Editor's note— Ord. No. 7622/20-38, § 11.B, adopted August 5, 2020, repealed §§ 7.2.1—7.2.5 which pertained to financial guarantees and derived from Ord. No. 7365/17-108, § 11, adopted November 20, 2017 and the original development ordinance.

The purpose of this section is to establish standards for the subdivision of land in the City. More specifically, this section is intended to:

A.

Provide for the orderly growth and development of the City.

B.

Coordinate the provision of streets within and contiguous to proposed subdivisions with other existing or planned streets in the general area.

C.

Provide for adequate drainage and flood control.

D.

Provide for the adequate provision of public services and infrastructure.

E.

Provide for adequate open space for light, air, and recreation.

F.

Provide for the conservation and protection of natural and historical areas.

G.

Provide for the acceptance of rights-of-way, easements, streets, curbs, gutters, sidewalks, bikeways, drainage facilities, water and sewer facilities, and other improvements dedicated to public use.

H.

Provide for the installation of monuments establishing street and lot lines.

A.

General No subdivision of land in the City's jurisdiction, as defined in Section 10.4, Definitions including group development or multiple lot development shall occur, and no lot or parcel created by such division of land may be sold or developed, unless the division is expressly exempted from this section or has received subdivision approval in accordance with Section 2.5.11, Preliminary Plan, Section 2.5.7, Final Plat, and the requirements of this chapter.

B.

Exclusions Divisions of land not considered a subdivision shall be exempted from these standards in accordance with Section 2.5.6, Exclusion Map.

C.

Dedication and Acceptance

1.

Rights-of-Way and Easements

(a)

The approval and recordation of a final plat constitutes dedication to and acceptance by the City of each public street, alley, or utility easement shown on the plat.

(b)

The approval and recordation of a final plat does not constitute acceptance by the City of maintenance responsibility for improvements within a right-of-way or easement.

(c)

Improvements within a right-of-way or easement, such as utility lines, street paving, drainage facilities, or sidewalks may be accepted for maintenance by the City Council or by the Engineering Services Director, who is authorized to inspect and, where appropriate, accept the dedication of such improvements.

2.

Open Space

(a)

Land designated as public open space on a final plat shall be considered to be offered for dedication until such offer is accepted by the City. The offer may be accepted by the City through:

(1)

Express action by the Engineering Services Director; or

(2)

Conveyance of fee simple marketable title (unencumbered financially and environmentally) of the land to the City at the time of final plat recordation.

(b)

Until such offer of dedication is accepted by the City, land offered for dedication may be used for open space purposes by the landowner or by the owners' association. Land offered for dedication shall not be used for any purpose inconsistent with the proposed public use.

(Ord. No. 7622/20-38, § 22, 8-5-2020)

A.

Required Street and utility construction plan approval shall be required for all street, potable water, sanitary sewer, and storm sewer facilities before the street and utility improvements occur.

B.

Preparation Street and utility construction plans shall be prepared by a registered engineer licensed to practice in the State of North Carolina. They shall be prepared in accordance with the Development Guide.

C.

Construction Plans

1.

Street and utility construction plans for all street, potable water, sanitary sewer, and storm sewer facilities shall be submitted to the City following or concurrently with preliminary plan review but shall not be reviewed until the street and utility network for the preliminary plan is found generally satisfactory by the TRC.

2.

For each subdivision section, the street and utility construction plans shall include all improvements lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section that are required to serve that section.

3.

Street and utility construction plans shall not be approved until the preliminary plan is approved in accordance with Section 2.5.11, Preliminary Plan.

D.

Statement of Required Improvements The applicant shall submit a statement of required improvements which specifies the length of streets to be constructed and the diameter material and length of sanitary sewer and water lines and other required public improvements to be installed for the subdivision section. The statement shall include all public improvements for which the developer/subdivider is responsible and the date when the improvements shall be completed.

E.

