This chapter shall be known and may be cited as the “Subdivision Regulations for Greenville, North Carolina,” and may be referred to as the “subdivision regulations” or “this chapter.”

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Public health, safety, economy, good order, appearances, convenience and the general welfare require the harmonious, orderly and progressive development of land within the city and its extraterritorial planning jurisdiction. In furtherance of this intent, regulation of land subdivision by the city has the following purposes, among others:

      (1)   To encourage economically sound and stable development in the city and its environs;

      (2)   To ensure the timely provision of required streets, utilities and other facilities and services to new land developments;

      (3)   To ensure adequate provision of safe, convenient vehicular and pedestrian traffic access and circulation in and through new land developments;

      (4)   To ensure provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, educational and other public purposes or the provision of funds in lieu of dedication;

      (5)   To ensure, in general, the wise and timely development of new areas in harmony with comprehensive plans as prepared and adopted by the city;

      (6)   To ensure accurate public records of land ownership, title transfer, the effective conduct of public and private business and the protection of private property rights; and

      (7)   To provide for and protect the option of the consumer to use alternative energy sources by such means as protecting solar access to promote site planning and design which demonstrates a concern for increased energy conservation in residential structures and increased use alternative energy systems to encourage the development of efficient street systems which are compatible with the aforementioned emphases on conservation and resource development and which facilitate development of alternative transportation systems; while not excluding other methods which can be demonstrated to facilitate energy efficient land use.

   (B)   These regulations are intended to provide for the harmonious development of the city and its environs, and in particular:

      (1)   For coordinating streets within new subdivisions with other existing planned streets or official adopted Highway Map of the Comprehensive Transportation Plan street;

      (2)   For appropriate shapes and sizes of blocks and lots;

      (3)   For providing land for streets, school sites and recreational areas and providing easements for utilities other public facilities and services;

      (4)   For distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity or general welfare; and

      (5)   For appropriate development of energy standards that lead to energy conservation and use of broad alternative energy resources.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 23-040, § 1, passed 5-11-2023)

   These regulations are enacted in accordance with the provisions of the North Carolina General Statutes, G.S. Chapter 160D, Article 8; G.S. Chapter 39, Article 5A; Chapter 47-30 through 47-32.1; G.S. Chapter 47A; G.S. Chapter 47C; and G.S. Chapter 136, Article 7 as amended.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   The regulations contained herein, as provided in G.S. 160D-201, shall govern each and every subdivision within the jurisdiction of the City of Greenville. Furthermore, the extraterritorial planning jurisdiction specified in the adopted ordinance has been drawn on a map and set forth in a written description, as amended, which has been duly recorded in the office of the Register of Deeds.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)   Involving lots fronting on an existing and/or approved street(s). In interpretation of this section, the term “lots fronting” shall be construed to include condominium and townhouse developments which share common area;

      (2)   Not involving the dedication or extension of any public street;

      (3)   Not involving the extension of public sanitary sewer, storm sewer or water lines; and

      (4)   Not involving the creation of residual parcels or lots.

      (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 existing standards of the municipality as shown in this chapter. In interpretation of this section, the term “previously subdivided and recorded lots” shall mean approved and recorded pursuant to the subdivision regulations in effect at the time of their creation;

      (2)   The division of land into parcels greater than ten acres where no street right-of-way dedication is involved. In interpretation of this section, the phrase “where no street right-of-way dedication is involved” shall be construed as meaning that any such parcels shall be served by an approved public street;

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

      (4)   The division of a tract in single ownership whose entire area is no greater than two 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 the municipality as shown in this chapter.

      (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. Chapter 29.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2432, § 1, passed 3-12-1992; Ord. No. 2516, § 1, passed 9-14-1992; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 14-049, § 10, passed 8-14-2014; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-032, § 1, passed 6-21-2021; Ord. No. 23-040, § 1, passed 5-11-2023)

   Any lot created in a manner contrary to the subdivision regulations in effect at the time of its creation, whether or not the lot was recorded, shall not be sold, offered for sale, used, occupied or recorded if previously unrecorded until the lot has been approved and recorded pursuant to the requirements provided herein.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Any lot created prior to existence of applicable subdivision regulations, whether or not the lot was recorded, shall not be sold, offered for sale, used, occupied or recorded if previously unrecorded without proper certification based on findings supported by adequate evidence that creation and recording of the lot (if recorded) was prior to existence of applicable subdivision regulations and that the area and the dimensions of the lot are as they existed prior to application of subdivision regulations.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Regulations set forth herein are part of a system of regulations governing land development and use. They supplement and are supplemented by zoning, health, drainage, flood hazard and other controls.

   (B)   Applications for subdivision approval shall be considered in relation to all such regulations applicable in the particular case, and not only in relation to the subdivision regulations set forth herein. Where there are conflicts between these and other lawfully adopted regulations involved in such considerations. Those which establish the highest requirements or more stringent limitations shall govern, except where specific exceptions are set forth in the regulations.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Within the jurisdiction of these regulations, no subdivision shall be made, platted or recorded for any purpose, nor shall parcels resulting from such subdivision be sold or offered for sale, nor shall any permit be issued for construction or use of any lot, unless the subdivision meets all of the requirements of these and applicable related regulations, as set forth in section 9-5-8, above.

   (B)   No plat of any subdivision within such jurisdiction shall be filed or recorded by the Pitt County Register of Deeds until it shall have been approved pursuant to these requirements and the approval entered in writing on the plat by the Chairperson of the Planning and Zoning Commission. Recordation for the purpose of correction or otherwise shall be subject to approval as provided herein for an original subdivision.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 23-048, § 14, passed 6-8-2023)

   (A)   The approval of a plat by the Planning and Zoning Commission or the Subdivision Review Board shall not be deemed to constitute or effect an acceptance by the city or the public of the dedication of any public street, facility or ground shown upon the plat. Acceptance of such dedications shall be made only by resolution of the City Council, following approval of the final plat by the Subdivision Review Board.

   (B)   Dedication of any street right-of-way shall be deemed to constitute and include a general utility easement.

   (C)   Acceptance of physical improvements will be made by the City Engineer and the General Manager of the Greenville Utilities Commission once the required improvements have been installed and are found to be in accordance with approved plans and city and Greenville Utilities Commission standards.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 1968, § 2, passed 3-9-1989; Ord. No. 23-040, § 1, passed 5-11-2023)

   (A)   No principal building, accessory building or structure shall be erected on a lot which does not abut an approved street.

   (B)   Any building erected in violation of this section shall be deemed an unlawful structure, and the city shall bring appropriate action or cause the building to be vacated or removed.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   The Planning and Zoning Commission shall approve and authorize any existing or proposed street or road located within the city.

   (B)   It shall be unlawful for any person to reference or propose any new street or road name on any plat, or in any deed or instrument without first receiving the approval of the Planning and Zoning Commission.

   (C)   Street names shall be no longer than 14 characters, including letters and spaces, and not including the suffix (i.e., road, street, avenue) and block number. Street names longer than 14 characters may be approved by resolution of the City Council. Street names longer than 14 characters should generally be used only to honor individuals, events or locations and the name necessary for that purpose is longer than 14 characters.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2106, § 2, passed 12-11-1989; Ord. No. 23-048, § 16, passed 6-8-2023)

   Each individual subdivision plat of land within the city’s jurisdiction shall be approved by the Planning and Zoning Commission as provided in G.S. 160D-803 prior to recordation in the Register of Deeds.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   (A)   No public street shall be maintained by the city nor any street dedication accepted for ownership until the final subdivision plat has been approved by the Planning and Zoning Commission and recorded in the Register of Deeds.

   (B)   Public improvements may be extended by the property owner within the subdivision after the preliminary plat has been approved by the Planning and Zoning Commission and all conditions of approval are met, including but not limited to construction plan approval as provided herein. However, no building permit shall be issued until the final plat has been approved as provided herein and recorded in the Register of Deeds. Building permits may be issued within any group housing, condominium and townhouse type development following preliminary plat and construction plan approval, provided the lot containing the use is an existing lot of record platted pursuant to the requirements contained herein. Final plat(s) shall be required for the dedication of easements prior to the occupancy of any unit or structure. Minor subdivision for the purpose of creating unit ownership or other means of division shall be required prior to the transfer of title to any building, unit and/or parcel within the development.

(Ord. No. 1941, § 1, passed 1-12-1989)

   The Planning and Zoning Commission shall act in lieu of the City Council as provided in G.S.160D-803(c) concerning the approval of all preliminary and final subdivision plats.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   The Subdivision Review Board shall act in lieu of the Planning and Zoning Commission as provided in G.S. 160D-803(c) concerning the approval of all minor and final subdivision plats and soil erosion and sedimentation control plans.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   (A)   Final subdivision plats. An approved and recorded final subdivision plat shall constitute “evidence of compliance” under the terms of G.S. 160D-202(i) for the purpose of subdividing property and constructing improvements required to obtain final plat approval under county standards, and shall confer the right to complete the subdivision under the county regulations governing the approved final plat; provided, all future construction and/or use of lots in the subdivision shall be in compliance with the zoning regulations of the city as contained in Chapter 4 of Title 9 of the Greenville City Code.

