SUBDIVISIONS
16.1-1.
Purpose. The regulations for the subdivision of land set forth below are established to promote orderly growth and development; provide for suitable residential and nonresidential subdivisions with adequate streets and utilities and appropriate building sites, provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities; provide for the dedication or reservation of rights-of-way or easements for streets and utility purposes; and provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries.
16.1-2.
Exempt land divisions.
(A)
Divisions of land exempt. In accordance with G.S. § 160D-802(a), the following divisions of land are not included within the definition of "subdivision," and are not subject to the city's subdivision regulations:
1.
The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town of Jamestown as shown in the Town's subdivision regulations;
2.
The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
3.
The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
4.
The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the Town as shown in the Town's subdivision regulations;
5.
The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.
(B)
Limits on exempt divisions of land. With respect to any single tract or parcel of land existing as a matter of record in the register of deeds as of the effective date of this ordinance, no more than one division exempted pursuant to subsection (A)(4), above, shall be allowed within any five-year period. The purpose of this limitation is to prevent the unregulated subdivision of a tract of land through a series of exempt divisions; nothing herein shall prohibit the subdivision of land where the resultant lots conform with the Town's subdivision regulations.
(C)
Determination and certification of exemption. The determination of whether a division of land is exempt from the definition of subdivision shall be made by the planning director, upon application of the property owner or agent, with supporting documentation (maps, plats, etc.), as needed. Upon a determination by the planning director that the proposed subdivision is exempt, a certificate of exemption shall be issued, and the subdivision shall not be subject to the Town's subdivision regulations.
(D)
Effect of certification of exemption. Divisions of land found to be exempt from the definition of subdivision are not required to meet the Town's subdivision regulations. However, a building or zoning permit may only be issued with respect to a lot that has been created by an exempt division if said lot meets the standards for development set forth elsewhere in this ordinance. Where a regulation is contained both in this article and elsewhere in this ordinance, although the regulation need not be met prior to property division and recordation, the lot in question must comply with said regulation before a building or zoning permit may be issued for the property.
(E)
Platting required. A subdivision plat meeting the requirements of G.S. § 47-30 shall be prepared for all exempt subdivisions. The plat shall identify the subdivision as being exempt from the requirements of this ordinance and shall be submitted to the planning director for review. Following his/her review of the subdivision plat, the planning director shall sign it and provide a copy to the applicant. The signed plat shall be recorded by the Town of Jamestown in the office of the Register of Deeds of Guilford County within 30 days of being signed by the planning director.
16.1-3.
Coordination with Other Requirements. When applications for other approvals are required for the subdivision, applications for these approvals may be submitted simultaneously with the initiation of the subdivision approval process to reduce the time required to secure all necessary approvals. Application forms as required for other approvals may be obtained from the planning director.
16.1-4.
Submittal. Applications for subdivision approval shall be submitted to the planning director and must include plats with all information as required by this ordinance. Application for subdivision shall be filed in accordance with Article 7 of this ordinance.
16.1-5.
Approval Required.
(A)
Date of compliance. After the effective date of this ordinance, no plat for the subdivision of land within the planning and regulation jurisdiction of the Town of Jamestown shall be filed, accepted for recording, or recorded, nor shall the clerk of superior court order the recording of a plat until it has been submitted to the planning director and approved as set forth herein. The signature of the planning director on the plat shall signify conformance with the requirements set forth in this article.
(B)
No conveyance without approval. No real property lying within the planning and regulation jurisdiction of the Town of Jamestown shall be subdivided until it conforms with all applicable sections of this article. Violations of this article shall be subject to the penalties set forth in Article 23. Any sale or transfer of land in a subdivision subject to these regulations by reference to an unapproved plat or the use of a metes and bounds description shall be considered a violation of this article.
(C)
Pre-sale contracts. The provisions of this section shall not prohibit any owners or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the subdivision ordinance or recorded with the register of deeds, provided the contract does all of the following:
1.
Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owners to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.
2.
Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat.
3.
Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat.
4.
Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.
The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision ordinance or recorded with the register or deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction or residential buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the subdivision ordinance and recorded with the register of deeds. (G.S. § 160D-807(c))
16.1-6.
Designation of Approval Agency. The Town of Jamestown Planning Department is designated as a planning agency for the purposes of G.S. § 160D-803(c). The planning director or his/her designee shall be authorized to sign the plat signifying final approval of subdivisions.
16.1-7.
Violations. Violations of the provisions of this section shall be subject to the enforcement and penalty provisions set forth in Article 23 of this ordinance. In addition to being subject to the provisions for enforcement in Article 23 of the ordinance, any person who, being the owner or agent of the owner of any land located within the Town's jurisdiction, subdivides his land in violation of the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under such ordinance and recorded in the office of the appropriate register of deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from these penalties. The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the courts shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to G.S. § 160D-403 may be denied for lots that have been illegally subdivided. In addition to other remedies, the Town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act of conduct. (G.S. § 160D-807)
16.1-8.
Dedication and Acceptance of Public Areas.
(A)
Rights-of-way and easements. The approval of a final plat constitutes dedication but does not constitute acceptance by the Town of Jamestown of the public of the right-of-way of each public street and easement shown on the plat. The approval of a plat does not constitute acceptance for maintenance of other improvements in the right-of-way such as street paving, utility lines, drainage facilities or sidewalks. When located within the corporate limits of the Town of Jamestown, such dedications may be accepted only by resolution of the Jamestown Town Council or by their designee following inspection and approval to ensure compliance with specifications established by the Town or by the Town exercising control over and maintaining these areas. Until the offer of dedication is accepted by the Town in either of these manners, the developer shall be responsible for maintenance of those areas.