Oversized Improvements and Extensions

1.

The City may require the construction of wider streets and the installation of oversized utilities when it is in the interest of future development or the street is shown for improvement on the Comprehensive Transportation Plan.

2.

When the construction of wider streets or the installation of oversized utilities is required, the City shall reimburse the developer for the oversizing.

3.

The City may require the extension of streets and utilities to adjacent land when it is in the interest of future development or is shown on the Comprehensive Transportation Plan.

F.

Approval Period Street utility construction plan approval shall be valid for 2 years unless the TRC determines that materials or methods shown on the plan pose a threat to the public health or safety. Plan approval shall be extended in conjunction with the extension of preliminary plan approval, unless the TRC determines that materials or methods shown on the plan pose a threat to public health or safety. The extension shall expire concurrently with the expiration of the preliminary plan.

G.

Inspection Work performed in accordance with approved street and utility construction plans shall be inspected and approved by the City.

H.

As-Built Plans Required Upon completion of a public infrastructure project, the developer shall certify to the Engineering Services Director that the completed project has been constructed in accordance with the approved plans and shall submit actual "as built" plans for all public improvements after final construction is completed. A final inspection and approval by the Engineering Services Director shall occur before the release of the performance guarantee, as applicable.

(Ord. No. 7622/20-38, §§ 11.F, 22, 8-5-2020)

A.

Dedication of Right-of-Way with Density Transfer When land is proposed for subdivision or is being considered for approval as a conditional zoning district or special use and a portion of it is in a corridor for a street or highway shown on a plan established and adopted in accordance with North Carolina General Statutes Section 136-66.2, the City may provide for the dedication of right-of-way within that corridor pursuant to any applicable legal authority.

1.

Required Dedication The City may require the applicant to dedicate, for street or highway purposes, the right-of-way within a corridor for a street shown for improvement in the City's Comprehensive Transportation Plan if the City allows the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land owned by the applicant. Dedication shall not be required unless the TRC finds that the dedication:

(a)

Does not result in the deprivation of a reasonable use of the land; and

(b)

Is either reasonably related to the traffic generated by the proposed development or the impact of the dedication is mitigated by measures provided in this Ordinance.

2.

Voluntary Dedication If an applicant elects to dedicate right-of-way within a corridor for a street shown for improvement on the City's Comprehensive Transportation Plan, the City may allow the applicant to transfer density credits attributable to the dedicated right-of-way to contiguous land that is part of a common development plan.

B.

Acquisition Review for Proposed Construction within Proposed Rights-of-Way When development is proposed that is within future rights-of-way of any existing or future street identified in the City's Comprehensive Transportation Plan, the development shall not be approved until the City is given an opportunity to purchase or acquire the street right-of-way in accordance with the following:

1.

The landowner shall submit to the City a written proposal naming the price and terms upon which the owner will sell the land within the future right-of-way or a written statement of refusal to sell. In addition, the landowner shall provide the estimated cost of the proposed development within the future right-of-way. Once this written information is received by the City, then notification of the landowner's intent is established.

2.

The City shall then determine whether it will take the necessary steps to acquire the right-of-way prior to development. If the City fails to begin acquisition, or to institute condemnation proceedings within 60 days from the receipt of the landowner's notification of intent, the landowner may proceed with the development after obtaining all approvals and permits required by this Ordinance.

A.

Soil Erosion and Sedimentation Control Devices An approved soil erosion and sedimentation control device may be installed prior to approval of street and utility construction plans in accordance with the standards in this section.

B.

Permanent Runoff Control Structures

1.

Coordination with Streets and Utilities Street and utility construction plans shall show the location of existing or proposed runoff control structures relative to the proposed improvements to avoid conflicts during and after construction.

2.

Design and Construction A runoff control structure shall be designed and installed in accordance with the requirements of Section 6.2, Watershed Protection, and this section.

3.

