Per G.S. 160D-801, Foxfire Village has authority to regulate the subdivision of land within the corporate limits of the village and the extra-territorial planning and zoning jurisdiction of the village. The purpose of this article is to establish procedures and standards for the subdivision of land within the territorial jurisdiction of the village. The regulations herein are designed to provide for the orderly growth and development of the village, for the coordination of transportation and utilities within a proposed subdivision with existing and planned streets and highways and other public facilities, for the distribution of population and traffic in a manner to avoid congestion and overcrowding, to conserve existing topography, vegetation, stream beds (both wet and dry), and to create conditions that substantially promote health, safety, and the general welfare.

(Ord. No. 2021-07, § 2, 7-13-2021)

The regulations herein concerning subdivisions of property shall be applicable to all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations authorized by this article:

(1)

The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the local government as shown in its subdivision regulations.

(2)

The division of land into parcels greater than ten 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 or for public transportation system corridors.

(4)

The division of a tract in single ownership whose entire area is no greater than ten acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of village subdivision regulations.

(5)

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29 [G.S. 160D-802(a)].

(6)

The division of a track into parcels for Family or Limited Subdivisions as described in section 21-7-8.3.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 1, 2-13-2024)

Only a plat for recordation is required 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 subsection (2) of section 21-7-1.2 above.

(2)

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

(3)

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

(4)

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

(5)

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

a.

All lot dimension size requirements of this UDO.

b.

The use of the lots is in conformity with the requirements of this UDO.

c.

A permanent means of ingress and egress is recorded for each lot. [G.S. 160D-802(c)]

(Ord. No. 2021-07, § 2, 7-13-2021)

Per G.S. 160D-804, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this UDO whenever any subdivision of land takes place. Final plats shall show sufficient data to allow one to readily determine and accurately reproduce on the ground, the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformance with good surveying practice. No subdivision within the village's planning and development jurisdiction shall be filed or recorded until it shall be submitted, approved, and certified by the zoning administrator. The county review officer, per G.S. 47-30.2, shall not certify a subdivision plat that has not been approved in accordance with this UDO nor shall the clerk of superior court order or direct the recording of a plat if in conflict with this section. Additionally, the owner of the land shown on a subdivision plat or authorized agent shall sign the final plat. No permit shall be issued, and no lighting, water, or sewer shall be extended to or connected with any subdivision unless and until the requirements of this Article have been met and the final plat approved. A subdivision regulation shall provide that the following agencies be given an opportunity to make recommendations concerning an individual subdivision plat before the plat is approved:

(1)

The district highway engineer as to proposed state streets, state highways, and related drainage systems.

(2)

The county health director or local public utility, as appropriate, as to proposed water or sewerage systems.

(3)

Department of environment and natural resources, land quality section, as to erosion control requirements.

(4)

Moore County Board of Education as to school sites.

(5)

Foxfire Village Chief of Police, West End Fire and Rescue Fire Chief, and Foxfire Village Water Department.

All proposed subdivisions must comply in all respects with the requirements of the zoning regulations of this UDO, including watershed and landscape requirements. Sketch plans, preliminary plats, and final plats for subdivisions shall contain the information set forth in the checklist for sketch plans, preliminary plats, and final plats contained within the appendix to this article.

(Ord. No. 2021-07, § 2, 7-13-2021)

The approval of a plat shall not be deemed to constitute the acceptance by the village or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the village council may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its planning and development regulation jurisdiction and a final plat has been approved. Acceptance of dedication of lands or facilities located within the planning and development regulation jurisdiction but outside the corporate limits of the village shall not place on Foxfire Village any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and the village shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any street located outside its corporate limits. Unless Foxfire Village shall have agreed to begin operation and maintenance of the water system or water system facilities within one year of the time of issuance of a certificate of occupancy for the first unit of housing in the subdivision, the village shall not, as part of its subdivision regulation applied to facilities or land outside the corporate limits of a city, require dedication of water systems or facilities as a condition for subdivision approval. [G.S. 160D-806]

(Ord. No. 2021-07, § 2, 7-13-2021)

In order to assure compliance with the requirements of these subdivision regulations the village may impose performance guarantees to assure the successful completion of required improvements as a condition of approval. [G.S. 160D-804.1] The type of performance guarantee shall be at the election of the applicant/developer, and means any of the following: (a) a surety bond issued by a company authorized to do business in North Carolina; (b) a letter of credit issued by any financial institution authorized to do business in North Carolina, or (c) another form of guarantee that provides equivalent security to a surety bond or letter of credit. The duration of the performance guarantee and any extensions thereto, the release of the guarantee, the amount of the guarantee, the timing, coverage, and claimants under the guarantee shall all be determined per the requirements of G.S. 160D-804.1.

(Ord. No. 2021-07, § 2, 7-13-2021)

Minor subdivisions are defined as subdivisions of land that involve no new public streets or roads, no right-of-way dedication, no village owned utility extension, where the entire tract to be subdivided is 100 acres or less in size, and where four or fewer lots that are in compliance with the applicable zoning requirements result after the subdivision is completed. All subdivisions not meeting the requirements of a minor subdivision are considered major subdivisions.

However, if the owner of the land being subdivided owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road, or right-of-way from the land to be subdivided, the subdivision shall not qualify under the abbreviated procedure for minor subdivisions. The abbreviated procedure for minor subdivisions may not be used a second time within three years on any property less than 1,500 feet from the original property boundaries by any subsequent owner, individual having an option on, or individual having any legal interest in the original subdivision at the time the subdivision received final plat approval, unless this restriction is waived by the village council.

(Ord. No. 2021-07, § 2, 7-13-2021)

Prior to submission of a final plat, the applicant shall submit to the zoning administrator two copies of a sketch plan of the proposed subdivision containing the following information:

(1)

Sketch plan for minor subdivisions.

a.

A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways;

b.

The boundaries of the tract and the portion of the tract to be subdivided;

c.

