Kings Mountain City Zoning Code

1. (A)
   Generally.  This Chapter shall apply to any subdivision within the corporate limits of the City or any extraterritorial jurisdiction established pursuant to NCGS. This Chapter sets out regulations for the substantive review of subdivisions of land to serve the needs of all public and private interests within the City and surrounding areas.  
2. (B)
   When a Subdivision Plat is Required

   1. (1)
      Subdividing Land. The owner or proprietor of any tract of land who desires to Subdivide land (to create a “Subdivision”) shall be required to submit a plat of such Subdivision to the Director, whom is hereby charged with the responsibility for coordinating the processing of such plats. The subdivision plat submitted to the Director must be made in accordance with the regulations set forth in this Article.
   2. (2)
      Subdividing Land without Plat. No person shall subdivide land without making and recording a plat and complying fully with the provisions of this Article and all other state and local laws and regulations applying to Subdivisions.
   3. (3)
      Transfer of Ownership. No person shall sell or transfer ownership of any lot or parcel of land by reference to a plat of a subdivision before such plat has been duly recorded with the Register of Deeds, unless such subdivision was created prior to the adoption of this Ordinance and any other subdivision ordinance applicable thereto.
   4. (4)
      Building Permit or Certificate of Compliance and Occupancy. No building permit or Certificate of Compliance and Occupancy shall be issued, and no construction of any public or private improvements shall be commenced, for any parcel or plat of land which was created by subdivision after the effective date of this UDO in a manner that does not comply with the requirements of this UDO.
   5. (5)
      Court Orders. In any matter in which a court orders the partition of land by dividing the same among the owners, such action shall be exempt from the provisions of this Article, provided that the City is made a party defendant to said action and gives its consent or fails to file responsive pleadings to said division of the property.
   6. (6)
      Final Subdivision Plat. A final subdivision plat shall be approved by the Director before the subdivision of a parcel may be recorded.  No land may be subdivided through the use of any legal description other than with reference to a plat approved by the Director in accordance with these regulations.
3. (C)
   When a Subdivision Plat is Not Required. Pursuant to NCGS §160D-802, a subdivision plat shall not be required for any of the following:

   1. (1)
      Combination. 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 City as shown in this UDO;
   2. (2)
      Large Lots. The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved.
   3. (3)

      Public Acquisition. The public acquisition by purchase of strips of land for the widening or opening of streets.

   4. (4)

      Certain Subdivision. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in this UDO.

   5. (5)

      Wills. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under NCGS Chapter 29.

4. (D)
   Recordation of Unapproved Plat Prohibited. The Register of Deeds shall not file or record any subdivision plat required by this UDO until such plat shall have been approved, and such approval evidenced thereon, in accordance with the regulations set forth in this Article.
5. (E)
   Sale of Property in Violation of this Ordinance Prohibited. No land described in this Section shall be subdivided or sold, or transferred until each of the following conditions has occurred in accordance with these regulations:

   1. (1)
      The subdivider or his agent has submitted a conforming sketch plat of the subdivision to the Director; and the subdivider or his agent has obtained approval of the sketch plat, a preliminary plat (when required), and a final plat as provided in this Article; and
   2. (2)
      The subdivider or his agent files the final or conveyance plat with the Register of Deeds.

Effective on: 1/1/1901

1. (A)
   Generally. This Section sets out regulations for the substantive review of subdivisions to be applied in addition to the other applicable land development regulations of this UDO.
2. (B)
   Purpose. These regulations are designed, to be administered in a manner to:

   1. (1)
      Establish adequate and accurate records of land subdivision,
   2. (2)
      Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of appropriate adjoining tracts,
   3. (3)
      Provide for adequate, safe, and efficient public utilities and improvements,
   4. (4)
      Provide for adequate facilities for public parks, schools, and other public purposes (including, but not limited to, libraries, fire stations, public buildings, and other similar facilities),
   5. (5)
      Provide for light, air, and other spaces for the public,
   6. (6)
      Provide for protection from fire, flood, and other dangers,
   7. (7)
      Provide for efficient design of utilities, storm water drainage facilities, and streets and sidewalks,
   8. (8)
      Ensure that the cost of improvements which primarily benefit the parcel proposed for development be borne by the owners/developers of the parcel, and the costs of improvements which primarily benefit the whole community be borne by the whole community,
   9. (9)
      Provide for the administration and regulation of resource protection areas and open spaces as might be articulated by policies in the Comprehensive Plan,
   10. (10)
       Protect groundwater and surface water from contamination by storm water runoff and other sources of pollution, and
   11. (11)
       Reduce potential impacts of new development on street congestion by providing alternative travel routes, provide a meaningful choice of alternative modes of transportation, shorten journey to work trips, or lessen overall vehicle miles traveled.

Effective on: 1/1/1901

The authority and jurisdiction of the subdivision standards of this UDO are described in Section 156.90.01.C, Authority and Jurisdiction.

Effective on: 1/1/1901

1. (A)
   Design Principles. 

   1. (1)
      Compatibility. The proposed subdivision shall be designed in a way that:

      1. (a)
         Environment. Preserves and protects the environmental resources to the benefit of the subject property and abutting properties;
      2. (b)
         Buffering. Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity alongside and rear lot lines as set out in 156.60.02;
      3. (c)
         Common Open Space. Maximizes the access to and benefit of common open spaces by providing for a connection to or continuation of the open spaces of abutting or adjacent properties and providing for maximum frontage and access to such open spaces;
      4. (d)
         Connectivity. Provides appropriate, context-sensitive vehicular and pedestrian linkages, providing access while protecting neighborhood integrity and individual property values;
      5. (e)
         Storm Water. Protects neighboring property from undue storm water runoff;
      6. (f)
         Access. Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and
      7. (g)
         Level of Service. Does not reduce the level of service of public infrastructure that are provided to surrounding development.
   2. (2)
      Tree Preservation. The subdivision shall be designed to meet the standards of Section 156.60.02 and so that existing tree masses, large individual trees, and plant materials shall be preserved where practicable.
   3. (3)
      Topography and Natural Features. The arrangement of lots and blocks and the street system should be designed to conserve and make the most advantageous use of topography and natural physical features.
   4. (4)
      Renewable Resources. The blocks, lots, and buildable areas of a subdivision should be designed to take full advantage of sun and shade, where appropriate, wind, and other sources of renewable energy.
   5. (5)
      Street Arrangement. The general arrangement of streets should conform to the functional street classification system and the network alignments of the City's Comprehensive Plan.
   6. (6)
      Visual Qualities. The system of roadways and sidewalks and the lot layout should be designed to take advantage of the visual, topographical, and environmental qualities of the area.
   7. (7)
      Full Extension Through Property. If a development requires the installation of water and sewer utilities, curb and gutter, sidewalk, bike paths, or greenways, such infrastructure shall be extended along the full length of the property. For instance, if curb and gutter is required along a street frontage, it will be provided along the entire length of the frontage. New water and sewer utilities extended to a site for development shall be extended along either the full frontage of the street, or along the full extent of the property, depending on the location of said utilities. Greenways and bike lanes, where required as determined by bicycle and pedestrian plans and Administrator review, will be located along the entire frontage of the street, or along the full extent of the property, depending on the location of the infrastructure in relation to the site.
   8. (8)
      Underground. For new commercial development and redevelopment involving tear-down and new construction, all utilities in both public and private rights-of-ways shall be placed underground and aerial crossing of utilities are prohibited, except when extreme conditions of underlying rocks or other conditions prevent this requirement from being met and only as approved by the Administrator.
   9. (9)
      Fee-in-Lieu. In cases where the expense to bury said utilities is deemed to be unreasonable based on extreme conditions, the City may negotiate a fee-in-lieu arrangement with the project developers in lieu of requiring burial, the fee will be based on the actual cost estimate provided by the applicant, to be reviewed and approved by City Engineer and calculated at 125% of the cost. Any such agreement shall be a part of a development agreement governing the subject property and the collected fee shall be deposited in a special revenue fund by the City to be used to bury utilities. The burying of utilities shall be completed, or the fee-in-lieu paid to the City, prior to a Certificate of Completion being issued for structures.
2. (B)
   Types of Subdivisions.  Before any land is subdivided, the owner of the property proposed to be subdivided, or his or her authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include three principal steps for all subdivision types (see Table 156.70.02.A-1, Classification of Subdivisions):

   1. (1)
      Minor and Family Subdivision (See Section 156.160.01, Minor Subdivision).

      1. (a)
         Sketch Plan;
      2. (b)
         Preliminary Plat; and
      3. (c)
         Final Plat.
   2. (2)
      Major Subdivision (See Section 156.160.02, Major Subdivision).

      1. (a)
         Sketch Plan;
      2. (b)
         Preliminary Plat; and
      3. (c)
         Final Plat.

Effective on: 1/1/1901

1. (A)
   Generally.  All proposed subdivisions subject to the regulation of this ordinance shall be designed to facilitate the most advantageous development of the entire community and shall bear a reasonable relationship to the Comprehensive Plan of the City.  The general design of subdivisions, Sketch Plans, and Preliminary Plans shall:

   1. (1)
      Take advantage of and be adjusted to the contours of the land so as to produce usable building sites and Streets of reasonable gradients;
   2. (2)
      Consider the suitability of the land and its capability to support and maintain the proposed development.
   3. (3)
      Consider site constraints, such as:

      1. (a)
         Topography;
      2. (b)
         Rock outcrops;
      3. (c)
         Flood damage prevention;
      4. (d)
         Erosion control;
      5. (e)
         Wetland preservation;
      6. (f)
         Storm water management;
      7. (g)
         Solar energy;
      8. (h)
         Tree preservation;
      9. (i)
         Noise and pollution control;
      10. (j)
          Habitat for endangered species;
      11. (k)
          Areas of historical, archaeological, or architectural significance;
      12. (l)
          Land use relationships; and
      13. (m)
          Other additional factors prescribed by this Ordinance.
2. (B)

   Names.  The name of a proposed subdivision shall not duplicate or be phonetically similar to an existing subdivision name within the City or ETJ unless the proposed subdivision lies adjacent to or is in close proximity to the existing subdivision.