Owners Association Required When a permanent runoff control structure serves more than 1 lot within a subdivision, an owners' association shall be required for the purposes of ownership and maintenance responsibility (see Section 7.3, Homeowners' or Property Owners' Association).

4.

Maintenance Responsibility The owners association shall be responsible for maintaining the completed permanent runoff control structure(s). If the owners' association is dissolved or ceases to exist, all the owners of record at the time of required maintenance shall be jointly and severally liable for all costs related to the completed permanent runoff control structure(s).

5.

Maintenance Note Required on Final Plat When a subdivision contains a permanent runoff control structure to which paragraph (3) above is applicable, the final plat shall contain a prominent note with the full text of paragraph (4) above.

6.

Timing of Completion The permanent runoff control structure(s) shall be substantially completed and have full design volume available prior to the recordation of a final plat for the subdivision. This may require the cleanout and disposal of sediment from a pond.

A.

General

1.

Design Proposed subdivisions and group developments shall:

(a)

Comply with this section and the Development Guide;

(b)

Bear a reasonable relationship to the approved plans of the City; and

(c)

Be designed to promote development that is beneficial to the City.

2.

Development Name The name of a proposed development shall not duplicate or be phonetically similar to an existing development name in the City or its ETJ unless the proposed development lies adjacent or in proximity to the existing development.

3.

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

4.

Off-Site Connections When in the opinion of the TRC it is necessary to connect streets and/or utilities off-site to adjoining streets and/or utilities, the connections may be required in accordance with City policy.

B.

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

1.

Conformance to Other Regulations A lot shall have sufficient area, dimensions, and street access to allow a principal building to be erected on it in compliance with the requirements of this Ordinance.

2.

Lot Depth to Width Ratio A lot shall not have a depth greater than 4 times its width, at the minimum front street setback.

3.

Side Lot Line Configuration Side lines of lots should be at or near right angles or radial to street lines.

4.

Lot Lines and Drainage Lot boundaries shall coincide with natural and pre-existing manmade drainageways, to the maximum extent practicable, to avoid disruption of established drainage patterns or lots that can be built upon only by altering such drainageways.

5.

Lots Adjoining Dedicated Public Open Space or Required Watershed Stream Buffer Areas Lots with public water and sewer service for single-family detached dwellings that abut a dedicated public open drainageway, dedicated public open space areas, or a required watershed stream buffer when such buffer is in a common area, may have less area than the minimum lot size required and reduced minimum rear setbacks, provided the following standards are met:

(a)

No lot area shall be less than 60 percent of the minimum lot size for the zoning district or less than 4,000 square feet.

(b)

Minimum rear setbacks may be reduced to 15 feet only where rear lot lines abut such dedicated public or common area.

(c)

A note shall be placed on the Final Plat stating:

"The required area of Lots (insert lot #) through (insert lot #) has been reduced in accordance with Section 7.1.6 B.5, Lots Adjoining Dedicated Public Space or Required Watershed Stream Buffer Areas, and minimum rear setbacks may be reduced to 15 feet. All other dimensional standards of the Development Ordinance shall apply."

6.

Special Purpose Lots Minimum lot dimensional standards shall not apply to lots for family or religious institution cemeteries, sewage lift stations, and similar utility uses. Such lots shall comply with the following:

(a)

A special-purpose lot shall be permitted only after the TRC has determined that the proposed lot has sufficient dimensions to accommodate the intended use and, where required by this Ordinance, landscape yards.

(b)

If the special-purpose lot does not have direct access to a public street, an easement for ingress and egress with a minimum width of 10 feet shall be platted.

(c)

The subdivision to create the lot shall be approved in accordance with this chapter. The final plat shall label the lot as a special purpose lot.

7.

Access Requirements

(a)

All lots shall be served by street access meeting the requirements of Chapter 5: Development Standards.

