The purpose of this chapter is to establish procedures and standards for the development and subdivision of real estate within the corporate limits and extraterritorial jurisdiction of the city in order to, among other things, insure proper legal description, identification, monumentation and recordation of real estate boundaries; further the orderly layout and appropriate use of the land; provide safe, convenient and economic circulation of vehicular traffic; facilitate adequate provision of water, sewerage, schools, parks, playgrounds and other public requirements; provide adequate building sites which are readily accessible to emergency vehicles; to secure safety from fire, panic and other dangers; assure the proper installation of streets and utilities; promote the eventual elimination of unsafe or unsanitary conditions because of undue concentration of population; and help conserve and protect the physical and economic resources of the city and its environs.

(Ord. passed 7-25-2011)

   (A)   Exclusions determination. If a proposed division of land meets one or more of the exclusions under the definition of “subdivision” in Chapter 163, Definitions, the owner may submit to the City Planning and Inspections Department maps, deeds or other materials in sufficient detail to permit a conclusive determination by the Planning and Inspections Director or designee. For the purpose and intent of this chapter, where reference is made to the Planning and Inspections Director it shall also include his or her designee. An owner of land who wishes to record a plat of such a division of land shall obtain a Certificate of Exemption (see Appendix B) from the Planning and Inspections Director.

   (B)   Approval required.

      (1)   Date of compliance. After the effective date of the UDO and in accordance with G.S. § 160D-803(d), plats for the subdivision of land within the City Planning and Zoning Jurisdiction shall not be filed, accepted for recording, or recorded, nor shall the Clerk of the Superior Court order the recording of a plat until it has been submitted to and approved by the city.

      (2)   Coordination with other procedures. To lessen the time required to attain all necessary approvals and to facilitate the processing of applications, an applicant may start the subdivision approval process simultaneously with other applications for approvals required for the particular project.

      (3)   No subdivision without approval. No real property, including property declared under the State Condominium Act, G.S. §§ 47C-1 et seq., lying within the City Planning and Zoning Jurisdiction as now or hereafter fixed shall be subdivided except in conformance with all applicable provisions of this chapter. Violation of this section shall be enforced by any one or all of the procedures identified in § 162.04.

      (4)    Preliminary plats approved prior to the effective date of this UDO. Preliminary plats approved by the city prior to the effective date of this chapter shall be valid for 12 months from the date of approval of the plat unless a longer time period has been authorized through vested rights provisions.

      (5)   Decisions on approval or denial of subdivision plats. In accordance with the provisions of G.S. § 160D-801, decisions on the approval or denial of preliminary and final subdivision plats may be made only on the basis of standards explicitly set forth in this chapter. Whenever this chapter includes criteria for a decision that requires the application of judgment on the part of the approval authority, those criteria must provide adequate guiding standards for the approval authority.

      (6)   Recording of unapproved plats. The filing or recording of a plat of a subdivision without the approval of the legislative body or the Planning and Inspections Director as required by this chapter shall render the plat null and void.

      (7)   Penalties for transferring lots in unapproved subdivisions. Penalties for transferring lots in unapproved subdivisions are delineated in § 162.04(H).

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 22-O-01, passed 1-24-2022)

   (B)   Minor subdivision review and approval procedures. The minor subdivision review process shall include the preparation of a Minor Subdivision Plat which shall be reviewed and approved as a final plat by the Planning and Inspections Director.

      (1)   The applicant for minor subdivision plat approval shall submit to the Planning and Inspections Director, a plat drawn in waterproof ink on a sheet made of material and of a size that will be acceptable to the Craven County Register of Deeds Office for recording purposes. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision.

      (2)   The minor subdivision plat shall be prepared by a professional land surveyor or professional engineer licensed to render that service in the state and shall contain the information specified in Appendix A, the applicable certificates required in Appendix B, permanent reference points pursuant to § 158.07, as well as all of the additional information required by G.S. § 47-30 and G.S. § 39-32.3, x A.

      (3)    If the subdivision is a minor subdivision as the result of a proposed conveyance of property to the city, the minor subdivision plat shall include a statement that the plat is not valid if the proposed conveyance to the city is not closed within one year of the recording of the plat.

      (4)   The Planning and Inspections Director and the Technical Review Committee (TRC) shall review the minor subdivision plat.

      (5)   The Planning and Inspections Director shall take expeditious action on an application for minor subdivision plat approval. A decision shall be rendered by the Planning and Inspections Director within 30 days after submission of the proposed minor subdivision plat. If no decision is rendered by the Planning and Inspections Director within the required 30-day period, the applicant may appeal to the Board of Commissioners for review of the application under the major subdivision preliminary plat approval process (§ 158.05). Either the Planning and Inspections Director or the applicant may at any time refer the application to the major subdivision approval process.

      (6)   Subject to division (B)(4) above the Planning and Inspections Director shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Chapter 163 or the application or the proposed subdivision fails to comply with the requirements of this chapter or any other applicable requirement of the UDO.

      (7)   If the Minor Plat is not in compliance with this chapter or other requirements of the UDO, the subdivider shall be given an opportunity to submit a revised plat. If a revised plat is not submitted within 60 days, the Planning and Inspections Director will disapprove the plat.

      (8)   If the minor subdivision plat is approved, the approval shall be shown by a signed Certificate of Minor Plat Approval (see Appendix B) on five copies of the minor plat and on the original.

      (9)   If the subdivision is disapproved, the Planning and Inspections Director shall promptly furnish the applicant with a written statement of the reasons for disapproval. The applicant may appeal the decision by requesting that the minor subdivision plat be scheduled for review by the Board of Commissioners according to the same review and approval procedures set forth in § 158.06 for final approval of major subdivision plats. Appeals shall be filed within 60 days of the date of the decision that the Planning and Inspections Director disapproves the plat.

      (10)   Approval of any plat is contingent upon the plat being recorded with the County Register of Deeds within 90 days after the date the Certificate of Approval is signed by the Planning and Inspections Director or designee. Failure to record the approved plat within the specified 90-day period shall render the plat null and void.

      (11)   The approval of the final minor plat pursuant to these regulations shall not be deemed to constitute or affect the acceptance by the city, a governmental unit or a public body of the dedication of any lands or facilities shown on the plat. However, the Board of Commissioners may, by resolution, accept any dedication made to the public of lands and facilities when they are located within its subdivision regulation jurisdiction. Acceptance of dedication of land or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the city shall not place on the city any duty to open, operate, repair or maintain any land or facilities; and the city shall in no event be held to answer in any civil action or proceeding for failure to open, repair or maintain any land or facilities located outside the corporate limits.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   As provided in G.S. § 160D-802, a parcel of land in single ownership shall require only a plat for recordation if all of the following criteria are met:

      (1)   The tract or parcel to be divided is not exempted under G.S. § 160D-802;

      (2)   No part of the tract or parcel to be divided has been divided in the prior ten (10) years;

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

      (4)   After division, no more than three (3) lots result from the division; and

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

         (a)   All lot dimension size requirements of this UDO;

         (b)   The use of the lots is in conformity with this UDO; and

         (c)   A permanent means of ingress and egress is recorded for each lot.

(Ord. 21-O-04, passed 6-28-2021)

   (A)   Applicability.

      (1)   Major subdivisions, as defined in Chapter 163, are all subdivisions that are not classified as a minor subdivision (i.e., a major subdivision is a residential subdivision containing a new public street, a planned school site according to § 158.089, an Owner’s Association according to § 158.09, or other improvements that must be installed or guaranteed, a nonresidential subdivision, or a residential subdivision containing eleven or more lots).

         (a)   When a major subdivision is to be developed in stages, a preliminary plat shall be submitted for the entire development.

         (b)   A final plat may be submitted for each stage.

      (2)   The procedures for the review of a major subdivision plat generally involves:

         (a)   Preliminary plat presentation.