Effective on: 1/1/1901

1. (A)
   Generally.  The proposed Street system shall extend existing and projected streets at not less than the required minimum width and shall be in conformance with the following criteria:

   1. (1)
      Conformance with City Standards.  The location and design of Streets shall be in conformance with the Design Manual for the City of Kings Mountain.  
   2. (2)
      Street Classification.  The final determination of the classification of Streets in a proposed subdivision shall be made by the City of Kings Mountain. 
   3. (3)
      Conformance with Adjoining Street System.  The planned Street layout of a proposed subdivision shall be compatible with existing or proposed Streets and their classifications on adjoining or nearby tracts.
   4. (4)
      Access to Adjoining Property.  Where in the opinion of the City of Kings Mountain that it is desirable to provide for Street access to adjoining property, proposed Streets shall be extended to the boundary of such property.
   5. (5)
      Reserve Strips, Half Streets and Private Streets.  Reserve strips and non-access easements adjoining Street rights-of-way for the purpose of preventing access to or from adjacent property, (except those required to prevent access to Thoroughfares) and half-streets shall not be permitted under any condition. Private Streets shall be permitted only in specific developments as may be permitted by the Administrator.  However, all public streets must meet City standards.  
   6. (6)
      Alleys.  All alleys shall maintain 20' of unobstructed, paved travelway for emergency vehicle access as required by Appendix D of the Fire Code. 
   7. (7)
      Intersections.  Streets shall be designed so as to intersect as nearly as possible at right angles, and no street shall intersect any other Street at an angle of less than 60 degrees. Streets crossing natural areas or streams shall cross at or near to right angles as possible within limits of topographic conditions. Offset intersections are to be avoided. A minimum intersection offset of 125 feet shall be maintained.
   8. (8)
      Cul-de-sacs.  Cul-de-sacs should not be:

      1. (a)
         Used to avoid connection with an existing street, to avoid the extension of a thoroughfare or collector street, or to avoid connection to adjoining property; and 
      2. (b)
         Extended for significant lengths unless necessitated by factors outside the subdivider's control, such as topography, property shape, property accessibility, or land use relationships.
   9. (9)
      Conformance with Street Design standards.  All streets, utilities, street lights, storm drainage appurtenances, pavement, curb and gutter sections, and side ditches, placed within public rights-of-way shall be designed in accordance with the construction standards established in Section 156.70.02.D, Street Cross Sections.
   10. (10)
       Traffic Control Signs And Pavement Markings.  The subdivider shall install traffic control signs and pavement markings in accordance with the standards and specifications of the North Carolina Department of Transportation.
   11. (11)
       Subdivisions that Adjoin Existing City or NCDOT Streets.  Subdivisions that adjoin existing streets maintained by either the city or NCDOT shall dedication​ additional street right-of-way necessary to:

       1. (a)
          Meet the minimum width requirements for the type of classification of the adjoining Street;
       2. (b)
          Provide the entire minimum right-of-way when the subdivision is on both sides of an existing street right-of-way; and
       3. (c)
          Provide one-half of the minimum right-of-way, measured from the centerline of the existing Street when the subdivision is located on only one side of an existing Street.
   12. (12)
       Exception.  The improvement requirements of this Article shall not apply to the subdivision of lots fronting on established streets that have already been accepted for maintenance by the City or NCDOT. 
   13. (13)
       Significant Entrances.  Additional right-of-way width streets designed to meet the standards stated in Section 156.70.02.D, Street Cross Sections, shall be required for turning lanes along any existing or proposed street that forms a significant entrance to a proposed subdivision where the improvements are necessary in order to provide for safe vehicular movement into and out of the proposed subdivision.
   14. (14)
       Temporary Turn Arounds.  The subdivider shall provide a temporary turn-around in the form of a cul-de-sac for streets that are stubbed at the boundary of an adjoining property to provide a connection to a future subdivision when the street serves as the frontage for one or more lots and are not corner Lots.

1. (A)
   Connection to State Streets.  An approved permit is required to connect to any existing state system street.
2. (B)
   Street Outside of the City Limits.  Per North Carolina General Statutes 136-102.6 "Compliance of Subdivision Streets with Minimum Standards of the Board of Transportation Required of Developers" new public streets outside the city limits and changes to existing Streets inside the City Limits that are the responsibility of NCDOT are required to be in accordance with the minimum right-of-way and construction standards established by the Board of Transportation for acceptance on the state highway system. It is the intent of these subdivision standards and requirements, as set forth, to complement and not to conflict with the requirements of NCDOT as stated in NCGS 136-102.6. In all cases the most restrictive limitation or requirement or the requirement causing the highest standard of improvement shall govern.

   1. (1)
      Streets Outside the City Limits Design Standards.  All proposed streets shall be constructed in accordance with the standards of the City of Kings Mountain as shown in Section 156.70.02.D, Street Cross Sections. All street improvements shall be designed and installed in accordance with the standards of Section 156.70.02.D, Street Cross Sections, and the approved Construction Plan. The subdivider's Engineer shall furnish the city with a certified statement that all street improvements installed in the subdivision meet the minimum standards of the Ordinance.
   2. (2)
      Street Improvements Outside the City Limits Design Standards.  In addition, street improvements, in accordance with the Street Standards established in Section 156.70.02.D, Street Cross Sections, shall be installed in the following situations:
3. (C)
   Streets Not Dedicated/Private Streets.  New private streets are not allowed without extenuating circumstances that are approved by City Council. All private streets shall be clearly identified as such on the final plat at the time of approval and subsequent recording. 

Effective on: 1/1/1901

1. (A)
   Design Standards for Streets. Design Standards for the various classes of streets shall apply as shown in Table 156.70.02.D-1, Minimum Public Street Standards, and Figure 156.70.02.D-1, Cross Sectional Design Standards.

Figure 156.70.02.D-1 Cross Sectional Design Standards and Utilities

(Ord. 22-13, 04/26/2022; Ord. 22-29, 08/30/2022; Ord. 22-33, 09/27/2022) 

Effective on: 9/27/2022

1. (A)
   Street Names.

   1. (1)
      Generally. Proposed street names shall not duplicate nor too closely approximate phonetically the name of any street within the City and Cleveland or Gaston Counties. Where proposed streets are extensions of existing streets, the existing street names shall be used except where a new name can reasonably be used to facilitate proper house numbering or to avoid further street name duplication.
   2. (2)
      Street Name Submittal. A street name review and confirmation form shall be submitted to Cleveland or Gaston County (depending on the Street's county jurisdiction) E911 Addressing Services for review and approval prior to or not later than the Preliminary Plat submittal.
   3. (3)
      Cul-de-Sacs and Terminating Streets. Cul-de-sacs or streets terminating in a similar dead-end shall have the "Courts" suffix if oriented east-west or "Places" if oriented north-south.
2. (B)
   Street Lights.

   1. (1)
      Inside City Limits.  Inside the city limits, the City shall install street lighting at appropriate locations in the Subdivision in accordance with City Standards.
   2. (2)
      Outside City Limits.  Outside the city limits, the subdivider shall install the wiring for future street light installation at appropriate locations in the subdivision in accordance with City Standards. All wiring shall be underground. 

Effective on: 1/1/1901

1. (A)
   Generally. Blocks shall have sufficient width to allow two tiers of lots of minimum depth except where single-tier lots are required to separate residential development from through vehicular traffic or another type of use or when abutting a water area.
2. (B)
   Block Dimensions.  Blocks shall not be less than 400 feet nor more than 1,320 feet in length. Block length shall be measured between the centerline of two through streets. Alleys and cul-de-sacs shall not be considered through streets. 

Effective on: 1/1/1901

1. (A)
   Generally.  The size, shape and orientation of Lots shall be appropriate for the Location of the proposed subdivision, for the type development contemplated, and in consideration of the method of providing water and sewer facilities to the Lots.
2. (B)
   Minimum Lot Standards. Lots shall meet or exceed zoning district standards and shall be designed for their potential uses, so that adequate buildable area is provided and adequate room for required setbacks (see Section 156.10.03, Lot and Building Standards), bufferyards (see Section 156.60.02.C, Bufferyard Landscaping), and other required improvements will exist on the lot.

   1. (1)
      Drainage Accommodations. Lots shall be designed so as to provide positive drainage away from building sites and individual Lots shall be coordinated with the general storm drainage plan for the subdivision.
   2. (2)
      Lot Boundaries.  Lot boundaries shall be made to coincide with natural and pre-existing man-made drainageways to the extent practicable to avoid the creation of Lots that can be built upon only by altering such drainageways.
   3. (3)
      Non-Buildable Lots.  Lots or parcels created through the subdivision process which are not intended for building purposes shall be so designated and perpetually bound as "not-buildable" unless subsequently released through the subdivision process.
   4. (4)
      Flag Lots.  As of the effective date of this UDO, flag lots are not permitted to be created.  The shape does not indicate a flag lot, but the reduced minimum lot width for the duration of the flag pole shape.  If a lot is to be created and is shaped like a flag lot, the pole section of the lot must meet minimum lot standards including width. 
3. (C)
   Lot Frontage Requirements. 

