It is the intent of this article to provide general performance standards to ensure that development within the county planning jurisdiction will be designed, arranged, and constructed in a safe, orderly, and visually harmonious manner, and will reflect the basic character of the development site and its immediate surroundings as well as the nature of the proposed uses of the site.

(Ord. of 7-10-2000, § 8.1)

   Except where otherwise specifically provided in this chapter, no land or structure shall be used or occupied, and no excavation, removal of soil, clearing a site or placing fill shall take place on land contemplated for development, and no structure, or part of a structure, shall be constructed, erected, altered, renovated or moved except in compliance with the general performance standards specified in this article and the specific standards contained in the design manual required in section 14-353. These design standards shall not apply to a single-family detached dwelling unit or an accessory dwelling unit, existing or proposed.

(Ord. of 7-10-2000, § 8.2)

   The county manager shall develop and make available a design manual which shall contain specific design and construction standards. Such standards shall be in accordance with the general performance standards contained in this article, and shall reflect, where applicable, generally accepted design and construction practices and techniques. The design manual shall contain sufficient flexibility in the application of specific standards so as to permit modifications of the standards where such modifications have been determined to be equal to or more appropriate to safe, orderly, and visually harmonious development due to particular conditions of a development site, and that such modifications continue to be in conformance with the general performance standards contained in this article. The design manual is on file in the county planning department.

(Ord. of 7-10-2000, § 8.3)

   Developments shall be arranged so as to be visually harmonious both within the development site and in relation to adjacent developments. Site design elements of the development shall be integrated to the degree of their compatibility with each other and shall be separated to the degree of their incompatibility. Insofar as is practicable, developments shall be arranged so as to preserve or enhance natural vistas. Structures shall be placed and arranged so as not to adversely affect adjacent property. Adverse effects shall include, but are not limited to, the removal of lateral support, the creation of hazard, nuisance, danger or inconvenience, unreasonable loss of light and air, or unreasonable loss of privacy or views.

(Ord. of 7-10-2000, § 8.4)

   All site plans shall demonstrate a high quality of overall site design and in the design and construction of site elements, including appropriate consideration of the relationship and balance among site elements, the relationship of the development to natural features, neighboring developments, and access and circulation systems, retention of natural vegetation, minimal alteration of natural topography, mitigation of erosion and sedimentation, mitigation of stormwater drainage and flooding, arrangements and orientation of buildings and amenities in relation to each other and to neighboring streets, landscaping, preservation or enhancement of vistas, and mitigation of traffic impacts.

(Ord. of 7-10-2000, § 8.4.1)

   All site designs should consider design elements that include landscape preservation, siting of buildings, drives, parking and circulation, and site drainage within the physical constraints of a particular site. The site design should adequately address the following key site design objectives:

   (1)   Preserves natural land contours and natural drainageways, whenever possible;

   (2)   Is compatible with the positive character of the surrounding area in terms of both existing character and desired future character;

   (3)   Where possible, incorporates significant tree masses and/or specimen trees as an integral design factor;

   (4)   Minimizes harm and disruption to existing plant and animal life; and

   (5)   Sets aside areas whose physical conditions make them unsuitable for development as conservation areas or as open space.

(Ord. of 7-10-2000, § 8.4.2)

   (a)   External circulation. The type and arrangement of streets and driveways within the development shall be in compliance with and coordinate to the county's thoroughfare plan. Principal vehicular access points to the development shall be designed to encourage smooth traffic flow with minimum hazards to vehicular, pedestrian and bicycle traffic. Accommodations for controlled turning movements into and out of the development and improvement of the approach street shall be provided where existing or anticipated heavy traffic flows indicate need.

   (b)   Internal circulation. Internal circulation systems shall provide the types, amounts, and locations of accessibility appropriate to the type and size of development, and shall be designed so as to facilitate the movement of persons, goods, services, and waste products in a safe and efficient manner, while minimizing impermeable surfaces. Safe and convenient vehicular access shall be provided for emergency and service vehicles. Whenever appropriate to the type and size of the development, the provision of a safe, efficient, and convenient pedestrian system shall be required. The integration or separation of circulation systems and patterns shall be provided as appropriate to the type and size of the development and to the existing or anticipated traffic flows.