Open space. Land designated as public open space or a park on a plat shall be considered to be offered for dedication, but not accepted until the Jamestown Town Council, or their designee, has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Jamestown Town Council.
(B)
Sites for public facilities. Where a school or other public site is shown on an approved plat recorded with the register of deeds, the site shall either be dedicated for public purpose at the option of the property owner or reserved for acquisition by the Guilford County School Board for a period not exceeding 18 months from the date of approval of the preliminary subdivision plan.
16.1-9.
Required Improvements. Improvement requirements shall be fulfilled or guaranteed before a final plat shall be approved by the planning director for recording. Said improvement requirements are listed in Appendix 16, checklist for final plat approval:
(A)
Street and utility construction.
1.
Plans. Construction plans for all street, sidewalk, water, sanitary sewer, and stormwater facilities shall be submitted to the Town of Jamestown concurrent with preliminary plat approval. The street and utility construction plans for each subdivision, or portion thereof, shall include all improvements lying within or adjacent to the subdivision as well as improvements to all streets and water and sanitary sewer lines lying outside the subdivision which provide service to the subdivision. No final plat shall be approved, or a certificate of occupancy issued, until all improvements have been installed and approved or a guarantee accepted.
2.
No construction without plan approval. No improvement to or new construction of street, sidewalk, water, sanitary sewer, and stormwater facilities shall be permitted until the street and utility construction plans for such improvements/construction have been reviewed and approved by the Town of Jamestown and appropriate governmental agencies. These agencies may include, but shall not be limited to, the Division of Water Quality of the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the Division of Environmental Management of the North Carolina Department of Environment and Natural Resources, or their successors.
3.
Inspection of construction. All construction undertaken pursuant to approved street and utility construction plans shall be inspected and approved by the Town of Jamestown and/or the appropriate governmental agencies.
(B)
Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may provide a performance guarantee as specified in Section 2.15 of the Ordinance.
16.1-10.
Maintenance of Common Areas. Where subdivisions have common areas or facilities serving more than one dwelling unit, the developer shall be responsible for the maintenance of these common areas and facilities. This responsibility may be transferred to another entity, provided the developer prepares a document for recordation showing the transfer of the property and the maintenance responsibilities to a successor. A copy of the recorded document must be provided to the planning department. In such case, the successor shall be responsible for the maintenance of the common access and facilities.
16.1-11.
Association Documents. Prior to the approval of the final plat for a subdivision, all documents related to the creation and operation of the homeowners' association, property owners' association, and/or any other association created for and/or by the developer, homeowners, or property owners of the proposed subdivision shall be submitted to the Town of Jamestown for review and approval. These documents may include but not be limited to the articles of incorporation for the association, the homeowners' association documents, the property owners' association documents, and design standards. The purpose of the review is to ensure that the documents do not contain standards, requirements, or other provisions that conflict with ordinances, regulations, and/or standards of the Town of Jamestown. The Town shall not be responsible for enforcement of the homeowners' association documents.
16.1-12.
Recordation of final plat. A final plat must be recorded by the Town of Jamestown in the office of the register of deeds for Guilford County in accordance with the process outlined in Article 7 of this ordinance.
16.1-13.
Modifications. Modifications to the standards for subdivisions as set forth in this ordinance may be granted in accordance with the procedures sets forth below. Any subdivision for which a modification is requested shall be reviewed as a major subdivision.
(A)
Approval authority. Modifications to the standards for subdivisions found in Article 16 of this ordinance and access standards found in Article 2 as they relate to subdivisions shall be reviewed by the Town of Jamestown Technical Review Committee. Requests for variances from other requirements of this ordinance shall be heard by the board of adjustment under the procedures established by Article 6 of this ordinance.
(B)
Grounds for modifications. Modifications from the standards for subdivisions set forth in this ordinance may be granted in cases of physical hardship. Cases of physical hardship shall be defined as those cases where because of the topography of the tract to be subdivided, the condition or nature of adjoining areas, or the existence of other unusual physical characteristics, strict compliance with the provisions of this ordinance would cause unusual and unnecessary hardship on the subdivision of the property-by-property owner or developer. In granting the modification, the technical review committee shall make the findings required below, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No modification shall be granted unless the technical review committee finds:
1.
That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; and
2.
That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
3.
That the circumstances giving rise to the need for the modification are peculiar to the parcel and are not generally characteristic of other parcels in the Town; and
4.
That granting the modification will not be a detriment to public health, safety and welfare or injure other property in the area in which the property is located.
5.
That the alternative proposed by the applicant will result in equal or better performance than that provided by the standard for which the modification is requested.
Any modification thus granted by the technical review committee shall be recorded in the minutes of the meeting at which the modification is granted along with the reasons for the modification.
(C)
Conditions. The Town of Jamestown Technical Review Committee, in granting modifications, may require such conditions as will ensure the purposes of the standards or requirements waived.
(D)
Filing of application. An application for modification of the standards set forth in this ordinance shall be submitted to the planning director and shall provide all information requested by the planning director.
16.1-14.