   1. (1)
      Generally. Every lot resulting from a subdivision of land shall abut and have direct access to a publicly maintained street or other public rights-of-way legally dedicated, except as provided in this Section.
   2. (2)
      Maximum Number of Lots. For proposed subdivisions with frontage on a thoroughfare street, the maximum number of lots to be created shall be limited to five lots. Any proposed subdivision proposing more than five lots shall require the additional lots to be served by a newly constructed internal public street.
   3. (3)
      Exceptions. Frontage on a public street shall not be required in the following situations; provided, however, that an easement providing access to the public street shall be recorded and substituted with the application for development approval:

      1. (a)
         Parcels within nonresidential subdivisions;
      2. (b)
         Townhome lots where the individual lots are separated from a public right-of-way by a strip of land under common ownership by the owners of the townhome lots;
      3. (c)
         Lots fronting on approved private streets;
   4. (4)
      Adequate Frontage. Lots shall be designed with adequate frontage for the purpose of providing direct physical access to the property from public streets for vehicles and utilities and for public safety equipment.
4. (D)
   Cul-De-Sac Lots. A lot located on a cul-de-sac, as depicted in Figure 156.70.02.G-2, Cul-de-Sac Lots, that does not maintain the minimum required width along the public street frontage shall provide:

   1. (1)
      Lot width of at least 50 percent of the minimum required, but in no case less than 25 feet; and
   2. (2)
      Lot area equal to or greater than the minimum lot area (if one is specified); and
   3. (3)
      The minimum required lot width at the building line.

Figure 156.70.02.G-2  Cul-De-Sac Lots

Effective on: 1/1/1901

1. (A)
   Generally. The specific standards for acceptance of easements shall be subject to the technical design standards of this UDO and any other adopted policy or manual of the City.
2. (B)
   Compliance. All easements shall be in full compliance with this UDO prior to acceptance.
3. (C)
   Types of Easements. During development review, a development review body may require a variety of easements. These easements may be for purposes including, but not limited to:

   1. (1)
      Water;
   2. (2)
      Wastewater;
   3. (3)
      Street lights;
   4. (4)
      Other utilities;
   5. (5)
      Drainage, floodways, and floodplains;
   6. (6)
      Landscape;
   7. (7)
      Emergency access;
   8. (8)
      Vehicle access across properties;
   9. (9)
      Pedestrian access; and
   10. (10)
       Natural resource or open space conservation.
4. (D)
   Dedication and Utility Placement. The subdivider shall dedicate easements to the public that allow every lot within a subdivision to have access to services listed in Subsection C, Types of Easements, above. Alternatively, the Director of Public Works may allow such services within the public right-of-way.
5. (E)
   Encroachment. No structure, slab, foundation, or other improvement shall be placed within any dedicated public easement without written permission from the Director of Public Works and all impacted franchise utility companies.
6. (F)
   Private Easements. When private easements exist that may potentially interfere with a proposed public dedication or easement, the subdivision shall be designed to mitigate or minimize the number and extent of such conflicts.
7. (G)
   Form. All required covenants and easement instruments shall be submitted on a form acceptable to the City  Attorney. 
8. (H)
   Locations and Widths of Public Easements.

   1. (1)
      Front. Unless otherwise required in this UDO or as otherwise required by the Director of Public Works, easements that are 10 feet in width shall be provided at the front of all lots.  This is not in addition to right-of-way, but inclusive of such.
   2. (2)
      Unplatted or Separate Ownership. Where the proposed subdivision abuts an unplatted area or property under separate ownership on which no easements exist, and the subdivider cannot arrange for one-half of the easement to be dedicated by separate instrument, the easement shall be located entirely within the proposed subdivision.
9. (I)
   Side Easement. If conditions exist which make it impractical to serve lots with front easements, easements may be required along side or rear lot lines. Such easements shall be centered on side lot lines. The width of a side yard easement shall be a total width of 10 feet, centered on the lot lines, upon approval of the Director of Public Works, and all affected franchised utility companies.

10. (J)
    Emergency Access Easements. The subdivider shall provide emergency access (fire lane) easements where necessary to provide adequate protection for a structure. 

    1. (1)
       Dimensions. Emergency access easements shall have a minimum width of 28 feet and a minimum height clearance of 14 feet. Any emergency access easement shall either connect at each end to a dedicated public street or be provided with a turnaround having a minimum diameter of 80 feet with an additional distance of 10 feet on all sides clear of permanent structures. The driving surface within emergency access easements shall be designed and constructed according to Appendix D of the Fire Code, as amended.
    2. (2)
       Location. All structures shall be located within 150 feet of a dedicated and improved emergency access easement or public street.
11. (K)
    Cross-Access and Shared Access Easements. As depicted in Figure 156.70.02.H-1, Cross-Access and Shared Access, the subdivider shall provide shared access (A in the Figure below) and cross-access (B in the Figure below) easements, for multifamily, nonresidential, and mixed use developments that front on locally maintained thoroughfares or collector streets, subject to the following standards. Driveway separation and width on locally maintained collector and arterial streets shall comply with Section 156.70.02.C, Street Network and Design.

    1. (1)
       Separate Ownership. Where adjacent properties are separately owned and not part of the same development, the City may require shared access or internal cross access easements, or both, as the properties are platted. As such, a development review body may grant a  subdivider temporary individual access (C in the Figure below) if:

       1. (a)
          The subdivider demonstrates that the adjacent landowner refused a reasonable offer with regard to cross‐access; 
       2. (b)
          The subdivider demonstrates that the proposed temporary access will not materially affect the safe and efficient flow of traffic; and
       3. (c)
          The subdivider records a covenant to ensure that the connection will be provided and access will be consolidated upon the earlier of:

          1. (i)
             Approval of a plat of the adjacent property, if providing such connection is a requirement of the approval for the adjacent property; or
          2. (ii)
             The subject parcel and the adjacent parcel coming under common ownership.
    2. (2)
       Common Ownership or Phased Subdivisions. Phased subdivisions, subdivisions under the same ownership, or parcels that are consolidated for the purposes of development and comprised of more than one building shall provide cross access and shared access easements as follows.

       1. (a)
          The property proposed for development shall include cross-access easements with connections to abutting cross-access points or, if the abutting property is undeveloped or without cross-access points, stub-outs at locations on the property that allows for a connection in the future. In addition, if the abutting property is undeveloped or is without a driveway suitable for sharing, the property proposed for development shall include a shared access easement on its perimeter, in a location suitable for sharing access to the street with the abutting property in the future. 
       2. (b)
          The subdivider shall record a covenant to allow for future connection of shared access and cross-access stub-out easements to comparable facilities on abutting parcels when they develop or are redeveloped.
       3. (c)
          Cross-access easements shall be a minimum of 24 feet in width.

Figure156.70.02.H-1 Cross-Access and Shared Access

14. (N)
    Pedestrian Access Easements. Except for subdivisions where all lots are greater than five acres, the subdivider shall provide the following pedestrian access easements. A pedestrian access easement shall be a minimum of 10 feet in width and shall include an all-weather surface with a minimum width of five feet. 

    1. (1)
       Mid-block Pedestrian Connections. The subdivider shall provide a pedestrian access easement (A in Figure 156.70.02.H-2, Pedestrian Connections, below) to bisect blocks greater than 800 feet in length, where such blocks abut a thoroughfare or collector street. In addition, the subdivider shall provide such connections to establish linkages to common facilities, such as parks, open areas, and institutional and civic uses (B in the Figure below).
    2. (2)
       Cul-de-Sac Turnaround Pedestrian Connections. The subdivider shall provide a pedestrian access easement that connects the cul-de-sac turnaround to existing or proposed sidewalks, trails, and common facilities, as depicted in (C in the Figure below). 

Figure156.70.02.H-1 Pedestrian Connections

14.  
    1. 3
       Trails. Off-street bicycling and pedestrian trails shall be developed in accordance with the City's Comprehensive Plan, to link major attractions and destinations throughout the City, including neighborhoods, common facilities, employment centers, and shopping areas.  In addition, a subdivider may provide such trails in the cluster development type in lieu of sidewalks where all lot widths exceed 200 linear feet in width. Maintenance responsibilities shall be established at the time of a preliminary plat.
15. (O)
    Conservation Easements.

    1. (1)
       Permanent Preservation. Conservation easements are required in order to permanently preserve common open space required by this UDO, and to protect natural resources that are required to be protected.
    2. (2)
       No Destructive Encroachment. Other easements that may result in the disturbance of land shall not be permitted to encroach into a conservation easement, except that pedestrian access easements and non-destructive utility and drainage easements are permitted within areas protected by conservation easements.
    3. (3)
       Responsible Party. Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or a homeowners or property owners association.

Effective on: 1/1/1901

1. (A)
   Generally. A bufferyard as required in Section 156.60.02.C, Bufferyard Landscaping, shall be required in a landscape easement or as an undevelopable tract along the perimeter of a residential, mixed use, or nonresidential subdivision or development to separate the subdivision or development from abutting thoroughfares and other subdivisions or developments.
2. (B)
   Label on Plat Required. All required buffer yards shall be platted in easements or as common areas and may be included as “open space” subject to the standards and criteria as set forth in Section 156.70.02.N, Open Space and Park Design and Dedication. 

Effective on: 1/1/1901

1. (A)
   Generally.  The subdivider shall install a six-foot sidewalk within the Street right-of-way, constructed in accordance with City standards, in the following situations:

   1. (1)
      Adjoining a Street.  Subdivisions that adjoin an existing or proposed major or minor street shall construct a sidewalk along the frontage of such street where the street adjoins the Subdivision.
   2. (2)
      Extension of Existing Sidewalks. When a subdivision adjoins, or will adjoin an extension, of a street that has a sidewalk on one or both sides of the right-of-way within 500 feet of the boundary of the land to be subdivided, the subdivider shall construct a sidewalk along the frontage of such Street where the Street adjoins the Subdivision in such a way that the existing sidewalk pattern will be extended.
   3. (3)
      Creation of New Streets. Subdivisions that create new public or private streets, the subdivider shall construct a system of sidewalks in an amount equal to one linear foot of sidewalk for each one feet of length of public Street within the Subdivision. These will be required on both sides of the street and around a cul-de-sac unless otherwise noted.
   4. (4)
      Destinations. Sidewalks shall be constructed within the interior of the development to link residential buildings with other destinations such as, but not limited to parking, adjoining streets, mailboxes, trash disposal, adjoining sidewalks or greenways and on-site amenities such as recreation areas. These interior sidewalks shall be constructed in accordance with the standards for sidewalks in Subsection C, Construction Standards, below.
   5. (5)
      Exemption.