The total acreage to be subdivided;

d.

The existing and proposed use of the land within the subdivision and the existing uses of land adjoining it;

e.

The existing street layout and right-of-way width; soils report and pavement design;

f.

Proposed lot layout and size of lots;

g.

The name, address, and telephone number of the owner;

h.

The name, if any, of the proposed subdivision;

i.

Streets and lots of adjacent developed or plated properties;

j.

The zoning classification of the tract and of adjacent properties;

k.

A statement from the county health department that a copy of the sketch plan has been submitted to them if a septic tank system or other onsite water or wastewater system is to be used in the subdivision;

l.

Stormwater management plan, including grading and drainage.

A filing fee shall accompany submission of the sketch plan. The fee schedule shall be set by village council and available in the village office.

The zoning administrator shall review the sketch plan for general compliance with the requirements of this article and applicable zoning regulations. The zoning administrator shall advise the applicant of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the final plat.

The zoning administrator shall retain one copy of the sketch plan, and one copy shall be returned to the applicant.

(2)

Final plat for minor subdivisions. Upon approval of the sketch plan by the zoning administrator the applicant may proceed with the preparation of the final plat in accordance with the requirements of this article. The applicant shall submit the final plat, so marked, and the stormwater management plan to the zoning administrator who may approve the final plat in accordance with the requirements of this article.

The final plat shall be prepared by a registered land surveyor currently licensed and registered by the state board of registration for professional engineers and land surveyors, which cost shall be borne by the applicant. The final plat shall conform to the provisions for plats, subdivision, and mapping requirements set forth in G.S. 47-30, the Manual of Practice for Land Surveying in North Carolina, and the applicable stormwater management plan.

Three copies of the final plat shall be submitted. Final plats may be black line paper prints. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the county register of deeds.

The final plat shall meet the specifications in subsection (2)a. of this section and the checklist table provided in the appendix to this article.

The following signed certificates shall appear on all seven copies of the final plat:

a.

Performance bond and insurance certificates and construction schedule.

b.

Certification of ownership.

I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Foxfire Village and that I hereby adopt this plan of subdivision with my free consent.

c.

Certificate of survey and accuracy. In accordance with the Manual of Practice for Land Surveying in North Carolina, on the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgments and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map that were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information. The certificate shall take the following general form:

State of North Carolina, Moore County, Foxfire Village

I hereby certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book _______, Page _______, of the Moore County Registry) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book _______ Page _______; that the error of closure as calculated by latitudes and departures is 1: _______: and that this plat was prepared in accordance with G.S. 47-30, as amended.

 Witness my original signature, registration number, and seal this day _______ of ___ AD

___________
Registered Land Surveyor

 Official Seal or Stamp
___________

 Registration Number

The certificate of the notary shall read as follows:

 "North Carolina, Moore County

 I, a Notary Public of the County and State aforesaid, certify that _______, a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _______ day of _______, 20___

_______
Notary Public

 Seal or Stamp

 My commission expires ___________

If following review by the zoning administrator, the final plat does not meet the requirements of this article, the zoning administrator may conditionally approve the plat with modifications to bring the plat into compliance or disapprove the plat with the reasons therefore within 45 days of first consideration of the final plat.

During the review of the final plat, the zoning administrator may appoint an engineer or surveyor with prior approval of the village council to confirm the accuracy of the final plat. If substantial errors are found, the costs shall be charged to the applicant and the plat shall not be approved until such errors have been corrected.

When the final plat is approved, such approval shall be shown on each copy of the plat by the following signed certificate:

 Certificate of Approval for Recording

 I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations of the Foxfire Village, North Carolina and that this plat has been approved for recording in the office of the Moore County Register of Deeds within 60 days of the date below.

 ___________
Zoning Administrator

 Foxfire Village, North Carolina

_______
Date

If the final plat is disapproved the reasons for such disapproval shall be stated in writing, specifying the provisions of this article with which the final plat does not comply. One copy of such statement of reasons and one print of the plat shall be retained by the zoning administrator as part of the records; one copy of the statement of reasons and five copies of the plat, including the original, shall be returned to the applicant. If the final plat is disapproved, the applicant may make such changes as will bring the final plat into compliance and resubmit same for reconsideration, or, per G.S. 160D-1403, appeal the decision to the superior court seeking declaratory or equitable relief within 30 days of receipt of the written notice of the determination per G.S. 160D-403.

When the final plat is approved by the zoning administrator, the applicant shall have all three copies recorded and file stamped with the register of deeds, leaving one copy with the register of deeds, returning one copy to the zoning administrator, and retaining the third copy.

The applicant shall file the approved final plat with the county register of deeds within 60 days of the approval; otherwise such approval shall be null and void.

(Ord. No. 2021-07, § 2, 7-13-2021)

Major subdivisions include any subdivision of land that does not meet the definition of a minor subdivision and is not exempt from the regulations of this article by sections 21-7-1.2 and/or 21-7-2. To the extent practicable, review, approval, and permitting actions of subdivision and development projects shall take place simultaneously for a single project. The actions include the following:

(1)

Pre-application discussion—applicant, consultant, if any, and zoning administrator.

(2)

Existing features plan (site analysis) submission.

(3)

On-site walkabout by zoning administrator and applicant.

(4)

Pre-submission conference.

(5)

Sketch plan submission, review, and approval.

(6)

Preliminary plat submission, review, and approval.

(7)

Final plat submission, review, and approval.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Pre-application discussion. A pre-application discussion is strongly encouraged between the applicant, the site designer, consultant, if any, and the zoning administrator. The purpose of this informal meeting is to introduce the applicant and the site designer to the village's zoning and subdivision regulations and procedures and to discuss the applicant's objectives in relation to the village's official policies and ordinance requirements.

(b)

Existing features plan (site analysis). Plans analyzing each site's special features are required for all proposed subdivisions, as they form the basis of the design process for house locations, lot lines, street alignments, and conservation areas. The applicant shall bring a copy of the existing features plan to the on-site walkabout. The existing features plan shall include, at the minimum:

(1)

Contour lines based at least upon topographical maps published by the U.S. Geological Survey.