            1.   Subdivider’s preliminary plat is presented to the Planning and Inspections Director who distributes the plat to the Technical Review Committee (TRC);

            2.   TRC reviews plat and presents it to the Planning Board for review;

            3.   Consideration and recommendation by Planning Board; and

            4.   Board of Commissioners consideration and action.

         (b)   Final plat presentation.

            1.   Subdivider’s final plat is presented to the Planning and Inspections Director who distributes the plat to the Technical Review Committee (TRC);

            2.   TRC reviews plat and makes recommendations to the Planning and Inspections Director; and

            3.   Planning and Inspections Director consideration and action.

(Ord. passed 7-25-2011)

   (A)   Submission procedure.

      (1)   The subdivider shall submit 14 copies of the preliminary plat and any supplementary materials to the Planning and Inspections Director at least 30 days before the regular meeting of the Planning Board at which the plat is to be considered. The Planning and Inspections Director will place the preliminary plat on the agenda of the next regular meeting of the Planning Board and contact the Technical Review Committee (TRC) as to the receipt of the plat and present the TRC with copies of the plat.

      (2)   Development in stages. When a subdivision is to be developed in stages, the preliminary plat shall be submitted for the entire development. A final plat shall be submitted for each stage.

   (B)   Required information.

      (1)   Generally. The preliminary plat shall contain the information shown in Appendix A.

      (2)   Supplementary materials.

         (a)   A copy of the restrictive or protective covenants applicable to the subdivision, if any;

         (b)   Landscape plan, showing streetscape and buffer yards, with plans for land clearance per Chapter 157;

         (c)   Public water supply system plans, including the layout and details of mains. These plans must be approved by a professional engineer licensed to practice in the state;

         (d)   Floodplain management plan, which shall include the layout, details and proposed land use of floodplains or floodways and subdivision lots which partially or completely are located in identified flood hazard areas, the location and construction of facilities and utilities (sewer, water, gas and electricity) to minimize flood damage, adequate drainage to reduce exposure to flood hazards, and base flood elevation data;

         (e)   Any permits or plans for any on-site stormwater system, BMP or other stormwater management arrangement, including but not limited to, plans or permits required by law to be submitted to the state, which plans shall bear the seal of a professional engineer licensed to practice in North Carolina; and

         (f)   Any additional information as deemed necessary by the city.

   (C)   Action by Technical Review Committee. The preliminary plat shall be checked against the design standards improvement requirements, plat requirements and other UDO requirements by the Technical Review Committee (TRC). The TRC shall make recommendations to the Planning Board.

   (D)   Action by Planning Board.

      (1)   The Planning Board shall review the preliminary plat and the recommendations from the Technical Review Committee. The Planning Board shall then discuss with the subdivider changes deemed advisable, if any, and the kind and extent of improvements to be made by him or her.

      (2)   The Planning Board may require the subdivider to revise the plat before it is submitted to the City Board of Commissioners. The Planning Board shall present its review to the City Board within 45 days from the meeting at which it is first scheduled.

      (3)   The Planning Board shall present the preliminary plat along with its recommendations to the Board of Commissioners.

   (E)   Action by the Board of Commissioners.

      (1)   The Board of Commissioners shall review the preliminary plat and the recommendations from the Planning Board. The Board shall approve, approve conditionally or disapprove the preliminary plat.

      (2)   If the preliminary plat is approved, approval shall be noted on two prints of the plat. One print of the plat shall be transmitted to the subdivider and the second approved print shall be retained by the Board of Commissioners.

      (3)   In the case of conditional approval, the reasons for conditional approval and the conditions to be met shall be specified in writing. One copy of the reasons and conditions, along with one print of the plat, shall be retained by the Board of Commissioners and a print of the plat with the reasons for conditional approval shall be given to the subdivider and the Planning Board. The City Board may require the subdivider to submit a revised preliminary plat including the recommended changes before approving the plat.

      (4)   Upon approval or conditional approval of the preliminary plat, the subdivider may proceed with the installation or arrangement of the required improvements in accordance with the preliminary plat as approved and the requirements of this chapter and with the preparation of the final plat.

      (5)   When a preliminary plat is disapproved, the Board of Commissioners shall specify the reasons for the action in writing. One copy of the reasons and one print shall be retained by the Board of Commissioners, and a print of the plat with the reasons for disapproval shall be given to the subdivider and the Planning Board.

(Ord. passed 7-25-2011)

   (A)   Purpose. The purpose of the final plat review is to check the improvements (installed or guaranteed) by comparing the approved preliminary plat to the final plat. All improvements must be installed or guaranteed in accordance with § 158.10 prior to approval of the final plat.

   (B)   Submission procedure.

      (1)   Upon the installation or suitable guarantee of the improvements pursuant to § 158.10, shown in the approved preliminary plat for the whole or that part of the subdivision to be developed, the applicant shall submit a final plat of the area to the Planning and Inspections Director.

      (2)   The subdivider shall submit one original and 14 copies of the final plat, constituting that portion of the approved preliminary plat that he or she proposes to record and develop first. These copies shall be submitted to the Planning and Inspections Director within 24 months after approval of the preliminary plat; otherwise, the approval shall become null and void unless an extension of time is applied for and granted by the Planning Board. There shall be no further time limit on preliminary plat status on subsequent final plat submissions.

   (C)   Required information.

      (1)   Generally.

         (a)   The final plat shall be prepared by a professional land surveyor or professional engineer to render the service in the state and shall be drawn in waterproof ink on a sheet made of material and of a size that will be acceptable to the Craven County Register of Deeds Office for recording purposes.

         (b)   When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision.

         (c)   The final plat shall be drawn at the same scale and on the same sheet size as the preliminary plat and shall conform substantially to the preliminary plat as approved, and shall comply specifically with the provisions of G.S. § 47-30, Probate and Registration.

         (d)   The final plat shall contain permanent reference points pursuant to § 158.07.

         (e)   The final plat shall contain the information specified in Appendix A.

      (2)   Supplementary materials.

         (a)   The final plat shall contain a copy of the restrictive or protective covenants, if any.

         (b)   The final plat shall show all applicable certificates required in Appendix B.

         (c)   The final plat shall show all of the additional information required by G.S. § 47-30.

   (D)   Final plat review and approval procedures.

      (1)   Action by Technical Review Committee (TRC).

         (a)   The final plat shall be checked against the approved preliminary plat by the TRC.

         (b)   The TRC shall check the final plat in the field or it may appoint a professional engineer to check the final plat against the subdivision’s actual layout for correctness, charging the costs to the subdivider if the plat is found to be in error.

         (c)   If the final plat is found to be in compliance with this chapter, it shall be certified by the TRC, whereupon the TRC shall transmit the approved final plat to the Planning and Inspections Director for final action.

      (2)   Action by Planning and Inspections Director.

         (a)   Upon receipt of a final plat from the TRC, the Planning and Inspections Director shall review the final plat and shall either approve or disapprove the plat.

         (b)   Approval and signature on the final plat by the Planning and Inspections Director is authorization for the subdivider to file the final plat with the Craven County Register of Deeds for recording.

         (c)   Approval by the Planning and Inspections Director shall be noted on the appropriate certificate on five copies of the final plat and the original.

         (d)   The final plat shall not be approved until all required improvements are installed, or suitable guarantees have been made to ensure installation pursuant to § 158.10 and the certificates required by Appendix B to appear on the final plat have been properly filled out and signed.

         (e)   The subdivider shall file the approved final plat with the Register of Deeds of Craven County within 90 days after the approval of the Planning and Inspections Director or the approval shall be void.

         (f)   If the Planning and Inspections Director disapproves the final plat, the reasons for the action shall be stated in writing. One copy of the reasons with the original drawing and remaining prints of the proposed subdivision shall be provided to the subdivider.

         (g)   If the final plat is not in compliance with this chapter or the Planning and Inspections Director does not approve the changes from the approved preliminary plat, the subdivider shall be given an opportunity to submit a revised final plat. Failure to submit a revised final plat within 60 days shall render the plat null and void.

      (3)   Dedication and acceptance.