   (c)   Sight line triangle easements. Where necessary to ensure proper visibility for the safe flow of vehicular traffic at street intersections and major driveway intersections with streets, sight line triangle easements shall be provided at the corners of such intersections in accordance with the standards set forth in the design manual. Major driveways are considered to be those serving multifamily or nonresidential developments.

(Ord. of 7-10-2000, § 8.5)

   For minimum off-street parking space requirements see section 3.E of the county design manual. For minimum off-street loading space requirements see section 3.G of the county design manual.

   (1)   Required. Off-street parking shall be provided for all uses of land, structures, and buildings as well as for any expansion of such uses or increases in intensity of use in accordance with the requirements of this section. An off-street loading space shall be provided for all retail business, wholesale, and industrial uses as well as for any expansion of such uses or change in use requiring the regular delivery or shipping of goods, merchandise or equipment to the site by semitrailer trucks, in accordance with the requirements of this section. In the case of developments containing a mix of uses, the total requirements for off-street parking or loading space shall be the sum of the requirements for the various uses computed separately. Off-street parking requirements may be reduced if uses, located on the same site, can utilize the same parking spaces during different times. (For example, a theater that uses spaces at night could share spaces with a hardware store that uses the same spaces during the day.)

   (2)   Methods of providing required parking and loading spaces. All required parking or loading spaces shall be located on the same zoning lot as the principal use it serves, except as provided below. In lieu of actual construction of required on-site parking spaces, all or any portion of the off-street parking required in this section may be provided by the following means. Required parking for a use on a zoning lot may be located on another zoning lot, either by itself or combined with the parking for other uses, subject to certification by the planning director that the following requirements have been met:

      a.   The use being served by the off-site parking shall be a permitted principal use, as established in article II of this chapter, in the zoning district within which the zoning lot containing such parking is located;

      b.   The off-street parking spaces shall be located within 500 feet walking distance of a public entrance to the structure or land area containing the use for which such spaces are required. A safe, direct, attractive, lighted and convenient pedestrian route shall exist or be provided between off-street parking and the use being served;

      c.   The continued availability of off-site parking spaces necessary to meet the requirements of this section shall be ensured by an appropriate restriction on the title to the land providing the off-street parking spaces, in the form of a declaration, covenant, or contract; and

      d.   The off-site parking lot shall meet the state handicapped parking requirements.

   (3)   Combined parking. Up to one-half of the parking spaces required for any one use may be used to satisfy the parking requirements for either a second use on the same zoning lot or a use for which the provisions of subsection (2) of this section are utilized, subject to certification by the planning director that such joint usage of parking spaces complies with the following provisions:

      a.   The peak usage of the parking facility by one use will be at night, or on Sundays (such as with theaters, assembly halls, or places of worship), and the peak usage of the parking facility by the second use will be at other times; or

      b.   The second use is an ancillary use to the first use, such as restaurant and meeting rooms to hotels and motels.

   (4)   Use of required parking and loading space. Required parking areas shall be available for the parking of operable vehicles of residents, customers, and employees, and shall not be used for the storage of vehicles or materials, or for the parking of vehicles used for loading or unloading, or in conducting the use. Required loading spaces shall be available for the loading and unloading of vehicles, and shall not be used for the storage of vehicles and materials, or to meet off-street parking requirements, or in conducting the use.

