This Chapter shall be known and cited as "The Subdivision Standard Control Ordinance of Gastonia, North Carolina."

(Ord. No. 21-746, § 2, 9-21-21)

The procedures and standards for the development and subdivision of real estate and for the surveying, platting, and recording thereof, adopted and prescribed by this Ordinance pursuant to the powers contained in G.S. ch. 39, art. 5A, and G.S. ch. 160D, art. 8.

(Ord. No. 21-746, § 2, 9-21-21)

The purpose of this Chapter is to provide for efficient, adequate, and sufficient streets with adequate width and with proper alignment and grades designed to promote the public safety, health, and general welfare; to provide for suitable residential, business, commercial, institutional, governmental, and industrial areas with adequate streets and utilities and with appropriate building sites; to ensure sound, orderly urban development; to save the unnecessary expenditure of public funds by reserving space for public parks and playgrounds and by initial proper construction of streets; and to provide better identification and permanent location of real estate boundaries, and to ensure that all development conducted by the City of Gastonia or its contractors shall fully comply with the standards set forth herein.

(Ord. No. 21-746, § 2, 9-21-21)

The regulations contained herein shall govern each and every subdivision of land, as herein defined, within the corporate limits of the City of Gastonia as is indicated on the most recently adopted version of the Gastonia Zoning Map, the provisions and boundaries of said map being incorporated herein by reference.

(Ord. No. 21-746, § 2, 9-21-21)

A list of all subdivisions approved under this Chapter shall be kept on file in the office of the Subdivision Administrator.

(Ord. No. 21-746, § 2, 9-21-21)

Standards of accuracy as prescribed in G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 39C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps.

(Ord. No. 21-746, § 2, 9-21-21)

A.

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 violation of this Chapter. The City, through its attorney or other official designated by the City Council, may enjoin an illegal subdivision, or transfer or sale of land by action for injunction. Building permits required by G.S. 160D-1110 may be denied for any lot that has been illegally subdivided. Violations of this Chapter shall not subject the violator to a criminal penalty.

B.

In addition to the other remedies cited in this Ordinance, for the enforcement of the provisions of the Ordinance, the regulations and standards contained in this Ordinance may be enforced through the issuance of citations by the City. These citations shall be in the form of a civil penalty. The City may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within seventy-two (72) hours after being cited for a violation. The following civil penalties are established for violations under this section:

(Ord. No. 21-746, § 2, 9-21-21)

A.

Except as provided in Subsection (B), modifications to the terms of this Ordinance for any preliminary plat may be made by the City Council, after first having been reviewed and a recommendation forwarded by the Planning Commission. Any requested modification which involves a zoning regulation (i.e., lot size, lot frontage, etc.) shall be considered a Zoning matter and shall be reviewed by the Board of Adjustment. A modification to the terms of this Chapter may be granted by the City Council if, after having held a public hearing, the following findings are each found to be in the affirmative:

1.

There are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the Subdivider of the use of their land.

2.

The modification is necessary for the preservation of a substantial property right of the petitioner.

3.

The circumstances giving rise to the need for the modification are peculiar to the subdivision and are not generally characteristic of other subdivisions.

4.

The granting of the modification will not be detrimental to the public's health, safety, and welfare nor injurious to other properties in close proximity to the subdivision site.

B.

The Planning Commission may recommend a waiver of the requirements of Section 13.22(D) upon the affirmative finding that:

1.

Circumstances particular to the subject property (i.e., topography, number of lots, shape of the tract) make it impractical or infeasible to comply with such requirements;

2.

Such waiver would be in harmony with the general intent and spirit of this Ordinance.

Note: Approval of such a modification by the City Council shall also be in compliance with the stipulations contained in Section 13.7A.

(Ord. No. 21-746, § 2, 9-21-21)

A decision rendered by the TRC may be appealed within thirty (30) days thereafter in accordance with G.S. 160D-405(d). Such appeal shall be made in accordance with G.S. 160D-1403.

(Ord. No. 21-746, § 2, 9-21-21)

These regulations shall become effective on November 20, 2009, and continue in full force and effect as may be amended from time to time.

(Ord. No. 21-746, § 2, 9-21-21)

This Ordinance was duly adopted by the Gastonia City Council on October 20, 2009 and any subsequent replacements or amendments.

(Ord. No. 21-746, § 2, 9-21-21)

A.

No person, firm or corporation shall transfer or sell any real property located within the boundaries established by the City for the enforcement of its municipal regulatory powers conferred by G.S. ch. 160D, art. 8, by reference to a plat showing a subdivision of such realty until such plat has been approved in accordance with this Chapter and recorded in the office of the register of deeds for Gaston County. No subdivision plat shall be considered or approved unless the procedure prescribed by this Chapter shall be complied with, and no subdivision plat shall be considered or approved unless the subdivision and the plat thereof shall comply with the minimum standards and requirements prescribed by this Chapter.