         (a)   The approval of a final plat pursuant to these regulations shall not be deemed to constitute or affect the acceptance by the city, a governmental unit or a public body of the dedication of any street or other ground, a public utility line or other facility shown on the plat. However, the Board of Commissioners may accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision-regulation jurisdiction.

         (b)   Acceptance of dedication of lands or facilities located within the subdivision-regulation jurisdiction but outside the corporate limits of the City shall not place on the city any duty to open, operate, repair or maintain any street, utility line or other land or facility, and the city shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any street located outside its corporate limits. Provided, however, with respect to a major subdivision, the Board of Commissioners shall accept dedication of any and all new streets, shoulders, ditches, curbs, gutters and sidewalks within the subdivision that have been installed in accordance with § 158.08 and that have been warranted by the subdivider as to materials, workmanship and compliance with § 158.10 for at least 18 months following acceptance of the dedication.

         (c)   Acceptance by the Board of Commissioners shall place on the city the duty to operate, repair and maintain the streets, shoulders, ditches, curbs, gutters and sidewalks so accepted, except as to defects, repairs and maintenance during the warranty period that are covered by the warranty required hereunder, and except as to damages prohibited in § 91.01 of the code of ordinances.

      (4)   Permits and certificates of occupancy. Unless otherwise provided in this chapter, upon recordation of the final plat, the applicant shall be eligible to apply for building and any other permits required by the UDO. A certificate of occupancy shall not be issued until all improvements are complete and approved by the city and the applicable utility provider.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Generally. Prior to the approval of a Minor Final Plat or a Major Final Plat, permanent reference points shall have been established in accordance with the requirements set forth in this section.

   (B)    Subdivision corner tie. At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernable reference marker. If a corner is within 2,000 feet of a U.S. Coast and Geodetic Station or N.C. Grid System coordinated monument, or city coordinated system, if the monument or city coordinated system exists, then this corner shall be marked with a monument so designated by computed X and Y coordinates which shall appear on the map with a statement identifying this station or monument to an accuracy of 1:10,000. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure. However, if in the opinion of the Planning Board, a subdivision is of such small size, or if there is an existing tie within a reasonable distance of the subdivision, this shall not be required.

   (C)   Monuments. Within each block of a subdivision at least two monuments designed and designated as control corners shall be installed. The surveyor shall employ additional monuments if required. All monuments shall be constructed of concrete and shall be at least four inches in diameter or square and not less than three feet in length. Each monument shall have embedded in its top or attached by a suitable means a metal plate of noncorrosive material and marked plainly with the point, the surveyor’s registration number, the month and year it was installed, and the word “monument” or “control corner”. A monument shall be set 30 inches in the ground unless this requirement is impractical because of unusual conditions.

   (D)   Property markers. A steel or wrought iron pipe or the equivalent of not less than three-quarter inches in diameter and at least 30 inches in length shall be set at all corners, except those located by monuments. A marker shall also be set at a point of curve, and point of tangency unless a monument has already been placed at the points. Additional markers shall be placed where required by the city.

   (E)   Accuracy. The allowable angular error of closure and the linear error of closure for surveys within the city and within one mile thereof shall be in accordance with Chapter V of the Manual of Practice for Land Surveying published by the State Board of Registration for Professional Engineers and Land Surveyors.

(Ord. passed 7-25-2011)

   The subdivision design standards, adopted and prescribed in this section, are found by the Board of Commissioners to be necessary and appropriate to:

   (A)   Provide for suitable residential and nonresidential developments with adequate streets and utilities and appropriate building sites;

   (B)   Provide for the distribution of population and traffic in a manner which shall avoid congestion and overcrowding;

   (C)   Provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities;

   (D)   Provide for the dedication or reservation of rights-of-way or easements for street and utility purposes;

   (E)   Provide for the dedication or reservation of adequate spaces for public lands and buildings;

   (F)   Encourage design that is protective of environmental quality and that provides a balance between the built environment and natural and fragile natural resources; and

   (G)   Provide for the dedication or reservation of recreation, park and open space areas.

(Ord. passed 7-25-2011)

   (A)   Design. All proposed subdivisions, including group developments where the transfer of building sites to separate owners is proposed, shall comply with this chapter, shall be designed to promote beneficial development of the community, and shall bear a reasonable relationship to the approved plans of the city.

   (B)   Development name. In no case shall the name of a proposed development duplicate or be phonetically similar to an existing development name in the Havelock Planning and Zoning Jurisdiction unless the proposed development lies adjacent or in proximity to the existing development.

   (C)   Reasonable relationship.

      (1)   All required improvements, easements, and rights-of-way (other than required reservations) shall substantially benefit the development or bear a reasonable connection to the need for public facilities attributable to the new development.

      (2)   Whenever a tract to be subdivided includes or adjoins any part of a thoroughfare or collector street as designated by an officially adopted City Thoroughfare Plan or Comprehensive Transportation Plan (CTP) that part of the proposed public right-of-way shall be dedicated as public right-of-way within the subdivision plat in the location and to the width recommended by the Thoroughfare Plan or CTP.

   (D)   Establishment of private deed restrictions. 

      (1)   The subdivider is encouraged to prepare and record private deed restrictions (restrictive covenants) to establish development standards to address particular development and land use issues and/or to establish more desirable development standards that exceed the city requirements. For example, subdividers may establish deed restrictions that address such issues as architectural design, building materials, minimum building floor area, parking of recreational vehicles, home-based businesses and the like.

      (2)   Deed restrictions are private agreements between the subdivider and lot buyers. Enforcement of deed restrictions is a private matter and is solely the responsibility of the lot owners and/or a property owners’ association. Deed restrictions cannot be enforced by the city. The Zoning Administrator or any other official of the city will not be involved in the enforcement of private deed restrictions.

   (E)   Subdivision signs. Permanent signs announcing the name of a subdivision shall comply with the standards for identification signs delineated in Chapter 157.

(Ord. passed 7-25-2011)

   Land subject to flooding, improper drainage, erosion or which for topographical or other reasons is unsuitable for residential use as determined by the Planning Board shall not be platted for residential use or for any other use that will continue or increase the danger to health, safety or property unless the hazards can be and are corrected.

(Ord. passed 7-25-2011)

   The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall conform to the following.

   (A)   Conformance to other regulations. Every lot shall have sufficient area, dimensions and street access to permit a principal building to be erected thereon in compliance with all zoning district and other use, density, intensity and dimensional requirements of the UDO, including other sections of this chapter as well as other chapters of the UDO. Table 155-9 delineates minimum density, intensity and dimensional requirements for each zoning district.

   (B)   Minimum buildable area. Every lot shall have at least 40% of its total area, or 2,800 square feet, whichever is less, of contiguous buildable area of a shape sufficient to hold a principal building.

   (C)   Setbacks. The minimum building setback line or the distance between the street right-of-way line and the building line shall be not less than that prescribed in Chapter 155 of the UDO for the appropriate zoning district or districts in which the subdivision exists.

   (D)    Blocks.

      (1)   Blocks shall be laid out with special attention given to the type of use contemplated.

      (2)   Block lengths shall not exceed 1,500 feet or be less than 400 feet.

      (3)   Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic.

      (4)   Pedestrian ways or crosswalks shall be provided near the center of blocks, where deemed essential in the opinion of the Planning Board, to provide adequate pedestrian circulation or access to schools, shopping centers, churches or transportation facilities.

   (E)   Lot line configuration.

      (1)   Side lines of lots should be at or near right angles or radial to street lines. Intersecting lot lines shall not have an angle of less than 60 degrees.

      (2)   Corner lots for residential use shall have an extra width of 15 feet to permit adequate building setback from side streets.

      (3)   Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from through traffic.

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

   (F)   Lot lines and drainage. Lot sizes, shapes and locations shall be made with due regard to topographic conditions, contemplated use and the surrounding area as follows.

      (1)   Lot boundaries shall coincide with natural and pre-existing human-made drainageways to the extent practical to avoid lots that can be built upon only by altering the drainageways.