(b)

Except for multi-family and single-family attached developments, no lot used for a use type included in the Household Living Use Category in Table 4.2.4, Residential Use Classification, shall be permitted direct access to a major or minor thoroughfare street.

8.

Flag Lots Flag lots shall comply with the following standards:

(a)

A flag lot shall not have more than 1 single-family detached dwelling and an uninhabitable accessory structure;

(b)

The maximum flagpole length shall be 300 feet;

(c)

The minimum flagpole width shall be 25 feet;

(d)

The maximum lot area with public sewer shall be 1 acre;

(e)

The maximum lot area without public sewer shall be 3 acres. (Note: The flagpole portion of the lot shall not be used to calculate area, width, depth, coverage, and setbacks of the lot or to provide off-street parking);

(f)

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

(g)

Where public sewer is available, an occupied building on the flag lot shall have a gravity service line, or the sewer pump requirement shall be noted on the plat; and

(h)

Use of a single driveway to serve an adjoining flag lot or to serve a flag lot and an adjoining conventional lot is encouraged. In the latter case, 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.

9.

Minimum Street Frontage The minimum street frontage for a platted lot is 25 linear feet.

C.

Streets

1.

Dedication of Right-of-Way Right-of-way for public streets shall be dedicated to the City in accordance with North Carolina General Statutes Section 160D, Article 8 and other applicable State law. When dedication cannot be required, future street right-of-way indicated on the City's Comprehensive Transportation Plan shall be shown on the plat.

2.

Conformance with the Comprehensive Transportation Plan The location and design of streets shall be in conformance with the Comprehensive Transportation Plan. If conditions warrant, right-of-way widths and pavement widths in excess of the minimum street standards may be required in accordance with Section 7.1.3 E, Oversized Improvements and Extensions.

3.

Conformance with Adjoining Street Systems The planned street layout of a proposed subdivision shall be compatible with existing or proposed streets and their classifications on adjoining or nearby tracts.

4.

Access to Adjoining Land If the TRC determines access to adjoining land is necessary and appropriate for adequate traffic circulation, proposed streets shall be extended to the boundary of the site.

5.

Development Entry Points

(a)

Unless exempted in accordance with subsection (d) below, all subdivisions shall provide access from the development to the street system outside the development in accordance with Table 7.1.6.C, Development Entry Points:

(b)

Nothing in this section shall limit the total number of streets providing access to the street system outside a development.

(c)

The TRC may allow stub streets to count as a development entry point when there is a reasonable likelihood of the stub street connecting to a future roadway.

(d)

Development shall be exempted from these standards if it is demonstrated the following conditions apply:

(1)

No other street access points can be located to the site due to existing lot configurations, absence of connecting streets, environmental, or topographic constraints;

(2)

NCDOT will not authorize the required number of entrances; or

(3)

Alternative access can be provided in a manner acceptable to the City that is supported by a transportation impact analysis.

6.

Reserve Strips A reserve strip adjoining street rights-of-way shall not be permitted under any condition to prevent access to adjacent land.

7.

Street Classification The final determination of the classification of streets in a proposed subdivision shall be made by the TRC.

8.

Public Street Design Criteria Streets shall be designed to conform to the standards set forth in the High Point Street Design Standards Manual located in the Development Guide, and the following standards:

(a)

Maximum Cul-de-sac Length The maximum distance from an intersecting through street to the end of a cul-de-sac shall be 1,200 feet, except that a distance up to 1,600 feet may be approved in the WCA.

(b)

Block Length A block shall not exceed a perimeter length of 6,000 feet, except that a perimeter length of up to 12,000 feet may be approved in the WCA. For the purposes of this section perimeter length is defined as the shortest perimeter measurement along the abutting street right-of-way lines.

9.

Street Names Street names, prefixes, suffixes and addresses shall conform to the guidelines and policies set forth in the City's Street Name and Address Assignment Guidelines and Policies located in the Development Guide.

10.