   (5)   Parking design standards. All parking areas shall meet the following minimum design requirements:

      a.   Ingress to and egress from parking areas shall conform to county design standards.

      b.   Except for single- or two-family dwellings, all parking spaces and maneuvering space shall be surfaced with an all-weather material, which shall be maintained in a safe, sanitary, and neat condition.

      c.   No parking area or maneuvering space shall be located within a public right-of-way. Parked vehicles in off-street parking spaces shall be prevented from intruding onto travel lanes, walkways, public streets, or adjacent properties by means of walls, curbs, wheel stops or other appropriate means.

      d.   Except for single- or two-family dwellings, or for attendant parking, each parking space shall be arranged so that any vehicle may be parked and unparked without moving another vehicle.

      e.   The size of parking spaces shall be adequate for the safe parking of vehicles, and maneuvering space shall be provided so that parking and unparking can be accomplished in one continuous maneuver. Parking facilities designed to accommodate ten or more vehicles shall be designed in accordance with the standards for stalls and aisles as set forth in the county design manual.

      f.   Landscaped islands shall be required at the ends of or between parking aisles where necessary for traffic control or drainage control.

      g.   Except for single- or two-family dwellings, parking spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter streets in a forward manner.

      h.   Parking facilities shall be designed to connect with parking facilities on adjacent zoning lots where appropriate to eliminate the need to use the abutting street for cross movements.

      i.   All off-street parking facilities shall be provided with a drainage system meeting the design standards contained in section 14-359.

      j.   Parking facilities designed to accommodate 25 or more vehicles shall conform to the state handicapped parking regulations.

   (6)   Parking area landscape standards. It is the intent of this subsection to protect and promote the public health, safety, and general welfare by requiring the landscaping of parking areas which will serve to reduce radiant heat from paved surfaces, to reduce wind and air turbulence, to reduce noise, to reduce the glare of automobile lights, to ameliorate stormwater drainage problems, and to protect and preserve the appearance, character and value of adjacent properties. Except for single- or two-family dwellings, all parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements:

      a.   Parking facilities, unless located on or within a structure, shall be separated from the exterior wall of a building, exclusive of a paved pedestrian walkway or entranceway or loading area, by a landscape strip at least five feet in width, which shall be landscaped in accordance with county landscape standards.

      b.   Entryways into parking facilities shall be bordered by a landscape buffer strip a minimum of eight feet in width, which shall be landscaped in accordance with county landscape standards.

      c.   Ground-level parking facilities shall be set back from adjacent streets and/or adjacent properties that are zoned residential a minimum of ten feet. This setback area shall be landscaped in accordance with county landscape standards.

      d.   Parking facilities that accommodate 50 or more vehicles shall provide landscaped islands within the parking lot and shall be landscaped in accordance with county landscape standards.

      e.   In providing the landscaping required in this subsection (6), the retention of existing significant vegetation shall be encouraged.

(Ord. of 7-10-2000, § 8.6)

   Natural drainage systems and stormwater management installations shall be designed, constructed and maintained so as to:

   (1)   Provide for natural infiltration of stormwater;

   (2)   Control velocity of runoff flows;

   (3)   Extend the time of concentration of stormwater runoff; and

   (4)   Collect and transmit excess stormwater flows into either a constructed drainage system or into a natural drainage system.

(Ord. of 7-10-2000, § 8.7)

   Cross reference—Roads and other public places, ch. 18.

   (a)   Service by public systems. All developments shall be served by a county water supply and a county sanitary sewer system wherever practicable. Fire hydrants of sufficient water pressure to provide adequate fire protection shall be provided where necessary. All proposed public water and sanitary sewer installations shall be approved by the county public utilities department. Certification of such approval shall be submitted to the planning director prior to issuance of any land use permit for the development being served. No certificate of occupancy for a structure shall be issued until the following documents have been submitted to the planning director:

   (1)   Certification for the county public utilities department that all water/sewer facilities necessary to serve such structure have been completed to county standards; and

   (2)   As-built construction drawings of those completed water and/or sewer facilities located within a public right-of-way or easement.

   (b)   Service by individual systems. Individual water supply systems intended to provide potable water, and/or individual subsurface sewage disposal systems, may be permitted on a zoning lot, subject to approval by the county health department. Certification of such approval shall be submitted to the planning director prior to issuance of any land use permit for the development being served.

(Ord. of 7-10-2000, §§ 8.8.1, 8.8.2)

   Cross reference—Water service, § 24-41 et seq.; sewer service, § 24-101 et seq.