      1. (a)
         Infill development in existing residential developments without sidewalks are not required to install a sidewalk on their property and shall not be required to participate in a fee in lieu of program. 
2. (B)
    Construction Standards.  All sidewalks shall:

   1. (1)
      Be extended across any waterways, streams, creeks, rivers, or other water bodies, at the expense of the developer, to continue pedestrian connectivity along the frontage of the development. Connectivity may be provided across existing bridges or structures with the permission of the North Carolina Department of Transportation, or via a separate pedestrian bridge to be provided by the developer.
   2. (2)
      Be constructed along all frontage roads providing access to the development for the full frontage of the development; and
   3. (3)
      Have minimum widths (no less than six feet) and placements as required in Section 156.70.02.D, Street Cross Sections.
3. (C)
   Nonresidential or Multi-Family Residential Development. If a nonresidential or multi-family residential development occurs along a corridor that has been identified by the City of Kings Mountain as having a future path, the developer shall be responsible for developing the bike path as part of the development process. The bike path shall, at a minimum,  meet  the  standards  set  forth  in Section 156.70.02.N, Open Space and Park Design. All proposed trails shall be a minimum width of 10 feet and shall be paved. In addition, a 25-foot  easement  shall  be  provided to the City for any trail systems that are part of the proposed City greenway systems.
4. (D)
   Alternative Sidewalk or Trail Plan. A subdivider may achieve alternative compliance with the standards of this Section upon approval by the Planning and Zoning Board of an alternative sidewalk or trail plan that provides equal or greater pedestrian circulation.  The subdivider shall submit such plan at the time of preliminary plat review. The Planning and Zoning Board may recommend and City Council may approve such plan if better pedestrian and bicycle access and connectivity is provided through the use of off-street trails or multi-use pathways that connect to sidewalks or off-street trails or multi-use pathways on the perimeter of the parcel proposed for development.
5. (E)
   Fee-in-lieu Sidewalk Construction Option.  In lieu of building a required sidewalk/trail, the following regulations shall govern.  Where there are missing sections of sidewalk on any thoroughfares, applicants will be required to build sidewalks and will not be eligible to participate in this program unless otherwise approved by City Council. 

   1. (1)
      Fee Basis.  The developer may propose to pay a fee in lieu of sidewalk/trail construction, based on the then current estimated per-linear foot cost of construction, if a particular street frontage qualifies under one or more of the following: 

      1. (a)
         Extenuating circumstances, documented by the developer and mutually acceptable to the City which makes sidewalk construction along a particular frontage impractical or unreasonable at the time of the development's construction;
      2. (b)
         A CIP schedule that calls for the installation of sidewalk improvements by the City along a particular frontage;
      3. (c)
         The City Council has made a decision that sidewalks are only to be provided along the opposite side of the street;
      4. (d)
         The City Council has decided to develop a trail on one side of the street and such trail has not yet been planned and engineered.
   2. (2)
      Sidewalk/Trail Trust Fund. 

      1. (a)
         Establishment.  There is hereby established a sidewalk/trail trust fund to be used for the deposit, maintenance, and distribution of all monetary contributions made in lieu of constructing a sidewalk/trail.  Such fees shall be held by the City in a restricted Sidewalk/Trail Trust Fund.  
      2. (b)
          Administration.  

         1. (i)
            The sidewalk/trail trust fund shall be administered by the City's Public Works Department and shall be appropriated with the City's Roads and Street  Capital Improvement  Fund (or operating budget if no capital improvement fund is in place) and shall be approved by the City Council annually, or as contributions are made to the trust fund. 
         2. (ii)
            All contributions made to and interest derived from the City's sidewalk/trail trust fund shall be used solely for the purpose of constructing, upgrading, or improving sidewalks/trails along or on public streets within the City limits. 
         3. (iii)
            If a sidewalk/trail is required by the UDO but the construction is determined not to be practical, the owner or permit applicant shall make an appropriate contribution to the trust fund.  City Council will annually review the fund and determine if and when to construct sidewalks/trails.
         4. (iv)
            The Zoning Administrator shall make a decision as to whether the construction of the sidewalk is not practical.  The following factors shall be utilized in making such a decision:

            1. (A)
               There is no connectivity for the required sidewalk/trail;
            2. (B)
               The required sidewalk/trail will be constructed when such connectivity becomes available;
            3. (C)
               Fees to cover 100% of the average of sidewalk construction per linear foot of street frontage has been established by City Council Resolution and deposited to the sidewalk/trail trust fund;
            4. (D)
               Full payment to the City's sidewalk/trail trust fund has occurred prior to issuing final occupancy;
         5. (v)
            Appeals of the decision of the Zoning Administrator would be heard by the Board of Adjustment.  

(Ord. 22-13, 04/26/2022; Ord. 24-34, 07/30/2024)

Effective on: 7/30/2024

1. (A)
   Generally. All required water line extensions shall include appropriate valves, hydrants, taps, and service to the property line of each lot as required by City Standards. 
2. (B)
   Extension of Public Water Utilities. 

   1. (1)
      Subdivision in City Limits.  Proposed subdivisions developed within the City Limits shall be required to:

      1. (a)
         Extend the public water system throughout the subdivision to provide service to each lot located within that subdivision; 
      2. (b)
         Include appropriate valves, hydrants, taps, and service to the property line of each lot as required by City standards; and
      3. (c)
         Obtain approval for construction by the appropriate agency of the State of North Carolina.
      4. (d)
         Proposed subdivision water system extensions shall be designed by a licensed professional engineer.
   2. (2)
      Subdivision Partially Within the City Limits.  Public water utilities shall be extended to all subdivisions located partially within the city limits and partially located outside the city limits when one of the following conditions are present:

      1. (a)
         An existing water line of adequate size and water flow and pressure crosses the subdivision property;
      2. (b)
         An existing water line of adequate size and water flow and pressure is immediately available from an adjacent public right-of-way; or
      3. (c)
         The City has plans or will extend such a water line to the property line of the subdivision at no cost to the subdivider.  
   3. (3)
      Subdivisions Located Entirely Outside the City Limits.  Subdivisions located entirely outside the city limits, but within the jurisdiction of this UDO shall extend public water utilities when the following conditions are present:

      1. (a)
         An existing water line of adequate size and water flow pressure is located within 150 feet of the outside boundary line of the subdivision;
      2. (b)
         The City extension plans or will extend a water line of adequate size and water flow pressure to within 150 feet of the property line of the subdivision at no cost to the subdivider; and 
      3. (c)
         There are no legal or topographic problems that prevent the subdivider from connecting onto and extending the existing system to the subdivision.
   4. (4)
      Phased Development.  Subdivisions developed in phases or part of a larger tract of land owned or under common ownership shall be required to extend public water utilities when an existing or proposed public water system line extends or will be extended to within 150 feet of the entire unsubdivided parcel.
   5. (5)
      Oversized Utilities.  In order to serve future development, the City may require the Subdivider to install oversized water utility improvements or extended the length of the utility that beyond the size, pressure, and flow required to serve the subdivision.  In such cases, the City shall enter into an agreement to reimburse the subdivider for the over sizing and/or extension based upon rates as agreed to by the city.
   6. (6)
      Responsibility.  Unless otherwise approved by City Council, the cost of extension shall be the responsibility of the developer. 
3. (C)
   Fire Hydrants. New subdivisions shall install fire hydrants that meet the specifications and requirements of the City of Kings Mountain's Design Manual. 

   1. (1)
      Dedication.  Any hydrant connected to the City of Kings Mountain's water system constructed pursuant to Subsection 156.70.02.K.C, shall be dedicated to the City of Kings Mountain.
   2. (2)
      Spacing.  All newly installed fire hydrants shall be spaced in the following intervals:

      1. (a)
         Subdivisions in all zoning districts shall be spaced at 400-feet; and
      2. (b)
         One fire hydrant shall be installed within 400 feet of the most remote area of the building.
      3. (c)
         Structures with internal sprinkler systems shall provide fire hydrants within 200 feet of the Fire Department Connection.  Water utility mains shall be sized to provide 500 gpm exterior hose streams. 

Effective on: 1/1/1901

1. (A)
   Generally. All required wastewater line extensions shall include appropriate valves, hydrants, taps, and service to the property line of each lot as required by city standards. 
2. (B)
   Extension of Public Sewer Utilities. 