(2)

The location of severely constraining elements such as steep slopes (over 25 percent), wetlands, watercourses, intermittent streams and 100-year floodplains, and all rights-of-way and easements.

(3)

The location of significant features such as woodlands, tree lines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, fences or stone walls, rock outcrops, and existing structures, roads, tracks and trails.

(c)

On-site walkabout. After the existing features plan has been prepared and submitted, the zoning administrator shall schedule an on-site walk of the property with the applicant and his site designer. The purpose of this visit is to familiarize the zoning administrator with the property's special features, and to provide an informal opportunity to offer guidance to the applicant regarding the potential house locations, street alignments, and the tentative location of conservation areas.

(d)

Pre-submission conference. Prior to the submission of the sketch plan or preliminary plat, the applicant shall meet with the zoning administrator and consultant, if any, to discuss how the severely constraining elements and the significant features, which were identified in the existing features plan, could be applied to the design and layout of the proposed subdivision. At the discretion of the zoning administrator this conference may be combined with the on-site walkabout.

(e)

Sketch plan. After the pre-submission conference, a sketch plan shall be submitted for all proposed subdivisions. A sketch plan is drawn to illustrate the initial thoughts about a conceptual layout for structure sites, street alignments, and conservation areas—taking into account the special conditions identified in the existing features plan. This is the stage where drawings are tentatively illustrated, before heavy engineering costs are incurred in the design of any proposed subdivision layout. Prior to the preliminary plat submission, the applicant shall submit to the zoning administrator two copies of the sketch plan of the proposed subdivision containing the following information:

(1)

A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways;

(2)

The boundaries of the tract and the portion of the tract to be subdivided;

(3)

The total acreage to be subdivided;

(4)

The location of all potential conservation areas, using the existing features plan. These areas consist of wetlands, floodplains, slopes over 25 percent, soils susceptible to slumping, and noteworthy natural, scenic, and cultural resources;

(5)

The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it;

(6)

The proposed street layouts with approximate pavement and right-of-way widths;

(7)

Proposed lot layout and size of lots;

(8)

The names, address, and telephone number of the owner;

(9)

The name, if any, of the proposed subdivision;

(10)

Streets and lots of adjacent developed or platted properties;

(11)

The zoning classification of the tract and of adjacent properties;

(12)

Stormwater management plan, including grading and drainage; and

(13)

A statement from the county health department that a copy of the sketch plan has been submitted to them, if a septic tank system or other onsite water or wastewater system is to be used in the subdivision.

(f)

Review. The zoning administrator shall review the sketch plan for general compliance with the requirements and goals of this UDO. Additionally, the zoning administrator may submit the sketch plan to the planning and zoning board for review and comment when deemed appropriate. Once the sketch plan is approved, the zoning administrator shall advise the applicant of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats.

(g)

Distribution. The zoning administrator shall retain one copy of the sketch plan and one copy shall be returned to the applicant.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Submission procedure.

(1)

For every major subdivision the applicant shall submit a preliminary plat including soils report and stormwater management report for approval by the planning and zoning board before any construction, or installation of improvements may begin.

(2)

Three copies of the preliminary plat, as well as any additional copies which the planning and zoning board determines are needed to be sent to other agencies shall be submitted to the zoning administrator at least 21 days prior to the next regularly scheduled planning and zoning board meeting at which the applicant desires the planning and zoning board to review the preliminary plat. Planning and zoning shall review the preliminary plat and make recommendation to the village council for either approval or disapproval.

(3)

Preliminary plats shall meet the specifications of the checklist contained in the appendix to this article and shall be drawn to a scale of not less than one inch equals 100 feet and on sheet size of 14 inches by 21 inches, 18 inches by 24 inches, or 24 inches by 36 inches. Plats may be placed on more than one sheet with appropriate match lines.

(4)

Submission of the preliminary plat shall be accompanied by the filing fee set by the village council and available in the village office.

(b)

Review by other agencies. Concurrent with submission of the preliminary plat to the zoning administrator, the applicant shall submit copies of the preliminary plat and any accompanying material to other officials and agencies concerned with new development including but not limited to:

(1)

The district highway engineer as to proposed streets, highways, and drainage systems;

(2)

The county health director as to proposed water and sewerage systems;

(3)

The state department of environment, and natural resources, land quality section, as to the erosion control requirements;

(4)

The county board of education as to proposed school sites, if any; and

(5)

The village police chief, the fire chief, and the public works director.

The zoning administrator will advise the applicant concerning which agencies are applicable for a given plat.

(c)

Review procedure.

(1)

The zoning administrator shall present the plat, after reviewing the plat for compliance with regulation and good planning practices, to the planning and zoning board and make appropriate recommendations to the planning and zoning board. Final approval or disapproval for all major subdivision preliminary plats shall be made by the village council after planning and zoning review.

(2)

The review by the planning and zoning board or village council may also include the zoning administrator, building inspector, if available, public works director (if street dedication or construction or utility extension or distribution lines are involved), the highway engineer, (if the subdivision is located in the extraterritorial jurisdiction and involves street dedication or construction), the chief of police and fire chief (if the subdivision is located inside the corporate limits and includes 50 or more residential lots).

(3)

The planning and zoning board shall review the preliminary plat at or before its next regularly scheduled meeting which follows at least 21 days after the plat is submitted and also after it receives the comments from the appropriate agencies.

(4)

The planning and zoning board shall review the preliminary plat and conditionally approve with conditions to bring the plat into compliance, or disapprove with reasons, within 45 days of its first consideration of the plat. The village council shall review the planning and zoning board recommendations at its next regularly scheduled meeting.

(5)

During its review of the preliminary plat, the planning and zoning board, with the approval of the village council, may appoint a consultant, engineer, or surveyor to confirm the accuracy of the plat. If substantial errors are found, the cost shall be charged to the applicant and the plat shall not be recommended for approval until such errors have been corrected.