B.

No person, firm, or corporation shall lay, erect, or construct, or authorize the laying, erecting, or constructing of any water, sewer, or power line in any street of a subdivision opened or laid out in violation of this Chapter, nor shall any water, sewer, or power service be furnished by the City to any owner or occupant of any land abutting upon any street which is opened, laid out, or constructed in violation of this Chapter, nor shall any connection with the water or sewer system of the City, nor or with any other water or sewer system which connects with the City system, be allowed or made within any real estate subdivision or other area laid out, subdivided, or platted subsequent to the effective date of this Chapter, unless and until the provisions of this Chapter shall have been fully complied with. Neither a zoning permit nor a building permit shall be issued for any proposed structure upon any land abutting upon any street which is opened, laid out, or constructed in violation of this Chapter nor on other property otherwise subdivided in violation of this Chapter.

C.

No street or proposed street within the corporate limits of the City which is sought to be dedicated by the owner or owners thereof shall be accepted by the City until and unless such street shall be platted, laid out, graded, and improved in accordance with the provisions of this Chapter and unless and until the subdivision plat showing such street or streets shall have been duly approved by the Council as provided by this Chapter.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Application for Final Plat for Minor Subdivision/Unified Development.

Final plats shall show all of the information appearing in the "Final Plat Checklist" on file with the Subdivision Administrator and published in accordance with G.S. 160D.

The owner or subdivider seeking approval shall submit an application in writing to the City along with at least two (2) mylar prints of the final plat and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD. Digital submittals shall occur through the City's portal in accordance with the City's Digital Submittal Guidelines. The submittal shall be deemed complete only if they contain all of the information as listed in Section 13.19 of this Chapter and accompanied by a fee, in accordance with a fee schedule adopted by the City Council. The final plat shall be at a scale of not less than one inch equals one hundred (100) feet.

The final plat shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina by the North Carolina 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 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective August 1, 2002, or latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 89C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps.

B.

Review and Approval of Final Plat (Minor Subdivision/Unified Development).

The Subdivision Administrator shall submit the plat for review to the TRC. The TRC shall have thirty (30) days from the date of submittal of the complete application to (i) approve the plat or, (ii) disapprove the plat. Notice of the TRC's decision shall be sent to the subdivider within five (5) working days thereof. If an agreement between the TRC and the Subdivider has not been reached regarding the proposed plat within said 30-day period, the plat shall automatically be transferred to the Planning Commission for their review and recommendation.

If the final plat is not approved, the Subdivider shall have up to thirty (30) days to resubmit a revised version of the final plat to the Subdivision Administrator without having to pay an additional filing fee. If a revised plat is not submitted within said period, any future submittal will require the payment of an additional fee. The TRC shall review the revised plat in the same manner as the original plat.

C.

Recording of Approved Plat.

If the final plat is approved, the Subdivider shall file with the Subdivision Administrator a check made payable to the Gaston County Register of Deeds in an amount sufficient to cover the costs of recording the plat. The Subdivision Administrator shall promptly deliver the check and plat to the Register of Deeds for recordation.

(Ord. No. 21-746, § 2, 9-21-21)

The initial step in securing approval of a major subdivision/unified development shall be the submission of an application.

The application shall be deemed complete if accompanied by (1) a fee, in accordance with a fee schedule adopted by the City Council and, (2) Digital submittal through the City's portal in accordance with the City's Digital Submittal Guidelines, meeting the requirements of Section 13.15, prepared by a registered professional engineer or registered land surveyor, and containing the following information:

1.

Name and address of the owner and/or Subdivider.

2.

Name and address of the person to whom communication shall be sent.

3.

The proposed name of the subdivision.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Review by the Technical Review Committee (TRC) and Subdivision Administrator.

Upon submittal of a complete application to the City, the TRC shall have up to thirty (30) days to review the plat and make comment concerning the appropriateness of the subdivision and conformity with this and other applicable City Ordinances and regulations. Notice of said comments shall be sent to the subdivider within five (5) working days thereof.

The subdivider shall have the opportunity to resubmit the plat once the TRC's comments have been sent to the subdivider. The TRC shall have up to ten (10) working days to review and make comment on a revised version of the plat submitted by the subdivider.

Staff review.

Review and approval of the completed Preliminary Plat by the Subdivision Administrator following input by TRC is required under the Major Subdivision review process, with review and approval of both the Preliminary Plat/Site Development Plan and the Final Plat made by the Subdivision Administrator.

This review shall be made by the Subdivision Administrator and by any other agencies or officials comprising the TRC as set forth in G.S. 160D-803(b) and as requested by the Subdivision Administrator. The Subdivision Administrator shall review the Preliminary Plat/Site Development Plan for Major Subdivisions for compliance with the applicable requirements of this Ordinance and other applicable Ordinances and laws, to which their respective departmental role applies.