Phased Development. Subdivisions may be designed to be platted and constructed in phases. A plan for phased development must be approved by the technical review committee. The plan for phased development shall provide for the provision of adequate public facilities to support each and any phase independent of the overall subdivision plan. Access and water supply for fire protection shall be present to the extent required by the North Carolina Fire Prevention Code. In approving the phases, the TRC may require that additional streets, water and sewer facilities, or other required public facilities be constructed as part of the phase or phases to ensure that sufficient public facilities will be in place to support each phase or phases independent of any future subdivision development. Final plats for subdivisions developed in phases shall be recorded in accordance with the schedule presented by the applicant during the preliminary plat approval and approved as part of the preliminary plat approval process. The applicant may request, in writing, adjustments of the approved schedule and the planning director may grant extensions of up to 12 months for each phase. If the final plat for any phase of the subdivision is not submitted in accordance with the approved schedule, the preliminary plat shall be resubmitted to the planning department for review and approval. Such resubmittal shall be in accordance with the requirements of this ordinance.
16.2-1.
General. All proposed subdivisions shall comply with the standards set forth below.
16.2-2.
General Requirements and Compliance with Adopted Plans. Land shall be subdivided in accordance with good land planning practices, including adequate consideration of the natural topography and drainage features and the type of development proposed. Land shall also be subdivided in compliance with the zoning standards set forth in Article 8 of this ordinance and with other adopted plans and ordinances. In addition, where land lies within the area of a public water supply reservoir, a proposed highway project or other public project designated by a governmental authority, subdividers shall give notice on the face of the final subdivision plat that land within the subdivision lies within a designated area for public development and may be the subject of future public purchase.
16.2-3.
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 be designed in shape, size and location with due regard to topographic conditions, features of the surrounding area, contemplated use, and official plans and ordinances 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 town ordinances.
(B)
Area and dimensions of lots. All lots shall conform to the minimal dimensional requirements for each zoning district as prescribed in Article 8 and with the lot type standards found in Article 9 of this ordinance.
(C)
Frontage. Every lot shall front or abut on a public street, with the exception that there can be up to four lots created off of a private drive, where such private drive meets or exceeds the Town of Jamestown's Private Drive Standards set forth in the Town of Jamestown's Standards and Specifications Manual. There shall be no reserve strips controlling access to streets except where cause can be shown that such control would best serve the purpose of this ordinance.
(D)
Lot lines and drainage. Lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways to the extent practicable to avoid the creation of lots that can be built upon only by altering such drainage ways.
(E)
Double and reverse frontage. Double frontage and reverse frontage lots shall be avoided, except where required in unusual circumstances specifically approved by the technical review committee.
(F)
Lot boundaries. Lot boundaries must be contiguous with street right-of-way boundaries and shall not extend to the center of public streets. Land to be subdivided which has existing property lines extending into street rights-of-way or into streets shall dedicate a street right-of-way as required by the Town of Jamestown's Standards and Specifications Manual for that section of the street located on or adjacent to the property being subdivided.
(G)
Side lot lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines
(H)
Buildable area. Lots or parcels shall not be unreasonably shaped and shall be made to contribute to the buildable area of a lot. Portions of a lot less than 15 feet wide shall be excluded from the minimum lot area. Additionally, portions of a lot that are less than 26 feet wide and longer than 25 feet will be excluded from the minimum lot area.
(I)
Block dimensions. Blocks shall be laid out taking into consideration traffic circulation patterns and contemplated use.
1.
Length. Blocks shall be not less than 400 feet nor more than 1,600 feet in length, except as considered necessary to secure efficient use of land or desired features of street pattern by the technical review committee. Where deemed necessary by the technical review committee, a pedestrian crosswalk of at least eight feet in width shall be provided.
2.
Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth, (reference Zoning Standards, Article 8, and Lot Type Standards, Article 9), except where fronting on major streets is prevented by topographic conditions, in which case a single tier of lots may be approved. Block width standards do not apply to subdivisions proposed as part of a cluster development (see Article 8).
(J)
Lots on thoroughfares. Residential lots in subdivisions shall not be entered from major thoroughfare streets.
(K)
Access requirements for all lots. Each lot in a subdivision shall meet the access standards set forth in this ordinance and in the Town of Jamestown Standards and Specifications Manual.
(L)
Lot area calculation. Areas in the public right-of-way shall not be used to calculate compliance with minimum lot size requirements.
(M)
Flag lots. Flag lots shall be permitted subject to the following standards:
1.
The minimum flagpole (strip connecting the bulk of the lot to the street) width shall be 25 feet.
2.
The maximum flagpole (strip connecting the bulk of the lot to the street) length shall be 200 feet.
3.
The area of the flagpole (strip connecting the bulk of the lot to the street) shall not be used in calculating minimum lot area, setbacks, or other dimensional requirements for the zoning district in which the lot is located.
4.
Not more than five percent of the total number of lots in a subdivision or development shall be flag lots.
16.2-4.
Landscaping and Buffering. Landscaping shall be provided in the proposed subdivision as required by Article 11 of this ordinance. Preservation of existing trees is encouraged.
16.2-5.
Open Space. Open space as required by Article 11 of this ordinance and other applicable ordinances and regulations of the Town of Jamestown shall be provided in the proposed subdivision.
16.2-6.
Streets and Utilities. All streets and utilities must comply with the requirements of all other applicable plans and manuals adopted by the Town of Jamestown, including, but not limited to, the Town of Jamestown Standards and Specifications Manual.
16.2-7.