   (B)   Preliminary subdivision plats. A preliminary subdivision plat shall not constitute “evidence of compliance” under the terms of G.S. 160D-202(i) for the purpose of obtaining approval for a final plat under sections 9-5-51 through 9-5-59 of the Greenville City Code. However, an opportunity to complete a subdivision as proposed on a preliminary plat will be available under the following conditions:

      (1)   A final subdivision plat meeting the rules for submission has been submitted to the county for final consideration on or before the date the property becomes subject to the regulations of this Chapter 5; or

      (2)   In the absence of a pending final plat in accordance with subsection (B)(1) above, the owner/developer must present to the city adequate evidence of substantial investment in reliance on the preliminary plat, or those portions of a preliminary plat which have not been approved as phases under final plats. The Director of Planning and Development Services or designee shall determine whether substantial investment has been made, taking into consideration the percentage of the preliminary plat which has been constructed under approved final plats or is subject to a pending or is subject to a pending or approved final plat, the extent to which a unified design for the entire subdivision is evident in the preliminary plat and any pending or approved final plats for phrases of the preliminary, the installation of subdivision improvements (including water, sewer or waste disposal, drainage, lighting, common areas, streets or roads), or the construction or work toward construction of any improvements or amenities in the area subject to the preliminary plat. If the Director of Planning and Development Services determines that there is a substantial investment in the preliminary plat, or that portion of the preliminary plat which is not covered by pending or approved final plats, the Director of Planning and Development Services or designee shall issue a written notice to the owner/developer confirming an opportunity to complete the subdivision as proposed on the preliminary plat. The opportunity to complete the subdivision or portions thereof in accordance with the preliminary plat shall be afforded notwithstanding noncompliance with the requirements of this Chapter 5 of Title 9 of the Greenville City Code. An appeal from the decision of the Director of Planning and Development Services or designee may be taken to the Planning and Zoning Commission.

      (3)   A preliminary plat approved for completion under subsection (B)(2) shall be valid for the period set forth by the approving jurisdiction or five years, whichever is less.

      (4)   Any change to a preliminary plat approved for completion under subsection (B)(2) above shall be in compliance with the requirements of this Chapter 5, Title 9 of the Greenville City Code. Minor deviations may be approved by the Director of Planning and Development Services or designee, where the approval of the deviation is in keeping with the general policy of this subsection (B).

      (5)   Nothing in this section shall be construed to exempt or exclude applicable Zoning Ordinance restrictions or requirements currently in effect, including but not limited to lot width, lot area or street frontage.

      (6)   In the interpretation of the conditions stated above, the Director of Planning and Development Services or designee shall be guided by the general policy underlying these transition regulations for developing property brought into the extraterritorial jurisdiction. The general policy is to allow the completion under county regulations of those subdivisions which have been started under county regulations. The greater the investment in construction under previous regulations, and the greater the percentage of units constructed in accordance with the original design of the subdivision, the stronger the policy justification for allowing completion under the original design and preliminary plat.

(Ord. No. 1969, § 1, passed 3-9-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-032, § 1, passed 6-21-2021)

   Pursuant to G.S. 47-30(11), prior to the recordation of a plat which shows or includes, in whole or in part, property located within the jurisdiction of the city for purposes of land development regulation, and which plat contains a surveyor’s certificate as provided in G.S. 47-30(11)d., “that the survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision”, then the plat shall be first presented to the City Planning Department for review. Upon review by the city, the plat will not be approved for recordation if, by dividing, recombining, consolidating, or otherwise altering existing lot lines, it results in a violation of, or is otherwise inconsistent with, any land development regulation of the city. Such a determination by the city shall be noted by affixing to the plat a statement of non-approval, in which case the plat may not be presented for recordation. If the city, upon its review of the plat, determines that its contents are consistent with the city’s land development regulations, or that no city approval is otherwise required, then it will affix to the plat a certificate of approval, or a statement that no approval is required, and the plat may be presented for recordation.

   The following is the language that will be affixed to the plat:

   CITY OF GREENVILLE CERTIFICATION OF APPROVAL

   “I, _________________________, the City Planner of the City of Greenville, NC, certify this map or plat is an exemption to the definition of a subdivision and exceeds the minimum land development regulations of the City of Greenville. This plat is approved for recordation.

   _______________________      ____________

   City Planner               Date

(Ord. No. 24-004, § 1, passed 1-11-2024)

   (A)   Pursuant to G.S. 160A-373, no final subdivision plat within the jurisdiction of the City of Greenville shall be recorded by the Register of Deeds of Pitt County until it has been approved by the Planning and Zoning Commission and the Subdivision Review Board as provided herein. To secure final plat approval, the subdivider shall follow the procedures and requirements established in this article, the Manual of Standard Designs and Details and the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission which are incorporated herein by reference. Copies of the Manual of Standard Designs and Details may be purchased from the Development Department or City Clerk. Copies of the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission may be purchased from the Greenville Utilities Commission.

   (B)   Preliminary plats shall be approved by the Planning and Zoning Commission. Final plats shall be approved by the Subdivision Review Board; provided, however, the final plat conforms substantially to the approved preliminary plat or section thereof. If the final plat differs substantially from the approved preliminary plat, the subdivider will be required to resubmit the preliminary plat to the Planning and Zoning Commission for approval.

   (C)   The Planning and Zoning Commission and Subdivision Review Board shall meet in accordance with adopted rules of procedure and the North Carolina Open Meetings Law.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Preliminary and final plats shall be required for all subdivisions, and every plat shall be prepared by a registered land surveyor or professional engineer duly authorized under the laws of this state to prepare such plats.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Preliminary plats shall be approved by the Planning and Zoning Commission. Approval shall be recorded in writing by the Chairperson of the Planning and Zoning Commission before final plats are submitted. Such approval shall confer upon the subdivider the right for a five-year period from the date of approval that the terms and conditions under which the preliminary approval was granted will not be changed for the plat. The five-year period shall start from the Planning and Zoning Commission meeting date at which approval was granted. If the property as indicated on the preliminary plat is not platted as provided herein in its entirety within the five-year period, the preliminary plat or portion thereof not platted shall be subject to revision and compliance with the restrictions and requirements currently in effect. The five-year provision shall not be construed to exempt or exclude applicable Zoning Ordinance restrictions and requirements currently in effect.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All preliminary plats shall be submitted to the Director of Planning and Development Services or designee, as agent for the city Planning and Zoning Commission, at least 30 working days prior to the scheduled meeting date of the Planning and Zoning Commission. Working days shall not be construed to include city-observed holidays or weekends. It is the intent of the City of Greenville and Utilities Commission staff and other agencies to review all properly submitted plats in a timely manner, which will afford the subdivider a reasonable period of time within which to respond to all comments and/or requested revisions. All plats submitted in accordance with the minimum requirements contained herein shall be available for revision not less than 20 working days prior to the scheduled meeting date. Plats revised pursuant to the initial review and as required shall be submitted to the Director of Planning and Development Services or designee in accordance with section 9-5-45(A)(8)(b) and (c), below, not less than 16 working days prior to the scheduled meeting date.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. No. 17-030, § 1, passed 4-10-2017; Ord. 19-045, § 1, passed 9-12-2019)

   All applications for preliminary plat approval shall be submitted in accordance with and contain the following information:

   (A)   Format.

      (1)   Scale of one inch equal to 200 feet or larger;

      (2)   Drawn in ink or pencil on Mylar film;

      (3)   Mylar film size shall be a minimum of 18 inches by 24 inches and a maximum of 30 inches by 42 inches;

      (4)   Boundary lines shall be distinctly and accurately represented, all bearings and distances shown, with an accuracy of closure of not less than one in 2,500 and in accordance with the Standards of Practice for Land Surveying in North Carolina;

      (5)   Elevation and benchmarks shall be referenced to National Geodetic Vertical Datum (NGVD);

      (6)   Prepared by a professional engineer;

      (7)   Multiple sheets shall be collated and stapled. Match lines shall be clearly indicated;

      (8)   (a)   Fifteen blueline paper copies at the time of original submission for departmental review;

         (b)   Two blueline paper copies shall be submitted for each review department requesting revisions. Following the total number is to be specified by the Director of Planning and Development Services or designee;

         (c)   Fifteen blueline paper copies shall be submitted to the Planning and Zoning Commission following the initial review;

         (d)   Three Mylar film copies for disposition in accordance with section 9-5-48, upon request of the Director of Planning and Development Services or designee.