B.

Notice to Subdivider.

The subdivider shall be notified within five (5) working days after approval. After submission of the preliminary plat, the Subdivider may proceed to obtain approval of the construction plan as stipulated in Section 13.16.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Vicinity Sketch.

A vicinity sketch or key map at a scale of not more than one thousand feet to the inch (1" = 1000') shall be shown on or accompany the preliminary plat. This map shall show the position of the subdivision with relation to the surrounding streets, either open or dedicated, and adjoining properties.

B.

Scale, Size, Information.

The preliminary plan of the subdivision shall be drawn to a scale of not more than one hundred feet to the inch (1" = 100') and may be on one or more sheets, not larger than twenty-four inches by thirty-six inches (24" x 36"), showing the following information:

1.

Name of subdivision; name of registered engineer or land surveyor under whose supervision the survey and map were prepared; scale and date; north point, with north being, when practical, at the top of the map.

2.

Boundary lines of the proposed subdivision showing intersecting boundaries and owners' names on adjacent tracts, the lot lines, street right-of-way lines and widths, parcels of land to be dedicated for public use, building setback lines with distance from street property line, zoning, existing and proposed easements, all streets either open or dedicated within one hundred and fifty (150) feet of the subdivision boundary, drawn to scale and with tentative dimensions.

3.

Contours at intervals of two (2) feet or less (may be derived from five-foot contours), referred to sea level datum, for subdivisions over five (5) acres and for others when required by the Subdivision Administrator, due to roughness of the topography.

4.

Other important features such as watercourses, permanent buildings, parks, railroads and corporate limits of the City.

5.

Application for proposed street names. All such names on the application shall have been previously recommended for approval by the Engineering Standards Division. Final acceptance must be obtained from the City Engineer.

6.

Location of all existing utilities located within three hundred (300) feet of the land to be subdivided.

7.

Street Information. Preliminary plan of proposed streets including width of right-of-way and general street layout and alignment and, width and location of sidewalks.

8.

Detailed information as contained within the "Preliminary Plat Checklist" on file with the Subdivision Administrator.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Review by Subdivision Administrator

Within a year after approval of the preliminary plat, the Subdivider shall submit to the City a construction plan meeting the requirements of Section 13.17. All plans to be uploaded through the City's portal. Submittal requirements as per the City's Digital Submittals Guidelines.

A preliminary plat must be approved prior to the submittal of the construction plan. The Subdivision Administrator shall have up to forty-five (45) days to make initial comments on the submitted construction plan. The Subdivider shall be given the opportunity to amend the construction plan based on the Subdivision Administrator's comments. The Subdivision Administrator shall have fifteen (15) additional working days for review following each such resubmission by the Subdivider. The Subdivision Administrator shall have the authority to make final approval of the construction plans following approval of the preliminary plat. The approved construction plan shall be in conformity with the approved preliminary plat. The Subdivider will be required to enter into Agreement for Installation of Utilities in accordance with Chapter 14, Article II, Division 2 of the Gastonia City Code as applicable.

Approval of the construction plan and executed utility agreement shall give the Subdivider the opportunity to install and/or begin construction of public improvements consistent with the approved preliminary plat and approved construction plan.

B.

Improvements Authorized After Approval of Construction Plan

After receiving approval of preliminary plat, construction plans, and after a preconstruction meeting, the Subdivider may proceed to construct improvements in accordance with this Chapter and as shown on the approved construction plan. Upon completion of such improvements, the Subdivider shall submit mylar drawings of the construction plan on sheets not larger than twenty-four inches by thirty-six inches (24" x 36"). The scale shall be not less than forty feet to the inch (1" = 40'), and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD showing as-built details of actual construction, when constructed by others than the City, as required by the Subdivision Administrator, for the City's records.

The construction plan (and preliminary plat) shall become null and void if, after one year of approval of the construction plan, construction of the public improvements to the land have not begun and are ongoing.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Form of Drawing

The construction plans shall be on sheets twenty-four inches by thirty-six inches (24" x 36"). The scale shall be not less than forty feet to the inch (1" = 40'), and, when available, on CD or other approved electronic media in .DWG format in the latest version of AutoCAD.

B.

Information

The construction plan may be on one or more sheets and shall show the following:

1.

Information as specified in Section 13.15.

2.

Location, size, and elevations of all proposed sanitary sewers, water mains, fire hydrants, storm drains, catch basins and appurtenances.

3.

Locations, size, and elevation of all existing sanitary sewers, storm sewers, water mains, fire hydrants, culverts, drainage structures, or other underground structures within the tract and/or immediately adjacent thereto.

4.

The layout of all streets and alleys, including the lengths of arc, radii, points of curvature, length and bearing of all tangents.

5.

Location and dimension of all paving, curbs, public sidewalks, sanitary sewer laterals and water service laterals.