Street design. The design of all public streets and roads within the Town of Jamestown shall conform to standards set forth in the Town's Standards and Specifications Manual. (The Town's standards meet or exceed the standards set forth in the most recent edition of "Minimum Construction Standards for Subdivision Roads" published by the N.C. Department of Transportation, Division of Highways.) Where permitted, private streets must also be constructed to the Town of Jamestown design standards.
Disclosure and approval by the division of highways shall comply with G.S. § 136-102.6.
(A)
Cul-de-sacs. Cul-de-sacs or other dead-end streets designed to be permanently closed are strongly discouraged and can only be used when it is not feasible to connect to an existing or future street. Cul-de-sacs shall not exceed 800 feet in length depending on topography, shall be provided at the closed end with a right-of-way radius and a turnaround radius meeting or exceeding the standards set forth in the Town of Jamestown Technical Standards and Specifications Manual, and shall have pedestrian connections at the terminus, where practicable. Pedestrian connections shall be a minimum of five feet in width and shall be constructed so as to encourage pedestrian connectivity between parts of a subdivision. The technical review committee may grant modifications to these requirements on a case-by-case basis, with the reasons stated in writing.
(B)
Continuation of adjoining street system. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.
(C)
Stub streets. Where the property to be subdivided abuts another property that, in the opinion of the planning director, could be subdivided in the future, the proposed street layout shall include a right-of-way, meeting the Town's standards for width and grade, which connects the streets in the subdivision to the abutting property. This right-of-way shall be preserved for the construction of a future street providing access to the abutting property. The subdivider shall be responsible for placing a sign(s) within the right-of-way of the stub street stating that it is the location of a future street. Such sign(s) shall be approved by the planning director before being placed in said right-of-way.
16.2-8.
Naming of Streets and Subdivisions. All streets shall be named, and signs conforming to town standards shall be posted at intersections showing the name of every street. New streets which are obviously in alignment with others already exist and named shall bear the names of the existing streets where practical. In no case shall the names of new streets phonetically resemble existing street names. Streets shall be named in accordance with the standards for street naming established by Guilford County and must be approved by Guilford County's emergency address coordinator. All subdivisions requiring the development of new public roads must be named. Subdivision names or identification shall not duplicate or closely approximate phonetically the names of existing streets and subdivisions in the Town of Jamestown or its area of jurisdiction and must be approved by Guilford County's emergency address coordinator. The minimum identification requirement is that a sign clearly showing the name of the subdivision be posted at the main entrance to the subdivision.
16.2-9.
Street Construction—Property Owners' Participation. The Town of Jamestown will not accept or adopt any new street, nor will it pave or assist in the construction or pavement of any new street other than streets shown on the map of the streets of the Town of Jamestown known as the Powell Bill Map except upon the payment of the full cost and expense of construction or of construction and pavement, as the case may be, and such cost and expense must by actually paid or amply secured (see Section 16.1-9(B)) before the Town will take any action.
16.2-10.
Utility Easements. All subdivision plats shall identify easements for the installation of utilities as follows:
(A)
Major subdivisions. An appropriate easement, of the width required by the utility company/agency, shall be provided for utilities including, but not limited to, electric service, telephone service, cable television service, sewer lines, and waterlines within the subdivision. The location of the easements and the physical relation of all utilities within the easement shall be approved by the Town of Jamestown, in consultation with the utility providers, prior to final plat approval. Placement of all utilities in a common easement is encouraged when such placement does not conflict with these requirements or others.
(B)
Minor subdivisions. Utility easements shall be provided as required by the approving agency.
16.2-11.
Water Supply for Fire Protection.
(A)
Water supply for fire protection shall be provided as required by the North Carolina Fire Prevention Code.
(B)
Size, type, and installation of hydrants shall conform to the specifications set forth in the North Carolina Fire Prevention Code.
(C)
The maximum distance between fire hydrants shall be 500 feet measured by right angles along identified travel way(s).
16.2-12.
Stormwater management.
(A)
Design of the stormwater management system shall be consistent with the Town of Jamestown's stormwater regulations, as contained in the watershed standards (Article 19 of this ordinance).
(B)
The stormwater management system design shall comply with the specifications set forth in the stormwater section of Jamestown's Standards and Specifications Manual.
16.2-13.
Flood Standards.
(A)
All subdivision proposals within the Town of Jamestown corporate limits and extraterritorial jurisdiction shall be consistent with the requirements of the city's flood protection regulations set forth in Article 18 of this ordinance and with the need to minimize flood damage.
(B)
All subdivision proposals shall have the public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(C)
Adequate drainage shall be provided to reduce exposure to flood hazards.
(D)
Base flood elevation data shall be provided for subdivision proposals whenever any portion of the project site is located within a designated flood hazard area.
(E)
Preliminary and final plats shall note the location of floodplain and floodway boundaries and the 100-year flood elevation.
(F)
If there is a water course or dry branch running through or within 150 feet of the proposed subdivision, the prospective subdivider shall furnish evidence that residential lots within the subdivision will not be flooded. Lots located in flood plains shall comply with the flood prevention standards set forth in Article 18.
16.2-14.
Buffer Strips—Streams. Buffer strips shall be provided along streams as required by the Watershed Regulations set forth in Article 19 of this ordinance.
16.2-15.
Wire Line Utilities. Wire line utilities shall be installed underground unless exempted by G.S. § 160D-804(h) or inconsistent with flood protection requirements.
16.2-16.
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 conducting surveys.