Private Street Standards

(a)

Where Allowed Private streets are allowed in single-family sections of planned development districts, single-family attached developments, and multiple lot developments.

(b)

Design and Construction

(1)

The street design standards for private streets are the same as for public streets.

(2)

The developer must furnish an engineer's seal and certification that a private street has been tested and certified for the subgrade, base, and asphalt.

(3)

Private streets shall be designed and constructed in accordance with the City'sStandard Specifications and Details for Roads, or NCDOT's Subdivision Roads: Minimum Construction Standards, whichever is applicable.

(c)

Owners' Association Required An owners' association is required to own and maintain all private streets allowed under this Ordinance.

(d)

Plats All private streets must be shown as such on all plats.

(e)

Through Streets A through street in a residential area that connects 2 public streets shall not be a private street.

(f)

Connections to Public Streets All private streets connecting with public streets require driveway approvals from the City or NCDOT, as applicable.

D.

Sidewalks Sidewalks shall be configured in accordance with the standards and Section 5.9, Sidewalks.

E.

Utilities

1.

Public Water and Sewer Construction Requirements Water and sewer lines, connections, and equipment shall be constructed in accordance with the City's Standard Specifications and Details for Roads, Structures, and Utilities, or the NCDOT's Subdivision Roads: Minimum Construction Standards, as appropriate.

2.

Water and Sewer Connections

(a)

Connection of each lot to public water and sewer utilities shall be required if the proposed subdivision is within 300 feet of the nearest adequate line of a public system, unless the Public Service Director determines geographic or topographic factors make such connection infeasible.

(b)

Where public sewer is not available, lots shall comply with applicable County Environmental Health Division regulations.

(c)

Approval of the applicable Environmental Health Division shall be obtained after preliminary plan approval.

(d)

The final plat shall show the certificate of approval from the applicable Environmental Health Division.

3.

Underground Utilities Electrical, community antenna, television, and telephone utility lines installed in subdivisions of 5 lots or more shall be underground, unless the TRC determines underground installation is inappropriate.

4.

Utility Easements

(a)

Width

(1)

To provide for electric, telephone, gas, and community antenna television services, conduits, and water and sewer lines within a subdivision, appropriate utility easements not to exceed 30 feet in width shall be provided.

(2)

The location of the easements shall be reviewed and approved by the TRC, with advice from utility providers, before final plat approval.

(b)

No Buildings or Improvements within Easement

(1)

Utility easements shall be kept free and clear of any buildings or other improvements that would interfere with the proper maintenance or replacement of utilities.

(2)

The City shall not be liable for damages to any improvement located within the utility easement area caused by maintenance or replacement of utilities.

5.

Electric Utilities

(a)

Street Lights A development in the City with public streets shall include public street lights. The street lights shall be maintained by the City.

(b)

Electric Service Development outside the City limits shall be provided electric service by the agency having jurisdiction in the area.

F.

Drainage

1.

General Requirements

(a)

This section applies to all watercourses that have a drainage basin greater than 1½ acres. In addition, watercourses which are contained in areas of special flood hazard as shown on the FEMA panels are subject to the requirements of Section 6.4, Flood Damage Prevention. In case of a conflict between this section and Section 6.4, the stricter regulation applies.

(b)

Drainage within development affected by this section shall be designed using standard engineering practices including those described in the City of High Point Storm Drainage System Design Manual.

(c)

No fill, buildings or structures, except for water dependent structures, greenways, utility substations, utilities, roads or other related public improvements, shall be placed or constructed within the protected drainage easements specified in this section. Parking areas and associated drives may be constructed over enclosed subsurface drains.

(d)

Drainage within development affected by this section shall be handled in any of following systems:

(1)

Enclosed subsurface;

(2)

Open channel on private property; or

(3)

Open channel in a drainageway dedicated to the City.

2.

Determination of Drainage System

(a)

The developer shall determine the drainage system to be used for projects unless the drainage areas meet the standards in subsection (b) below.