6.

The location, material and size of all monuments.

7.

Street Plan and Profile showing elevations, grades and vertical curves.

8.

The preparation of the construction plans shall be under the supervision of the appropriate registered professional licensed to practice in North Carolina.

9.

The plan shall contain a certificate which meets the requirements for registration as set out in G.S. 47-30.

10.

The plan shall be designed in accordance with the current version of the "Subdivision Grading Minimum Design Standards."

11.

Detailed information as contained within the "Subdivision Plan Checklist" on file with the Subdivision Administrator.

(Ord. No. 21-746, § 2, 9-21-21)

Upon completion of the improvements shown on the approved preliminary plat and construction plan, or upon posting an improvement guarantee bond in accordance with Section 13.20, the Subdivider shall submit a complete final recording plat for the area covered by such improvements. Two (2) mylar copies, and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD, meeting the requirements of Section 13.19, shall be submitted to the City for review and approval. Plat to be uploaded through the City's portal. Submittal requirements as per the City's Digital Submittals Guidelines. The plat shall not be considered complete unless accompanied by a fee, in accordance with a fee schedule approved by the City Council.

A.

Review by TRC.

The TRC shall review the final recording plat along with the approved preliminary plat and construction plan for compliance with the provisions of this Chapter.

1.

If the final recording plat is found to be in compliance, the Subdivision Administrator shall transmit the final recording plat, together with their recommendations, to the City Council for action.

2.

If the final recording plat is found not to be in compliance or if changes have been made from the approved preliminary plat or construction plans, TRC approval will be required prior to Council Approval.

3.

The Subdivider shall be notified of actions taken by the TRC regarding the final plat within five (5) working days thereafter.

B.

Recording of Final Approved Plat.

Upon its receipt of the final recording plat, the Subdivision Administrator shall review it for compliance with the provisions of this Chapter and shall consider the recommendations of the TRC. The Subdivision Administrator may thereupon approve the final recording plat in whole or in part, or subject to modifications, or may disapprove said plat. The original mylars of the final recording plat, and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD, shall be made available for authentication when the Subdivision Administrator takes formal action approving the plat, and the plat shall indicate by certification in Section 13.19 that approval has been given by the Subdivision Administrator on the face of the final recording plat. The copy shall be properly filed in the office of the Subdivision Administrator. Upon final recording plat approval, the Subdivider shall deposit, with the Subdivision Administrator, a check made payable to the Gaston County Register of Deeds in an amount covering the cost of recording the final plat and the cost of the certified copy for the City. The Subdivision Administrator or their designee shall promptly deliver the map to be recorded together with the Subdivider's check, to the Register of Deeds.

(Ord. No. 21-746, § 2, 9-21-21)

The plat to be recorded in the office of the Register of Deeds for Gaston County, North Carolina, shall comply with the requirements set forth in G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective August 1, 2002, or latest Amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 89C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps. The recording plat shall be identical to the preliminary plat insofar as subdivision lay-out, metes and bounds, control corners, street and alley rights-of-way easements, and any and all information necessary to be shown thereon for recording. Technical information required on the construction plan and which is not necessary for recording, as determined by the Subdivision Administrator, may be omitted from the recording plat.

(Ord. No. 21-746, § 2, 9-21-21)

(Ord. No. 21-746, § 2, 9-21-21)

In lieu of requiring the completion, installation and dedication of all improvements shown on the approved construction plans prior to approval of the final recording plat, the City may enter into an agreement with the subdivider whereby the subdivider shall agree to provide an improvement guarantee or security to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved, as outlined in Section 13.18, if all other requirements of this Ordinance are met. To secure this agreement, the subdivider shall provide to the City either one or a combination of guarantees in accordance with G.S. 160D-804.1. The subdivider shall choose the type of guarantee. The amount of such guarantee shall be equal to one hundred twenty-five (125) percent the cost of installing all required improvements, as proposed by the subdivider and verified by the City. All approved security guarantees shall be made payable to the City.

A.

Guarantee Submittal Requirements.

As determined by the City based on two (2) contractor's estimates or one engineer's estimate and one contractor's estimate. The estimate shall be valid through the life of the guarantee.

B.

Performance Guarantee.

The subdivider shall provide a performance guarantee which shall mean any of the following forms of guarantee per 160D-804.1(1):

1.

Surety bond issued by any company authorized to do business in this State. Any expenses associated with cost verifications incurred by the City shall be borne entirely by the subdivider;

2.

Letter of credit issued by any financial institution licensed to do business in this state; or

3.

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

The performance guarantee shall be deposited with the City.

The duration of the performance guarantee shall be for a minimum of two (2) years. If the improvements are not complete at the time the performance guarantee is set to expire, the performance guarantee shall be extended for an additional period until all required improvements are completed.

C.

Default.