SUBDIVISIONS
16.1-1.
Purpose. The regulations for the subdivision of land set forth below are established to promote orderly growth and development; provide for suitable residential and nonresidential subdivisions with adequate streets and utilities and appropriate building sites, provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities; provide for the dedication or reservation of rights-of-way or easements for streets and utility purposes; and provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries.
16.1-2.
Exempt land divisions.
(A)
Divisions of land exempt. In accordance with G.S. § 160D-802(a), the following divisions of land are not included within the definition of "subdivision," and are not subject to the city's subdivision regulations:
1.
The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town of Jamestown as shown in the Town's subdivision regulations;
2.
The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
3.
The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
4.
The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the Town as shown in the Town's subdivision regulations;
5.
The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. ch. 29.
(B)
Limits on exempt divisions of land. With respect to any single tract or parcel of land existing as a matter of record in the register of deeds as of the effective date of this ordinance, no more than one division exempted pursuant to subsection (A)(4), above, shall be allowed within any five-year period. The purpose of this limitation is to prevent the unregulated subdivision of a tract of land through a series of exempt divisions; nothing herein shall prohibit the subdivision of land where the resultant lots conform with the Town's subdivision regulations.
(C)
Determination and certification of exemption. The determination of whether a division of land is exempt from the definition of subdivision shall be made by the planning director, upon application of the property owner or agent, with supporting documentation (maps, plats, etc.), as needed. Upon a determination by the planning director that the proposed subdivision is exempt, a certificate of exemption shall be issued, and the subdivision shall not be subject to the Town's subdivision regulations.
(D)
Effect of certification of exemption. Divisions of land found to be exempt from the definition of subdivision are not required to meet the Town's subdivision regulations. However, a building or zoning permit may only be issued with respect to a lot that has been created by an exempt division if said lot meets the standards for development set forth elsewhere in this ordinance. Where a regulation is contained both in this article and elsewhere in this ordinance, although the regulation need not be met prior to property division and recordation, the lot in question must comply with said regulation before a building or zoning permit may be issued for the property.
(E)
Platting required. A subdivision plat meeting the requirements of G.S. § 47-30 shall be prepared for all exempt subdivisions. The plat shall identify the subdivision as being exempt from the requirements of this ordinance and shall be submitted to the planning director for review. Following his/her review of the subdivision plat, the planning director shall sign it and provide a copy to the applicant. The signed plat shall be recorded by the Town of Jamestown in the office of the Register of Deeds of Guilford County within 30 days of being signed by the planning director.
16.1-3.
Coordination with Other Requirements. When applications for other approvals are required for the subdivision, applications for these approvals may be submitted simultaneously with the initiation of the subdivision approval process to reduce the time required to secure all necessary approvals. Application forms as required for other approvals may be obtained from the planning director.
16.1-4.
Submittal. Applications for subdivision approval shall be submitted to the planning director and must include plats with all information as required by this ordinance. Application for subdivision shall be filed in accordance with Article 7 of this ordinance.
16.1-5.
Approval Required.
(A)
Date of compliance. After the effective date of this ordinance, no plat for the subdivision of land within the planning and regulation jurisdiction of the Town of Jamestown shall be filed, accepted for recording, or recorded, nor shall the clerk of superior court order the recording of a plat until it has been submitted to the planning director and approved as set forth herein. The signature of the planning director on the plat shall signify conformance with the requirements set forth in this article.
(B)
No conveyance without approval. No real property lying within the planning and regulation jurisdiction of the Town of Jamestown shall be subdivided until it conforms with all applicable sections of this article. Violations of this article shall be subject to the penalties set forth in Article 23. Any sale or transfer of land in a subdivision subject to these regulations by reference to an unapproved plat or the use of a metes and bounds description shall be considered a violation of this article.
(C)
Pre-sale contracts. The provisions of this section shall not prohibit any owners or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the subdivision ordinance or recorded with the register of deeds, provided the contract does all of the following:
1.
Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owners to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.
2.
Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat.
3.
Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat.
4.
Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.
The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the subdivision ordinance or recorded with the register or deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction or residential buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the subdivision ordinance and recorded with the register of deeds. (G.S. § 160D-807(c))
16.1-6.
Designation of Approval Agency. The Town of Jamestown Planning Department is designated as a planning agency for the purposes of G.S. § 160D-803(c). The planning director or his/her designee shall be authorized to sign the plat signifying final approval of subdivisions.
16.1-7.
Violations. Violations of the provisions of this section shall be subject to the enforcement and penalty provisions set forth in Article 23 of this ordinance. In addition to being subject to the provisions for enforcement in Article 23 of the ordinance, any person who, being the owner or agent of the owner of any land located within the Town's jurisdiction, subdivides his land in violation of the ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under such ordinance and recorded in the office of the appropriate register of deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from these penalties. The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the courts shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to G.S. § 160D-403 may be denied for lots that have been illegally subdivided. In addition to other remedies, the Town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act of conduct. (G.S. § 160D-807)
16.1-8.
Dedication and Acceptance of Public Areas.
(A)
Rights-of-way and easements. The approval of a final plat constitutes dedication but does not constitute acceptance by the Town of Jamestown of the public of the right-of-way of each public street and easement shown on the plat. The approval of a plat does not constitute acceptance for maintenance of other improvements in the right-of-way such as street paving, utility lines, drainage facilities or sidewalks. When located within the corporate limits of the Town of Jamestown, such dedications may be accepted only by resolution of the Jamestown Town Council or by their designee following inspection and approval to ensure compliance with specifications established by the Town or by the Town exercising control over and maintaining these areas. Until the offer of dedication is accepted by the Town in either of these manners, the developer shall be responsible for maintenance of those areas.