(b)

The determination of the drainage system to be used shall be made by the TRC if:

(1)

The area is identified on the Bikeway, Greenway, and Trails Master Plan; or

(2)

The drainage basin is greater than 50 acres; or

(3)

The site is located in the WSO district; or

(4)

The watercourse is depicted as a perennial stream on the City of High Point Water Supply Watershed Map.

(c)

In determining the drainage system to be used, the following factors shall be considered:

(1)

The type of development;

(2)

The drainage system(s) employed by nearby development;

(3)

The probability of creating a lengthy greenway or open space area to advance the purposes of the adopted Bikeway, Greenway, and Trails Master Plan;

(4)

The probability of creating future maintenance problems;

(5)

The probability of erosion or flooding problems; and

(6)

The pipe size necessary to handle drainage.

3.

Drainage Systems

(a)

Enclosed Subsurface Drains (Storm Sewers)

(1)

Enclosed subsurface drainage systems shall be designed and constructed using standard engineering practices including those described in the City of High Point Storm Drainage System Design Manual.

(2)

Enclosed subsurface drainage systems on private property shall be protected as provided in Section 7.1.6 F.3(d), Protected Drainage Easements.

(b)

Open Channel on Private Land

(1)

If open channels on private land are used as a drainage system, they shall be designed using standard engineering practices including those described in the City of High Point Storm Drainage System Design Manual.

(2)

Open channel drainage systems on private land shall be protected as provided in Section 7.1.6 F.3(d), Protected Drainage Easements.

(c)

Open Channels in Drainageway and Open Space Areas Dedicated to the City of High Point

(1)

The TRC may require that a drainageway identified on the Bikeway, Greenway, and Trails Master Plan be dedicated to the City.

(2)

Drainageway and open space shall be dedicated by a recorded plat and shall be labeled "Dedicated to the City of High Point and the public for Drainageway, Greenway and Open Space."

(3)

The dedicated drainageway and open space area along any stream shall include the land between the natural 100-year flood contours.

(4)

The area to be dedicated may be reduced in width if the applicant demonstrates to the Engineering Services Director that sound engineering practices are being employed.

(5)

The dedicated drainageway and open space area shall have a minimum width of 60 feet.

(6)

In cases of topographic or other obstacles, additional width may be required to assure reasonable ease of maintenance.

(7)

Dedicated drainageway and open space shall have sufficient access to a publicly maintained street. If the TRC determines that suitable access is not provided, access shall be provided by a suitably located access easement not less than 20 feet in width.

(8)

Dedicated drainageway and open space may also be used for drainage, open space, greenways, bikeways, trails, other similar recreation activities, public utilities, and street crossings.

(9)

Drainageway and open space shall be left in its natural condition or graded to a cross section and stabilized with permanent vegetative cover approved by the City.

(10)

Single-family lots abutting land dedicated to the City as drainageway and open space may be reduced in accordance with Section 7.1.6 B, Lot Dimensions and Standards.

(d)

Protected Drainage Easements Subdivisions shall comply with the requirements in Section 6.3, Soil Erosion and Sedimentation, Section 6.4, Flood Damage Prevention, and the following standards:

(1)

Where a subdivision is traversed by a watercourse or drainageway, an easement shall be indicated on all plats of the subdivision. The easement shall substantially conform with the lines of the watercourse or drainageway, plus the additional width that is necessary to convey expected storm flows in accordance with the standards in the City of High Point Storm Drainage System Design Manual.

(2)

The size, design, and construction of drainage structures shall conform to the requirements in the City of High Point Storm Drainage System Design Manual.

(3)

The City shall not accept the responsibility to maintain any drainage easement or storm drainage structures, except for those within a public street right-of-way or traversing City-owned land.

G.

Flood Damage Prevention

1.

Minimize Flood Damage A subdivision shall be designed to minimize flood damage;

2.