That in case of a failure on the part of the subdivider to complete said improvements thirty (30) days prior to the expiration of the guarantee, the institution issuing such guarantee shall be notified of such action by the City. The City may take necessary action to redeem the guarantee and to install said improvements. The issuing institution shall then immediately pay to the City the requisite funds needed to complete the improvements, up to the full balance of the guarantee, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City. Any expenses associated with cost verifications incurred by the City shall be borne entirely by the subdivider.

D.

Release.

The Administrator may authorize the release of a portion of any guarantee posted as the improvements are completed and approved by the City. Said guarantees may be returnable in four (4) phases to the subdivider or other appropriate parties upon completion of twenty-five (25) percent, fifty (50) percent, seventy-five (75) percent, and one hundred (100) percent) of the necessary improvements. Completion of said phases shall be determined solely by the City. Such funds shall then be released within thirty (30) days after the corresponding improvements have been so approved. Provided however, the balance remaining as guarantee shall continue to equal one hundred twenty-five (125) percent the estimated cost of the remaining improvements, as verified by the City. Whenever a surety bond or letter of credit has been submitted, the Administrator shall notify the subdivider at least ninety (90) days prior to the time said guarantee is set to expire. If the subdivider does not extend or replace said guarantee within sixty (60) days of said notification, the Administrator shall, through the City Attorney's Office, and after notifying the City Clerk's Office, begin proceedings for calling upon the guarantee. Any extension or replacement shall be in an amount not to exceed one hundred twenty-five (125) percent of the reasonable estimated cost of the remaining incomplete improvements still outstanding at the time the extension is obtained. If the extension or replacement is in an amount less than the original guarantee, the subdivider shall provide an estimate supporting such reduced amount that meets the requirements of Section 13.20.2A above. Upon completion of all the improvements required herein, written notice shall be given by the developer to the Administrator. The City shall inspect said improvements within thirty (30) days and either recommend the release of the security given to the City or indicate to the developer any area of non-compliance.

(Ord. No. 21-746, § 2, 9-21-21)

Whenever a tract of land included within any proposed subdivision includes any part of a street or proposed street so designated on the CTP, excluding streets or proposed streets with full control of access, the Subdivider shall:

A.

Plat the part of such proposed public way in the location and to the width indicated on the CTP if such street is a part of the network of streets within or providing access to the proposed subdivision; or

B.

Reserve the part of such public way for street purposes and establish appropriate building setback lines therefore if such street is not a part of the network of streets within or providing access to the proposed subdivision.

For the purpose of this section. Full Control of Access means:

Connections to a facility provided only via ramps at interchanges. All cross-streets are grade-separated. No private driveway connections allowed. Control of access, which includes a control of access fence, is acquired along the entire length of the facility, and approximately 1000 feet beyond the ramp terminals on the Y lines (intersecting facilities) at interchanges, and approximately 300 feet on each side of the structure on Y lines at grade separations. Full control of access should be utilized on Freeways/Interstates.

(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 21-748, § 5, 10-19-21)

A.

Sections 13.24, 13.25, 13.26,13.27,13.23,13.29, 13.30, shall conform to the City of Gastonia Standards and Specifications Manual on file in the office of the Subdivision Administrator.

B.

The street layout of the subdivision shall be in conformity with a plan for the most advantageous development of the entire neighboring area. All proposed streets shall provide satisfactory alignment for continuation of existing, planned, or platted streets with which they are to connect. The Administrator shall have the authority to waive connections to existing planned or platted streets, taking into consideration development layout, existing right-of-way and other reasonable factors as deemed by the Administrator.

C.

When 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 runs parallel and adjacent to the railroad right-of-way.

D.

When a tract of land to be subdivided includes a major or minor thoroughfare as designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP), the Subdivider shall provide a separate street permitting access to the lots abutting the major or minor thoroughfare. When reverse frontage is established, see Section 13.7B, private driveways shall not have direct access to the major or minor thoroughfare.

E.

When a tract of land to be subdivided includes or provides access to a major or minor thoroughfare as designated on the most recently adopted version of the Comprehensive Transportation Plan (CTP), or when a tract of land to be subdivided includes or provides access to a street that does not meet the standards contained herein as a result of the development, the subdivider shall be responsible for said improvements.

F.

Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of gradient as specified in Section 13.25 of this Chapter.

G.

Street layout shall be so designed as to provide for future access to and not impose undue hardship upon developed or undeveloped property adjoining the subdivision.

H.

Half Street shall be prohibited, except where essential to the reasonable development of the subdivision in relation to surrounding property in conformity with other requirements of these and other regulations concerning land development or use, and where the TRC finds it practicable to require dedication of the other half when adjoining property is subdivided. Where a half street already exists adjacent to a tract to be subdivided, the other half shall be platted within such tract at the time of its subdivision.

I.