Open space. Land designated as public open space or a park on a plat shall be considered to be offered for dedication, but not accepted until the Jamestown Town Council, or their designee, has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Jamestown Town Council.
(B)
Sites for public facilities. Where a school or other public site is shown on an approved plat recorded with the register of deeds, the site shall either be dedicated for public purpose at the option of the property owner or reserved for acquisition by the Guilford County School Board for a period not exceeding 18 months from the date of approval of the preliminary subdivision plan.
16.1-9.
Required Improvements. Improvement requirements shall be fulfilled or guaranteed before a final plat shall be approved by the planning director for recording. Said improvement requirements are listed in Appendix 16, checklist for final plat approval:
(A)
Street and utility construction.
1.
Plans. Construction plans for all street, sidewalk, water, sanitary sewer, and stormwater facilities shall be submitted to the Town of Jamestown concurrent with preliminary plat approval. The street and utility construction plans for each subdivision, or portion thereof, shall include all improvements lying within or adjacent to the subdivision as well as improvements to all streets and water and sanitary sewer lines lying outside the subdivision which provide service to the subdivision. No final plat shall be approved, or a certificate of occupancy issued, until all improvements have been installed and approved or a guarantee accepted.
2.
No construction without plan approval. No improvement to or new construction of street, sidewalk, water, sanitary sewer, and stormwater facilities shall be permitted until the street and utility construction plans for such improvements/construction have been reviewed and approved by the Town of Jamestown and appropriate governmental agencies. These agencies may include, but shall not be limited to, the Division of Water Quality of the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the Division of Environmental Management of the North Carolina Department of Environment and Natural Resources, or their successors.
3.
Inspection of construction. All construction undertaken pursuant to approved street and utility construction plans shall be inspected and approved by the Town of Jamestown and/or the appropriate governmental agencies.
(B)
Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may provide a performance guarantee as specified in Section 2.15 of the Ordinance.
16.1-10.
Maintenance of Common Areas. Where subdivisions have common areas or facilities serving more than one dwelling unit, the developer shall be responsible for the maintenance of these common areas and facilities. This responsibility may be transferred to another entity, provided the developer prepares a document for recordation showing the transfer of the property and the maintenance responsibilities to a successor. A copy of the recorded document must be provided to the planning department. In such case, the successor shall be responsible for the maintenance of the common access and facilities.
16.1-11.
Association Documents. Prior to the approval of the final plat for a subdivision, all documents related to the creation and operation of the homeowners' association, property owners' association, and/or any other association created for and/or by the developer, homeowners, or property owners of the proposed subdivision shall be submitted to the Town of Jamestown for review and approval. These documents may include but not be limited to the articles of incorporation for the association, the homeowners' association documents, the property owners' association documents, and design standards. The purpose of the review is to ensure that the documents do not contain standards, requirements, or other provisions that conflict with ordinances, regulations, and/or standards of the Town of Jamestown. The Town shall not be responsible for enforcement of the homeowners' association documents.
16.1-12.
Recordation of final plat. A final plat must be recorded by the Town of Jamestown in the office of the register of deeds for Guilford County in accordance with the process outlined in Article 7 of this ordinance.
16.1-13.
Modifications. Modifications to the standards for subdivisions as set forth in this ordinance may be granted in accordance with the procedures sets forth below. Any subdivision for which a modification is requested shall be reviewed as a major subdivision.
(A)
Approval authority. Modifications to the standards for subdivisions found in Article 16 of this ordinance and access standards found in Article 2 as they relate to subdivisions shall be reviewed by the Town of Jamestown Technical Review Committee. Requests for variances from other requirements of this ordinance shall be heard by the board of adjustment under the procedures established by Article 6 of this ordinance.
(B)
Grounds for modifications. Modifications from the standards for subdivisions set forth in this ordinance may be granted in cases of physical hardship. Cases of physical hardship shall be defined as those cases where because of the topography of the tract to be subdivided, the condition or nature of adjoining areas, or the existence of other unusual physical characteristics, strict compliance with the provisions of this ordinance would cause unusual and unnecessary hardship on the subdivision of the property-by-property owner or developer. In granting the modification, the technical review committee shall make the findings required below, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No modification shall be granted unless the technical review committee finds:
1.
That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land; and
2.
That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
3.
That the circumstances giving rise to the need for the modification are peculiar to the parcel and are not generally characteristic of other parcels in the Town; and
4.
That granting the modification will not be a detriment to public health, safety and welfare or injure other property in the area in which the property is located.
5.
That the alternative proposed by the applicant will result in equal or better performance than that provided by the standard for which the modification is requested.
Any modification thus granted by the technical review committee shall be recorded in the minutes of the meeting at which the modification is granted along with the reasons for the modification.
(C)
Conditions. The Town of Jamestown Technical Review Committee, in granting modifications, may require such conditions as will ensure the purposes of the standards or requirements waived.
(D)
Filing of application. An application for modification of the standards set forth in this ordinance shall be submitted to the planning director and shall provide all information requested by the planning director.
16.1-14.