(6)

If the planning and zoning board recommends disapproval of the plat to the village council, the reasons therefore shall be stated in writing, and submitted, along with the original and four prints of the plat, to the applicant who may make the recommended changes and submit a revised plat for planning and zoning board or village council review without paying an additional filing fee.

(7)

If the planning and zoning board recommends to the village council that the preliminary plat be approved conditionally, the conditions and reasons thereof shall be stated in writing, and, if necessary, the planning and zoning board may require the applicant to submit a revised plat. Resubmission of a revised plat does not require an additional filing fee. Resubmission must be made within 60 days and submitted at least one week prior to the board meeting.

(8)

If the planning and zoning board recommends approval of the preliminary plat to the village council, the village council shall review the plat at or before its next regularly scheduled meeting and if approved, it shall be noted on the three copies of the plat. One print and one original reproducible drawing of the plat shall be returned to the applicant, and one copy of the print shall be retained by the zoning administrator.

(9)

Approval of the preliminary plat is authorization for the applicant to proceed with the construction of the necessary improvements in preparation for the final plat.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2023-02, § 1, 4-11-2023)

(a)

Preparation of final plat and installation of improvements.

(1)

Upon approval of the preliminary plat by the planning and zoning board, the applicant may proceed with the preparation of the final plat and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this UDO.

(2)

Prior to approval of a final plat, the applicant shall have installed the improvements specified in this article or guaranteed their installation as provided by section 21-7-5 of this article.

(3)

No final plat will be accepted or reviewed by the planning and zoning board unless accompanied by written notice of the zoning administrator acknowledging compliance with the improvement and guarantee standards of this article.

(4)

The final plat shall constitute only the portion of the preliminary plat that the applicant proposes to record and develop at that time. Such portion shall conform to all requirements of this article.

(b)

Performance guarantees. In lieu of requiring the completion, installation, and dedication of all improvements prior to final approval, the village council may require a performance guarantee per section 21-7-5 of this article.

(c)

Final plat certification.

(1)

The applicant shall submit the final plat, so marked, to the zoning administrator who will forward it, with appropriate recommendations, to the planning and zoning board for review. Planning and zoning shall review the final plat and make recommendation to the village council for approval or disapproval.

(2)

The final plat shall be prepared by a registered land surveyor currently licensed and registered by the state board of registration for professional engineers and land surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Manual of Practice for Land Surveying in North Carolina.

(3)

Three copies of the final plat shall be submitted and shall meet the standards of section 152.39 of the Manual of Practice for Land Surveying in North Carolina. Material and drawing medium for the original shall be in accordance with the Manual of Practice for Land Surveying the North Carolina, where applicable, and the requirements of the county register of deeds.

(4)

The final plat shall meet the specifications in section 152.34 of the Manual of Practice for Land Surveying in North Carolina and must be of a size suitable for recording with the county register of deeds. It must be at the same scale and meet the same sheet size requirements as the preliminary plat. Plats may be placed on more than one sheet with appropriate match lines.

(5)

The following signed certificates shall appear on all three copies of the final plat:

a.

Certificate of ownership and dedication.

I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of Foxfire Village and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, alleys, walks, parks and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer and water lines to Foxfire Village.

b.

Certificate of survey and accuracy.

In accordance with the Manual of Practice for Land Surveying in North Carolina: On the face of each map prepared for recordation there shall appear a certificate acknowledged before an officer authorized to take acknowledgements and executed by the person making the survey or map including deeds and any recorded data shown thereon. The certificate shall include a statement of error of closure calculated by latitudes and departures. Any lines on the map which were not actually surveyed must be clearly indicated on the map and a statement included in the certificate revealing the source of information.

 The certificate shall take the following general form:

 State of North Carolina, Moore County, Foxfire Village

 I hereby certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book _______, Page _______, of the Moore County Registry) (other); that the error of closure as calculated by latitudes and departures is 1: _______: that the boundaries not surveyed are shown as broken lines plotted from information found in Book _______, Page _______; and that this plat was prepared in accordance with G.S. 47-30, as amended. Witness my original signature, registration number, and seal this _______ day of _______ A.D.

 Registered Land Surveyor

 Registration Number

 (Notarized)

 The certificate of the Notary shall read as follows:

 North Carolina, Moore County.

 I, a Notary Public of the County and State aforesaid, certify that a registered land surveyor personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal this _______ day of _______A.D.

 Surveyor Seal or Stamp

 Registration Number _______

c.

Certificate of approval for recording.

 I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations of the Foxfire Village, North Carolina and that this plat has been approved for recording in the office of the Moore County Register of Deeds within 60 days of the date below.

 ___________
Zoning Administrator

 Foxfire Village, North Carolina

 _______
Date

d.

Certificate of approval of the design and installation of streets, utilities, and other required improvements.

 I hereby certify that all streets, utilities and other required improvements have been installed in an acceptable manner and according to village specifications and standards in the subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to Foxfire Village has been received and that the filing fee for this plan, in the amount of $_______ has been paid.

 ___________
Zoning Administrator

 _______
Date

(d)

Review procedure.

(1)

The planning and zoning board shall review the final plat at or before its next regularly scheduled meeting and shall make recommendation to the village council to approve or disapprove the plat with reasons within 45 days of its first consideration of the plat. During its review of the final plat the planning and zoning board may appoint an engineer or surveyor to confirm the accuracy of the plat, if agreed to by the village council. If substantial errors are found, the costs shall be charged to the applicant and the plat shall not be recommended for approval until such errors have been corrected.

(2)

If the planning and zoning board recommends disapproval of the final plat to the village council, the reasons for such disapproval shall be stated in writing, specifying the provisions of this article with which the final plat does not comply. A copy of this statement, along with the original and three prints of the plat, will be submitted to the applicant who may make the recommended changes and submit a revised plat for approval. Resubmission of a revised plat does not require an additional filing fee. Resubmission must be made within 60 days and submitted at least one week prior to the board meeting.