   1. (1)
      Subdivision in City Limits.  Proposed subdivisions developed within the City Limits shall be required to:

      1. (a)
         Extend the public wastewater system throughout the subdivision to provide service to each lot located within that subdivision; 
      2. (b)
         Include appropriate manholes, lift stations, pumps, cleanouts, taps, valves, and service to the property line of each lot as required by City standards; and
      3. (c)
         Obtain approval for construction by the appropriate agency of the State of North Carolina.
      4. (d)
         Proposed subdivision wastewater system extensions shall be designed by a licensed professional engineer.
   2. (2)
      Subdivision Partially Withing the City's Limits.  Public wastewater utilities shall be extended to all subdivisions located partially within the city limits and partially located outside the city limits when one of the following conditions are present:

      1. (a)
         An existing wastewater line of adequate size and wastewater flow and pressure crosses the subdivision property;
      2. (b)
         An existing wastewater line of adequate size and wastewater flow and pressure is immediately available from an adjacent public right-of-way; or
      3. (c)
         The City has plans or will extend such a wastewater line to the property line of the subdivision at no cost to the subdivider.  
   3. (3)
      Subdivisions Located Entirely Outside the City Limits.  Subdivisions located entirely outside the city limits, but within the jurisdiction of this UDO shall extend public wastewater utilities when the following conditions are present:

      1. (a)
         An existing wastewater line of adequate size and wastewater flow pressure is located within 150 feet of the outside boundary line of the subdivision;
      2. (b)
         The City extension plans or will extend a wastewater line of adequate size and wastewater flow pressure to within 150 feet of the property line of the subdivision at no cost to the subdivider; and 
      3. (c)
         There are no legal or topographic problems that prevent the subdivider from connecting onto and extending the existing system to the subdivision.
   4. (4)
      Phased Development.  Subdivisions developed in phases or part of a larger tract of land owned or under common ownership shall be required to extend public wastewater utilities when an existing or proposed public wastewater system line extends or will be extended to within 150 feet of the entire unsubdivided parcel.
   5. (5)
      Exception.  The City may elect to not extend wastewater utilities of sufficient size, flow, and pressure to the subdivision or within 150 feet of the subdivision perimeter because of topographic features, legal obstacles, or financial reasons, the subdivider shall not be required to extend wastewater lines to each lot nor provide wastewater service to the subdivision.
   6. (6)
      Oversized Utilities.  In order to serve future development, the City may require the Subdivider to install oversized wastewater utility improvements or extended the length of the utility that beyond the size, pressure, and flow required to serve the subdivision.  In such cases the City shall enter into an agreement to reimburse the subdivider for the over sizing and/or extension based upon rates as agreed to by the city.

Effective on: 1/1/1901

1. (A)
   Generally. A comprehensive storm drainage system shall be planned and implemented for each subdivision in accordance with the general standards and requirements of this section.
2. (B)
   Storm Drainage Plan Consideration.  Storm drainage plans shall be considered on an individual basis depending upon the situation within a given subdivision. The requirements of the Flood Damage Prevention Ordinance shall apply to storm drainage design where applicable. The City Engineer shall review Storm Drainage Plans for adequacy for engineering design practice and City standards.  
3. (C)
   Obstruction of Drainage Channels Prohibited. No fences or structures shall be constructed across an open drainage channel that will reduce or restrict the flow of water.
4. (D)
   Lot Grading Standards. The following standards shall be followed in establishing the grading plan for a development:

   1. (1)
      Positive Drainage Required. Developments shall be designed and constructed with a positive drainage flow away from buildings towards approved stormwater management facilities. Plans for drainage facilities shall be approved by the Engineer. All interim and permanent drainage facilities shall be designed and constructed in accordance with the standards established in the section.
   2. (2)
      Accounts for All Development. In the design of site grading plans, all impervious surfaces in the proposed development (including off-street parking shall be considered.
   3. (3)
      Protection from Sedimentation. Site grading and drainage facilities shall protect sinkholes, wetlands, ponds and lakes from increased sediment loading.
   4. (4)
      Increased Runoff Prohibited. Site grading shall not increase the volume or velocity of runoff onto downstream properties unless specifically approved as part of a project’s drainage plan.
5. (E)
   Landscaping.

   1. (1)
      Disturbed Areas. All disturbed areas within the dedicated right-of-way and easements of any subdivision street shall be restored with vegetation.
   2. (2)
      Street Trees. Street trees shall be planted or, where permitted trees already exist, consistent with Section 156.60.02, Trees, Landscaping, and Buffering, maintained and protected between the paved areas and sidewalks. Where no sidewalks are required, street trees shall be planted or existing trees shall be maintained or protected between the paved areas and the edge of the right-of-way.
6. (F)
   Designation as Open Space. Stormwater facilities to be located in designated open space areas shall be regulated in accordance with Section 156.70.02.N, Open Space and Park Design and Dedication. 
7. (G)
   Best Management Practices (BMP) Buffers. There must be 50 feet of separation from normal pool to the property line and 20 feet of separation from the 100-year level to the property line.
8. (H)

   Additional Guidance.  For additional guidance, refer to the City of Kings Mountain Soil Erosion and Sedimentation Control Ordinance:

   https://www.cityofkm.com/DocumentCenter/View/211/Soil-Erosion-and-Sedimentation-Control-Ordinance-PDF

   Or the Stormwater Ordinance

   https://www.cityofkm.com/DocumentCenter/View/212/Storm-Water-Ordinance-PDF

Effective on: 1/1/1901

1. (A)
   Generally. The provisions of this section shall apply to an application for a major subdivision.
2. (B)
   Preservation and Maintenance of Open Space.

   1. (1)
      Required Open Space for Subdivisions. Required open space shall be reserved for any major subdivision of land within the zoning districts and according to the percentages set forth in this UDO. 
   2. (2)
      Exemption.  Subdivisions with less than 50 dwelling units, located within 1/4th of a mile of walking distance from an existing or planned public park (or a public school with recreation facilities accessible to the general public) shall be exempt from the open space dedication requirements of this UDO.  Subdivisions with 50 or more dwelling units, regardless of proximity to an existing or planned public park, shall not be exempt.
   3. (3)
      Maintenance. Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as determined by the City Council by any of the following mechanisms:

      1. (a)
         Dedication of open space to the City, an appropriate public agency, or a non-profit entity (such as a land conservancy) if such an agency or entity is willing to accept the dedication and is financially capable of maintaining such open space; or
      2. (b)
         Common ownership of the open space by a home owner's or property owner’s association which assumes full responsibility for its maintenance. The restrictive covenants shall provide that, in the event the homeowner’s association fails to maintain the open space according to the standards of this UDO, the City may following reasonable notice:

         1. (i)
            Demand that deficiency of maintenance be corrected; or
         2. (ii)
            Enter the open space for maintenance with the cost of such maintenance charged to the homeowners association.
3. (C)
   Open Space Characteristics.

   1. (1)
      Generally. Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed except as provided below.  It shall be noted on the final plat accordingly that it is not to be sold. 
   2. (2)
      Open Space Provisions and Maintenance Plan Required. Any areas preserved as open space shall be indicated on a preliminary and/or final subdivision plat. An Open Space Provision and Maintenance Plan shall be submitted as a part of the application for development approval including the project phasing schedule. This plan shall designate and indicate the boundaries of all open-space areas required by this UDO. The plan shall:

      1. (a)
         Designate areas to be preserved as open space. The specific design of open- space areas shall be sensitive to the physical and design characteristics of the site.
      2. (b)
         Designate the type of open space which will be provided (passive or active).
      3. (c)
         Specify the manner in which the open space shall be perpetuated, maintained, and administered.
4. (D)
   Open Space Types and Dimensions. 

   1. (1)
      Types. The types of open space together with the maintenance required for each type, are as follows:

      1. (a)
         Active Open Space. Active open space areas shall be accessible to all residents of the development and shall be maintained by the developer, and or the property or homeowner’s association.
      2. (b)
         Passive Open Space. Passive open space maintenance is limited to removal of litter, dead tree and plant materials (that is obstructing pedestrian movement), and brush; weeding and mowing. Natural watercourses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.
   2. (2)
      Spacing and Dimensional Limitations. In order to ensure that all designated open space has suitable size, location, dimension, topography and general character, and proper road and/or pedestrian access, as may be appropriate, to be usable open space, the following standards shall apply:.

      1. (a)
         No residential lot shall be greater than one-fourth of a mile from required open space, measured along a sidewalk or trail from the nearest property line of the lot to the nearest  property line of the open space. 
      2. (b)
         Required open space shall have a minimum width of 25 feet.
      3. (c)
         The percentage of required open space comprised of inaccessible land shall be a maximum of 25%.
      4. (d)
         A maximum of 10% of the overall required active open space shall be located in the flood plain.
5. (E)
   Use of Stormwater Detention Basins. Stormwater retention areas or detention basins which may be required as part of  Section 156.70.02.N, Storm Drainage,  shall not qualify as an open space area. These areas shall be considered inaccessible open space. 
6. (F)
   Required Materials.  Subdividers shall provide finish grading and turf establishment for all disturbed areas and provide landscaping and/or screening in accordance with 156.60.02, Trees, Landscaping, and Buffering.
7. (G)
   Minimum Open Space Per Lot Calculation. Of the required open space set forth in 156.10, Zoning Districts and Standards, a minimum of .025 acres per dwelling unit shall be provided as active open space for all subdivisions. For example, a subdivision containing 100 dwelling units shall be required to provide 2.5 acres of active open space for the development (.025 x 100 lots = 2.5 acres). Active open space shall be considered a part of the overall open space required for the development.
8. (H)
   Access to Open Space.

   1. (1)
      Required Pedestrian Access. All areas to be preserved for open space be accessible to pedestrians by one of the following:

      1. (a)
         Frontage (width as required in this Section) on a public street right-of-way; or
      2. (b)
         Recorded pedestrian easement (min. 15’ wide); or
      3. (c)
         Additional Pedestrian Access Points. Upon review of the design by the Administrator, additional pedestrian access points may be required.

Effective on: 1/1/1901

1. (A)
   Generally. The subdivider's registered professional land surveyor shall provide reference monuments and markers in the subdivision, based on National Geodetic Vertical Datum (NGVD).
2. (B)
   Permanent Markers. The surveyor shall install permanent markers at all corners of block lines, control points,  and at the point of intersection of curves and tangents.  Such markers shall be iron rods or pipes of magnetic quality a minimum of three-fourths of an inch in diameter and 36 inches in length. The surveyor shall place the rod flush with the finished grade, at the required locations.
3. (C)
   Concrete Monuments. The surveyor shall install one benchmark for each 10 acres of property, in a manner suitable to the Director of Public Works, with its location and elevation as shown on the approved and recorded final plat. Permanent benchmarks shall be concrete posts five feet in length and six inches in diameter with the top to be at least 12 inches below the finished grade.
4. (D)
   Lot Markers. The surveyor shall install a permanent marker at each corner of all lots. Such marker shall be an iron rod a minimum of one-half inch in diameter and 24 inches in length. The surveyor shall place each rod flush with the average ground elevation, or the rod may be countersunk, if necessary, to avoid being disturbed.
5. (E)
   Control Points.  Control points are any property corner of any tract, parcel or lot which is not square or rectangular.