      (2)   Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for the other uses as may increase danger to health, life or property, or aggravate the flood hazard, but the land may be set aside for the uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions.

      (3)   Lots shall have a minimum of 1% grade to streets and/or drainageways. The city recognizes that topographical conditions may exist where the requirement may not be practical. The absolute minimum for such conditions as approved by the City Engineer shall be 0.5%.

      (4)   All utilities, as well as utility and drainage easements shall be provided as required in § 158.085.

   (G)   Access requirements.

      (1)   All residential lots shall have at least 12 feet of unobstructed frontage where the lot abuts a public street right-of-way.

      (2)   All lots shall front or abut a public street and meet the frontage requirements set forth in Table 155-9. The following exceptions may be approved:

         (a)   Lots and units located in developments with owners’ associations or in group developments in which permanent access is guaranteed by means of approved private streets and/or drives designed in accordance with the requirements of § 158.08.

         (b)   Lots of record provided that there is recorded access and the use is limited to only one single-family dwelling and its uninhabited accessory structures.

         (c)   Flag lots meeting the following requirements:

            1.   A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures;

            2.   The maximum flagpole length shall be 300 feet;

            3.   The minimum flagpole width shall be 25 feet;

            4.   The maximum lot size in areas with public sewer shall be one acre. The maximum lot size without public sewer shall be three acres. (Note: the “flagpole” portion of the lot is not used to calculate area, width, depth, coverage and setbacks of the lot or to provide off-street parking);

            5.   The minimum separation between the “flagpole” portion of the lot and that of another flag lot shall be 150 feet;

            6.   Where public water is available, any building on the flag lot must be within 500 feet of a hydrant. This distance shall be measured along the street, then along the flagpole, then in a straight line to the building location;

            7.   Use of a single driveway to serve a flag lot and an adjoining lot is permitted and encouraged. The preferred location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole;

            8.   Resubdivision of a flag lot shall not be permitted unless access to the proposed new lot(s) can be provided from an approved public or private street; and

            9.   Flag lots shall be approved only where the configuration of the parcel or site features warrant such a lot design. Authorizing a flag lot design is intended to accommodate a particular extenuating circumstance which makes traditional lot design infeasible. Therefore, flag lots should be judiciously approved.

   (H)   Water and sewer disposal.

      (1)   Where individual sewage disposal systems are planned for a subdivision, the minimum lot sizes specified in this chapter shall be increased as required by the results of percolation tests and subsoil investigation. As a minimum, the following shall apply.

         (a)   In areas not served by a community or public sewer system, the distance between dwellings should be increased; therefore, the minimum lot shall contain 15,000 square feet of useable land, not less than 100 feet wide at the building line, nor less than 150 feet deep.

         (b)   In areas lacking both community water and community sewer systems, the minimum lot shall contain 20,000 square feet of useable land, not less than 100 feet at the building line, nor less than 200 feet deep.

         (c)   Wells shall be located at least 100 feet from any septic tank or filter field whether on the same lot or another adjoining lot.

   (I)   Design standards for nontraditional residential lot developments. Specific design standards for nontraditional residential subdivision developments are provided in Chapters 154 and 155, as provided below. Other standards for nonresidential lot developments that may require subdivision of land are also provided in Chapter 154 and Chapter 155 (§§ 155.0705 through 155.0714).

      (1)   Dimensional requirements and standards specific to zero lot line detached home developments are delineated in § 155.0703(B).

      (2)   Semi-attached/duplex home requirements and standards specific to semi-attached/duplex home developments are delineated in § 155.0703(C).

      (3)   Multiplex attached home requirements and standards specific to multiplex developments are delineated in § 155.0703(D).

      (4)   Dimensional requirements and standards specific to townhouse developments are delineated in § 155.0703(E).

      (5)   Dimensional requirements and standards specific to condominium developments are delineated in § 155.0703(G).

      (6)   Dimensional requirements and standards specific to upper story attached dwelling developments are delineated in § 155.0703(J).

      (7)   Dimensional requirements and standards specific to residential cluster developments are delineated in § 155.0703(Q).

      (8)   Dimensional requirements and standards specific to traditional neighborhood developments (TNDS) are delineated in § 155.0703(R).

(Ord. passed 7-25-2011)

   (A)   Water and sewage disposal.

      (1)   Generally.

         (a)   Every subdivision lot intended for building purposes shall be served by a water supply system and a sewage disposal system that is adequate to accommodate the reasonable needs of the proposed use of the lot.

         (b)   For all subdivisions within the city’s Planning and Zoning Jurisdiction, the subdivider shall first consider installation to the city’s public water and sewer facilities pursuant to division (A)(2) below. Where compliance with division (A)(2) below is determined by the Planning and Inspections Director to be infeasible, the subdivider may consider divisions (A)(3) or (4) below.

         (c)   Water supply and sewerage facilities shall be designed in accordance with applicable city, county and state public health laws and regulations.

         (d)   Subdivisions must also meet any additional connection requirements found in other chapters of the city code of ordinances, including § 150.09.

         (e)   Various combinations of the water supply and sewage disposal systems specified in divisions (A)(2) through (4) below may be used for a single subdivision, but each system must meet the appropriate authorizing agencies’ requirements according to state law.

         (f)   Utility improvements shall not be constructed until the utility construction plans have been reviewed and approved by the appropriate utility provider. Work performed pursuant to approved utility construction plans shall be inspected and approved by the appropriate utility provider.

      (2)   Public Water and Sewer Connection Policy. The subdivider shall install water and sewer utilities and connect to the city’s public water or sewer facilities in accordance with the following specifications:

         (a)   For lands located within the city’s corporate limits.

            1.   Where city sanitary sewer lines and water mains are within 300 feet, the subdivider’s sanitary sewer lines and water mains shall connect with the city system.

            2.   Where city sanitary sewer lines and water mains are not within 300 feet, and whether plans have or have not yet been formulated for the installation and the proposed sanitary sewer lines and water mains are accessible, the subdivider’s sanitary sewer lines and water mains may connect with the city system at the city’s discretion.

            3.   Where city sanitary sewer lines and water mains are not reasonably accessible but where plans for the installation of sewer lines and water mains in the vicinity of the subdivision have been prepared, the proposed sanitary sewer lines and water mains shall be installed to conform with and to tie into the planned system, although connection to an existing sewer line or water main may not be immediately practical, and during the interim, the use of septic tanks and absorption tile or other methods of sewage disposal meeting specifications of the city, the County Health Department and other authorizing agencies will be permitted. Similarly, the use of a private water system approved by the city, the County Health Department, and other authorizing agencies will be permitted.

            4.   The total cost of the sanitary sewer and water distribution improvements and accessories thereto such as manholes, laterals, valves, fire hydrants and other items designed to connect with and become a part of the city sanitary sewer or water distribution system is to be borne by the subdivider.

         (b)   For lands located within the city’s ETJ.

            1.   The city shall not provide services outside of the city limits unless city specifications are adhered to.

            2.   If city water and sewer services are desired by the subdivider, plans and specifications shall be furnished to the City Manager for the installation of necessary sanitary sewer lines and water mains and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the City Manager and other authorizing agencies, installation can begin under city inspection. City mains shall be installed to conform with and to tie into the city system prior to the paving of any streets involved.

            3.   The total cost of the sanitary sewer and water distributor improvements and accessories thereto such as manholes, laterals, valves, fire hydrants and other items designed to connect with and become a part of the city sanitary sewer or water distribution system is to be borne by the subdivider.

            4.   In the event that the subdivider should desire to have the city contract for and install the improvements mentioned in this section, the subdivider shall bear the cost of the improvements of the completed project. Upon agreement by the City Board to contract the project, the subdivider shall deposit with the city the amount which the City Manager estimates will be the cost of the project plus 10%. The subdivider will enter into a contract with the city which will stipulate if the completion costs exceed the original deposit the subdivider will bear the additional cost. The contract will also state if the completed cost of the project is less than the original deposit a refund will be made immediately on the excessive amount by the city.