Traffic calming measures shall be employed in all new subdivisions. Streets shall be laid out in a manner to maximize internal and external connectivity, avoid excessive vehicular speeds, minimize cut-through traffic between thoroughfares, promote pedestrian safety, minimize dead-end streets, and avoid excessive block and straightway lengths. For additional requirements see Sec. 13.29 (D).

(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 25-827, § 1, 3-4-25)

Multiple accesses into a subdivision are required to be provided for additional ingress and egress. Any subdivision exceeding seventy-five (75) lots shall be provided with at least two (2) entrances and any subdivision exceeding one hundred and fifty (150) lots shall be provided with at least three (3) entrances on to a public street or interconnect to an adjoining/adjacent existing publicly maintained street, road or highway. Requirement for multiple entrances shall be based on the cumulative number of lots for a contiguous development, whether or not it is developed in phases. The administrator shall have the authority to waive the number of needed accesses, dependent upon development layout, size, environmental conditions and other reasonable factors. Subdivision entrances shall be no closer than two hundred (200) feet, as measured from the street centerlines. Subdivision entrances shall also comply with Fire Department requirements for remoteness.

(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 25-827, § 1, 3-4-25)

A.

Minimum street right-of-way widths shall be as follows:

1.

Freeways shall comply with the requirements of the City of Gastonia and North Carolina Department of Transportation as outlined in the most recently adopted Technical Report of the Comprehensive Transportation Plan (CTP).

2.

Major Thoroughfare streets shall comply with the requirements of the City of Gastonia and North Carolina Department of Transportation as outlined in the most recently adopted Technical Report of the Comprehensive Transportation Plan (CTP).

3.

Minor Thoroughfare streets shall comply with the requirements of the City of Gastonia and North Carolina Department of Transportation as outlined in the most recently adopted Technical Report of the Comprehensive Transportation Plan (CTP).

4.

See most recent City Specifications and Details for all street dimensions.

B.

Cul-de-sac or dead-end street layout for everything but R2D2 zoning district shall be as follows:

1.

Permanent dead-end streets shall be no more than eight hundred (800) feet in length.

2.

Dead-end streets shall terminate in a circular right-of-way with a minimum diameter of one hundred (100) feet, unless an equally safe and convenient form of turning space is approved by the Subdivision Administrator.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Grades.

1.

The minimum grades for Freeways, major and minor thoroughfares shall comply with the requirements of the City of Gastonia and North Carolina Department of Transportation.

2.

All other streets shall have grades no greater than ten (10) percent, unless prohibited by geographic or topographic conditions or otherwise approved by the Subdivision Administrator.

3.

No street shall have grades of less than one percent in the flow line, where concrete gutters are provided unless otherwise approved by the Subdivision Administrator.

B.

Vertical Curves.

All changes in street grade shall be connected by vertical curves of a minimum length as determined by City of Gastonia Standards and Specifications.

C.

Horizontal Curvature.

The minimum radius of horizontal curvature on the center line of a street shall be as follows:

1.

Major Thoroughfare Streets—Six hundred fifty (650) feet.

2.

Minor Thoroughfare Streets—Four hundred (400) feet.

3.

Other Streets—Two hundred fifty (250) feet. Developments following supplemental regulations of Chapter 8 including Planned Residential Development, Infill Residential Development, Traditional Neighborhood Development, and Single-family Attached Development may propose a reduced radius.

D.

Tangents.

Between reverse curves on thoroughfares there shall be a tangent of not less than one hundred (100) feet, except where curves are spiral curves; all other streets shall have a tangent of not less than fifty (50) feet between reverse curves, unless otherwise approved by the Subdivision Administrator.

E.

Intersections.

1.

All streets shall intersect at an angle as near ninety (90) degrees as possible and practicable.

2.

In the interest of greater safety and better traffic flow at street intersections or block corners, the property lines at the intersection shall be rounded by an arc of a radius of not less than twenty-five (25) feet on thoroughfares and by an arc of a radius of at least twenty (20) feet on all other streets.

3.

Where streets intersect at an angle of less than ninety (90) degrees, the foregoing radii shall be increased to lengths prescribed by the Subdivision Administrator.

(Ord. No. 21-746, § 2, 9-21-21)

Streets within the subdivision, and any other streets required to be opened to gain ingress and egress from existing streets into the subdivision, shall be graded by the Subdivider to their full right-of-way width so as to provide adequate shoulders and pedestrian walkways. Such grading and construction shall be done in accordance with the typical cross-section and profile approved by the Subdivision Administrator. The minimum distance permitted for any new street opened or constructed under this Chapter shall extend the entire length of property to be developed by the subdivider.

(Ord. No. 21-746, § 2, 9-21-21)

Approval of the preliminary plat by the TRC and/or Subdivision Administrator shall not constitute an acceptance of the streets for City maintenance. Streets will be accepted for City maintenance upon approval of a resolution by City Council.