   For all new developments, except residential subdivisions of seven lots or less, all utility lines, other than lines used only to transmit electricity between generating stations or substations and three-phase electric power distribution lines, shall be placed underground, and all surface disruptions required for installation shall be rehabilitated to the original or an improved condition.

(Ord. of 7-10-2000, § 8.8.3)

   Cross reference—Utilities, ch. 24.

   All multifamily, office, commercial and industrial developments should provide secure, safe, and sanitary facilities for the storage and pickup of solid waste and recyclables. Such facilities shall be convenient to collection and shall be appropriate to the type and size of the development or use being served. All solid waste and recyclable storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination of a wall, fence, or hedge. Such screening shall be of sufficient height and design to effectively screen the facility from the view from adjacent properties and streets.

(Ord. of 7-10-2000, § 8.9)

   Cross reference—Solid waste, ch. 20.

   (a)   Purpose. Landscape areas shall be required to separate a proposed development from adjacent major streets and different land uses or zoning designations in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter, and glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy.

   (b)   Required. A landscape area is a strip of land together with the landscaping or screening required thereon. Except as otherwise specifically provided in this chapter, the type of landscape area required between proposed development and adjacent streets, land uses or zoning designations shall be specified in subsection (f) of this section. Width and screening specifications for each landscape area shall be detailed and illustrated in the county design manual. Screening required within landscape buffers is intended to provide separation of spaces without necessarily eliminating visual contact between spaces, and may consist of existing vegetation, planted vegetation, a landscaped earth berm, a decorative wall, a wood fence, or a combination of the above. Any options specified in the county design manual for the required landscape area type shall satisfy the landscape requirements of this section.

   (c)   Location. Required landscape areas shall be located along the interior or street lot lines nearest the adjacent streets, land uses, or zoning designations except where such lot lines are intersected by crossing accessways or utility easements, or by a joint parking area. Required landscape areas shall not be located on any portion of an existing or proposed street right-of-way or easement.

   (d)   Use. Provided the required landscape area width and screening is maintained, a landscape area may contain utilities, pedestrian paths, and other minor or passive uses compatible with the general separation of land uses.

   (e)   Required landscape area off-site. A landscape area meeting the requirements of this section can be located, wholly or in part, on an adjacent zoning lot, provided that the adjacent zoning lot owner certifies his approval of the landscape area.

   (f)   Schedule of required landscape areas. 

Note: Specifications for each landscape area type are contained in section 6 of the design manual.

   Landscape Area Type Chart

 

   * - No landscape area required.

   ** - Adjacent land uses and vacant lands include uses and land across a street from the proposed use.

   *** - Existing uses included uses approved as part of development for which a special use permit or land use permit has been issued.

   (g)   Existing vegetation. Significant existing vegetation shall be retained and maintained whenever possible so as to permit such vegetation to contribute to landscape area and screening requirements.

   (h)   Maintenance of landscaping. All landscaping and screening required in this section shall be maintained so as to continue their effectiveness.

(Ord. of 7-10-2000, § 8.10)

   (a)   In developments contemplating the use of outdoor lighting to ensure the security of property and the safety of persons using such development, streets, sidewalks and facilities, all principal entrances to the development, and internal areas as appropriate, should be sufficiently lighted to ensure the safety of residents and the security of the building.

   (b)   All streets within a major subdivision shall incorporate a street lighting system to ensure the security of property and the safety of persons using such development, streets, driveways and facilities.

(Ord. of 7-10-2000, § 8.11)

   Except for single- and two-family dwellings, all buildings and facilities used by the general public shall be accessible to and usable by the physically handicapped in accordance with the building code provisions as established by the state.

(Ord. of 7-10-2000, § 8.12)

   (1)   Purpose: Johnston County is committed to maintaining and improving the quality of life for current and future citizens. A major factor affecting the quality of life has become traffic congestion along the county's major thoroughfares and local streets within urbanizing areas. By requiring a traffic impact analysis (TIA), the county can evaluate the effect proposed development will have on the county's existing traffic system and enable the county to require specific improvements. The intent of this section is to provide developers with a clear policy as to the county's TIA expectations and to ensure that all developments are treated equally through the establishment of specific guidelines and improvement requirements.