      (3)   Community water and sewer facilities.

         (a)   Where city water and sewer facilities are not available and connection to an existing community sewerage or water system is planned, the subdivider shall install water and sewer utilities and connect to the community system only upon connection approval by an authorized officer of the system. Community systems are defined as a water or sewer system operated by a person, firm or corporation other than the city or other governmental agency.

         (b)   New community water supply and sewage disposal systems serving ten or more connections are classified by state law as “public”, and plans and specifications for the facilities must be approved by the Sanitary Engineering Section, Division of Health Services (formerly the State Board of Health), State Department of Human Resources and the State Department of Environment and Natural and Resources.

         (c)   New community water supply and sewage disposal systems serving two to nine connections are regulated by state law, and plans and specifications for the facilities shall have approval by the County Health Department or the State Department of Environment and Natural Resources, whichever is applicable.

      (4)   Individual water and sewer facilities.

         (a)   Where city water and sewer facilities are not available and individual, on-site water supplies or individual sewage disposal systems are planned, the subdivision owner at his or her own expense shall have the site investigated by the County Health Department and any other authorizing agency to determine whether or not the individual facilities are feasible.

         (b)   The subdivision owner shall present proof to the Planning Board (for Major Plats) or Planning and Inspections Director (for Minor Plats) that appropriate soil tests have been conducted, and each lot in the subdivision not served by public water or sewage disposal systems has been approved by the County Health Department for individual water supplies or sewage disposal systems.

         (c)   The site investigation for sewage disposal shall include sufficient number of percolation tests, and test holes of sufficient depth to determine the absorption capacity of the soil and the location of the ground-water table, and of rock formations or other impervious strata. The number of percolation tests required, the depth of test holes and the testing method shall be determined and directly supervised by the County Sanitarian.

         (d)   Individual, on-site water supply and sewage disposal systems must be installed and maintained in accordance with state law. Approval of these individual systems shall be based on site investigation by the County Health Department. On-site investigations include tests of the absorption capacity of the soil and sub-soil which will indicate whether a lot is suitable for individual water supply or individual sewage disposal systems.

      (5)   Temporary sewer systems. Temporary sewage conveyance and disposal systems installed due to city sewer being neither accessible nor planned shall be financed by the subdivider without reimbursement by the city.

   (B)   Electrical, cable and telephone utilities. All electrical, cable, telephone and other communications wiring shall be installed underground unless the utility company serving the subdivision has a policy which mandates above ground utility poles. In those cases, the above ground utility poles shall be at the rear of the lots. Transformers and other apparatus may be installed on the ground surface if it is found by the Planning and Inspections Director to be technically unfeasible to install the equipment below the surface.

      (1)   Burial of power lines shall not be required if:

         (a)   The lines existed above ground at the time of first approval of a plat or other development plan, whether or not the power lines are subsequently relocated during construction of the subdivision or other development plan; and

         (b)   The lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan.

   (C)   Stormwater management, storm drainage and sedimentation control.

      (1)   Generally.

         (a)   The subdivider shall provide stormwater management and storm drainage systems for the proper drainage of all surface waters. No surface water shall be channeled or directed into a sanitary sewer.

         (b)   Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage. Where surface drainage courses are provided, they shall be of shallow swale ditch type having side slopes of approximately three feet of horizontal distance for each one foot of vertical distance, and courses shall be sufficient size to accommodate the drainage area. The minimum grade along the bottom of a surface drainage course shall be a vertical fall of approximately one foot in each 300 feet of horizontal distance.

         (c)   The subdivider shall install on-site stormwater systems in accordance with and shall meet the minimum standards, provisions, and requirements of Chapter 53, Stormwater Management.

         (d)   All stormwater BMPs shall meet the following specifications, in addition to the specifications required under Chapter 53:

            1.   On-site stormwater systems shall fit the general scheme of the development, shall be considered an amenity of the development, and shall not be of a design or nature as to constitute a nuisance;

            2.   The ten-foot perimeter of any on-site stormwater system (measured from the high water line, if applicable) shall be landscaped to prevent erosion and to integrate the on-site stormwater system into the general surroundings and development scheme;

            3.   Wet detention ponds shall be of irregular shape and shall have sides which gradually slope to the center of the pond; and

            4.   The depth at the deepest point of any wet detention pond shall be between three and six feet.

         (e)   The subdivider shall control sedimentation and prevent soil erosion pursuant to the standards and requirements of § 156.03, Soil Erosion and Sedimentation Control. In addition, the following standards shall be met for the protection of all surface waters:

            1.   Any unstabilized soil exposed during construction shall be stabilized with vegetative cover to prevent erosion by wind or surface water.

            2.   There shall be no evidence of increased siltation away from the construction area that results from soil being exposed during clearing operations for construction or during construction.

            3.   Surface drainage shall be directed whenever possible along natural drainage courses or nonstructural land drainage systems so that vegetation can cleanse runoff waters.

      (2)   Requirements for subdivisions within the city limits.

         (a)   The subdivider shall install utilities in keeping with specifications pursuant to division (C)(1) above.

         (b)   Plans and specifications shall be provided by the subdivider and forwarded to the Planning and Inspections Director showing necessary storm drains, sedimentation control methods and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the City Manager, the County Health Department, and other authorizing agencies, installation by the subdivider can begin under city inspection.

         (c)   The total cost of the storm drainage and other improvements and accessories thereto such as manholes, drop inlets, catch basins and other items designed to connect with and become a part of the city storm drain system is to be borne by the subdivider.

      (3)   Requirements for subdivisions within the ETJ.

         (a)   The subdivider shall install utilities in keeping with specifications pursuant to division (C)(1) above.

         (b)   If city water and sewer services are desired by the subdivider, plans and specifications shall be furnished to the City Manager for the installation of necessary storm drains and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the City Manager and other authorizing agencies, installation can begin under city inspection. City mains shall be installed to conform with and to tie into the city system prior to the paving of any streets involved.

         (c)   The total cost of the storm drainage improvements and accessories thereto such as manholes, drop inlets, catch basins and other items designed to connect with and become a part of the city storm drain system is to be borne by the subdivider.

         (d)   Improvement completion agreement. In the event that the subdivider should desire to have the city contract for and install the improvements mentioned in this section, the subdivider shall bear the cost of the improvements of the completed project. Upon agreement by the City Board of Commissioners to contract the project, the subdivider shall deposit with the city the amount which the City Manager estimates will be the cost of the project plus 10%. The subdivider will enter into a contract with the city which will stipulate if the completion costs exceed the original deposit the subdivider will bear the additional cost. The contract will also state if the completed cost of the project is less than the original deposit a refund will be made immediately on the excessive amount by the city.

   (D)   Easements.

      (1)   The subdivider shall convey easements to the city or appropriate utility company for both underground and overhead utility installation where needed. Easements shall be at least 20 feet wide and normally centered along rear or side lot lines. Wider easements may be required if the topography along the proposed right-of-way is such that maintenance equipment cannot reasonably operate within the minimum 20-foot wide easement. Where easements are required along the outside perimeter of a subdivision, 15 feet will be required.

      (2)   Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the one hundred-year floodplain and the further width or construction, or both, as will be adequate for the purpose of managing stormwater runoff in a manner that will safeguard the health and property of the citizens of the city. Parallel streets or parkways may be required in connection therewith if deemed in the public interest by the Planning and Inspections Director.

      (3)   Lakes, ponds, creeks and similar areas will be accepted for maintenance only if sufficient adjacent land is dedicated as a public recreation area or park or if the area constitutes a necessary part of the drainage control system. The areas must be approved by the Planning and Inspections Director on recommendation of the Planning Board and Recreation Director.

      (4)   If the city elects to maintain any on-site stormwater system, the subdivider shall convey to the city an easement covering the stormwater system together with an easement and right-of-way for access to the on-site stormwater system. The easement and right-of-way shall provide access to the on-site stormwater system from a public street and shall be at least 20 feet wide for access from the public road and at least 15 feet around the perimeter of the on-site stormwater system (measured from the high water line, if applicable).

