented
      The City shall provide written notice of the City's final acceptance of the public infrastructure improvements.
7. Default and Forfeiture of Performance Guarantee
   1. Notice of Failure to Install or Complete Improvements
      If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the City Manager shall give the owner or developer 30 days' written notice of the default by certified mail.
   2. City Completion of Improvements
      After the 30-day notice period expires, the City may draw on the security and use the funds to perform work necessary to complete installation of the guaranteed improvements. After completing such work, the City shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused funds, without interest.

(Ord. No. S2011-013, § 13, 11-28-2011; Ord. No. S2012-025, §§ 12, 13, 11-13-2012; Ord. No. S2021-018, § 1, 05/10/2021)

Effective on: 11/18/2013

1. General
   A maintenance guarantee in accordance with the standards in this section is required in the following circumstances:
   1. To ensure against defects in workmanship or materials in providing public infrastructure improvements required as part of an approved Subdivision Plan (Section 30-2.C.6.d.4) or Site Plan (Section 30-2.C.5.g); and
   2. To ensure the survival and health of replacement trees required in accordance with Section 30-5.B, Landscaping and Tree Protection Standards, during an establishment period.
2. Public Utilities and Street Lights
   Public utilities, including potable water, sanitary sewer, stormwater facilities, and street lights may not be subject to a maintenance guarantee in accordance with this Ordinance. The PWC shall administer maintenance guarantees for public utilities.
3. Term of Maintenance Guarantees
   The term of a maintenance agreement for required public infrastructure improvements shall be one year from the date of acceptance. The term of a maintenance guarantee for required replacement trees shall be one year.
4. Form of Maintenance Guarantees
   1. Where required, the owner or developer shall furnish a maintenance guarantee for the provision of required landscaping in any of the following acceptable forms:
      1. Cash deposit with the City;
      2. Certified check from a North Carolina lender based upon a cash deposit, in a form acceptable to the City Attorney;
      3. Irrevocable letter of credit from a North Carolina banking institution in a form acceptable to the City Attorney; or
      4. Surety bond from a North Carolina surety bonding company in a form acceptable to the City Attorney.
   2. The maintenance guarantee shall be conditioned on the performance of all work necessary to maintain required public infrastructure improvements and replacement trees during the term of the maintenance guarantee, including work needed to replace dead, diseased, or significantly damaged trees. Maintenance guarantees shall provide that in case of the owner's or developer's failure to maintain and repair or replace replacement trees during the term of the maintenance guarantee, the City shall be able to immediately obtain the funds necessary to make necessary repairs or replacements.
5. Amount of Maintenance Guarantees
   1. Maintenance guarantees shall be in an amount up to ten percent of the full actual cost, including the costs of materials and labor, of installing the required public infrastructure improvements or replacement trees.
   2. Actual costs for installing required public infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer. Actual costs for installing required replacement trees shall be itemized and certified by the owner's or developer's contractor or arborist.
6. Release of Maintenance Guarantees
   The City Manager shall release a maintenance guarantee at the end of the term of the maintenance guarantee only after City staff has performed an inspection of the infrastructure or replacement trees and certified in writing that the guaranteed public infrastructure improvements have been maintained in accordance with approved plans and specifications or that the guaranteed replacement trees have been maintained in a healthy state or replaced with new replacement trees meeting required standards.
7. Default and Forfeiture of Guarantee
   1. Notice of Failure to Maintain Improvements or Replacement Trees
      If the owner or developer fails to maintain the guaranteed public infrastructure improvements or replacement trees during the term of the performance guarantee, the City Manager shall give the owner or developer 30 days written notice of the default by certified mail.
   2. City Correction of Defects or Replacement of Trees
      After the 30-day notice period expires, the City shall present a plan to cure any defects within 30 days, and following such plan presentation, draw on the security and use the funds to perform work necessary to ensure the public guaranteed infrastructure improvements comply with approved plans and specifications or to replace any replacement trees that are dead, diseased, or significantly damaged, as determined by the City Arborist. After completing such work, the City shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused funds, without interest.