Phased Development. Subdivisions may be designed to be platted and constructed in phases. A plan for phased development must be approved by the technical review committee. The plan for phased development shall provide for the provision of adequate public facilities to support each and any phase independent of the overall subdivision plan. Access and water supply for fire protection shall be present to the extent required by the North Carolina Fire Prevention Code. In approving the phases, the TRC may require that additional streets, water and sewer facilities, or other required public facilities be constructed as part of the phase or phases to ensure that sufficient public facilities will be in place to support each phase or phases independent of any future subdivision development. Final plats for subdivisions developed in phases shall be recorded in accordance with the schedule presented by the applicant during the preliminary plat approval and approved as part of the preliminary plat approval process. The applicant may request, in writing, adjustments of the approved schedule and the planning director may grant extensions of up to 12 months for each phase. If the final plat for any phase of the subdivision is not submitted in accordance with the approved schedule, the preliminary plat shall be resubmitted to the planning department for review and approval. Such resubmittal shall be in accordance with the requirements of this ordinance.
16.2-1.
General. All proposed subdivisions shall comply with the standards set forth below.
16.2-2.
General Requirements and Compliance with Adopted Plans. Land shall be subdivided in accordance with good land planning practices, including adequate consideration of the natural topography and drainage features and the type of development proposed. Land shall also be subdivided in compliance with the zoning standards set forth in Article 8 of this ordinance and with other adopted plans and ordinances. In addition, where land lies within the area of a public water supply reservoir, a proposed highway project or other public project designated by a governmental authority, subdividers shall give notice on the face of the final subdivision plat that land within the subdivision lies within a designated area for public development and may be the subject of future public purchase.
16.2-3.
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 be designed in shape, size and location with due regard to topographic conditions, features of the surrounding area, contemplated use, and official plans and ordinances 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 town ordinances.
(B)
Area and dimensions of lots. All lots shall conform to the minimal dimensional requirements for each zoning district as prescribed in Article 8 and with the lot type standards found in Article 9 of this ordinance.
(C)
Frontage. Every lot shall front or abut on a public street, with the exception that there can be up to four lots created off of a private drive, where such private drive meets or exceeds the Town of Jamestown's Private Drive Standards set forth in the Town of Jamestown's Standards and Specifications Manual. There shall be no reserve strips controlling access to streets except where cause can be shown that such control would best serve the purpose of this ordinance.
(D)
Lot lines and drainage. Lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways to the extent practicable to avoid the creation of lots that can be built upon only by altering such drainage ways.
(E)
Double and reverse frontage. Double frontage and reverse frontage lots shall be avoided, except where required in unusual circumstances specifically approved by the technical review committee.
(F)
Lot boundaries. Lot boundaries must be contiguous with street right-of-way boundaries and shall not extend to the center of public streets. Land to be subdivided which has existing property lines extending into street rights-of-way or into streets shall dedicate a street right-of-way as required by the Town of Jamestown's Standards and Specifications Manual for that section of the street located on or adjacent to the property being subdivided.
(G)
Side lot lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines
(H)
Buildable area. Lots or parcels shall not be unreasonably shaped and shall be made to contribute to the buildable area of a lot. Portions of a lot less than 15 feet wide shall be excluded from the minimum lot area. Additionally, portions of a lot that are less than 26 feet wide and longer than 25 feet will be excluded from the minimum lot area.
(I)
Block dimensions. Blocks shall be laid out taking into consideration traffic circulation patterns and contemplated use.
1.
Length. Blocks shall be not less than 400 feet nor more than 1,600 feet in length, except as considered necessary to secure efficient use of land or desired features of street pattern by the technical review committee. Where deemed necessary by the technical review committee, a pedestrian crosswalk of at least eight feet in width shall be provided.
2.
Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth, (reference Zoning Standards, Article 8, and Lot Type Standards, Article 9), except where fronting on major streets is prevented by topographic conditions, in which case a single tier of lots may be approved. Block width standards do not apply to subdivisions proposed as part of a cluster development (see Article 8).
(J)
Lots on thoroughfares. Residential lots in subdivisions shall not be entered from major thoroughfare streets.
(K)
Access requirements for all lots. Each lot in a subdivision shall meet the access standards set forth in this ordinance and in the Town of Jamestown Standards and Specifications Manual.
(L)
Lot area calculation. Areas in the public right-of-way shall not be used to calculate compliance with minimum lot size requirements.
(M)
Flag lots. Flag lots shall be permitted subject to the following standards:
1.
The minimum flagpole (strip connecting the bulk of the lot to the street) width shall be 25 feet.
2.
The maximum flagpole (strip connecting the bulk of the lot to the street) length shall be 200 feet.
3.
The area of the flagpole (strip connecting the bulk of the lot to the street) shall not be used in calculating minimum lot area, setbacks, or other dimensional requirements for the zoning district in which the lot is located.
4.
Not more than five percent of the total number of lots in a subdivision or development shall be flag lots.
16.2-4.
Landscaping and Buffering. Landscaping shall be provided in the proposed subdivision as required by Article 11 of this ordinance. Preservation of existing trees is encouraged.
16.2-5.
Open Space. Open space as required by Article 11 of this ordinance and other applicable ordinances and regulations of the Town of Jamestown shall be provided in the proposed subdivision.
16.2-6.
Streets and Utilities. All streets and utilities must comply with the requirements of all other applicable plans and manuals adopted by the Town of Jamestown, including, but not limited to, the Town of Jamestown Standards and Specifications Manual.
16.2-7.