Effective on: 1/1/1901

1. (A)
   Purpose. The purpose of this Section is to ensure adequate: 

   1. (1)
      Level of Service. Ensure that Public Facilities needed to support new development meet or exceed the Level of Service standards established in this Section;
   2. (2)
      Concurrency. To ensure that adequate Public Facilities needed to support new development are available concurrent with the impacts of such development.
   3. (3)
      Comprehensive Plan Policies. To facilitate implementation of goals and policies set forth in the Comprehensive Plan and any applicable bicycle, pedestrian, or area plan relating to the adequacy of Public Facilities and Level of Service standards; and
   4. (4)
      Legal Standards. To ensure that all applicable legal standards and criteria are properly incorporated in these requirements.
2. (B)
   Applicability.  These standards apply to:

   1. (1)
      Application for a Preliminary Plan;
   2. (2)
      Application for a multi-family or attached single-family residential project; and
   3. (3)
      Application for conditional rezoning, the application of this Section, however, does not limit public facilities review for rezonings to those applied in Section 156.70.03, Adequate Public Facilities Standards.
3. (C)
   Sufficient Information. No application for development review subject to this Section shall be accepted, approved, granted or issued unless it is accompanied by an application which provides sufficient information to determine whether the capacity of Public Facilities is adequate to support the proposed development.

Effective on: 1/1/1901

1. (A)
   Generally.  Public Facilities shall be deemed to be adequate if it is demonstrated that they have Available Capacity to accommodate the demand generated by the proposed development in accordance with the following calculation methodology, unless otherwise indicated herein.
2. (B)
   Water. Water requirements shall not apply to agricultural uses.  Adequate water availability shall be determined by the City of Kings Mountain.  
3. (C)
   Wastewater. The wastewater standard applies to wastewater treatment plants (WWTPs), interceptor sewers, and pumping stations. The standard for source facilities applies only to treatment capacity legally reserved for usage by the City of Kings Mountain.  
4. (D)
   Roads. For new developments, a traffic study will be required according to the following thresholds:

   1. (1)
      TRAFFIC TRANSPORTATION IMPACT ANALYSIS (TIA). Traffic Transportation impacts, and how to mitigate them, are an important consideration for our community when a significant development is proposed. Public policy makers, citizens and developers all have a stake in understanding and responding to additional demands on the transportation system. A Traffic Transportation Impact Analysis (TIA) is a tool used to evaluate the incremental impacts on the surrounding transportation infrastructure and how to mitigate them to maintain safe traffic and transportation operations.

      1. (a)
         TIA Determination. The Planning Director or their designee shall determine the need for a TIA upon receipt of a development application accompanied by a sketch or site plan. If warranted, the transportation consultant assigned by the city shall prepare the TIA. At the discretion of the North Carolina Department of Transportation (NCDOT) or the City, a Transportation Technical Memorandum (TTM) may be allowed for some developments in lieu of a full TIA report. For this document, a TTM is an abbreviated TIA consisting of various components of a full TIA as requested on a case-by-case basis. If proposed street connections are inconsistent with adopted plans, then an explanation or proposed transportation mitigation alternative that is equal or better shall be discussed in the study. NCDOT and the City will be responsible for determining whether the alternative mitigation plan meets or exceeds the performance standards of the proposed street connections in the adopted plans.
      2. (b)
         Minimum Thresholds for TIAs. A TIA will be required to accompany the development plan when expected gross trip generation is 1000 total trips or more both entering and exiting the site in a 24-hour period, and/or 100 total trips both entering and exiting the site during either the am or pm peak (prior to any trip reductions applied). Because of the limited arterial roadway network, developments proposed in the corridors of US 74 Business, NC 161, NC 216, Kings Mountain Blvd, and Phifer Road (from Crocker Road to US 74 Business) are required to complete a TIA when expected gross trip generation of 500 total trips or more both entering and exiting the site in a 24-hour period, and/or 50 total trips both entering and exiting the site during either the AM or PM peak.
      3. (c)
         The gross trip generation will be calculated by the City based on information (proposed project summary and development plan) provided by the applicant and the final determination for requiring the TIA will be by the Planning Director. The Planning Director or his/her designee may also determine the need for a TIA or Transportation Technical Memorandum (TTM) based on special circumstances associated with the development, even if the gross trips falls below this threshold. This may be due to location, an intersection or thoroughfare nearby that is at or above capacity, the nature of the use, or one of the following:

         1. (i)
            Traffic generated from a non-residential development that could potentially significantly impact adjacent residential neighborhoods.
         2. (ii)
            Traffic operation problems for current and/or future years on nearby streets are expected to be significantly aggravated by traffic generated from the proposed new development.
         3. (iii)
            Major and minor thoroughfares near the site are experiencing noticeable delays.
         4. (iv)
            Traffic safety issues exist at the intersection or street that would serve the proposed new development.
         5. (v)
            The proposed land use differs significantly from the adopted Comprehensive Land Use Plan for the City.
         6. (vi)
            The internal street or access system is not anticipated to accommodate the expected traffic generation.
         7. (vii)
            The proposed development project includes a drive through facility, or other uses such as schools that require significant on-site circulation that may have an off-site impact to adjoining roads and/or intersection.
         8. (viii)
            The amount and/or character of traffic is significantly different from a previously approved TIA, or more than 24 calendar months have passed since completion of previous TIA.
      4. (d)
         Scoping Meeting. A mandatory scoping meeting is required prior to beginning the TIA or TTM to discuss the requirements and strategies for a TIA/TTM specific to the site and the proposed development. Background information shall be submitted by the applicant five or more business days prior to the scoping meeting and shall include a conceptual site plan showing proposed access points, proposed land use and densities, structure and parking envelopes. The City, the transportation consultant assigned by the City, and the applicant(s) are required to attend the mandatory scoping meeting and the NCDOT district staff will be invited and encouraged to attend if access to a state road is involved. The applicant may invite members of his/her development team as needed.
      5. (e)
         Memorandum of Understanding (MOU). A MOU, documenting the understood scope of the project, shall be prepared by the transportation consultant assigned by the City. The MOU shall be signed by the applicant and the City, and agreed upon by the NCDOT District Engineer if access to a state road is involved, before the consultant can begin work on the TIA. Failure by the applicant to provide accurate information or failure by the assigned transportation consultant to follow the MOU shall result in disapproval of the TIA. If significant changes are made to the scoping parameters documented in the MOU, a revised MOU will be required.
      6. (f)
         Fees. After the scoping meeting, the transportation consultant assigned by the City shall submit a summary of consultant fees for preparing the TIA (or TTM) to the City. Per the MOU, the applicant(s) shall agree to provide payment in full to the City for preparation of the TIA so that the City can release the work to the consultant. The City may require all or a portion of the estimated fees to be paid to the City prior to commencement of the work. Any additional services incurred by the transportation consultant in addition to the MOU must be approved by the City and agreed to and paid for by the applicant prior to performance of the additional work.
      7. (g)
         Transportation Mitigation Agreement (TMA). Upon completion of the TIA or TTM, certain on or off-site transportation mitigation measures may be required as recommended by the TIA. If so, the transportation consultant assigned by the City shall prepare a Transportation Mitigation Agreement (TMA) which will summarize the following:

         1. (i)
            Development plan
         2. (ii)
            Phasing and timing of development (if applicable)
         3. (iii)
            Site access and points of ingress/egress
         4. (iv)
            On and off-site improvements required to adequately mitigate the project impacts to the City’s transportation system, including vehicular, pedestrian, and bicycle improvements. (Sight Distance, turn lane warrants, and etc. must be calculated based upon the 85th percentile speed of the existing roadway or street).
         5. (v)
            Trigger points and deadlines for construction of any improvements. The TMA must be signed by the applicant, City and the NCDOT District or Division Engineer if the mitigation involves a state roadway. All off-site ROW areas shall be acquired and dedicated prior to approval of construction documents, and required mitigation measures must be implemented prior to final Certificate of Occupancy (CO) as identified in the TIA phasing plan, or the applicant(s) shall provide a cost estimate to the City for review and provide a payment-in-lieu for said measures prior to CO.
      8. (h)
         TIA Outline and Contents. The outline and contents of what is required to be included in the TIA will be discussed at the scoping meeting and included in the MOU. A detailed summary of the expected content and methodologies to be used in the TIA is discussed below.