(3)

If the planning and zoning board recommends to the village council that the final plat be approved with conditions, the conditions and reasons thereof shall be stated, in writing, and, if necessary, the planning and zoning board may require the applicant to submit a revised plat.

(4)

Upon approval of the final plat by the village council if, the applicant shall have at least three copies file stamped by the county register of deeds, leaving one copy with the register of deeds, returning one to the zoning administrator, and retaining the third copy.

(5)

The applicant shall file the approved final plat with the county register of deeds within 60 days of planning and zoning board approval; otherwise such approval shall be null and void.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2023-02, § 2, 4-11-2023)

(Ord. No. 2024-06, § 2, 2-13-2024)

The Family and Limited Subdivision exception is established for the creation of lots for residential purposes. These subdivisions are only authorized for properties in the Foxfire Village ETJ which are zoned RA5.

(Ord. No. 2024-06, § 2, 2-13-2024)

The Family subdivision exception is for the creation of lots which are to be deeded only to immediate family members and cannot be deeded or resold to a person who is not an immediate family member for at least three years from the date the lot is established.

For the purposes of this section "immediate family members" shall include husbands, wives, mothers, fathers, brothers, sisters, children (biological, adopted, or step), grandmothers, grandfathers, grandchildren (biological, adopted or step), aunts, uncles, nieces, and nephews.

The following requirements apply to Family subdivisions:

(1)

No part of the exception is exempt from the subdivision standards in NCGS Section 160D-802 and plat requirements in NCGS Section 47-30.

(2)

All applicable requirements of the Subdivision Checklist are contained in the Appendix.

(3)

No Lot may be conveyed until the subdivision is fully approved and recorded.

(4)

No Lot under 2 acres will be considered for exception and the minimum lot size allowed in any Family subdivision is 1 acre.

(5)

The property included in the subdivision application shall not have been part of a Family subdivision in the prior 10 years.

(6)

Each Lot must front an existing road or share a new or existing easement with a minimum width of 30 feet and must have a private road maintenance agreement. Any required easement shall be 50 feet from perennial streams.

(7)

If two or more Lots share an existing pond or lake a pond or lake maintenance agreement must be executed between the property owners.

(8)

Each Lot must have individual water or a shared well management agreement and individual septic.

The following additional documents shall be included in the application for a Family subdivision:

(1)

The signed affidavit of Family subdivision or deed of gift.

(2)

The private road maintenance agreement if private streets or accessways are proposed.

(3)

The well management agreement, if applicable.

(4)

A septic suitability certificate as determined by the Moore County Department of Environmental Health Division or licensed soil scientist for each lot in the subdivision.

(Ord. No. 2024-06, § 2, 2-13-2024)

The Limited subdivision exception is established for the creation of lots on tracts which are greater than 7 and less than 10 acres.

The following requirements apply to Limited subdivisions:

(1)

No part of the exception is exempt from the subdivision standards in NCGS Section 160D-802 and plat requirements in NCGS Section 47-30.

(2)

No Lot may be conveyed until the subdivision is fully approved and recorded.

(3)

Only Lots greater than 7 acres and less than 10 acres will be considered for exception.

(4)

The proposed Limited subdivision cannot result in more than 2 lots including the original Lot.

(5)

One Lot must be at least 5 acres and the minimum size of the second Lot must be at least 2 acres.

(6)

Each Lot must front an existing road or share a new or existing easement with a minimum width of 30 feet and must have a private road maintenance agreement. Any required easement shall be 50 feet from perennial streams.

(7)

If the Lots share an existing pond or lake, a pond or lake maintenance agreement must be executed between the property owners.

(8)

Each Lot must have individual water or a shared well management agreement and individual septic.

The following additional documents shall be included in the application for a Limited subdivision:

(1)

The private road maintenance agreement if private streets or accessways are proposed.

(2)

The well management agreement, if applicable.

(3)

A septic suitability certificate as determined by the Moore County Department of Environmental Health Division or licensed soil scientist for each lot in the subdivision.

(Ord. No. 2024-06, § 2, 2-13-2024)

(Ord. No. 2024-06, § 2, 2-13-2024)

Editor's note— Ord. No 2024-06, § 2, adopted Feb. 13, 2024, renumbered the former §§ 21-7-8—21-7-23 as §§ 21-7-9—21-7-24 and enacted a new § 21-7-8 as set out herein. The historical notations have been retained with the amended provisions for reference purposes.

At the time of submission of the preliminary plat for major subdivisions and at the time of submission of the sketch plan for minor subdivisions, the applicant shall pay to the village clerk and/or finance officer a nonrefundable service filing fee as adopted by the village council and available in the village clerk's office. This service fee is used to partially defray the cost to the village of processing subdivisions.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

In addition to the fee provided for in subsection (a) of this section, an applicant for approval of a major subdivision preliminary or final plat shall be required to reimburse the village for 100 percent of the costs incurred by the village to hire planning, legal, engineering, or other professional consultants to assist the village in reviewing and evaluating an application for such plat approvals. The village may require a deposit of the estimated cost of such fees before beginning the evaluation of an application for such plat approvals. Additional deposits may be required if the initial deposit has been exhausted in the course of the review process. The planning and zoning board may delay voting on the permit request until all fees have been paid. The applicant may request at any time, and the village shall provide, copies of statements for services submitted to the village by any consultants under this subsection. Any dispute as to the amount of fees owed to the village under this subsection shall be presented to and resolved by the village council.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

Any plat or any part of any plat must be vacated by the owner at any time before the sale of any lot in the subdivision by a written instrument to which a copy of such plat shall be attached, declaring the same to be vacated.

Such an instrument shall be approved by the same agencies as approved the final plat. The governing body may reject any such instrument that abridges or destroys any public right in any of its public uses, improvements, streets or alleys.