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Compliance with official plans. When a tract to be subdivided embraces any part of a major thoroughfare, parkway or boulevard designated on official maps and plans, the part of the proposed public right-of-way shall be platted and dedicated by the subdivider in the location and at the width specified.

   (B)   Sidewalks. Street yard, buffer yard and sidewalks shall be installed according to Chapter 157, except any new subdivision street located within two blocks of a school (district access) shall be required to have sidewalks on both sides of the street, regardless of lot size and zoning classification.

   (C)   Streets. The following shall be considered the minimum standard of design for new streets within proposed subdivisions within the city’s jurisdiction, but in no case shall these standards be less than the accepted policies of the State Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway and Transportation Officials (AASHTO) manuals.

      (1)   Generally.

         (a)   All new proposed street systems within a subdivision shall be coordinated with the existing street or road system surrounding the subdivision.

         (b)   Minor thoroughfares, local streets and cul-de-sacs shall be so laid out that their use by through traffic will be discouraged.

         (c)   Where in the opinion of the Planning Board, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by platting to the boundary of the property and a temporary turnaround shall be provided.

         (d)   Private streets not open to public use shall be prohibited within any platted subdivision.

         (e)   When a subdivision abuts a major thoroughfare or principal arterial street, the subdivider may be required to construct a frontage road, or in most instances reverse frontage on a minor street for the lots to be developed adjacent to the thoroughfare. Where reverse frontage is established, private driveways shall be prevented from having direct access to the thoroughfare.

         (f)   Street names which duplicate or are phonetically similar to existing street names shall be prohibited. A proposed street which is in alignment with an existing street shall bear the name of the existing street.

         (g)   When a tract of land is subdivided into lots which are larger than the norm, the lots will be designed and arranged so that they allow for future opening of streets and further logical subdivision.

         (h)   Subdividers shall implement a subdivision street system that connects in at least two

separate areas with an existing street or road system surrounding the subdivision and will allow emergency vehicles easily to access the subdivision other than by the primary entrance to the subdivision.

      (2)   Street classification. In all new subdivisions, streets that are dedicated to public use shall be classified as provided herein.

         (a)   The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day.

         (b)   The number of dwelling units to be served by the street may be used as a useful indicator of the number of trips but is not conclusive.

         (c)   Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.

         (d)   The classification of streets shall be as listed in Table 158-1:

 

 

      (3)   Right-of-way.

         (a)   Minimum street right-of-way widths shall not be less than the following in Table 158-2:

 

         (b)   The subdivider will only be required to dedicate a maximum of 100 feet of right-of-way. In cases where over 100 feet of right-of-way is desired, the subdivider will be required to reserve the amount in excess of 100 feet. In all cases in which right-of-way is sought for an access controlled facility, the subdivider will only be required to make a reservation.

      (4)   Pavement widths with curb and gutter. All streets shall be constructed with curb and gutter and shall conform to the other requirements in this section. Considerations may be given to alternative methods for street installation, however it must be substantiated that is not feasible to install curb and gutter. This shall be proven by the design professional prior to submittal of the preliminary plat. Minimum pavement width shall not be less than the following in Table 158-3, when utilizing curb and gutter:

 

      (5)   Pavement widths with swale drainage. Minimum pavement width shall not be less than the following in Table 158-4 when utilizing swale drainage:

 

      (6)   Pavement construction.

         (a)   Pavement construction shall be in accordance with the most current accepted standards of the State Department of Transportation, Division of Highways and city policy.

         (b)   Streets shall be marked in accordance with the applicable provisions of the North Carolina Department of Transportation Highway Marking Manual and supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time.

      (7)   Design and geometric characteristics.

         (a)   The standards outlined below shall apply to all subdivision streets proposed for addition to the state highway system or municipal street system.

         (b)   In cases where a subdivision is sought adjacent to a proposed thoroughfare corridor, the requirements of dedication and reservation discussed under right-of-way shall apply.

         (a)   Design speed. The design speeds for subdivision-type streets shall be as noted in Table 158-5:

 

 

         (b)   Geometry. When a continuous street center line deflects at any point by more than three degrees, a circular curve shall be introduced, having a radius of curvature on the center line of not less than the following in Table 158-6:

 

 

         (c)   Tangents. A tangent at least 100 feet long shall be provided between reverse curves on all streets.

         (d)   Right angles. Streets shall be laid out so as to intersect as nearly as possible at right angles and a street shall not intersect any other street at less than 60 degrees.

         (e)   Jogs. Street jogs with center line offsets of less than 125 feet on major or collector streets shall be avoided.

         (f)   Intersections. Intersections with a major highway shall be at least 800 feet apart.

         (g)   Property lines at street intersections. Property lines at street intersections shall be rounded with a minimum radius of 20 feet or of a greater radius when required by the Planning Board.

         (h)   Cul-de-sac and dead-end streets.

            1.   In general, streets designed to have one end permanently closed shall be avoided unless it is clear that a through street is not essential to the street system of the area.

            2.   Cul-de-sac and permanent dead-end streets shall have:

               a.   A turnaround at the closed end with the diameters specified for a cul-de-sac turnaround in divisions (C)(3) through (C)(5) above; and

               b.   A length not longer than the total number of feet shown on the following table, where this length is measured from the street intersection (including an intersection with another cul-de-sac or dead-end street) nearest the closed end to the closed end as noted in Table 158-7 below:

 

          (i)   Service drives or alleys. Service drives or alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived where other definite and assured provision is made for service access.

         (j)   Curbs, gutters and curb cuts.

            1.   Curbs and gutters shall be installed by the developer in accordance with accepted construction standards as specified in Roadway Standards, State Department of Transportation and in accordance with city policy.

            2.   Where curbs and curb cuts are installed, the facilities shall comply with G.S. § 136-44.14 concerning curb cuts with respect to handicapped persons.

   (D)   Street name signs. Appropriate street name signs which meet the Manual on Uniform Traffic Control Devices (MUTCD) shall be installed by the developer at all street intersections. Names of streets shall be reviewed and recommended for approval by the city’s GIS Department before adoption of the final plat.

   (E)   Stop and yield signs. Stop and yield traffic signs shall be installed by the developer at appropriate street intersections as required by the city, or State Department of Transportation, Division of Highways.

   (F)   Street lighting.

      (1)   Lighting plan. Before final approval of a subdivision plat, the developer shall present a street lighting plan, formulated with the aid of the local utility serving the area in which the subdivision is being developed. Street lights shall be installed at every intersection, or cul-de-sac, and at intervals of no less than 500 feet between intersections in residential areas. Additional street lights shall be installed in accordance with city policy.

      (2)   Rental costs. Rental costs of street lights, if within the city shall be assumed by the city. Rental costs of street lights, if outside the city limits, shall be assumed by the subdivider or property owner.

(Ord. passed 7-25-2011)

   (A)   For major residential subdivisions consisting of lots with an average minimum lot size of 10,000 square feet or less, the Planning Board may recommend and the Board of Commissioners may require any or all the following:

      (1)   Sufficient land area be designated and reserved on each individual lot to accommodate anticipated off-street parking;

      (2)   The recordation of deed restrictions and subdivision plat notations restricting vehicular parking on individual lots to paved surfaces and within reserved off-street parking areas;

      (3)   Wider minimum street pavement widths to accommodate on-street parking;

      (4)   The provision of off-street overflow and/or visitor parking;

      (5)   For subdivisions and nontraditional residential lot developments and the like, sidewalks shall be considered for both sides of all streets. Sidewalks and/or pedestrian walkways shall also be installed to provide access to internal or adjoining recreational areas and facilities, community buildings, schools, commercial areas and other pedestrian-oriented areas;

      (6)   Greater building setbacks along the perimeter of the subdivision where it adjoins lower density residential areas;

      (7)   Wider buffer areas along the perimeter of the subdivision to provide a greater separation from adjoining lower density residential areas and/or increased planting standards to provide a more opaque screen;

      (8)   Multiple entrances to the subdivision from major streets of access;

      (9)   A higher level of vehicular connectivity with adjoining tracts;

      (10)   Shorter cul-de-sac street lengths; and

      (11)   Alternative means of vehicular access to individual lots fronting on major thoroughfares.