   (2)   Requirement thresholds:

   (a)   Residential subdivision proposing 100 lots/units or more.

   (b)   Nonresidential subdivision proposed which generates an average daily traffic count of 1,000+ vehicles per day or 100+ trips during peak hour of generator. This traffic count must be based on the latest version of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

   (c)   Any residential or nonresidential development requiring a special use permit or site plan approval which generates an average daily traffic count of 1,000+ vehicles per day or 100+ trips during peak hour of generator. This traffic count must be based on the latest version of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

Note #1: The count is cumulative; as a proposed development reaches the threshold, a TIA will be required for the entire development. As new phases are proposed and once a development has reached the threshold, an additional TIA will be conducted for each additional phase.

Note #2: Failure to meet all requirements listed within this section may constitute disapproval of the development request.

   (3)   Retention of expert assistance and reimbursement by applicant 

   (a)   The county shall hire a consultant and/or expert necessary to assist the county in preparing, reviewing, and evaluating the traffic impact analysis, and at the request of the county may be asked to look at other specific issues.

   (b)   An applicant shall deposit with the county funds sufficient to reimburse the county for all reasonable costs of consultant and expert evaluation and consultation to the county in connection with the performance and review of any analysis. The initial deposit shall be established by the county and may be changed within the discretion of the county. These funds shall be deposited at the time the subdivision application is submitted and the county will maintain a separate escrow account for all such funds. The county's consultants/experts shall bill or invoice the county no more frequently than monthly for its services in reviewing the application and performing its duties. The applicant shall immediately, upon notification by the county, replenish said escrow account so that it has a balance established by the county and may be changed within the discretion of the county. Such additional escrow funds shall be deposited with the county before any further action or consideration is taken on the subdivision application. In the event that the amount held in escrow by the county is more than the amount of the actual billing or invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. All invoices submitted by the applicant shall be itemized and be public records available for inspection.

   (c)   The total amount of the funds needed as set forth above may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the county or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as reasonably required and requested by the county, shall be paid by the applicant. However, notwithstanding any other provisions of this section, if the total amount paid to the consultant exceeds $7,500.00 for a single application, such amount shall be subject to review and approval by the county commissioners at the request of the applicant.

   (d)   The developer may have a TIA conducted by a consultant of his or her choice but will be required to be submitted for review and evaluation by the County's consultant. Any cost associated with the County's review shall be paid by the developer as described in subsections (3)(b), (c).

   (4)   Traffic impact analysis guidelines. All traffic impact analyses shall be completed in accordance with the guidelines listed in section 10 of the Johnston County Design Manual.

   (5)   Improvement requirements. 

   (a)   Left turn lane, right turn lane, and/or right turn taper. Based on requirements of the NCDOT Driveway Manual or other NCDOT standards.

   (b)   Additional right-of-way. If a subject development falls along a road projected to be widened by NCDOT or an adopted county plan, additional right-of-way along the development's road frontage shall be dedicated as deemed acceptable by NCDOT.

   (c)   Offsite improvements. If a road segment or intersection is currently performing at level of service (LOS) D or better and is projected to perform at LOS E or F at the time of build-out, improvements must be made to maintain the road segment or intersection at LOS D. If a road segment or intersection is currently performing at level of service (LOS) E or F and is projected to continue to perform at LOS E or F at the time of build-out, the TIA shall demonstrate how an LOS D could be achieved and also specify what improvements must be made to ensure that the road segment or intersection is not degraded any further than the current levels.

   (d)   Other necessary improvements. Additional improvements may be required based on the TIA recommendations related to topographic/environmental conditions, sight distance, street offsets, conflicting movements, existing traffic accident counts, circulation, and other potential traffic issues resulting from the proposed development. Additionally, the planning board may determine that additional improvements are necessary to ensure the safety and welfare of the county's citizens and travelers.

(Amend. of 11-8-2004; Amend. of 02-03-2010(2))