         1. (i)
            Cover/Signature page. Includes the project name, location, name of the applicant, contact information for the applicant, and date of the study. The name, contact information, registration number, signature, and seal of a duly qualified and registered professional engineer in the State of North Carolina are also required to appear on this page.
         2. (ii)
            Table of Contents. Includes a list of all section headings, figures, tables, and appendices included in the TIA report. Page numbers shall denote the location of all information, excluding appendices, in the TIA report.
         3. (iii)
            Executive Summary. Includes a description of the study findings, a general description of the project scope, study horizon years, probable transportation impacts of the project, and mitigation measure recommendations. Technical publications, calculations, documentation, data reporting, and detailed design shall not be included in this section.
         4. (iv)
            Project Description. Includes a detailed description of the development, including the size of the parcel, development size, existing and proposed uses for the site, anticipated completion dates (including phasing). It shall also include the square footage of each use and/or the number and size of dwelling units proposed, and a map and copy of the site plan provided by the applicant(s).
         5. (v)
            Site Description. Includes a description of the project location within the City and region, existing zoning and use (and proposed use if applicable), and key physical characteristics of the site, including general terrain and environmentally sensitive or protected areas.
         6. (vi)
            Site Access. A complete description of the ingress/egress of the site shall be explained and depicted. It shall include number of driveways, their locations, distances between driveways and intersections, access control (full-movement, leftover, right-in/right-out, etc.) types of driveways (two-way, one-way, etc.), traffic controls, etc. Internal streets (lanes, flow, and queuing), parking lots, sidewalks, bicycle lanes, and designated loading/unloading areas shall also be described. Similar information for adjacent properties, including topographic grade relationship, shall be provided to evaluate opportunities for internal connections. The design, number, and location of access points to collector and arterial roadways immediately adjacent to the site must be fully analyzed. The number of access points shall be kept to a minimum and designed to be consistent with the type of roadway facility. Driveways serving the site from state roads shall be designed in accordance with the NCDOT’s Policy on Street and Driveway Access and/or the City standards, as applicable.
         7. (vii)
            Study Area. The limits of the study area shall be based on the location, size and extent of the proposed project, and an understanding of existing and future land uses and traffic conditions surrounding the site. The limits of the study area for the TIA or TTM shall be reviewed and approved by the City and NCDOT staff at the mandatory scoping meeting. At a minimum, the study area shall include all streets and signalized intersections within a 1-mile radius of the proposed site unless otherwise noted by the Planning Director and/or where site traffic estimated for build-out of the project will constitute 10% or more of any signalized intersection approach during the peak hour. Unsignalized intersections between the required signalized intersections will be added to the scope as directed by the City. To initially determine the impacts, the City will maintain a database of recent peak-hour intersection turning movement counts. The applicable intersection counts will be equated to current year baseline volumes. Based on the proposed development program submitted by the applicant, a preliminary trip generation analysis, distribution and assignment will be performed within the area surrounding the site and compared to the current year base volumes. Related impacts or current operational problems, may dictate that other intersections be included in the study area as determined by City staff and/or NCDOT staff. A site location map shall be provided and shall identify natural features, major and minor roadways within the study area, study intersections, and a boundary of the site under consideration.
         8. (viii)
            Existing Conditions. Shall include a narrative and map that represents AM and PM peak-hour turning-movement volumes for all intersections within the study area. Traffic volumes shall be 15-minute interval weekday turning-movement counts (Tuesday through Thursday), include heavy-vehicle, pedestrian and bicycle counts, and be no more than twelve calendar months old. The required count timeframes are from 6:30-8:30 a.m. and 4:30-7:00 p.m. and shall be collected during periods of the year when local schools are in regular session; however, site-specific conditions may necessitate additional or different traffic counting hours and/or days depending on the development program and location within the City. These unique circumstances will be determined and directed by the City. For example, 12-hour turning movement counts shall be required to complete the analysis if a traffic signal warrant analysis is required as part of the TIA. The City will determine if additional peak hours or weekend analyses shall be included in the TIA at the mandatory scoping meeting. For example, if the development is nearby a school that significantly alters traffic volumes at times other than the peak hours described above, additional study hours will be required. Traffic volumes shall also represent weeks that have no observed federal, state, or local holidays and periods of the year when local schools are in session. The source of existing traffic volume information shall be explicitly stated (e.g., City counts, new counts collected by the applicant, NCDOT counts, etc.). If previous counts were obtained, only counts collected within the one year of the Scoping Meeting will be deemed acceptable. Summary sheets for existing turning movement counts shall be included in the appendix of the TIA report. A separate narrative and map shall be prepared to describe the characteristics of surrounding major roadways, including functional classification, number of lanes, posted speed limit, existing average daily traffic volumes, typical cross section, intersection control, and lineal distance between major roadways. Field notes for the existing conditions investigation may be included in the appendix of the TIA report.
         9. (ix)
            Future Year Conditions. Unless otherwise approved by the City, future year conditions for a single-phase development shall be analyzed for the year the development is expected to be at full occupancy (build-out year) and five years after the build-out year (build-out + 5). For multiple-phased development, the scenarios shall be completed in order, with any improvements specified by development included in the subsequent build scenarios, including five years after the full build-out year (build-out +5). Specific analysis periods to include in the study shall depend greatly upon the development program, proposed project phasing plan, and significant improvements programmed for the surrounding transportation system. The approved offsite developments and transportation projects to be included in the base future-year background conditions for the transportation system within the study area shall be determined during the scoping meeting. Transportation improvements assumed in the future-year background conditions analysis may include those with an expected completion date concurrent with that of the development and funded through either by the City of Kings Mountain, State of North Carolina Transportation Improvement Program, or indicated as a required condition of approval from another nearby development application. Only projects approved by the City at the scoping meeting may be included in the analysis as future existing infrastructure. Those improvements committed by other projects must be clearly identified in the report as approved offsite development road improvements. Adjacent development traffic information used in the development of the future-year background traffic volumes shall be included in the appendix of the TIA report. Unfunded, planned infrastructure projects may be mentioned in the TIA, but the description shall specifically identify that these projects are not included in the background condition. Future year background traffic volumes shall be forecasted using historical growth rate information, regional models, and/or TIA reports for development approved by the City but not yet built. A narrative and map shall be prepared that presents turning movement volumes for each peak hour for all intersections identified within the study area. Future year base traffic volumes, other development volumes, and site traffic volumes shall be clearly separated and combined in the map.
         10. (x)
             Trip Generation. Base trip generation for the proposed land use(s) shall be calculated using data published in the latest version of the Institute of Transportation Engineers’ (ITE) Trip Generation Manual. Data limitations, data age, choice of peak hour of adjacent street traffic, choice of independent variable, and choice of average rate versus equation shall be discussed at the mandatory scoping meeting. Local trip generation rates may be acceptable if appropriate validation is provided by the applicant to support them. Any deviation from ITE trip generation rates shall be discussed in the mandatory scoping meeting and documented in the MOU if approved by the City and NCDOT. The NCDOT Municipal School Transportation Assistance (MSTA) calculator shall be used to calculate projected trip generations for school sites.

             1. (A)
                Internal Capture. Base trip generation may be reduced by rate of internal capture when two or more land uses are proposed using methodology recommended in the most current Trip Generation Handbook published by the ITE or research published by the National Cooperative Highway Research Program (NCHRP) Transportation Research Board. Reductions for internal capture shall be applied to multi- or mixed-use sites only, and reductions greater than 10% in any peak hour require consultation and acceptance by the City and NCDOT. The internal capture reduction shall be applied before pass-by trips are calculated.
             2. (B)
                Pass-by Trips. Pass-by trips are those made as intermediate trips between an origin and primary destination (i.e., home to work, home to shopping, etc.). However, pass-by trips are not diverted from another roadway. Base trip generation may be reduced by rate of pass-by capture using methodology recommended in the most current Trip Generation Handbook published by the ITE. Pass-by trips associated with the development program may not exceed 10% of the existing peak-hour volume reported for the adjacent public street network. This network shall include the streets that provide primary access to/from the site. For example, if a site access drive that connects to a low-volume local street, which its primary access to a major collector road, the traffic on the major collector shall be used as the adjacent street for pass-by calculation purposes. Evaluation of diverted trips may apply depending on the specifics of each site. A trip generation table shall summarize all trip generation calculations for the project.
         11. (xi)
             Trip Distribution. External trip distribution shall be determined on a project-by-project basis using one of several sources of information available to transportation and land planning professionals. Potential sources for determining project trip distribution may include the regional travel demand model, market analysis, existing traffic patterns, or professional judgment. At the City’s direction, multiple trip distributions may be required for differing land use types. Regardless of methodology, the procedures followed and logic for estimating trip distribution percentages must be well-documented in the TIA. Trip distribution percentages proposed for the surrounding transportation network shall be discussed during the scoping meeting and shall be approved by the City and NCDOT before proceeding with the TIA. A map showing the percentage of site traffic on each street included in the study area shall be included in the TIA.
         12. (xii)
             Trip Assignment. Project traffic shall be distributed to the surrounding transportation system based on the site’s trip generation estimates and trip distribution percentages. Future year build-out traffic forecasts (i.e., future year background traffic plus project traffic) shall be represented in graphic formats for AM and PM peak-hour conditions at all intersections included in the study area. If the project will be built in phases, traffic assignments shall be reported for each phase. Pass-by traffic shall be included at the driveways and access points for evaluating driveway volumes. Multiple assignment analyses may be required if the traffic control at the access drives varies (i.e., right-in/right-out vs. stop controlled vs. signalized).
         13. (xiii)
             Operations Analysis. Level-of-Service (LOS) and delay are the primary measures of effectiveness for impacts to the transportation system, and are defined by the most current edition of the Highway Capacity Manual(HCM). Operations analyses shall be performed for the existing and all future year scenarios. Impacts from the proposed project shall be measured by comparing the future year background conditions to the future year build-out conditions.

             1. (A)
                Vehicle Capacity Analysis. Level-of-Service (LOS) and delay is the primary measures of effectiveness for impacts to the transportation system, and is defined by the most current edition of the Highway Capacity Manual (HCM). Unless otherwise noted, Synchro LOS and delay shall be reported for all signalized intersections and approaches identified in the study area. Based on HCM, LOS for unsignalized intersections is not defined as a whole; instead, only the individual stop-controlled or yield approaches shall be reported based on the HCM reports determined through the Synchro analysis. Existing signalized intersections shall be modeled based on existing signal timing plans provided by either the City or NCDOT. Existing signal timing plans shall be included in the appendix of the TIA report. If a traffic signal is part of a coordinated system it must be analyzed as such under all conditions. Other standard practices and default input values for evaluating signalized intersections shall be consistent with the most recent guidelines published by the NCDOT, Traffic Engineering and Safety Systems Branch, Congestion Management Unit (“Capacity Analysis Guidelines”). The City may also require safety, traffic simulation, gap and/or other analyses appropriate for evaluating a development application. Additional analyses and/or traffic capacity or simulation tools (such as VISSIM) required for the TIA shall be identified during the scoping meeting. Capacity calculations shall be included for the existing and all future year scenarios, as described in Section h (17). Impacts from the proposed project shall be measured by comparing the future year background conditions to the future year build-out conditions. Requirements for mitigation are described in Section h (17). All TIA reports submitted to the City shall use Synchro, SimTraffic or VISSIM analysis software for signalized and unsignalized intersections, or Sidra Software, for roundabouts, consistent with policies released by the NCDOT. A narrative, table, and map shall be prepared that summarizes the methodology and measured conditions at the intersections reported in LOS (LOS A – F), the intersection and approach signal delay for signalized intersections, the approach delay for unsignalized intersections, and 95th percentile queue lengths for all movements. Capacity analysis worksheets and auxiliary turn lane warrants for unsignalized intersections shall be included in the appendix of the TIA report.
             2. (B)
                Multimodal Capacity Analysis. For developments located within the Central Business District as defined within Kings Mountain’s most recently adopted Comprehensive Land Use Plan, the TIA/TTM shall provide multi-modal operations analyses including vehicular, pedestrian and bicycle traffic, to allow for the safe and convenient travel for all modes.