Such an instrument shall be executed, acknowledged or approved and recorded and filed in the same manner as a final plat; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public right in the streets, alleys and public grounds, and all dedications laid out or described in such plat.

When lots have been sold, the plat may be vacated in the manner provided in subsections (a), (b) and (c) of this section by all owners of the lots in such plat joining in the execution of such writing.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

For any re-platting or re-subdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(a)

Land subject to flooding and land deemed by the planning and zoning board to be uninhabitable for other reasons including, but not limited to, slopes in excess of 25 percent, slumping soils, wetlands, habitats for endangered species, and historic/archeological sites, shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard. Such land within a plan shall be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions.

(1)

The precise boundaries of the floodplain areas of the village should be determined by a detailed drainage plan and a stormwater management plan for the territorial jurisdiction of the village. Until such study is made and exact dimensions have been determined, the registered professional engineer designated by the village council shall estimate the boundaries of these floodplain areas.

(2)

Past records of flood levels shall be used to determine sufficient area from the centerline of streams to provide adequate protection from the most severe flood of record.

(b)

Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivision.

(c)

Where a proposed residential subdivision contains or is adjacent to a major highway, it shall be planned so as to avoid having lots fronting on the highway in such a manner as to derive their access from said highway, preferably by providing a marginal access street for these lots or by backing the lots to the highway.

(d)

Where a proposed subdivision contains or is adjacent to a railroad right-of-way, it shall be planned so as to avoid having residential lots front on a street which parallels and is adjacent to the railroad right-of-way.

(e)

Subdivisions showing reserve strips controlling access to public ways will not be approved except when the control and disposition of land comprising such strips is placed within the village's jurisdiction under conditions meeting the approval of the zoning administrator.

(f)

Unusable or reserve lots shall not be permitted in any subdivision. All subdivided land shall be part of a usable lot and shall be designated with a lot or parcel number.

(g)

If the entire area shown on an approved preliminary plat is not to be recorded at the same time as one unit, but instead, sections or units of the entire subdivision are to be recorded at subsequent time intervals, then the unit boundaries shall be so designated as to permit each unit recorded to function independently of the unit to follow it in the proposed recording schedule of the applicant. Temporary turnarounds shall be constructed by the developer, as required by the village, at the ends of streets that are presently dead-end, but are planned as through streets when the adjacent unit is ultimately recorded.

(h)

Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the county health department, a structural engineer, and soils expert determine that the land is suitable for the purpose proposed.

(i)

The names of the subdivision and streets shall not duplicate nor closely approximate the names of any existing subdivision or streets within the village or its extraterritorial jurisdiction. The village council has final approval authority regarding names.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(a)

Utilities described in this section shall include, but not be limited to water and sewer lines, electrical distribution systems, and telephone and cablevision facilities. The utility companies shall be provided with copies of the preliminary plat by the applicant and shall be expected to work with the applicant in designing the utility plan for the subdivision. Underground installation of utility lines is required unless exempted by G.S. 160D-804(h).

(b)

The applicant is required to install and connect all utilities without expense to the village.

(c)

Connection to public water and sewer lines.

(1)

Each lot in all subdivisions, within the corporate limits of the village, shall be provided with an extension of the municipal water and sanitary sewer systems (if any). Each subdivision in the extraterritorial area of the village shall be provided with water and sanitary sewer lines and laterals within and along the perimeter of the land being subdivided for each lot, if any of the land being subdivided is within 500 feet of a public system. The applicant may, at the applicant's expense, extend the village water and sewer system (if any) to the subdivision, if approved by the zoning administrator. In phased developments no new connections will be extended until the old sections have been brought completely into compliance.

(2)

No subdivision shall be connected to the public water and sewer systems (if any) until all requirements of this Article have been met and all required improvements have been installed in accordance with the final plat for the entire subdivision, or for the current all previous phases, if the subdivision is a phased development.

(d)

All lots in subdivisions not connected to the village water and sewer systems (if any) shall have a suitable source of water supply and sanitary sewage disposal which complies with the regulations of the appropriate agencies.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(a)

Street layout.

(1)

In any new subdivision the street layout shall conform to the arrangement, width and location indicated by official plans or maps for the village including minimum pavement standards established by the soils engineer. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets.

(2)

Residential collectors and local streets and roads shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly.

(3)

The proposed street layout shall be made according to good land planning practice for the type of development proposed and shall be coordinated with the street system of the surrounding areas.

a.

The arrangements of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining subdivisions or, when adjoining property is not subdivided, their proper projection insofar as they may be necessary for vehicular circulation in the future.

b.

The street and alley arrangement must be so designated as to cause no hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.

c.

When a new subdivision adjoins subdivided land, the new streets shall be carried to the boundaries of the tract proposed to be subdivided, except where it is determined by the planning and zoning board that certain streets may not be required to be so extended.

(4)

Proposed streets should be adjusted to the contour of the land so as to produce usable lots and streets shall be kept to a minimum.

(b)

Intersections.

(1)

Intersection of local streets with major streets shall be kept to a minimum.

(2)

An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the state division of highways.

(c)

Cul-de-sacs.

(1)

As a feature of subdivision design, cul-de-sacs should be discouraged and kept to a minimum. Cul-de-sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless the planning and zoning board grants an exception.

(2)

Permanent dead-end streets shall not exceed 400 feet in length unless necessitated by topography or property accessibility and in no case shall be permitted to be over 900 feet. Measurement shall be from the point where the centerline of the dead-end street intersects with the centerline of a through street to the center of the turnaround of the cul-de-sacs.

(d)

Half streets.

(1)

The dedication of half streets of less than 50 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this prohibition impracticable, the applicant must furnish adequate provision for the concurrent dedication of the remaining half of the street. When a half street exists in an adjoining subdivision, the remaining half shall be provided by the proposed development.

(2)

However, in circumstances where more than 50 feet of right-of-way is required, a partial width right-of-way, not less than 50 feet in width, may be dedicated when the adjoining undeveloped property is owned or controlled by the applicant; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated.