      (9)   List of all adjoining property owners within 100 feet, their current mailing addresses. Such list shall be obtained from the Pitt County tax records and shall display the signature of the person preparing the plat;

      (10)   Shall conform to the applicable provisions of the Manual of Standard Designs and Details. The following certificates shall be required:

         (a)   Standard title block for preliminary plats; and

         (b)   Standard approvals information block.

      (11)   A fee shall be paid to the city for each application for a preliminary plat and the fee shall be set out in the Manual of Fees for the City of Greenville; and

      (12)   Owner’s statement. The owner or agent of the owner shall submit a signed statement requesting Planning and Zoning Commission consideration of the preliminary plat as submitted and acknowledging that such approval is subject to approval of a construction plan as provided herein. The statement shall be on the preliminary plat approval procedure, format, mapping and application requirement sheet as provided by the Planning and Development Services Department.

   (B)   General information.

      (1)   Subdivision name;

      (2)   The name(s) of the city, township, county and state in which the subdivision is located;

      (3)   Name, address and telephone number of land owner(s);

      (4)   Name, address and telephone number of the subdivider and/or developer;

      (5)   Name, address and telephone number of the engineer preparing the plat;

      (6)   North Carolina registration number and seal as listed per subsection (B)(5) above;

      (7)   Locational vicinity map, at a scale of one inch equal to 1,000 feet showing the subdivision in relation to major and minor roads or streets, natural features, existing city limit lines and other obvious references;

      (8)   Date of original survey, plat preparation and/or revision(s);

      (9)   Number of sheets; and

      (10)   Scale denoted both graphically and numerically.

   (C)   Site information.

      (1)   North arrow and delineation as to whether true, grid or magnetic, including date;

      (2)   Existing, platted and proposed streets, their names and numbers (if state marked routes) shown and designated as “public” indicating right-of-way and/or easement widths, pavement widths, centerline curve and corner radius data, including sight distance triangles and typical cross- sections. All streets indicated on the Highway Map of the Comprehensive Transportation Plan shall indicate future right-of-way widths;

      (3)   Proposed and existing lot lines within the subdivision showing approximate dimensions. Plat references shall be indicated for existing lots;

      (4)   Location of all existing buildings with exterior dimensions including heights, number of stories, distance to existing and proposed lot lines, private drives, public rights-of-way and easements;

      (5)   Existing and proposed property lines, public streets, right-of-way and/or easement widths, pavement widths, easements, utility lines, hydrants, recreation areas or open spaces on adjoining property;

      (6)   Ownership of all contiguous property indicated and referenced by deed book/map book and page number;

      (7)   Existing zoning classification(s) boundaries of the tract to be subdivided and on adjoining property within 100 feet;

      (8)   Political subdivision(s) including city limit lines, township boundaries and county lines;

      (9)   Watercourses, railroads, bridges, culverts, storm drains, wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or stream beds, ditches or other natural or improved features which affect the site;

      (10)   Proposed pedestrian, riding, bicycle trails or easements, their location, width and purpose;

      (11)   Sites proposed to be dedicated or reserved for public or private purposes including location, intended use, size and expected future ownership and maintenance of such spaces;

      (12)   Recreation area(s) as required and pursuant to the City Code and Comprehensive Plan. If such subdivision is for residential purposes, indicate the location of all public parks or recreation areas within one-half-mile radius;

      (13)   Statement of proposed ownership and maintenance or other agreements when private recreation areas are established;

      (14)   Topography (existing and proposed) at a contour interval of one foot, based on mean sea level datum, with an accuracy of plus or minus 0.5 foot and referenced to the National Geodetic Vertical Datum (NGVD);

      (15)   Existing and proposed watercourses, their names, direction of flow, centerline elevations, cross-sections, and any other pertinent datum;

      (16)   Floodway zone and floodway fringe zone shown, indicating base flood elevations for all lots adjoining such zones;

      (17)   Lot numbers and block numbers in consistent and logical sequence;

      (18)   Water supply watershed district boundary;

      (19)   Fire hydrant locations and connections;

      (20)   Water main locations, connections and anticipated sizes;

      (21)   Sanitary sewer main locations, connections and anticipated sizes;

      (22)   Storm sewer main locations, connections, and anticipated sizes;

      (23)   Street and lot drainage correlated to the city drainage system, including break points and the direction of surface water flow on each lot, street and ditch;

      (24)   Easements, including but not limited to electric, water, sanitary sewer, storm sewer, drainage, gas or other service delivery easements including their location, width and purpose;

      (25)   Environmental Health Department approval attached if public water and sanitary sewer systems are not available;

      (26)   Distance to and location of public water and sanitary sewer systems if such facilities are not available;

      (27)   The following in tabular form:

         (a)   Lineal feet in streets;

         (b)   Number of lots created;

         (c)   Acreage in total tract; and

         (d)   Acreage in parks, recreation areas, common areas and the like.

      (28)   The name and location of any property within the proposed subdivision or within any contiguous property that is listed on the National Register of Historic Places, or that has been designated by ordinance as a local historic property and/or district;

      (29)   Environmental impact statement pursuant to G.S. Chapter 113A. The Planning and Zoning Commission may require the subdivider to submit an environmental impact statement with the preliminary plat if:

         (a)   The development exceeds two acres in area; and

         (b)   The Board deems it necessary due to the nature of the land to be subdivided or peculiarities in the proposed layout.

      (30)   Statements on the plat that:

         (a)   Construction plan approval from Greenville Utilities Commission and City of Greenville shall be obtained prior to construction of any street, water and/or sanitary sewer and storm drainage system;

         (b)   All required improvements shall conform to the city Manual of Standard Designs and Details and the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission; and

         (c)   All lots shall equal or exceed the minimum development standards of the city Zoning Ordinance.

      (31)   Any other information considered by either the subdivider or the Planning and Zoning Commission to be pertinent to the review of the preliminary plat; and

      (32)   Written statement addressing the reasons for being unable to meet the minimum requirements as listed above under this section.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2379, §§ 1, 2, passed 10-10-1991; Ord. No. 2501, § 1, passed 8-13-1992; Ord. No. 97-80, § 1, passed 8-14-1997; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. No. 14-049, 11, passed 8-14-2014; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 23-040, § 1, passed 5-11-2023)

   (A)   The Planning and Zoning Commission shall review and take action on each preliminary plat duly presented to the Director of Planning and Development Services or designee. Before taking final action on the plat, the Planning and Zoning Commission shall hear the report of the Director of Planning and Development Services or designee and other public officials and agencies concerning the proposed development. If the preliminary plat is disapproved, the Planning and Zoning Commission shall specify the reasons for such action in writing.

   (B)   Before final action is taken by the Planning and Zoning Commission on a preliminary plat, notice that the preliminary plat will be reviewed at a meeting shall be published. the notice shall be given once a week for two successive weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than 25 days before the date of the meeting. In computing such period the day of publication is not to be included by the day of the meeting is to be included.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. No. 16-051, § 1, passed 8-18-2016; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 21-032, § 1, passed 6-21-2021)

   The City of Greenville Director of Planning and Development Services or designee, City Engineer, Director of Public Works, Chief of Fire and Rescue, and Director of Recreation and Parks; Greenville Utilities Commission gas, electric, water/sewer engineering; Pitt County Drainage District; and Pitt County Environmental Health Department, if applicable, shall furnish in writing their approval or disapproval of the preliminary plat.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   (A)   Following the preliminary plat approval, not to exceed five years, a construction plan for the entire development shall be submitted to the City Engineer and the general manager of the Greenville Utilities Commission for review and approval. The construction plan may be submitted in phases.

   (B)   The subdivider shall submit a construction plan to the city and Greenville Utilities Commission for review and approval prior to the construction or improvement of any street, water line, sanitary sewer, storm sewer, drainage facility or other improvement.

   (C)   The City Engineer and the General Manager of the Greenville Utilities Commission or their respective designee shall have final joint approval authority of any construction plan. Such approval shall be noted in writing on the plan prior to construction of any public or private facility or structure. Grading and storm drainage improvements may be allowed following the approval of the City Engineer prior to state approval of proposed utility improvements.

   (D)   Submission requirements and review procedure for all construction plans shall be submitted in accordance with the Manual of Standard Designs and Details and the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   The location, dimension and extent of all proposed improvements shown on the construction plan shall coincide with the preliminary plat as approved by the Planning and Zoning Commission.

   (B)   Minor alterations that, in the opinion of the Director of Planning and Development Services or designee, City Engineer and General Manager of Greenville Utilities Commission, do not substantially deviate from the approved preliminary plat may be allowed. Such minor alterations may include but not be limited to the relocation, dimension and extent of proposed improvements due to engineering necessity.