(Ord. No. 21-746, § 2, 9-21-21)

The paving of any newly dedicated or opened street, when provided by the Subdivider, shall be installed in accordance with the specifications of the Subdivision Administrator for the particular street involved, as follows:

A.

The minimum paving for the major freeways and major thoroughfares shall comply with the requirements of the City of Gastonia and North Carolina Department of Transportation and as determined by the Subdivision Administrator after duly considering the needs of the City and the North Carolina Department of Transportation.

B.

Minimum paving for streets shall be in accordance with the City's Standard Specifications and Details.

C.

Concrete combination curb and gutter shall be installed along both sides of the street, and all such installations shall be in complete accordance with standards and specifications on file in the office of the Subdivision Administrator.

D.

Traffic calming measures shall be employed in all new residential subdivisions including but not limited to those that meet the criteria established in the City of Gastonia adopted policy for speed hump installation and speed limit reduction. The traffic counts and flow patterns through a proposed subdivision will be as projected by the Subdivision Administrator, or an alternative Traffic Study approved by the Subdivision Administrator. See Section 13-22 (I) for layout requirements.

(Ord. No. 21-746, § 2, 9-21-21)

The width of pavement shall be as follows:

A.

The minimum width for freeways, major and minor thoroughfares shall be as determined by the Subdivision Administrator after duly considering the needs of the City and the North Carolina Department of Transportation and as outlined in the most recently adopted Technical Report of the Comprehensive Transportation Plan (CTP).

B.

Major Thoroughfares which are determined by the Subdivision Administrator to be four (4) 12-foot traffic lanes shall not be less than fifty-three (53) feet back of curb to back of curb.

C.

Minor Thoroughfares which are determined by the Subdivision Administrator to be three (3) 12-foot traffic lanes shall not be less than forty-one (41) feet back of curb to back of curb.

D.

Collector Streets which are determined by the Subdivision Administrator to be two (2) 14.5-foot traffic lanes shall not be less than thirty-three (33) feet back of curb to back of curb.

E.

Other Collector Streets which are determined by the Subdivision Administrator to be three (3) 12-foot traffic lanes shall not be less than forty-one (41) feet back of curb to back of curb.

F.

Residential Streets shall be as per the City Specifications and Details.

G.

Cul-De-Sac or Dead-End Street pavement shall terminate with a paved turning area approved by the Subdivision Administrator.

H.

The minimum width for Marginal Access Streets shall be as determined by the Subdivision Administrator after duly considering the needs of the City and the North Carolina Department of Transportation.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Sidewalks shall be provided per Section 9.18.1.

B.

Green strips shall be provided per Section 9.18.2.

C.

Construction Standards.

Sidewalks shall be placed and constructed in accordance with all applicable City standards and specifications.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Subdivision in City.

When a subdivision is within the corporate limits, the Subdivider shall make a written application to the Subdivision Administrator for water supply lines and sanitary sewer collection lines in accordance with existing Ordinances and policies so as to provide water supply service and sanitary sewer service to every lot within the subdivision, and shall provide for all utility easements necessary in the extensions of these services.

B.

Subdivision Outside City but City Utilities Accessible.

When the subdivision is outside the corporate limits and the City's utilities are reasonably accessible, the Subdivider shall make a written application to the City for water supply lines and sanitary sewer lines in accordance with existing Ordinances and policies so as to provide water supply service and sanitary sewer service to every lot within the subdivision, and shall provide for all utility easements necessary in the extensions of these services. See the City's Policy for Utility Connections Outside City Limits.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Surface Water in Sanitary Sewers Prohibited.

No surface water drainage shall empty into any sanitary sewer line.

B.

Requirements When Public System Available.

If a public storm drainage system is reasonably accessible to the subdivision either by being within or by adjoining its boundaries, the Subdivider shall connect with such storm drainage system and shall do all grading and ditching, and shall provide and install all piping, appurtenances, and drainage structures deemed necessary by the Subdivision Administrator to properly carry the water to the storm drainage system.

C.

Requirements When Public System Not Available.

If a storm drainage system is not reasonably accessible to the subdivision, the Subdivider shall do all grading and ditching, provide and install all piping, appurtenances and structures that are necessary to properly carry the surface water to locations within the boundaries of the subdivision which are acceptable to the Subdivision Administrator.

D.

Construction Requirements.

The size, location, design of structures, mode of installation and type of materials for all construction of storm sewers shall be as approved by the Subdivision Administrator. All storm drainage system pipe bearing vehicular loading shall be reinforced concrete pipe (ASTM C-76, latest amendment). All storm drainage construction shall be in accordance with the City's standard specifications and shall be inspected during construction by the Subdivision Administrator or their representative.

E.

General Drainage and Utility Easement.