(e)

Alleys.

(1)

Alleys may be required in all blocks along the rear line of business property, in multiple-family residential or industrial blocks, if, the planning and zoning board determines alleys are needed to service these areas.

(2)

All dead-end alleys shall be provided with a turnaround in accordance with village standards.

(3)

Sharp changes in alignment and grade shall be avoided. All alleys shall be designed in accordance with the state department of transportation standards.

(4)

No alley shall have access from a major street or highway, but shall have its access points confined to minor, lightly traveled streets.

(f)

Street names and signs.

(1)

Proposed streets, which are obviously in alignment with other existing and named streets, shall bear the assigned name of the existing streets.

(2)

In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names in the village and the extraterritorial jurisdiction, irrespective of the use of a suffix such as a street, road, drive, place, court, etc. street names shall be subject to the approval of the village council.

(3)

The applicant shall be required to provide and erect street name signs to the village or county standards, as appropriate, at all intersections and at any other point within the subdivision deemed necessary by the village. The applicant shall assume the total cost of all new signs in addition to any installation costs involved.

(g)

Street dedication.

(1)

All streets inside the corporate limits of the village shall be dedicated to the village and all streets in the extraterritorial jurisdiction shall be constructed to the standards necessary for acceptance into the state highway system or the standards in this article, whichever is stricter in regard to each particular item, and shall be added to the state system, if eligible. If such a street is not eligible for acceptance into the state system, due to an inadequate number of lots or residences, it shall, nevertheless, be dedicated to the public.

(2)

All streets shall be built to the standards of this article and all other applicable standards of the village and/or the state department of transportation.

(h)

Streetlights. No street lights will be installed on village-owned streets.

(i)

Street trees. Developers are encouraged to plant deciduous shade trees along both sides of all streets in new subdivisions. Such trees should be planted within the rights-of-way areas and be spaced no more than 40 feet apart.

(j)

Disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. 136-102.6 as public, and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into the village or the state system before lots are sold, a statement explaining the status of the street shall be included with the final plat.

(k)

Access to adjacent properties. Where the planning and zoning Board determines it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround provided. In areas subdivided and recorded prior to the adoption of this UDO (i.e., lots of record) which do not have direct access to a public road or highway, a private drive or roadway may provide access for further division meeting the definition of a minor subdivision when a permanent easement for such drive or roadway, with a minimum right-of-way width of 20 feet, is recorded with the register of deeds and depicted as such on the final plat.

(l)

Nonresidential streets. The applicant of a nonresidential subdivision shall provide streets in accordance with the North Carolina Roads, Minimum Construction Standards and the standards of this article, whichever are stricter in regard to each particular item.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

In general the design of all streets and roads within the jurisdiction of this Article shall be in accordance with the accepted policies of the state department of transportation, division of highways, as described in its publication Subdivision Road Minimum Construction Standards. However, within the village limits, an applicant may choose the option of constructing streets from the following list of standards which have narrower rights-of-way and pavement widths than those required by the department of transportation.

(1)

Rights-of-way and pavement widths.

Street design shall include provisions for proper drainage (section 21-7-18). This requirement may be partially waived where suitable alternative treatments are available and agreed to by the zoning administrator and the designing engineer.

(2)

Grades. Street grades shall be as follows:

a.

Street grades shall be not more than ten percent or less than one-half of one percent.

b.

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

c.

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

d.

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

(3)

Horizontal curves.

a.

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

b.

Proper super-elevation shall be provided for curves on major streets and highways.

c.

Tangents. A tangent of not less than 100 feet in length shall be provided between curves.

(4)

Grading. All streets shall be cleared and graded to a sufficient width so as to provide adequate shoulders and pedestrian ways. Finished grades, cross-section, and profile shall be in accordance with town standards and shown on a finished grade topography map.

(5)

Paving. Road bases and paving shall be installed in accordance with town specification and standards including minimum standards established by a soils engineer for each roadway due to soils conditions. Pavement sections will vary:

a.

There shall be a minimum of six inches of sand clay base on all streets. More than six inches of base may be required if deemed necessary by the zoning administrator.

b.

There shall be a minimum of one and one-half inches of approved paving material on all streets. More than one and one-half inches of paving may be required if deemed necessary by the zoning administrator. The paving requirements for streets intended for dedication to and maintenance by the state department of transportation shall be in accordance with the construction standards of the state department of transportation, division of highways.

(6)

Intersections. Street intersections shall be laid out as follows:

a.

Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than a 75-degree angle.

b.

Minor or collector street intersections with a major highway shall be at least 800 feet apart measured from centerline to centerline.

c.

Property lines at street intersections shall be rounded with a minimum radius of 20 feet. At an angle of an intersection of less than 90 degrees, a greater radius may be required. Where a street intersects a highway, the design standards of the state department of transportation will apply.

d.

Proper sight line shall be maintained at all intersections of streets. Measured along the centerline, there shall be a clear sight triangle of 150 feet for major streets and 75 feet on all streets from the point of intersection, unless the zoning regulations specify differently. This shall be indicated on all plans. No building or obstruction shall be permitted in this area.

(7)

Wheelchair ramps. In accordance with the General Statutes, all street curbs in the state being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities, or altered for any reason after September 1, 1973, shall provide wheelchair ramps for the physically handicapped at all intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian flow.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

Blocks shall be laid out with special attention given to the type of use contemplated, zoning requirements, needs for vehicular and pedestrian circulation, control and safety of street traffic, limitations and opportunities of topography, and convenient access to water areas.

(1)

Intersecting streets shall be laid out as such intervals that block lengths are not more than 800 feet or less than 400 feet, except where, the planning and zoning board determines existing conditions justify a modification of this requirement.

(2)

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required, to separate residential development from through traffic or nonresidential uses.