   (C)   Major alterations that, in the opinion of the Director of Planning and Development Services or designee, City Engineer and General Manager of Greenville Utilities Commission, do in fact involve substantial deviation from the approved preliminary plat shall not be allowed. Major alterations may include but not be limited to the relocation, deletion, addition, dimension and extent of proposed improvements which alter: street alignment, interior arrangement, continuation and/or projection; lot and/or block dimension inconsistent with applicable requirements; increase the total number of lots; increase the volume and/or location of off-site drainage; or other condition found to be injurious to either surrounding properties or the City of Greenville. Appeal from this section may be taken to the Subdivision Review Board.

   (D)   The subdivider shall revise the preliminary plat, as approved pursuant to subsection (B), above, to reflect all such minor alterations. Copies shall be submitted for disposition in accordance with section 9-5-48, above, prior to obtaining construction plan approval as provided herein.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   (A)   The final plat and all required materials shall be submitted to the Director of Planning and Development Services or designee as agent for the Planning and Zoning Commission not less than ten working days prior to the scheduled Subdivision Review Board meeting. Working days shall not be construed to include city observed holidays or weekends.

   (B)   No final plat shall be submitted until the subdivider has obtained preliminary plat approval as required under this chapter.

   (C)   No final plat shall be approved until the subdivider has installed in the proposed subdivision or section thereof to be recorded all improvements required by this chapter or shall have guaranteed their installation as provided herein.

   (D)   The final plat shall substantially conform to the preliminary plat as approved. If the final plat does not substantially conform to the preliminary plat as approved the Planning and Zoning Commission may consider appropriate revision to the previously approved preliminary plat as provided by this chapter. The Planning and Zoning Commission shall reserve the right to deny revision of any preliminary plat where it is found the revision, deletion or addition thereto would not be in the best interest of the adjoining or surrounding property owners or the City of Greenville.

(1971 Code, § 9-5-60) (Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   All applications for final plat approval shall be submitted in accordance with and contain the following information:

   (A)   Format.

      (1)   Scale of one inch equal to 100 feet or larger;

      (2)   Drawn in ink on Mylar film;

      (3)   Mylar film shall be 18 inches by 24 inches at 0.003 to 0.004 inch thickness;

      (4)   Boundary lines shall be fully dimensioned by lengths and bearing with an error of closure not less than one in 5,000 and in accordance with the Standards of Practice for Land Surveying in North Carolina related to true, magnetic median or North Carolina grid coordinate system. All dimensions shall be measured to the nearest one-hundredth of a foot and all angles to the nearest minute;

      (5)   Prepared by a surveyor licensed and registered in the State of North Carolina;

      (6)   Multiple sheets shall be collated and stapled (paper copies only). Match lines shall be clearly indicated;

      (7)   (a)   Twelve blueline paper copies at the time of original submission for departmental review;

         (b)   Two blueline paper copies shall be submitted, for each review department requesting revision, following the initial review. The total number is to be specified by the Director of Planning and Development Services or designee; and

         (c)   The original drawing and three Mylar film copies for disposition in accordance with section 9-5-55, upon request of the Director of Planning and Development Services or designee.

      (8)   One copy of the declaration of covenants, conditions and restrictions or otherwise as required pursuant to the North Carolina General Statutes. Such agreements shall be approved by the city prior to final plat approval;

      (9)   (a)   If utility, street or other improvements as required have not been installed and approved by the city and Greenville Utilities Commission at the time of submission of the final plat, the subdivider shall transmit one copy of a written estimate (prepared by a professional engineer) of such necessary improvements to the city for review and approval at the time of the original submission of the final plat.

         (b)   A surety agreement duly executed shall be filed with the City Engineer not less than three working days prior to the scheduled Subdivision Review Board meeting. Working days shall not be construed to include city observed holidays or weekends.

         (c)   In cases where a payment in lieu of dedication of land is due, a certified check payable to the City of Greenville in the full amount of the payment shall be required prior to approval.

      (10)   Shall be submitted in accordance with the Manual of Standard Designs and Details. The following certificates shall be required:

         (a)   Standard title block;

         (b)   Standard source of title information block;

         (c)   Standard owners statement block;

         (d)   Standard approvals information block;

         (e)   Standard dedication information block; and

         (f)   Standard certification block.

      (11)   A filing fee shall be paid to the city for each application for a final plat and the fee shall be set out in the Manual of Fees for the city;

      (12)   Certified copy of the construction permit issued by the North Carolina Health Department for water supply and sewerage system to serve the land included within the final plat, if not to be served by a public utility system; and

      (13)   When property outside the existing city limits is subdivided and sanitary sewer service is requested or required, an annexation petition and required maps shall be submitted to the Director of Planning and Development Services or designee. Pursuant to this requirement, no final plat shall be recorded until the property contained within the plat has been annexed to the City of Greenville. Delay of the effective date of annexation as established by ordinance of City Council shall not delay recordation of such plat.

   (B)   General information.

      (1)   Subdivision name;

      (2)   The name(s) of the city, township, county and state in which the subdivision is located;

      (3)   Name, address and telephone number of land owner(s) or legal agent;

      (4)   Name, address and telephone number of the surveyor preparing the plat;

      (5)   North Carolina registration number and seal as listed per subsection (B)(4) above;

      (6)   Locational vicinity map, at a scale of one inch equal to 1,000 feet showing the subdivision in relation to major and minor roads or streets, adjacent subdivision sections, political divisions, landmarks or other obvious references;

      (7)   Date of original survey plat preparation and/or revision(s);

      (8)   Number of sheets; and

      (9)   Scale denoted both graphically and numerically.

   (C)   Site information.

      (1)   North arrow and delineation as to whether true, grid or magnetic, including date;

      (2)   Street names and designation as to public or private;

      (3)   Right-of-way and/or easement widths, pavement widths, and sight distance triangles of all streets within the subdivision;

      (4)   Right-of-way and/or easement widths and pavement widths of all adjacent streets;

      (5)   Location of all points of curvature and tangency;

      (6)   Location of all points of intersection where circular curves are not used;

      (7)   Property lines with bearings or deflection angles, arc lengths, chord length (indicated by dashed lines) as appropriate;

      (8)   The delta angle, degree of curve, tangent distance, radius and method (arc or chord) for each curve;

      (9)   Sufficient surveying data to determine readily and reproduce on the around every straight or curved boundary line, street line, lot line, right-of-way line, easement line and setback line;

      (10)   Accurate location and description of all monuments, markers and control points;

      (11)   Location, description and use of all existing and proposed easements;

      (12)   Location, description and use of any sites proposed for dedication or reservation for public purposes;

      (13)   Location, description and use of all pedestrian, riding, bicycle trails or natural buffers to be dedicated or reserved for public purpose;

      (14)   Location, description and use of areas to be used for purposes other than residential;

      (15)   Property lines and ownership of all contiguous property indicated and referenced by deed book/map book and page number;

      (16)   Location of existing buildings or structures, watercourses, railroads, bridges, culverts, storm drains, corporate limits, township boundaries, county lines and easements both on the land to be subdivided and immediately adjoining thereto;

      (17)   When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dashed lines and identification of the respective tracts shall be shown on the plat;

      (18)   Floodway zone and flood fringe zone, indicating base flood levels and minimum building elevations for all lots adjoining such zones;

      (19)   Water supply watershed district boundary and certificate of approval for recording in accordance with Title 9, Chapter 4, Zoning;

      (20)   The area in square feet of each proposed lot and common area within the subdivision;

      (21)   Block and lot numbers in consistent and logical sequence;

      (22)   The following in tabular form:

         (a)   Number of lots created;

         (b)   Acreage in total tract;

         (c)   Acreage in common area(s); and

         (d)   Acreage in parks, recreation areas and the like.

      (23)   The name and location of any property within the proposed subdivision or within any contiguous property that is listed on the National Register of Historic Places, or that has been designated by ordinance as a local historic property and/or district;

      (24)   Any other information considered by either the subdivider or the Planning and Zoning Commission to be pertinent to the review of the final plat; and

      (25)   Written statement addressing the reasons for being unable to meet the minimum requirements as listed above under this section.

(1971 Code, § 9-5-61) (Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2379, §§ 3, 4, passed 10-10-1991; Ord. No. 2501, § 2, passed 8-13-1992; Ord. No. 97-80, § 2, passed 8-14-1997; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   The Subdivision Review Board shall review and take action on each final plat duly presented to the Director of Planning and Development Services or designee. Before taking action on the plat, the Subdivision Review Board shall hear the report of the Director of Planning and Development Services or designee and other public officials and agencies concerning the proposed final plat.

(1971 Code, § 9-5-62) (Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   The City of Greenville Director of Development or designee, City Engineer, Greenville Utilities Commission gas, electric, water/sewer engineering; and Pitt County Environmental Health Department, if applicable, shall furnish in writing their approval or disapproval of the plat.