The Subdivider shall provide a general drainage and utility easement for each and every underground pipe or open ditch drain when located in other than a public right-of-way, and such easement shall be of a width satisfactory to the Subdivision Administrator.

F.

Enforcement of State, Municipal Regulations.

The Subdivision Administrator shall have the authority to enforce both the drainage laws of the State of North Carolina and the Code of Ordinances of the City of Gastonia within the area covered by this Chapter, as related to storm sewers and/or surface drainage.

G.

New Drainage-Ways.

1.

Where new drainage-ways are required, they shall be coordinated with existing and proposed general drainage systems and designed with due regard for safety, appearance and geological effects.

2.

Drainage-ways shall be located and constructed to maintain a natural appearance, shall be limited to safe water depths in easily accessible areas, and shall be designed to avoid excessive rates of flow, erosion or overflow into developed areas subject to damage.

3.

In circumstances where there is to be drainage-way between two (2) lot lines or crossing a lot(s) the drainage-way will be piped to the rear lot line or to a point as approved by the Subdivision Administrator.

H.

Subdivision Grading.

Subdivisions shall be graded in accordance with the most recent version of the "Subdivision Grading Minimum Design Standards."

(Ord. No. 21-746, § 2, 9-21-21)

A.

The width of the blocks shall be sufficient to allow two (2) tiers of lots of appropriate depth where possible.

B.

Block length shall be not less than four hundred (400) feet and shall not exceed one thousand two hundred (1,200) feet except in cases where, in the judgment of TRC, a longer block is necessary because of unusual topography or in order to complete a comprehensive neighborhood plan.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Double frontage lots shall be avoided wherever possible.

B.

Where public water and sewer facilities are not available each residential lot layout shall be as determined by the local agency having jurisdiction.

C.

Side lot lines shall be as near as is practicable at right angles to the straight street or radial to curved streets.

D.

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and developments contemplated.

(Ord. No. 21-746, § 2, 9-21-21)

A.

All Subdivision/Unified Development and all lots shown on a subdivision plat shall be in conformance with the applicable requirements of this Ordinance and shall have the written approval of the Zoning Administrator or their designee.

B.

For standards in this chapter that are in conflict with Section 8.1.11 Revised Residential Development Districts, the standards in Section 8.1.11 shall prevail.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Schools.

The City of Gastonia may accept the reservation of suitable areas for schools consistent with G.S. 160D-804(f).

(Ord. No. 21-746, § 2, 9-21-21)

Easements shall be provided for storm and sanitary sewers, electric power lines, water lines and other utilities in such widths, and at such locations as may be required by the Subdivision Administrator, in order to properly serve the lot and adjoining realty, but in no event shall the Subdivision Administrator require less than easements of ten (10) feet in width along all rear lines and exterior side lot lines, and five (5) feet in width along each side of all interior side lot lines. All off-street easements not contiguous and parallel to the public street right-of-way shall be located in/on areas dedicated as Common Open Space and be dedicated for pedestrian use by the public.

(Ord. No. 21-746, § 2, 9-21-21)

A.

The proposed name of the subdivision and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other subdivision or street in the area covered by this Chapter. Where proposed streets are continuations of existing streets, the existing street names shall be used.

B.

House or building numbers shall conform to the system established for the City and shall be assigned by the Engineering Department.

(Ord. No. 21-746, § 2, 9-21-21)

A.

Control Corner.

In accordance with G.S. ch. 39, art. 5A, whenever a Subdivider shall divide any parcel of real estate into lots and lay off streets, he shall cause at least one or more corners of the development to be designated as a control corner and place at such control corner a permanent marker. The permanent marker shall be as prescribed in the G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective August 1, 2002, or latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 89C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps.

B.

Lot Corners.

All lot corners shall be accurately established and shall be marked with a permanent or semi-permanent marker provided by the Subdivider and approved by the Subdivision Administrator, such as concrete monuments, or iron or steel pins or pipes of an appropriate length and driven in so as to project approximately two (2) inches above the ground. Front corner irons of lots should be placed after the streets are graded, so that sidewalk areas may be graded to the proper elevation without destroying the lot corners.

(Ord. No. 21-746, § 2, 9-21-21)

All subdivision proposals shall be consistent with the need to 1) minimize flood damage and 2) prevent impacts on protected areas shall meet the following standards:

A.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

B.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

C.

Base flood elevation data shall be provided for all subdivision and other proposed development submitted.

D.

All subdivisions must be in conformance with Section 7.6.1A17a.11 (no fill within the flood hazard area) of this Ordinance.

(Ord. No. 21-746, § 2, 9-21-21)

The subdivision administrator, in situations where the installation of certain public improvements would be impractical, serve no useful purpose, and/or would be untimely with respect to a future overall upgrading of facility, may permit or require the payment of the cost of building said certain improvements in lieu of the actual installations thereof.

(Ord. No. 21-746, § 2, 9-21-21)