(3)

Pedestrian ways or crosswalks, not less than ten feet in width, shall be provided near the center and entirely across any block 800 feet or more in length, or at the end of a cul-de-sac, where the planning and zoning board determines it necessary to provide adequate pedestrian circulation or access to schools, shopping areas, churches, parks, playgrounds, transportation or other similar facilities.

(4)

Block numbers shall conform to the village or Moore County street numbering system, as appropriate.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(a)

Utility easements. Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 12 feet in width, or wider as required by the companies or agencies involved, e.g. telephone, gas, or electric power.

(b)

Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or frontage roads may be required in connection therewith.

(c)

Public maintenance. Lakes, ponds, creeks, floodplains and similar areas will be accepted for maintenance by the village only if sufficient land is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system. Such areas must be approved by the village council before approval of the final plat.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

In residential districts a buffer of at least 50 feet in depth, in addition to the normal lot depth required, shall be provided adjacent to all railroads, limited access highways and commercial developments. This buffer shall be part of the platted lots, but shall have the following restriction lettered on the face of the plat: "This buffer reserved for the planting of evergreen shrubs and/or trees by the owner; the building of structures hereon is prohibited. Maintenance of the buffer shall be the responsibility of the lot owner."

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

The applicant shall provide a surface water drainage system, as shown on a finish grade topography map, constructed to village standards and to the state department of transportation standards as reflected in the Handbook for the Design of Highway Surface Drainage Structures, subject to review by the village engineer. The following shall apply:

(1)

No surface water shall be channeled or directed into a sanitary sewer.

(2)

Where feasible the applicant shall connect to an existing storm drainage system by providing all grading and all structures necessary to carry the water to the storm drainage system. Drainage and construction of drainage structures shall conform to village specifications and standards.

(3)

Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system, approved and accepted by the village, shall be designed and constructed to protect the development from water damage.

(4)

Surface drainage courses shall have side slopes of at least three feet of horizontal distance for each one foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the standards and specifications for erosion control of the North Carolina Sedimentation Pollution Control Act, ch. 113A, art. 4 (G.S. 113A-50 et seq.) and the North Carolina Administrative Code title 15, ch. 4 and any locally adopted erosion and sedimentation control regulations.

(5)

The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least one foot in each 200 feet of horizontal distance.

(6)

Where drainage ditches are provided and grades exceed four percent, the ditches shall be paved in accordance with village standards.

(7)

In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(Ord. No. 2024-06, § 2, 2-13-2024)

Prior to approval of the final plat, the following improvements shall be installed, bonded for or otherwise guaranteed according to section 21-7-5. The applicant or developer shall assume the entire cost of all improvements, whether they are utilities lines, water line extensions, sewer lines (if any) or streets, listed in this article. Any professional services required in this article as a condition of approval of a subdivision plat, such as soil percolation tests, shall also be paid for by the applicant.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

No construction or installation of improvements shall commence in a proposed major subdivision until the preliminary plat has been approved, or until the final plat has been approved in a minor subdivision and all plans and the appropriate authorities have approved specifications. All proposed subdivisions located within the territorial jurisdiction of the village shall comply with the following improvement requirements:

(1)

Landscaping. Landscaping shall be installed in accordance with article VIII, section 21-8-4 of this UDO.

(2)

Permanent monuments and makers. Permanent monuments shall be placed at all block corners or at the tangent points of curves connecting intersecting street lines, at the points of curvature and tangency in curved street lines, at all corners in the exterior boundary of the subdivision and at such other points as may be necessary to make the retracing of the lines as shown upon the final plat thereof reasonably convenient. The location of all such monuments shall be clearly designated on said final plat. Permanent markers shall mark all lot corners. Unless otherwise specified by this article, the Manual of Practice for Land Surveying, as adopted by the state board of registration for professional engineers and land surveyors shall apply, when conducting surveys for subdivisions, in placing monuments and markers, etc.

(3)

Required improvements. In addition to survey monuments and markers, other improvements must be completed prior to final plat approval, or their completion provided for as described in subsection (4) of this section. These required improvements include the construction of streets, storm drainage facilities, and public water and sewer lines, the planting of street trees, and the installation of street name signs.

(4)

Construction guarantee. No final plat shall be approved or accepted for recording by the register of deeds until the required improvements have been constructed in a satisfactory manner and approved by the zoning administrator or, in lieu of such prior construction, the village council may accept a performance guarantee per section 21-7-5 of this article, whereby improvements may be made and utilities installed without cost to the village or county in the event of default by the applicant, owner, or contractor. The owner of a subdivision shall require the contractor constructing streets, curbs, gutters, drainage facilities, and water and sewer lines to give a bond guaranteeing the work against defects for a period of one year from the date of completion of such construction.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

The village council, after conducting a quasi-judicial hearing may authorize a variance from these regulations upon a showing of all the following:

(1)

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

(2)

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

(3)

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.

(4)

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved.

No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. [G.S. 160D-705]

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

As provided in article IV of this UDO, when the council approves a planned unit development conditional zoning district, the master plan approved as part of that zoning district shall include a list of modifications to the standards of this article, including review procedures, that would otherwise be applicable to any subdivisions contained within that planned unit development.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

A landowner fulfilling the requirements of G.S. 160D-108.1 may, by submitting a preliminary or final plat for approval declare he is seeking to acquire a vested right pursuant to the statute and section 21-1-6 of this UDO.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(a)

Violations. After adoption of this UDO, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of the village, thereafter subdivides land in violation of this article or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this article and recorded in the office of the county register of deeds, shall be guilty of a violation and guilty of a Class I misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty.

(b)

Penalties and remedies. The violation of any provision of this chapter shall subject the offender to criminal prosecution and, upon conviction, to fine and/or imprisonment set to the maximum allowed by G.S. 14.4. The penalties and remedies for violation shall be as set forth in section 21-3-4 of this UDO.

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2024-06, § 2, 2-13-2024)

(Ord. No. 2021-07, § 2, 7-13-2021; Ord. No. 2022-09, § 1, 7-12-2022)