(1971 Code, § 9-5-63) (Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006)

   If the final plat is approved, the subdivider shall transmit the original drawing, and three Mylar film copies as required to the Director of Planning and Development Services or designee for signature, recordation and distribution as follows:

   (A)   Pitt County Register of Deeds   Original drawing

   (B)   Planning and Development Services   One Mylar copy

   (C)   Greenville Utilities Commission   One Mylar copy

   (D)   Person or firm preparing the plat      One Mylar copy

(1971 Code, § 9-5-64) (Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   The Director of Planning and Development Services or designee shall record the original drawing of the final map in the Pitt County Register of Deeds together with all applicable documents not more than five working days following final approval unless as further provided herein.

(1971 Code, § 9-5-65) (Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 06-75, § 2, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   The City of Greenville shall, in no event, be required to open, operate, repair or maintain any street or other land or facility offered for dedication prior to the city’s acceptance, by resolution of City Council, of such dedication.

(1971 Code, § 9-5-66) (Ord. No. 1941, § 1, passed 1-12-1989)

   For any replatting or resubdivision of land, the same procedures, rules, relations and requirements shall apply as prescribed herein for an original subdivision.

(1971 Code, § 9-5-67) (Ord. No. 1941, § 1, passed 1-12-1989)

   Preliminary and final plats shall be denied in accordance with the provisions of section 6-5-27 of the City Code.

(1971 Code, § 9-5-68) (Ord. No. 07-33, § 5, passed 3-8-2007)

   Arrangement, character, extent, width, grade and location of all streets shall conform to the Highway Map of the Comprehensive Transportation Plan of the city and elements thereof officially adopted.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 23-040, § 1, passed 5-11-2023)

   The following design standards shall apply to all streets in proposed subdivisions:

   (A)   The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographical and soil conditions, to public convenience and safety and in their appropriate relation to the proposed use of the land to be served by such streets.

   (B)   Where there exists a conflict between city and state street standards, the more restrictive shall apply.

   (C)   The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas.

   (D)   Where a new subdivision adjoins unsubdivided land susceptible to being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided; and the arrangement shall make provision for the logical and proper projection of such streets.

   (E)   Where a new subdivision adjoins unsubdivided lands that do not have direct and adequate access to an approved public street, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided to ensure the adjoining lands of direct and adequate access. Private streets shall not constitute direct and adequate access for purposes of this section.

   (F)   In cases where a subdivider is required to carry a new street to the boundary of the tract to be subdivided and the boundary line is a ditch, canal or other drainage facility, the subdivider shall dedicate the appropriate land to the boundary of the tract to be subdivided and construct or guarantee the required improvements to the boundary or to a further point as provided by private agreement.

   (G)   Dead end streets in excess of 150 feet shall be provided with a turnaround that is compliant with Section D103 of Appendix D of the North Carolina State Building Code Fire Prevention Code, unless otherwise approved by the Public Works Director. Turn around shall be maintained by the Developer until such time as 80% of the lots in the subdivision have obtained a certificate of occupancy.

   (H)   Reserve strips controlling access to public streets shall be prohibited except under conditions approved by the Planning and Zoning Commission.

   (I)   The street arrangement within new subdivisions shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it or affect the health, safety and welfare of property owners and residences in the surrounding area. Streets within or adjacent to subdivisions intended for residential purposes shall be so designed that their use by through traffic shall be discouraged except, however, where such streets are existing or proposed thoroughfares.

   K)   Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Planning and Zoning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted and improved within such tract.

   (L)   Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street. Addresses shall be assigned in accordance with the address numbering system in effect in the city.

   (M)   The vacation of any street or part of a street dedicated for public use, if such vacation interferes with the uniformity of the existing street pattern or any future street plans prepared for the areas, shall not be permitted.

   (N)   Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision.

   (O)   All buildings shall be located within proximity of an approved street in accordance with Title 9, Chapter 4, Article F and within an acceptable distance to a fire hydrant, which has been connected to a public water supply system, approved by the city and the Greenville Utilities Commission. The hydrant shall be installed within the right-of-way or easement of a street or as otherwise approved by the Chief of Fire and Rescue and Greenville Utilities Commission. Hydrant locations and requirements shall be in accordance with the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission.

   (P)   Each lot created within a subdivision shall have direct access to an approved street in accordance with the Zoning Ordinance or as provided by subsection (V) below.

   (Q)   Street jogs with centerline offsets of less than 150 feet shall not be allowed.

   (R)   Street intersections shall not include more than four street approaches.

   (S)   Streets shall be designed to intersect as nearly as possible at right angles, and no street shall intersect another at less than 60 degrees.

   (T)   Loop/connecting streets which begin and terminate without intersecting another street providing access to the general street system shall not exceed 2,000 feet as measured along the centerline of the street.

   (U)   Cul-de-sac/terminal streets shall only be utilized either when the extension of the proposed street is infeasible due to one or more of the following conditions listed under subsection (U)(1) below, or when the street meets all the conditions listed under subsection (U)(2) below.

      (1)   Such streets shall only be utilized when the extension of the proposed street to adjoining property or to its intersection with an existing or proposed street is infeasible due to one or more of the following conditions:

         (a)   Intervening environmental and/or geographic features including but not limited to significant drainage systems, ponds/lakes, severe topography and regulatory wetlands;

         (b)   Intervening existing and/or vested adjacent development or development plans including buildings, parking lots and drives, stormwater structures, approved preliminary platted lots or recorded final platted lots, and approved site plans or other vested condition that prohibits future extension;

         (c)   The shape and/or dimension of the tract proposed for subdivision, where a significant portion of the subdivision area would otherwise be unusable absent terminal extension; or

         (d)   Intervening or approved public and/or private streets where such intersection is either prohibited by regulation or found to create a hazardous condition in the opinion of the City Engineer. Cul-de-sac/terminal streets allowed under this section may not create a public safety hazard.

      (2)   (a)   Limited and reasonable use of cul-de-sac/terminal street(s) not meeting the conditions of subsection (U)(1) above may be approved where the specific cul-de-sac/terminal street design, length, location and use both individually, and/or in combination with other cul-de-sac/terminal streets in any common subdivision or development, meets all of the following conditions:

            1.   Does not negatively impact vehicular and pedestrian traffic circulation inconsistent with the street design standards contained herein, the Manual of Standard Designs and Details incorporated herein by reference, and/or the goals and objectives of the Comprehensive Plan;

            2.   Does not unduly increase the public cost of or inhibit the provision of public services, including but not limited to garbage and waste collection and public transit;

            3.   Does not unduly impact the public cost of or inhibit the provision of public safety and life services, including but not limited to fire suppression, emergency rescue and police protection;

            4.   Does not unduly restrict or inhibit adequate access to adjoining lots and/or tracts within the subject subdivision and/or on adjoining properties; and

            5.   Does not otherwise create a public safety hazard.

         (b)   The Planning and Zoning Commission shall determine compliance under this section following review and recommendation of the Director of Planning and Development Services or his or her authorized representative. The Director of Planning and Development Services may seek and rely on the advice of the public service and public safety providers in the formulation of any recommendation concerning the design, length, location and use of such cul-de-sac/terminal street(s).

      (3)   A cul-de-sac/terminal street shall not exceed 1,000 feet in length as measured along the centerline of such street from the right-of-way as projected from the intersecting street to the furthermost point. When a cul-de-sac/terminal street intersects only another cul-de-sac/terminal street, the regulatory length of all such streets shall be measured individually from the intersection street that is not a cul-de-sac/terminal street to the furthermost point of all such streets.

   (V)   No new private streets are allowed for single-family and two-family attached dwellings located on individual lots or on a common lot after August 14, 2014.

   (X)   Planned Unoffensive Industry (PIU) and Planned Industry (PI) Districts street standards and exemptions are as follows.

      (1)   PIU and PI Districts shall be exempt from the maximum “loop connecting” and “cul-de-sac terminal” street standards listed above under subsections (T) and (U) of this section.

      (2)   PIU or PI Districts shall comply with all other provisions of this section.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2098, § 1, passed 11-16-1989; Ord. No. 2603, § 1, passed 3-18-1993; Ord. No. 94-85, § 1, passed 6-9-1994; Ord. No. 06-13, § 1, passed 2-9-2006; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 14-049, § 12, passed 8-14-2014; Ord. 19-045, § 1, passed 9-12-2019; Ord. No. 23-040, § 1, passed 5-11-2023)

   (A)   Easements for utilities shall be provided where necessary along front, rear or side lot lines, but shall not be required to center on such lines. Those easements shall be sufficiently wide to provide for installation of the utilities and access for maintenance and operation.

   (B)   The minimum width of the easements shall be as follows:

      (1)   Water lines: Ten feet.

      (2)   Gas lines: Ten feet.

      (3)   Electrical lines: Ten feet.

      (4)   Storm sewer: In accordance with the Manual of Standard Designs and Details.

      (5)   Sanitary sewer shall be in accordance with the following table:

 

 

      (6)   Multipurpose: See section 9-5-85, below.