   (B)   For purposes of this section, the average lot size of all residential building lots proposed in the subdivision shall be calculated to define “small lot subdivision”.

   (C)   The Board of Commissioners, in determining the minimum design standards applicable to small lot subdivisions, shall take into consideration the following factors:

      (1)   The overall density of the proposed subdivision relative to other developments in the vicinity of the small lot subdivision;

      (2)   The total number of lots proposed;

      (3)   The zoning patterns, projected future land use and development potential of the surrounding area for similar small lot subdivision development;

      (4)   The anticipated vehicular traffic generation and parking needs of the intended occupants or targeted market of the proposed development;

      (5)   The existing and proposed street system and traffic flows and patterns; and

      (6)   The mitigating impact of the voluntary provision of recreational and open space in an amount which exceeds the minimum amount required in Chapter 157.

   (D)   After determining the need for the imposition of the design standards delineated in division (A) above, the Board of Commissioners shall utilize the following guidelines to implement the additional requirements for small lot subdivisions:

      (1)   Sufficient land area designated and reserved on each individual lot to accommodate anticipated off-street parking shall be calculated at approximately 200 square feet per required parking space. All parking shall be located completely on an improved driveway or improved parking pad. No more than 30% of the front yard or a side yard abutting a street on a corner lot may be improved for off-street parking and drives.

      (2)   Minimum street pavement widths should be increased by approximately nine feet to accommodate on-street parking. The Planning Board and Board of Commissioners shall request the recommendation of the City Engineer and the NCDOT, if applicable, for specific pavement widths necessary to provide adequate on-street parking on public streets.

      (3)   Off-street overflow and/or visitor parking shall generally be provided at the standard of one parking space per three lots unless the Board of Commissioners determines that the subdivision layout and density warrant a higher standard. Overflow/visitor parking shall be grouped and spaced throughout the subdivision so as to be readily accessible to lot owners. Overflow/visitor parking shall be owned and maintained by a property owners’ association.

      (4)   For subdivisions and nontraditional residential lot developments and the like, sidewalks shall be considered for both sides of all streets. Sidewalks and/or pedestrian walkways shall also be installed to provide access to internal or adjoining recreational areas and facilities, community buildings, schools, commercial areas and other pedestrian-oriented areas.

      (5)   Building setbacks along the perimeter of the subdivision where it adjoins lower density residential areas shall be the same or exceed the building setback standard applicable to the adjoining lower density residential zoning district.

      (6)   To provide a greater separation from adjoining lower density residential areas, a 20-foot wide Type B landscaped buffer shall be installed along the external boundary line of the small lot development that adjoins a lower density residentially-used or zoned property. The buffer shall comply with the planting requirements of Chapter 157.

      (7)   Developments of 50 or more residential units or additions to existing developments that increase the total number of residential units to 50 or more shall be required to provide vehicular access to at least two public streets unless the City Engineer determines that topography, natural features, or the pattern of existing adjacent development makes the provision impractical.

      (8)   Vehicular connectivity with adjoining tracts shall be determined in accordance with the provisions of § 158.086.

      (9)   Cul-de-sac street lengths generally should not exceed 400 feet or be designed to provide access to no more than 20 dwellings or a maximum projected average daily traffic (ADT) of 200, whichever is greater.

      (10)   Individual lots fronting on a major or minor thoroughfare or a collector street shall not have direct vehicular access to the roadway. Vehicular access to all lots shall be limited to internal, local residential streets.

   (E)   (1)   The establishment of a property owners’ association is mandatory.

      (2)   Recordation of private deed restrictions which address particular land use and development issues or which exceed city requirements is encouraged.

(Ord. passed 7-25-2011)

   (A)   Recreation and open space. All subdivision plats shall comply with the recreation and open space requirements pursuant to § 157.10.

   (B)   Public parks and greenways. In the event that a proposed park, greenway or other public park site shown on any part of the officially adopted land use plan for the city is located in whole or in part within a proposed subdivision, the Planning Board and Planning and Inspections Director shall require that the subdivider leave the land unsubdivided for six months to give the city opportunities to negotiate purchase at the raw land price or initiate condemnation proceedings.

(Ord. passed 7-25-2011)

   (A)   When a preliminary major subdivision plat is submitted for approval, in which, according to the city’s CAMA Comprehensive Land Use Plan, a school site should be reserved, the Planning Board shall notify the Board of Education that the subdivision has been submitted for approval and that under this section a school site may be reserved therein. In reviewing the subdivision and giving approval thereto, the Planning Board shall consult the Board of Education in determining the exact size and location of any school site to be reserved therein.

   (B)   Before the final plat of the subdivision is finally approved, the Board of Education shall determine whether or not it wishes to have a school site reserved in the subdivision. If the Board of Education does not wish to have a school site reserved in the subdivision, it shall so notify the Planning Board and in that event no school site shall be reserved therein. If the Board of Education does wish to have a school site reserved in the subdivision, the subdivision as finally approved shall reserve a school site of a size and location agreeable to the Board of Education and to the Planning Board.

   (C)   If the Board of Education has not purchased or begun proceedings to acquire the site within a maximum of 18 months after the subdivision is finally approved, the subdivider may treat the lands as freed of the reservation. If the Board of Education does not wish to have a school site reserved, the subdivider shall be immediately notified that he or she may proceed with the disposition of the land in question in accordance with the subdivision procedures and provisions of this chapter.

(Ord. passed 7-25-2011)

   (A)   Establishment of owners’ association.

      (1)   Creation. An owners’ association shall be established to fulfill the requirement of the North Carolina Condominium Act or to accept conveyance and maintenance of all common areas and facilities within a development containing common areas.

      (2)   Conveyance. Where developments have common areas for facilities serving more than one dwelling unit, these areas shall be conveyed to the owners’ association in which all owners of lots in the development shall be members. All areas other than public street rights-of-way, and other areas dedicated to the city, shall be shown and designated as common areas. The fee-simple title of the common area shall be conveyed by the subdivider or developer to the owners’ association.

      (3)   Subdivision or conveyance of common area. Common areas shall not be subsequently subdivided or conveyed by the owners’ association unless a revised preliminary major plat and a revised major final plat showing the subdivision or conveyance have been submitted and approved.

      (4)   Owners’ association Not Required. Developments involving only two units attached by a party wall shall not be required to have common areas or an owners’ association. Developments with only two units attached and not having an owners’ association shall have an agreement between owners concerning maintenance of party walls.

   (B)   Submission of Owner’s Association declaration. Prior to or concurrently with the submission of the final major plat for review and approval, the applicant shall submit a copy of the proposed bylaws of the owners’ association containing covenants and restraints governing the association, plats and common areas. The submitted documents shall be reviewed by the City Attorney and a recommendation made to the Board of Commissioners as to their sufficiency. The restrictions shall include provisions for the following:

      (1)   Existence before any conveyance. The owners’ association declaration shall be organized and in legal existence prior to the conveyance, lease-option or other long-term transfer of control of any unit or lot in the development.

      (2)   Membership. Membership in the owners’ association shall be mandatory for each original purchaser and each successive purchaser of a lot or unit. Provisions shall be made for the assimilation of owners in subsequent sections of the development.

      (3)   Owners’ association declaration.