Public Utilities A subdivision shall have public utilities and facilities such as sanitary sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

3.

Drainage A subdivision shall have adequate drainage to reduce exposure to flood hazards; and

4.

Base Flood Elevation Data Required

(a)

Base flood elevation (BFE) data shall be provided for subdivision applications unless a licensed engineer certifies that the 100-year storm flow for streams in or near the subdivision, site, or group development is less than 500 cubic feet per second.

(b)

In special flood hazard areas designated by FEMA maps, BFE data shall be provided for development with more than 50 lots or 5 acres in area. (See Section 6.4, Flood Damage Prevention, for additional flood protection regulations.)

H.

Placement of Monuments The Standards of Practice for Land Surveying in North Carolina, as adopted by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, shall apply when installing permanent monuments.

(Ord. No. 7266/17-08, §§ 28—30, 1-17-2017; Ord. No. 7287/17-29, §§ 3, 15, 4-3-2017; Ord. No. 7365/17-108, § 1, 11-20-2017; Ord. No. 7415/18-44, § 8.B, 5-21-2018; Ord. No. 7622/20-38, §§ 20, 22, 8-5-2020; Ord. No. 7679/20-95, § 5, 12-9-2020; Ord. No. 7712/21-29, § 1.R, 5-19-2021)

A performance guarantee for the installation of required public infrastructure may be accepted in accordance with Section 2.6, Financial Guarantees.

(Ord. No. 7622/20-38, § 11.H, 8-5-2020)

A payment in lieu of the installation of required public infrastructure may be accepted in accordance with Section 2.7, Payment in-Lieu of Required Improvements.

(Ord. No. 7622/20-38, § 12.E, 8-5-2020)

A.

Creation A homeowners' or property owners' association (owner's association) shall be established to fulfill requirements of the North Carolina Condominium Act, NC Planned Community Act, or to accept conveyance and maintenance of all common elements (common areas) within a development. The owners' association shall be in legal existence prior to the conveyance, lease-option, or other long-term transfer of control of any unit or lot in the development.

B.

Conveyance Where a development has common elements (common area) serving more than 1 dwelling unit or lot, these areas shall be conveyed to the owners' association, in which all owners of units or lots in the development shall be members. All areas other than public street rights-of-way, other areas dedicated to the City, and lots shall be designated as common elements. In a condominium development the common elements shall be platted in accordance with the North Carolina Condominium Act. In other development, the fee-simple title shall be conveyed by the subdivider or developer to the owners' association prior to the sale or development of the first lot.

C.

Subdivision or Conveyance of Common Elements (Common Areas) Common elements (common areas) shall not subsequently be subdivided or conveyed by the owners' association unless a revised preliminary plan and a revised final plat showing such subdivision or conveyance is approved in accordance with the procedures and standards of its original approval.

D.

Minimize Number of Associations Development, whether including different land uses, different types of housing, or simply different sections, shall hold the number of owners' associations to the minimum practicable. An association may establish different categories of membership, different budgets for the categories, and different rates of assessment when different kinds of services are provided to different categories. Smaller associations under an umbrella (master) association are allowed.

E.

Owners' Association Not Required A development involving only 2 units attached by a party wall (or 2 separate walls back-to-back) shall not be required to have common elements or an owners' association. Such development without an owners' association shall establish a binding agreement between owners to govern any party walls and to ensure reciprocal easement rights needed for maintenance.

(Ord. No. 7622/20-38, § 22, 8-5-2020)

After preliminary plan approval, and before final plat approval, it is recommended that the subdivider submit a draft of the declaration of the owners' association containing covenants, conditions and restrictions governing the owners' association, lots or units, and common elements to the Planning and Development Director for review and approval. Prior to or concurrently with the submission of the final plat for review and approval, the subdivider shall submit a copy of the final declaration for review and approval. The declaration shall include provisions for the following:

A.