Effective on: 11/18/2013

The purpose and intent of this section is to provide landowners in the Agricultural-Residential (AR) zoning district a development option that provides additional development flexibility to build on smaller lots when additional open space is provided, and the development is designed and located in a way that protects the natural and historic features on the site. This is done in order to:

1. Conserve Open Land
   Conserve open land, including those areas containing unique and sensitive natural features such as floodplains, wetlands, river and stream corridors, and steep slopes;
2. Retain and Protect Natural Resources
   Retain and protect existing environmental, natural, and cultural resources;
3. Link Open Spaces
   Create a linked network of open spaces;
4. Promote Rural Character
   Promote existing rural character within the Agricultural-Residential (AR) zoning district; and
5. Provide Reasonable Use of Property
   Provide reasonable economic use of the property.

Effective on: 11/18/2013

This conservation subdivision option may be used as a development option for single-family detached and manufactured home residential development on lands in the Agricultural-Residential (AR) zoning district.

Effective on: 11/18/2013

Development utilizing the conservation subdivision option shall be approved in accordance with the procedures and standards in Section 30-2.C.6, Subdivision Plan, after approval of a conservation and development plan in accordance with this section.

1. Conservation and Development Plan
   Prior to review of an application for a Subdivision Plan approval for a conservation subdivision option, an applicant shall have a conservation and development plan for the land reviewed and approved, or approved with conditions by the City Manager in accordance with this section and the standards of Section 30-6.D.4, Conservation Subdivision Standards, and Section 30-6.D.5, Delineation of Conservation Areas and Development Areas within the Conservation Subdivision.
2. Conservation and Development Plan Requirements
   1. Step 1—Site Analysis Map
      The applicant shall prepare a site analysis map that provides information about existing site conditions and context, and that comprehensively analyzes existing conditions both on the land proposed for the development site and on land within 500 feet of the site, and submit the site analysis map to the City Manager. It is the intent of this section that the information required to be presented in the site analysis map be produced primarily from existing and most-current sources, maps, and data.
   2. Step 2—Site Inspection
      After receipt of the site analysis map, the City Manager shall schedule a site inspection of the land with the applicant. The applicant or the applicant's representative shall attend the site inspection with the City Manager. The purpose of this site visit is to:
      1. Familiarize the City Manager and City staff with the existing site conditions and natural and historic features of the site;
      2. Identify potential site development issues; and
      3. Provide an opportunity to discuss site development concepts, including the general layout of conservation areas and potential locations for proposed structures, utilities, roads, and other development features. Comments made by the City Manager or other City staff during the site inspection shall be interpreted as being only suggestive. No official decision on the conservation and development plan shall be made during the site inspection.
   3. Step 3—Conservation and Development Areas Map
      Based on the site analysis map and the information obtained during the site inspection, the applicant shall prepare a conservation and development areas map that depicts proposed primary conservation areas, secondary conservation areas, and development areas, in accordance with Section 30-6.D.5, Delineation of Conservation Areas and Development Areas within the Conservation Subdivision.
   4. Step 4—Conservation and Development Plan
      Based on the site analysis map, the information obtained during the site inspection, and the conservation and development areas map, the applicant shall prepare and submit to the City Manager a conservation and development plan. The conservation and development plan shall include the following:
      1. A site analysis map;
      2. A conservation and development areas map,
      3. A preliminary site improvements plan, showing proposed site development, including minor utility information (as applicable), roads, other development features, and lot lines located in the proposed development area(s).
3. Review of Conservation and Development Plan
   The City Manager shall review and make a decision on the application in accordance with the procedures and requirements of Section 30-2.B.9, Review by Technical Review Committee or City Manager, the standards of Section 30-6.D.4, Conservation Subdivision Standards, and Section 30-6.D.5, Delineation of Conservation Areas and Development Areas within the Conservation Subdivision.
4. Review and Approval of Conservation Subdivision
   Following review and approval or approval with conditions of the conservation and development plan by the City Manager, the application for Subdivision Plan shall be submitted and approved, approved with conditions, or denied in accordance with Section 30-2.C.6, Subdivision Plan.