         (a)   Responsibilities of owners’ association. The owners’ association declaration shall state that the association is responsible for:

            1.   The payment of premiums for liability insurance and local taxes;

            2.   Maintenance of recreational and/or other facilities located on the common areas; and

            3.   Payment of assessments for public and private improvements made to or for the benefit of the common areas.

         (b)   Default of owners’ association. Upon default by the owners’ association in the payment to the city of any assessments for public improvements or ad valorem taxes levied against the common areas, which default shall continue for a period of six months, each owner of a lot in the development shall become personally obligated to pay to the city a portion of the taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the city by the total number of lots in the development. If the sum is not paid by the owner within 30 days following receipt of notice of the amount due, the sum shall become a continuing lien on the property of the owner, his or her heirs, devisees, personal representatives and assigns. The city may either bring an action at law against the owner personally obligated to pay the same, or may elect to foreclose the lien against the property of the owner.

         (c)   Powers of the Association. The owners’ association is empowered to levy assessments against the owners of lots or units within the development. The assessments shall be for the payment of expenditures made by the owners’ association for the items set forth in this section, and any assessments not paid by the owner against whom such assessments are made shall constitute a lien on the lot of the owner.

         (d)   Easements. Easements over the common areas for access, ingress and egress from and to public streets and walkways and easements for enjoyment of the common areas, and for parking, shall be granted to each lot owner.

         (e)   Maintenance and restoration. Provisions for common area maintenance of and restoration in the event of destruction or damage shall be established.

         (f)   Nonresidential condominiums. If the condominium is a nonresidential condominium, the declaration shall contain the following provisions.

            1.   Parking spaces shall be allocated among the individual lots or units in such a manner that each unit is entitled to a sufficient number of parking spaces to comply with this chapter for the use intended to be located therein.

            2.   The owners’ association shall maintain a register listing the total number of parking spaces in the development and the number of parking spaces allocated to each lot or unit. A copy of this register shall be available to the city at the request of the Zoning Administrator.

            3.   The owners’ association shall not reduce the number of parking spaces allocated to an individual lot or unit without the express written consent of the owner thereof, and in no case shall the number of parking spaces allocated to an individual unit be reduced to a number below that required by this chapter.

   (C)   Residential developments.

      (1)   For all residential developments specified in Chapters 154, 155 and 157 as requiring homeowner’s associations, the establishment of a homeowners association shall be mandatory.

      (2)   The homeowners association shall be organized and established as a legal entity before or as part of the final plat approval and recording process.

      (3)   Membership in the homeowners association shall be mandatory for each original purchaser and each successive purchaser of a residential site. The homeowners association shall comply with the standards of this section.

      (4)   The homeowners association shall be responsible for the payment of premiums for liability insurance, local taxes, maintenance of recreational and other facilities located on the common areas, payment of assessments for public and private capital improvements made to or for the benefit of the common areas, maintenance and repair to the exterior of all attached residences located within the development or other common area facilities. It shall be further provided that upon default by the homeowners association in the payment to the governmental authority of any ad valorem taxes levied against the common areas of assessments for a period of six months, then each owner of a residential site in the development shall become obligated to pay to the taxing or assessing governmental authority a portion of the taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the governmental authority by the total number of residential sites in the development. If the sum is not paid by the owner within 30 days following receipt of notice of the amount due, then the sum shall become a continuing lien on the residence of the then owner, his or her heirs, or assigns. The governmental authority may them either bring an action at law against the owner obligated to pay the same or may elect to foreclose the lien against the residence of the owner.

      (5)   The homeowners association shall be empowered to levy assessments against the owners of residential sites within the development for the payment of expenditures made by the homeowners association for the items set forth in the preceding subparagraph and any such assessment not paid by the owner against whom such are assessed, shall constitute a lien on the residence of the owner.

         (a)   Proposed articles of incorporation. The articles of incorporation shall provide for homeowners’ control when over 50% of the dwelling units are sold.

         (b)   Proposed bylaws. The bylaws shall provide for annual meetings of the association, election of officers, and distribution of an annual financial accounting to members.

         (c)   Proposed annual budget. A proposed annual budget shall show monthly assessments which must be set at a sufficient level to insure success of the association.

      (6)   As a part of the approval process, the developer shall submit to the city the following documents for review:

         (a)   Proposed articles of incorporation for the association. These articles of incorporation shall provide for homeowners control when over 50% of the dwelling units are sold.

         (b)   Proposed bylaws of the association. The bylaws shall provide for annual meetings of the association, election of officers and distribution of an annual financial accounting to members.

         (c)   Proposed annual budget of the association showing monthly assessments. The monthly assessments must be set at a sufficient level to insure success of the association and necessary capital expenses.

      (7)   Proposed restrictions and covenants for the common area and residential sites shall be provided in the declaration.

(Ord. passed 7-25-2011)

   (A)   Generally. Where the required improvements have not been completed prior to the submission of the plat for final approval, the Board of Commissioners may approve the plat subject to the subdivider guaranteeing the installation of the improvements. Upon approval of the Planning and Inspections Director, performance guarantees shall initially run for a period of one (1) year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one (1) year from the date the bond is issued unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

      (1)   The amount of the performance guarantee shall not exceed 125% of the reasonably estimated cost of completion at the time the performance guarantee is issued. The City Manager may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100% of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 25% includes inflation and all costs of administration regardless of how such fees or charges a denominated. The amount of any extension shall not exceed 125% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.

      (2)   A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the City, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. The extension shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure below and shall include the total cost of all incomplete improvements.

      (3)   The developer shall have the option to post one type of a performance guarantee in lieu of multiple one for all development matters related to the same project.

      (4)   The performance guarantee shall be posted no later than the time of recordation of the final plat.

      (5)   The performance guarantee shall only be used for completion of the required improvements and not for repairs or maintenance after completion.

      (6)   No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this section or in the proceeds of any such performance guarantee other than the following:

         (a)   The City.

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

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

      (1)   A letter of credit or line of credit from a lending institution that specifies a limit of credit which may be extended to a developer upon request. This amount may not be used for purposes other than the improvements specified for the subdivision being approved. The lending institution shall agree to provide assurance to the City Planning and Inspections Director that a notice of advances on the specified line of credit will be forwarded by the lending institution to the City Manager.

      (2)   Performance or surety bond executed by a company duly licensed to do business in the state or certified check drawn in favor of the city, or cash deposited with the city.

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

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   This section governs modifications of and variances from the improvements set forth in this chapter; provided, however, that modifications or variances from requirements may be permitted only upon a determination by professional engineers registered in the state, applying generally accepted engineering principles, that due to topographic or other conditions undue practical difficulties or undue hardships would result if adherence to these provisions are required.

   (B)   All subdivisions with modifications or variances shall be considered major subdivisions and be processed as such according to this chapter.

   (C)   The initial determination shall be made by a professional engineer for the city and a professional engineer for the subdivider. In the event these two engineers are unable to agree as to any matter concerning the proposed variation or modification, the disagreement shall be referred to a third engineer selected by the engineer for the city and the engineer for the subdivider. The engineer so selected shall settle the disagreement between the engineer for the city and the engineer for the subdivider. The engineers shall submit their findings to the Planning and Inspections Director who promptly shall submit the findings to the Planning Board for consideration. All expenses incurred by the city in obtaining the opinion of the engineers shall be paid by the subdivider.

   (D)   In the case of a plan or program for a nontraditional residential lot development which, in the judgment of the Planning Board, provides adequate light, air, and service needs of the tract when fully developed and populated, and which also provides the covenants or other legal provisions as will assure conformity to and achievement of the land development plan of the city and the UDO, the Planning Board may recommend and the Board of Commissioners may authorize that certain standards and requirements of these regulations be modified.

   (E)   Any modification thus authorized is required to be entered in writing in the minutes of the Planning Board and the reasoning on which the modification was based set forth. It is intended here that these regulations be used in association with the nontraditional residential lot development provisions of the UDO. Any modifications in the standard design criteria of these regulations needed, in the opinion of the Planning Board, to fulfill the intent and purpose of the nontraditional residential lot development provisions of the zoning ordinance are permitted.

   (F)   Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause an unnecessary hardship, the Board of Adjustment may authorize a variance pursuant to § 159.02, if the variance can be made without destroying the intent of these regulations and if the other requirements of Chapter 159 are met.