      (7)   Hydrant: Five feet as measured on the horizontal in all directions from the center of the hydrant.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 23-040, § 1, passed 5-11-2023)

   Lot lines shall be so arranged with respect to utility easements as to permit efficient installation of utilities without unnecessary irregularities in alignment.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Where a new subdivision is adjacent to undeveloped property that does not have direct access to public utility lines or facilities, adequate easements may be reserved on each side of all rear lot lines and along certain side lot lines where necessary for the future extension of utilities to the undeveloped property.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Easements designated as general utility easements which contain multiple utility lines, structures or facilities shall be permitted only upon specific authorization of the City Engineer and the general manager of the Greenville Utilities Commission. The minimum acceptable width of such general utility easements shall be subject to approval on an individual case basis.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Minor drainage easements providing for drainage of surface waters from four or less lots and not involving regulated flood areas may be permitted to cross lots at points where such arrangements are found by the City Engineer to be necessary as a result of topography or soil conditions, and where suitable building sites are reserved. Such minor drainage easements may be required and designated to be maintained by the property owner.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Where major utility substations, pumping stations, pressure regulating stations and the like are required, adequate provision to provide screening shall be required.

(Ord. No. 1941, § 1, passed 1-12-1989)

   It is the intent of these regulations both to safeguard existing and potential development in appropriate locations and to preserve and promote a desirable ecological balance. Therefore, insofar as it is reasonably practicable, subdivisions shall be located, designed and improved to preserve important natural water areas, related vegetation and wildlife habitats; to avoid creation of upstream impoundments or downstream runoff which would be harmful to such complexes or to existing or potential development in appropriate locations; and to maintain desirable groundwater levels.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Where a proposed subdivision is traversed by or includes in whole or in part a natural watercourse, marsh, pond or lake of substantial significance in the ecology of the general area, the water body shall, to the maximum extent reasonably feasible, be maintained in its natural state, together with bordering lands and other suitable protective strip or buffer as required by the Planning and Zoning Commission. The minimum width of any protective strip or other buffer required pursuant to this section shall not be less than 15 feet from the top of the bank as determined by the City Engineer.

   (B)   If any portion of the area proposed for subdivision lies within an area designated in the officially adopted Greenway Master Plan as a greenway corridor, the area so designated shall be dedicated and/or reserved to the public at the option of the city.

   (C)   The city and Greenville Utilities Commission shall have right of access onto all designated and/or dedicated areas within all easements as required for the construction and/or maintenance of public facilities.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2490, § 1, passed 7-9-1992)

   The City Engineer may permit changes in the location or extent of significant natural waterways and water areas only after making findings that such changes will not adversely affect desirable ecological conditions, drainage or water retention, or result in undesirable location or amount of upstream impoundment or downstream discharge.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Adequate storm drainage shall be provided by means of storm drainage pipe and appurtenances thereto or by open or unenclosed drainage channels, all of which shall be installed in accordance with the Manual of Standard Designs and Details. The City Engineer shall determine what type of storm drainage shall be required and what improvements shall be installed. In the consideration of storm drain pipe size to be installed, the City Engineer shall take into consideration the existing drainage conditions, the effect upon those conditions by the proposed development and the future needs within the immediate area of the proposed development.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   No subdivision shall be so located or improved to create impoundments of surface water on developable upstream land outside the subdivision, to increase surface drainageways, to cause erosion onto neighboring property or into water areas, or to raise or lower groundwater levels in a manner which creates adverse effects within the subdivision or in surrounding areas. Where locations or improvements appear likely to have such effects, plats shall not be approved until suitable remedial measures have been provided.

   (B)   As appropriate to the circumstances, such measures may include requiring the subdivider to make provision for the necessary enlargements or improvements in off-site drainageways, establishing water retention and recharge areas, and mechanical and vegetative means to control runoff and erosion from the subdivision.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All subdivisions shall conform to the sedimentation and erosion control regulations as set forth by the City Code.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All subdivisions shall conform to the flood damage prevention regulations as set forth by the City Code. All subdivisions located in the area of special flood hazard as defined in section 9-6-2 shall be required to elevate all public streets located within the subdivision such that the lowest point on the street is no less than one foot below the 100-year flood elevation or no lower than the highest accessible point on the adjacent public street providing access to the site which shall be the point of entry between the development and the adjacent public street. All subdivisions located in the area of special flood hazard as defined in section 9-6-2 shall be required to elevate all private streets located within the subdivision upon property having a zoning classification allowing a residential use as a permitted use such that the lowest point on the street is no less than one foot below the 100-year flood elevation or no lower than the highest accessible point on the adjacent public street providing access to the site which shall be the point of entry between the development and the public street. Notwithstanding the foregoing, additional points of access onto a public street may be allowed to be constructed at a lesser elevation provided that the access is no lower than the elevation of the point of access to the public street and provided that all elevations are no lower than the minimum necessary to provide safe access to the public street.

(Ord. No. 00-19, § 14, passed 2-10-2000)

   Block lengths, widths and areas within bounding roads shall be such that:

   (A)   Adequate building sites, suitable to the contemplated or probable use are provided.

   (B)   Zoning requirements regarding minimum lot dimensions and area are assured.

   (C)   Lengths between intersecting streets do not exceed 1,400 feet or be less than 300 feet.

   (D)   Sufficient widths are provided to allow two tiers of lots where single-tier lots are required to separate development from traffic arteries, water areas, common areas or public property. Where double frontage lots are allowed, a nonaccess easement shall be provided as specified herein.

   (E)   Planned Unoffensive Industry (PIU) and Planned Industry (PI) Districts shall be exempt from the maximum block length listed under subsection (C) above.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 2098, § 2, passed 11-16-1989)

   Where orientation or length of blocks or other considerations justify such action, the Planning and Zoning Commission may require pedestrian circulation and provide access to schools, playgrounds, shopping centers, transportation and other facilities. Where such crosswalks are provided, they shall be located, dimensioned, fenced, screened or otherwise improved by the subdivider in such a manner as to provide security, tranquility and privacy for occupants of adjoining property, and safe use. Such pedestrian ways, if suitably improved, may be used by emergency vehicles but shall not be used by other motor vehicles.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Lot dimensions and area shall not be less than the applicable requirements of the Zoning Ordinance.

   (B)   All lots shall abut by their full frontage on an approved public street or private street where applicable.

   (C)   Where public water and/or sewer service is not available, all lots shall be subject to the applicable requirements of the Pitt County Environmental Health Department and the City of Greenville.

    (D)   Side lot lines shall be substantially at right angles to straight streets or radial to curved street lines.

   (E)   Corner lots for residential purposes shall have extra width to permit appropriate building setback from and orientation to both streets.

   (F)   Lots abutting a pedestrian crosswalk or alley within a block shall not be considered corner lots.

   (G)   All lots shall contain an adequate building site.

   (H)   Lots subject to flooding and lots deemed to be uninhabitable 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, but the land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

   (I)   All remnants of lots or residual parcels of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Double frontage lots shall be avoided except where essential to provide residential separation from traffic arteries or other incompatible uses. Where double frontage lots are allowed, a ten-foot nonaccess easement shall be provided along the street line outside any existing or future rights-of-way.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Driveways providing ingress and/or egress to all lots within new subdivisions platted pursuant to these regulations shall conform to the Manual of Standard Designs and Details and the driveway regulations as set forth by the City Code. However, where in the interest of public health, safety and welfare, the Planning and Zoning Commission finds that greater restrictions on the location and/or total number of driveways is necessary to ensure the interests, such greater restrictions shall be noted on the plat as a condition of approval. Where the condition applies to all or several lots shown upon the plat, the City Engineer shall enforce the noted condition in addition to other applicable regulations in effect at the time of driveway permit application.

   (A)   To provide for efficiency, economy and amenity, it is the intent of these regulations to encourage and promote the development and maintenance of public open space systems.

   (B)   It is intended that to the maximum extent reasonably feasible there shall be a continuous network of public lands adapted to multiple purposes, including preservation and maintenance of natural waterways and water areas, protection of watersheds, neighborhood or community service areas and other public uses requiring extensive open space.

   (C)   It is further intended that these regulations shall encourage and promote consolidation, combination and coordination of quasi-public and private common open space with the public land network where appropriate. The purposes of such action shall include the following, applied generally or under particular sets of circumstances:

      (1)   To increase the extent, effectiveness and amenity of the total open space network;

      (2)   To provide protection for areas of substantial ecological importance; and

      (3)   To minimize conflicts among automotive traffic, pedestrians and cyclists, and to provide safe, convenient movement systems for pedestrians and cyclists through open spaces not generally open to automotive traffic, in a pattern connecting their principal origins with destinations such as schools, parks and recreational facilities; and otherwise to ensure the advantages arising from an open space network with multiple potentials for public use and reuse, as contrasted with scattered open spaces serving only limited functions.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All subdivisions shall indicate recreation area at the time of submission of the preliminary plat. If the subdivision is developed in sections, the recreation area shall be contained within the first section unless as otherwise approved by the Planning and Zoning Commission upon recommendation of the Director of Recreation and Parks. At the time of submission of the final plat, the owner shall give the city a valid option on the land provided for as recreation area. The total development area shall be used as the basis for computation of the area reserved for recreation purposes.