Effective on: 11/18/2013

A conservation subdivision shall:

1. Minimum Project Size
   Be at least eight acres in area;
2. Required Conservation Area
   Dedicate a minimum of 50 percent of the total acreage of the site as conservation area to be permanently maintained and protected;
3. Maximum Residential Density
   Not exceed the maximum gross residential density established in the dimensional standards table in Section 30-3.C.3, Agricultural-Residential (AR) District;
4. Lot Area
   Have no minimum individual lot size requirements;
5. Setbacks
   Not be subject to front yard, side yard, and rear yard setback standards except along the perimeter of the subdivision; and
6. Exempt from Other Development Standards
   Applicants for development utilizing the conservation subdivision option may request an exemption from the TRC for the following standards:
   1. Minimum off-street parking requirements (Table 30-5.A.B, Minimum Off-Street Parking Standards);
   2. Site and building landscaping (Section 30-5.B.4.b); and
   3. The community form standards in Section 30-5.F, Community Form Standards.

(Ord. No. S2012-017, § 7, 9-10-2012)

Effective on: 11/18/2013

The conservation areas and development areas on the conservation and development areas map and within the conservation subdivision shall comply with the following standards:

1. a.
   Primary Conservation Areas

   1. 1.
      Features to be Preserved
      The following features shall be located and delineated on the conservation and development areas map, and shall be preserved in the following priority order as primary conservation areas:

      1. a.
         The 100-year floodplain;
      2. b.
         Wetlands under the jurisdiction of the Army Corps. of Engineers or the State of North Carolina;
      3. c.
         Habitat utilized by endangered or threatened species;
      4. d.
         Non-jurisdictional wetlands not under the jurisdiction of the Army Corps. of Engineers or the State of North Carolina; and
      5. e.
         Steep slopes (slopes greater than 25 percent).
   2. 2.
      Amount to be Preserved
      All areas occupied by features comprising a primary conservation area shall be set aside and reserved for conservation purposes in accordance with the following standards:

      1. a.
         Primary Conservation Area is Less than 50 Percent of Site Area
         In cases where the geographic area occupied by all features comprising the primary conservation area is less than 50 percent of the total subdivision site area, then all lands comprising the primary conservation area shall be set aside.
      2. b.
         Primary Conservation Area Exceeds 50 Percent of Site Area

         1. 1.
            In the event the geographic area of all features identified and prioritized as the primary conservation area results in a primary conservation area exceeding the 50 percent set-aside requirement (for example, conservation of the first type of prioritized features constitute 47 percent of a site, and the next prioritized feature consists of five percent, the applicant may identify which portions of the feature exceeding the 50 percent set-aside will be designated for conversion to development area). To the maximum extent practicable, priority for retention shall be given to the highest quality portion of the features to be conserved.
         2. 2.
            Development on lands made available for conversion to development area shall be in accordance with the standards in this Ordinance.
      3. c.
         Allowable Uses
         Uses located within a primary conservation area shall be limited to:

         1. 1.
            Unpaved pedestrian trails and walkways;
         2. 2.
            Docks and other water-related features as allowed in this Ordinance;
         3. 3.
            Above ground and below ground public utilities and associated easements, provided no feasible alternative exists; and
         4. 4.
            Street and/or driveway crossings provided such crossings do not violate this Ordinance, or other state or federal laws.
2. b.
   Secondary Conservation Areas

   1. 1.
      Features to be Preserved
      In addition to primary conservation areas, the conservation and development areas map shall also identify secondary conservation areas, which shall be preserved in the following priority order:

      1. a.
         Historic, archeological, and cultural resources;
      2. b.
         Existing and mature woodland forests, natural fields, and meadows (especially those greater than five acres);
      3. c.
         Prime agricultural lands, including existing pastures (whether in use or otherwise);
      4. d.
         Scenic corridors and views;
      5. e.
         Areas with slopes between 15 and 25 percent; and
      6. f.
         Areas that could serve to extend existing greenways, trails, parks, or recreation areas.
   2. 2.
      Locations to be Preserved
      All areas occupied by features comprising a secondary conservation area shall be set aside and reserved as a part of the conservation area in accordance with the following standards:

      1. a.
         Primary Conservation Area Occupies More than 50 Percent of Site Area
         In the event that the geographic area set aside as the primary conservation area is 50 percent or more of the total subdivision site area, no additional lands occupied by secondary conservation features shall be required to be included in the conservation area.
      2. b.
         Primary Conservation Area Occupies Less than 50 Percent of Site Area

         Figure 30-6.D.5: Conservation Subdivison Configuration

         These two examples show how the primary conservation areas are configured.

         
         In the event the geographic area set aside as the primary conservation area is less than 50 percent of the total subdivision site area, then the geographic area containing secondary conservation features shall be set aside so as to connect and surround the primary resource areas, to the maximum extent practicable.
      3. c.
         Primary and Secondary Conservation Areas Do Not Equal 50 Percent of Site Area
         In the event the combined area occupied by the primary conservation area and geographic area occupied by all secondary resource conservation features does not equal the 50 percent set-aside requirement, then additional lands necessary to meet the 50 percent set-aside requirement for the conservation area shall be designated for set-aside. Such lands may be selected by the applicant in accordance with the standards in Section 30-5.C.3.b, Calculation of Open Space Set-Asides, and shall be designated for inclusion within the conservation area.
      4. d.
         Primary and Secondary Conservation Areas Exceed 50 Percent of Site Area
         In the event the area occupied by the primary conservation area and the geographic area of all features identified and prioritized as the secondary conservation area results in a combined conservation area exceeding the 50 percent set-aside requirement, the applicant may identify which portions of the secondary conservation feature(s) will be designated for conversion to development area. To the maximum extent practicable, priority for retention shall be given to the highest quality portion of the feature(s) to be conserved. In no instance shall any portion of the primary conservation area be designated for conversion to development area.
   3. 3.
      Allowable Uses
      Uses located within a secondary conservation area shall be limited to:

      1. a.
         All uses allowed in a primary conservation area;
      2. b.
         All uses allowed in open space set-asides (see Section 30-5.C.3.e, Allowable Uses in Open Space Set-Asides);
      3. c.
         Uses allowed in the Agricultural Use Classification in Table 30-4.A, Use Table;
      4. d.
         Individual or community water supply and septic systems;
      5. e.
         Stormwater management systems, where no feasible alternative exists;
      6. f.
         Required drainage or other utility easements; or
      7. g.
         Mitigation of development activities, including restoration of disturbed or degraded areas to enhance habitat and scenic value.
3. c.
   Ownership
   The conservation area shall be considered as an open space dedication, and it shall comply with the ownership requirements in Section 30-5.C.5.a, Ownership Options.
4. d.
   Development Areas
   After identifying the primary and secondary conservation areas, the development area shall be identified. It is the area within which development may occur, and shall include the area within the site where:

   1. 1.
      Any clearing or grading activities will take place;
   2. 2.
      Ingress and egress will be located;
   3. 3.
      Individual or community wells and septic systems may be located (if not located within the secondary conservation area);
   4. 4.
      Streets, utilities, and other similar structures will be located; and
   5. 5.
      Uses allowed in the AR district may be located.

(Ord. No. S2012-017, § 8, 9-10-2012; Ord. No. S2013-015, § 6.0, 7-22-2013)

Effective on: 11/18/2013