Street design. The design of all public streets and roads within the Town of Jamestown shall conform to standards set forth in the Town's Standards and Specifications Manual. (The Town's standards meet or exceed the standards set forth in the most recent edition of "Minimum Construction Standards for Subdivision Roads" published by the N.C. Department of Transportation, Division of Highways.) Where permitted, private streets must also be constructed to the Town of Jamestown design standards.
Disclosure and approval by the division of highways shall comply with G.S. § 136-102.6.
(A)
Cul-de-sacs. Cul-de-sacs or other dead-end streets designed to be permanently closed are strongly discouraged and can only be used when it is not feasible to connect to an existing or future street. Cul-de-sacs shall not exceed 800 feet in length depending on topography, shall be provided at the closed end with a right-of-way radius and a turnaround radius meeting or exceeding the standards set forth in the Town of Jamestown Technical Standards and Specifications Manual, and shall have pedestrian connections at the terminus, where practicable. Pedestrian connections shall be a minimum of five feet in width and shall be constructed so as to encourage pedestrian connectivity between parts of a subdivision. The technical review committee may grant modifications to these requirements on a case-by-case basis, with the reasons stated in writing.
(B)
Continuation of adjoining street system. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.
(C)
Stub streets. Where the property to be subdivided abuts another property that, in the opinion of the planning director, could be subdivided in the future, the proposed street layout shall include a right-of-way, meeting the Town's standards for width and grade, which connects the streets in the subdivision to the abutting property. This right-of-way shall be preserved for the construction of a future street providing access to the abutting property. The subdivider shall be responsible for placing a sign(s) within the right-of-way of the stub street stating that it is the location of a future street. Such sign(s) shall be approved by the planning director before being placed in said right-of-way.
16.2-8.
Naming of Streets and Subdivisions. All streets shall be named, and signs conforming to town standards shall be posted at intersections showing the name of every street. New streets which are obviously in alignment with others already exist and named shall bear the names of the existing streets where practical. In no case shall the names of new streets phonetically resemble existing street names. Streets shall be named in accordance with the standards for street naming established by Guilford County and must be approved by Guilford County's emergency address coordinator. All subdivisions requiring the development of new public roads must be named. Subdivision names or identification shall not duplicate or closely approximate phonetically the names of existing streets and subdivisions in the Town of Jamestown or its area of jurisdiction and must be approved by Guilford County's emergency address coordinator. The minimum identification requirement is that a sign clearly showing the name of the subdivision be posted at the main entrance to the subdivision.
16.2-9.
Street Construction—Property Owners' Participation. The Town of Jamestown will not accept or adopt any new street, nor will it pave or assist in the construction or pavement of any new street other than streets shown on the map of the streets of the Town of Jamestown known as the Powell Bill Map except upon the payment of the full cost and expense of construction or of construction and pavement, as the case may be, and such cost and expense must by actually paid or amply secured (see Section 16.1-9(B)) before the Town will take any action.
16.2-10.
Utility Easements. All subdivision plats shall identify easements for the installation of utilities as follows:
(A)
Major subdivisions. An appropriate easement, of the width required by the utility company/agency, shall be provided for utilities including, but not limited to, electric service, telephone service, cable television service, sewer lines, and waterlines within the subdivision. The location of the easements and the physical relation of all utilities within the easement shall be approved by the Town of Jamestown, in consultation with the utility providers, prior to final plat approval. Placement of all utilities in a common easement is encouraged when such placement does not conflict with these requirements or others.
(B)
Minor subdivisions. Utility easements shall be provided as required by the approving agency.
16.2-11.
Water Supply for Fire Protection.
(A)
Water supply for fire protection shall be provided as required by the North Carolina Fire Prevention Code.
(B)
Size, type, and installation of hydrants shall conform to the specifications set forth in the North Carolina Fire Prevention Code.
(C)
The maximum distance between fire hydrants shall be 500 feet measured by right angles along identified travel way(s).
16.2-12.
Stormwater management.
(A)
Design of the stormwater management system shall be consistent with the Town of Jamestown's stormwater regulations, as contained in the watershed standards (Article 19 of this ordinance).
(B)
The stormwater management system design shall comply with the specifications set forth in the stormwater section of Jamestown's Standards and Specifications Manual.
16.2-13.
Flood Standards.
(A)
All subdivision proposals within the Town of Jamestown corporate limits and extraterritorial jurisdiction shall be consistent with the requirements of the city's flood protection regulations set forth in Article 18 of this ordinance and with the need to minimize flood damage.
(B)
All subdivision proposals shall have the public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(C)
Adequate drainage shall be provided to reduce exposure to flood hazards.
(D)
Base flood elevation data shall be provided for subdivision proposals whenever any portion of the project site is located within a designated flood hazard area.
(E)
Preliminary and final plats shall note the location of floodplain and floodway boundaries and the 100-year flood elevation.
(F)
If there is a water course or dry branch running through or within 150 feet of the proposed subdivision, the prospective subdivider shall furnish evidence that residential lots within the subdivision will not be flooded. Lots located in flood plains shall comply with the flood prevention standards set forth in Article 18.
16.2-14.
Buffer Strips—Streams. Buffer strips shall be provided along streams as required by the Watershed Regulations set forth in Article 19 of this ordinance.
16.2-15.
Wire Line Utilities. Wire line utilities shall be installed underground unless exempted by G.S. § 160D-804(h) or inconsistent with flood protection requirements.
16.2-16.
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 conducting surveys.