(Ord. No. 1941, § 1, passed 1-12-1989)

   The minimum amount of land which shall be reserved for recreation area in the subdivision plan shall be one acre for each subdivision and in addition, for all subdivisions over 25 acres in area, reservation of recreation space shall include one acre plus 4% of the gross total area over 25 acres or 400 square feet for each lot over 110, whichever is greater.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Any subdivision owner may submit a map to the Planning and Zoning Commission of the area which is intended to be developed as a subdivision and request advice as to whether or not a recreation area shall be required in the proposed subdivision. Within 30 days, the Planning and Zoning Commission shall make a decision as to whether a recreation area should be included in the subdivision plan. It is the intent of this section to permit an early determination regarding recreation areas, especially of small subdivisions which, because of their proximity to other recreation areas or other good reasons, may not need recreation areas for the orderly development of the proposed subdivision. The owner or developer shall consider final any decision made pursuant to this section only if the final subdivision plat is approved under the overall subdivision regulations within one year from the date of any determination pursuant to this section.

(Ord. No. 1941, § 1, passed 1-12-1989)

   The Planning and Zoning Commission may from time to time request opinions from the City Recreation Commission and other competent authorities.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   At the time of submission of the final plat, the owner shall give to the city a valid option on the land provided for as recreation area. This option shall be a separate agreement to be drawn by the owner and approved by the City Attorney as to form and effect.

   (B)   This option may contain such terms as shall be mutually agreed to by the owner and the city but shall contain the following:

      (1)   Provision for payment of $100 to the owner upon execution of the option, which shall be applied to the purchase price if the option is exercised;

      (2)   Provision that the owner shall sell the land at an agreed raw land value. The raw land value is the fair market value of the recreation area before improvements or development. Should the city and the owner fail to agree on the raw land value, they shall choose one M.A.I. appraiser to appraise the recreation area. The sum per acre determined by the M.A.I. appraiser shall constitute the price per acre for the land. Cost of this process shall be equally divided between the city and the owner;

      (3)   Provision that the option shall have a term of at least four years unless terminated by exercise of the option to purchase by the city, or unless sooner terminated by the city by an instrument in writing;

      (4)   Provision that in addition to the stipulated purchase price if the option is exercised, the owner shall be entitled to interest on the purchase price from the date of execution of the option at 6% per year; and

      (5)   Provision that the option shall become effective upon recordation of the final subdivision plat containing such recreation area in the Pitt County Register of Deeds.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Arrangement, character, extent, width, grade and location of the bikeway system for Greenville shall conform to the bikeway plan of the city and elements thereof officially adopted.

(Ord. No. 1941, § 1, passed 1-12-1989)

   In addition to the requirements set forth herein, required improvements shall conform to any applicable specifications set forth in the Manual of Standard Designs and Details published by the city and the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission. In case of extraordinary subsurface conditions, terrain, the general pattern in the area, existing or probable development in the vicinity or other circumstances, the City Engineer and the general manager of Greenville Utilities, upon making supporting written findings, may establish greater or lesser requirements in particular cases.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Permanent monuments and markers shall be placed in accordance with the Standards of Practice for Land Surveying in North Carolina and the North Carolina General Statutes which apply to the subdivision of land. The registered land surveyor preparing the final plat shall be responsible for the placement of all required monuments and markers. Such monuments and markers shall be in place at the time the city accepts the improvements within the subdivision.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All streets and alleys within the jurisdiction of the City of Greenville shall be graded and surfaced in accordance with the design standards set out in Article C of this chapter and as specified in the Manual of Standard Designs and Details.  

(Ord. No. 1941, § 1, passed 1-12-1989)

   Minimum requirements shall apply as to use of curbs and gutters or open ditches and shall be constructed in accordance with the Manual of Standard Designs and Details.  

(Ord. No. 1941, § 1, passed 1-12-1989)

   Street name signs shall be installed in locations and according to specifications set forth in the Manual of Standard Designs and Details.  

(Ord. No. 1941, § 1, passed 1-12-1989)

   Street lights shall be provided at such locations as approved by the city and shall be installed and maintained by the Greenville Utilities Commission in accordance with current policy. Street lights shall be installed in conformance with the Lighting Standards for the City of Greenville.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 23-040, § 1, passed 5-11-2023)

   In all residential subdivisions, street trees shall be preserved where possible; where they do not exist, appropriate trees may be provided, planted and serviced in accordance with the Manual of Standard Designs and Details. Such trees shall be species which are resistant to damage and disease and which do not cause interference with utilities, street lighting or visibility at street intersections or intersections of driveways or walkways with streets, and which do not cause heaving of pavements when planted in specified locations.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All land within the right-of-way which is not used for structures, vehicular or pedestrian traffic, or for other approved landscaping shall be provided with grass or other ground cover of a nature approved by the Manual of Standard Designs and Details. Such ground cover may include appropriate plant materials preserved in place.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Sidewalks shall be provided by the subdivider in accordance with the following:

   (A)   Sidewalks shall be provided in conjunction with public street extensions pursuant to section 9-5-81 of this chapter.

   (B)   The location of proposed sidewalks required pursuant to this section shall be in accordance with the Manual of Standard Designs and Details.

   (C)   Sidewalks shall be provided along both sides of all minor and major thoroughfare streets and boulevards as shown on the adopted Highway Map of the Comprehensive Transportation Plan as amended.

   (D)   Sidewalks shall be provided along one side of all collector, standard residential and planned industrial streets.

   (E)   The arrangement of sidewalks in new subdivisions shall make provision for the continuation of existing sidewalks in adjoining areas.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 97-131, § 1, passed 12-11-1997; Ord. No. 23-040, § 1, passed 5-11-2023)

   All required storm drainage and surface water drainage systems shall be installed in accordance with the Manual of Standard Designs and Details.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All subdivided land shall be served by a storm and surface water drainage system located, designed and installed in such a manner as to preserve the public and private land from inundation during a storm of ten-year frequency.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Each lot intended for a use requiring domestic water supply shall be served by a public system approved by the State of North Carolina.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Each lot intended for a use requiring sanitary sewerage shall be served by the Greenville Utilities Commission and approved by the State of North Carolina, except where unfeasibility is documented and such documentation is accepted by the Planning and Zoning Commission.

   (B)   Where the Planning and Zoning Commission has accepted the unfeasibility of service by a public system, it shall require approval of the lot by the Pitt County Department of Environmental Health. Such approval shall be based upon the studies and conclusions as specified by applicable law.

   (C)   Nothing herein contained shall be deemed to prohibit installation of private systems where water is not used for human consumption.

(Ord. No. 1941, § 1, passed 1-12-1989)

   In general, in preparation of the subdivision and installation of improvements, appropriate measures shall be taken to prevent erosion and damaging situations on the property and on adjoining land or water areas in accordance with the soil erosion and sedimentation control regulations as set forth by the City Code. In any grading or filing operations, described topsoil shall be conserved and redistributed as such, particularly to cover exposed subsoils. Trees, shrubs and ground cover existing at the beginning of development operations shall be preserved to the maximum extend reasonably feasible where they are of species and in locations likely to add amenity to the completed development. The Planning and Zoning Commission may require preservation of specified trees or other vegetation in connection with a particular development except upon findings that such preservation is infeasible in view of the requirements for the installation of public utilities and facilities.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All lots served by public water supply systems shall also be afforded fire protection by means of hydrants installed in accordance with the requirements and specifications of the Manual of Standard Designs and Details and the Manual for the Design and Construction of Water and Waste Water System Extensions for Greenville Utilities Commission.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Electrical distribution (defined for the purposes of these regulations as facilities for delivering electrical energy from a substation to a customer’s meter), telephone and any other wire installation shall be underground unless infeasibility of such installation has been documented and the documentation accepted as satisfactory by the Planning and Zoning Commission. In making its decision on the adequacy of the documentation, the Commission shall consider the terrain, load characteristics, reliability, accessibility, system flexibility, equipment availability, cost, safety, trimming and customer desires.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Except as hereinafter provided concerning performance guarantees, before final plats are approved:

   (A)   All required improvements shall be completed by the owner or his or her agent, and inspected and approved by appropriate public officials or agencies; and

   (B)   All required offers to dedicate, or to reserve for future dedication, shall be made, clear of all liens and encumbrances on the property and public improvements thus dedicated.