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.

B.

Responsibilities of Owners' Association The declaration shall state that the Association is responsible for:

1.

Liability insurance and payment of premiums for liability insurance and local taxes;

2.

Maintenance of all common elements including, but not limited to, stormwater management facilities, utilities, streets, drives, walks, and recreation facilities, at the time such common elements are transferred to the owners' association;

3.

Establish and maintain an escrow account for the maintenance and repair of stormwater management facilities, as required in Section 6.2.11 D.5, Operation and Maintenance Agreement.

4.

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

C.

Exterior Maintenance of Units The owners' association shall be responsible for exterior maintenance of all attached units (whether they be dwelling units or nonresidential units); or each unit owner shall be made responsible, with the owners' association granted authority to perform such exterior maintenance in the event the unit owner fails to do so in a prompt and satisfactory manner, and to assess the cost of the maintenance against the unit.

D.

Default by Owners' Association

1.

Upon default by the owners' association in the payment to the jurisdiction entitled thereto of any assessments for public improvements or ad valorem taxes levied against the common areas, which default shall continue for a period of 6 months, each owner of a lot in the development shall become personally obligated to pay to the jurisdiction a portion of the taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the jurisdiction by the total number of lots in the development.

2.

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, the owners' heirs, devisees, personal representatives, and assigns. The taxing or assessing jurisdiction 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.

E.

Membership The owners' association is empowered to levy assessments against the owners of lots or units within the development. Such 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.

F.

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

G.

Maintenance and Restoration Provisions for maintenance and restoration in the event of destruction or damage shall be established for common elements and party walls. It is recommended that the owners' association engage the services of a professional management company and that all inspections and repairs be conducted by qualified personnel.

H.

Common Elements and Location The common elements shall be listed and the location of common areas or commons elements shall be shown graphically as an attachment to the declaration of the Owners' Association.

(Ord. No. 7622/20-38, § 22, 8-5-2020)

The City shall inspect and approve, where required by this Ordinance, all private improvements prior to transfer of maintenance responsibility to the owners' association.

Whenever a tract of land included within any proposed subdivision, including a group development plan, includes any part of a greenway designated on the Bikeway, Greenway, and Trails Master Plan, the greenway shall be platted and dedicated as a greenway easement.

The width of the greenway easement shall be a minimum of 50 feet, to the maximum extent practicable.

No dedication shall be required for a greenway lying outside of any floodplain or special flood hazard area, but such area may be reserved by TRC in accordance with Section 7.5, Reservation of Public Land, for possible City acquisition.

Land that is dedicated in fee-simple interest to and accepted by the City of High Point for the expressed purpose of establishing a public greenway shall be credited toward the donating parcel, lot or tract area for the purpose of calculating the density of development and area coverage calculations though no longer part of the parcel. Dedicated land credits shall be transferred to subsequent holders if properly noted in transfer deeds.

A.

Identification by TRC Where a proposed park, greenway, open space, or school shown in the City's adopted policy guidance is located in whole or in part in a subdivision or group development, the TRC may require the reservation of the land for future use.

B.

Notification by TRC Upon submittal of a preliminary plan or group development that includes part or all of a site to be reserved, the TRC shall immediately notify City Council or other appropriate governmental agency, who shall promptly decide whether it wishes the site to be reserved.

A.

Identification on Plan If the appropriate government agency decides it wishes the site to be reserved, then the preliminary plan or group development shall provide for the reservation of the site for a period of not more than 1 year from the date of approval, except as otherwise provided in Section 160D-804 of the North Carolina General Statutes.

B.

Reservation Time Period The reservation period may be extended for additional periods of time upon mutual agreement between the landowner and the appropriate governmental agency, each of which shall not exceed 2 years.

(Ord. No. 7622/20-38, § 22, 8-5-2020; Ord. No. 7712/21-29, § 1.S, 5-19-2021)