(Ord. No. 1941, § 1, passed 1-12-1989)

   In lieu of completion of all or part of required improvements prior to approval of final plats, the property owner may post a performance guarantee to secure to the city the satisfactory construction and installation of the uncompleted portion of the required improvements in accordance with G.S. 160D-804(1). The performance guarantee shall be in an amount equal to 125% of the estimated cost of the installation of the required improvements, as determined by the city. The performance guarantee shall remain in full force and effect until such time as the construction of improvements are completed and accepted by the city. Failure to maintain the required performance guarantee shall result in the revocation of the approval of the preliminary plat and any permits issued as a result of the preliminary plat approval. The performance guarantee shall be automatically renewed unless all parties agree not to renew it at least sixty (60) days prior to its scheduled expiration date. A temporary construction easement permitting the City of Greenville or its designee(s) to access the property for the purpose of constructing/installing the guaranteed improvements is required to be provided with the performance guarantee. The temporary construction easement shall be valid and shall bind to all successive owners until the guaranteed improvements have been constructed/installed and approved or accepted by the City of Greenville. Said temporary construction easements shall be recorded at the office of the Pitt County Register of Deeds, with recording fees to be paid by the applicant/landowner.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   The performance guarantee may be in the form of asurety bond issued by a company authorized to do business in the state of North Carolina, a certified check, a first deed of trust, an irrevocable letter of credit, or an escrow deposit. All performance guarantees shall not be accepted unless the City Attorney has made a review thereof and provided a written opinion that the interests of the city are fully protected.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 23-040, § 1, passed 5-11-2023)

   Plans, specifications, quantities, unit costs and estimated total costs shall be provided by the applicant to the City Engineer together with a schedule indicating time of initiation and completion of the work, as a whole or in stages. Number of copies shall be as required for records and processing in the particular case.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Following receipt of the required estimate, the City Engineer shall prepare recommendations as to the terms of the performance guarantee, including time of initiation and completion of the work, as a whole or in stages, and provisions for release of portions of the guarantee upon completion of portions or stages of the work. The life of a performance guarantee shall not be less than six months or greater than two years, unless otherwise provided. The time between initiation and completion of development shall not exceed four years, except as provided under subsection (C).

   (B)   Based on such estimate, with such changes as deemed necessary, the City Engineer shall set the amount and terms of the performance guarantee, subject to necessary legal review of form as provided in section 9-5-143.

   (C)   When in the opinion of the City Engineer the required improvements or portions thereof cannot be completed within the specified time frame due to a physical condition and/or lack of an approved final plat on an adjoining property, the performance guarantee or portion thereof for such improvements may be extended beyond the maximum time stated in subsection (A) above. Following approval of a final plat on an adjoining property, the required improvements or portion thereof shall be installed within the life of the current performance guarantee or 12 months, whichever is greater.

   (D)   The City Engineer may accept a substitute performance guarantee from any party to cover the cost of all or a portion of the remaining improvements shown on an approved final plat. When a substitute performance guarantee is offered, the City Engineer shall give ten days’ notice by certified mail to the party posting the original surety that the City Engineer intends to issue a “notice to proceed” for construction of the guaranteed improvements to the party offering the substitute surety. The “notice to proceed” will be issued to the party offering and posting the substitute surety unless the party posting the original surety makes a written request that the “notice to proceed” be issued to him or her, and has in place or offers a surety meeting the requirements of a substitute surety.

   (E)   When a substitute performance guarantee is accepted, the following rules shall apply.

      (1)   The work covered by a substitute performance guarantee shall be completed within 12 months.

      (2)   The original performance guarantee shall be released, reduced or returned to the party posting the original performance guarantee.

      (3)   The work performed under a “notice to proceed” shall conform to the original plans in accordance with the approved final plat.

      (4)   No extensions or substitutions of a substitute performance guarantee will be allowed.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 1968, § 1, passed 3-9-1989)

   (A)   The City Engineer shall make inspections to determine whether work has started as scheduled; shall make inspections as are necessary during the course of work; and shall make final inspections.

   (B)   Within five days of such inspections, copies of reports of the results thereof shall be provided to the file for public inspection.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Where such reports indicate satisfactory completion of work within time limits set and in accord with other terms of the performance guarantee, for agreed upon stages or for the entire work, the City Engineer shall so indicate to the applicant, any surety company involved and the City Manager. The City Manager, upon such notification and any further assurance he or she may require from the City Attorney, shall then release all or portions of the performance guarantee in accordance with the terms thereof.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Where the reports indicate failure to initiate work on schedule or to complete work on schedule in full compliance with the terms of the performance guarantee, the City Engineer shall so indicate to the applicant, any surety company involved and the City Manager. The notice shall indicate that unless action required under the terms of the performance guarantee is completed within 30 days of the date of the notification, the performance guarantee or portions thereof set forth in its terms shall be called.

   (B)   Unless the action is completed, as evidenced by inspections and reports of the City Engineer, the City Manager shall call the performance guarantee or affected portions thereof.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Where the reports indicate that work initiated appears likely not to be completed on schedule, and where the performance guarantee provides for extension of time for cause, the City Engineer shall notify the applicant and any surety company involved concerning potential need for an application for such extension. Where the notice has been given, no application for extension shall be considered after expiration of the original schedule date.

(Ord. No. 1941, § 1, passed 1-12-1989)

   When work required under the terms of any performance guarantee is not completed by the applicant as specified therein, the City Manager, following the call of the guarantee, shall take such action as is appropriate in the circumstances of the case to procure the completion of the required improvements at the earliest reasonable time, according to the plans and specifications and staging of construction approved in connection therewith.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Where all or part of required improvements are to be completed by another government agency or utility the City Manager may accept the written guarantee of that agency to complete the improvements within a time to be mutually agreed upon.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   Building permits may be issued for construction of buildings in subdivisions which have been given final approval and properly recorded prior to completion of the required improvements.

   (B)   Certificates of occupancy may be issued, and buildings occupied only when all of the following improvements are available and as further provided below:

      (1)   Streets, passable for private, service and emergency vehicles under normal weather conditions, provided that distance along such streets shall not exceed one-fourth mile by normal routes;

      (2)   Driveways passable under normal weather conditions;

      (3)   Drainage assuring that under normal weather conditions there will be no flooding of the building site or accessways to the site;

      (4)   Erosion protection acceptable under normal weather conditions; and

      (5)   Domestic water supply and sanitary sewerage.

   (C)   No such permits or certificates shall be issued unless improvements are guaranteed and the applicant accepts tort liability pending completion of all required improvements.

(Ord. No. 1941, § 1, passed 1-12-1989)

   All proposed amendments to these regulations, except those initiated by the Planning and Zoning Commission, shall be submitted to the Planning and Zoning Commission for its recommendations as to approval, approval with specified alterations, or denial. Unless the recommendation is forthcoming within 60 days of submittal, unless a longer period is agreed upon in writing by the person or agency initiating the proposal, the City Council may proceed to act without a recommendation.

(Ord. No. 1941, § 1, passed 1-12-1989)

   No such proposed amendment shall be acted upon by the City Council until after a legislative hearing thereon, in accordance with G.S. 160D-301.

(Ord. No. 1941, § 1, passed 1-12-1989; Ord. No. 21-032, § 1, passed 6-21-2021)

   Except when initiated by City Council or the Planning and Zoning Commission, no proposed amendment failing of passage shall be considered in substantially the same form within one year of rejection.

(Ord. No. 1941, § 1, passed 1-12-1989)

      (1)   A civil action in the nature of a debt.

      (2)   The use of a collections agency and the assessment of an administrative fee.

      (3)   The use of the provisions of Chapter 105 A (The Setoff Debt Collection Act) and G.S. § 18C-134.

      (4)   Equitable remedies issued by a court of competent jurisdiction.

      (5)   Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.

(Ord. No. 23-048, § 17, passed 6-8-2023)

   Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises.

(Ord. No. 1941, § 1, passed 1-12-1989)

   (A)   The Planning and Zoning Commission may vary the requirements of this chapter where, because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existence of other unusual physical conditions, strict compliance with the provisions of this chapter could cause an unusual and unnecessary hardship on the subdivider.

   (B)   In granting variances, the Planning and Zoning Commission may require such conditions as will secure, insofar as practicable, the objectives of the requirement(s) varied. Any variance thus recommended is required to be entered in writing in the minutes of the Planning and Zoning Commission and the findings upon which departure was justified set forth.

(Ord. No. 1941, § 1, passed 1-12-1989)

   If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provisions or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.

(Ord. No. 1941, § 1, passed 1-12-1989)

   Previous subdivision relations in effect up to the effective date of these regulations are repealed as of the effective date of these regulations and shall be superseded thereby except insofar as actions remain pending under prior regulations.

(Ord. No. 1941, § 1, passed 1-12-1989)

   These regulations shall be effective at 12:01 a.m. January 12, 1989.

(Ord. No. 1941, § 1, passed 1-12-1989)