                1. 1)
                   Pedestrian Analysis. Unless otherwise noted, methodology provided in the latest edition of the HCM shall be used to evaluate pedestrian LOS for the intersections identified in the study area.
                2. 2)
                   Bicycle Analysis. The bicycle LOS at intersections identified in the study area shall be evaluated using locally accepted methodology.
         14. (xiv)
             Queuing Analysis. 95th percentile and simulation analysis of future year queues shall be consistent with NCDOT’s Traffic Engineering and Safety Systems Branch, Congestion Management Unit current practices and published Capacity Analysis Guidelines. Turn lanes and storage lengths for the major street (uncontrolled) approaches at unsignalized intersections or driveways shall be identified using volume thresholds published in the NCDOT’s Policy on Street and Driveway Access to North Carolina Highways (see Warrant for Left- and Right-Turn Lanes Nomograph, pg. 80). Recommendations for left and right turn lanes serving the site shall be designed to both account for the NCDOT warrants described above and to meet future year capacity needs identified in the TIA report. For projects that include drive-through facilities, pick-up/drop-off areas, or entrance gates, a queuing analysis may be required by the City to ensure that vehicle stacking will not adversely impact the public transportation system. The queuing analysis must be performed using accepted transportation engineering procedures approved by the City. If a TIA is required for a new school site, the internal circulation and ingress/egress of the site shall be modeled using a “dummy signal” in the SYNCHRO Synchro software as prescribed by NCDOT Municipal School Transportation Assistance(MSTA) department.
         15. (xv)
             Crash Analysis. A summary of crash data (type, number, and severity)for the most recent 3-year period at each study location is required. Traffic Engineering Accident Analysis System reports will be provided by the City and/or NCDOT and shall be included in the appendix of the TIA report. For locations with prevalent crash types and/or frequency, a discussion shall be included describing factors that may be contributing to the incidents. At a minimum, the proposed development features shall not contribute to factors potentially involved in collision rates. If contributing factors are identified, recommendations to eliminate or mitigate these features shall be included.
         16. (xvi)
             Traffic Signal Warrants. City staff and NCDOT may consider potential signal locations at the scoping meeting. However, traffic flow progression is of paramount importance when considering a new traffic signal location. A new traffic signal shall not cause an undesirable delay to the surrounding transportation system. Installation of a traffic signal at a new location shall be based on the application of warrants criteria contained in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD) and engineering judgment. Traffic signal warrants shall be included in the appendix of the TIA report. Additionally, spacing of traffic signals within the City must adhere to NCDOT requirements. Pedestrian movements must be considered in the evaluation and adequate pedestrian clearance provided in the signal cycle split assumptions. If a signal warrant analysis is recommended in the TIA, the City and/or NCDOT may decide to defer a signal warrant analysis until after the development has opened to allow use of actual turning movement counts at an intersection. The TIA recommendations must clearly state that this analysis shall occur at a specified date following the opening of the development. The applicant must issue a bond or letter of credit in the name of the City for the estimated cost of the signal warrant analysis and resulting signal prior to final approval of the TIA. The cost shall be established based on an engineer’s estimate provided by the engineer of record for the applicant; however, final approval of the dollar amount rests with the City.
         17. (xvii)
             Mitigation Measure Recommendations. This section of the TIA report shall provide a description of the study’s findings regarding impacts of the proposed project on the existing and future transportation system and describe the location, nature, and extent of all mitigation measures recommended to the applicant to improve and/or maintain the future year background conditions level-of-service (LOS) conditions through phasing and ultimate build-out of the project. This mitigation will be based on the build-out year scenario. The applicant is required to mitigate transportation deficiencies caused solely by the projected impact of their proposed development, and not unacceptable background conditions or other deficiencies caused by offsite development within the defined study area. The applicant shall be required to identify mitigation improvements to the roadway network if at least one of the following conditions exists when comparing future year background conditions to future year build-out conditions:

             1. (A)
                the total average delay at an intersection or individual approach increases by 25% or greater, while maintaining the same LOS,
             2. (B)
                the LOS degrades by at least one level, or the LOS is “D” or worse in background conditions and the proposed project shows a negative impact on the intersection or approach. If the background LOS (intersection or approach) is inadequate (i.e., “D,” "E," or F"),the applicant will be expected to mitigate only the impact caused by the proposed project. For example if the background LOS of an approach is LOS F with 85 seconds of delay, and the project traffic increases the delay to 95 seconds at LOS F), the applicant will be required to mitigate the added 10 seconds of delay on the approach, not required to mitigate the inadequate background delay. City staff and NCDOT will review the recommendations in the final version of the TIA and will have the ultimate determination in the scope of the required mitigation measures.
             3. (C)
                For multi-phase developments, the capacity analyses scenarios shall address the phasing of improvements for each phase of development. The build-out + 5scenario will require the analysis of only five years beyond the full build-outyear. The build- out + 5 scenario analysis is not used for mitigation purposes. A narrative and table shall be prepared that summarizes the methodology and measured conditions at the intersections reported in LOS (LOS A–F) and average control delay for each intersection and approach.
             4. (D)
                A narrative and map shall also be prepared that describes and illustrates recommended improvements, by development phase if necessary, for mitigating the projected impact of the proposed development.
         18. (xviii)
             Payment-In-Lieu of Transportation Improvements. A developer may request consideration of payment-in-lieu of required transportation improvements by City Council at the time of construction plan approval if the following conditions exist:

             1. (A)
                The developer is unable to secure the needed right-of-way(ROW) for off-site transportation improvements.
             2. (B)
                Funded transportation projects overlap with the improvements associated with the development’s recommended mitigation.

                1. 1)
                   For multi-phase projects, requests for payment-in-lieu consideration at the time of construction plan approval shall be limited to the first phase of development.
                2. 2)
                   All payment-in-lieu requests shall include cost estimate calculations prepared by the applicant that meet the following standards:

                   1. 1.
                      All cost estimate calculations must be prepared by a professional engineer.
                   2. 2.
                      Cost estimates shall be based on a minimum of 15% engineered roadway design plans per NCDOT Roadway Design Guidelines.
                   3. 3.
                      The calculation shall include costs associated with remaining design needed, right-of-way (ROW) acquisition, utilities, construction for the associated improvements, and contingency. Any requests for payment-in-lieu received following a construction plan approval and associated traffic mitigation agreement (TMA) shall be considered an as amendment to the approved plans. If City Council, at its discretion, agrees to accept payment-in-lieu of transportation improvements for a development, the exact payment amount shall be verified at the time of construction plan review and shall meet the following standards:

                      1. a.
                         All cost estimate calculations must be updated by a professional engineer.
                      2. b.
                         Cost estimates shall be based on a minimum of 25% engineered roadway design plans per NCDOT Roadway Design Guidelines.
                      3. c.
                         The calculation shall include costs associated with remaining design needed, right-of-way (ROW) acquisition, utilities, construction for the associated improvements, and contingency. All calculated cost estimates shall not be more than two years old at the time of acceptance by the city, and payment must be received prior to approval of the associated construction plans.
         19. (xix)
             Compliance with Adopted Transportation Plans. All TIA reports must include a statement of compliance with plans, programs, and policies adopted by the City of Kings Mountain for maintaining a safe and efficient multi-modal transportation system.
5. (E)
   Updated Traffic Study Required. The Administrator may require an update (amendment) to a previous traffic study or a new study if any of the following thresholds are met:

   1. (1)
      Changes to the development proposal increases expected trip generation for daily or peak hour trips by more than 15 percent from the original study;
   2. (2)
      The previous traffic studies are more than two years old, unless the Administrator has determined that the conditions have not significantly changed; or
   3. (3)
      Location, types and/or number of access points for the development has changed.
6. (F)
   Conditions of Approval. The Planning and Zoning Board may condition the approval of proposed development on the maintenance of the level of service standards for streets that will be impacted by the development and may authorize phased development that ties required street, intersection, access, signalization, or other improvements (such as, but not limited to additional signage, pavement markings, acceleration/deceleration lanes, etc.) necessary to maintain LOS or improve safety to the timing and level of development proposed for each phase. 

(Ord. 23-24, 08/29/2023)

Effective on: 8/29/2023

1. (A)
   General. All dedications shall be indicated on the face of the plat. Verbose dedications may be accomplished by a separate recorded instrument which is referenced on the face of the plat.
2. (B)
   Dedication of Right-of-Way.  Approval and recording of the Final Plat shall constitute Dedication by the subdivider of the right-of-way of each public Street and utility and drainage Easements shown on such plat.
3. (C)
   Acceptance of Right-of-Way Improvements.  Dedication of right-of-way from a recorded Final Plat does not constitute acceptance or maintenance by the City of any improvements in the right-of-way, such as pavements, sidewalks, drainage facilities, and other utility lines. 
4. (D)
   Dedication of Land. Land designated on an approved and recorded Final Plat as public open space, trails, or similar public purposes shall be considered to be offered for Dedication until the city has by resolution accepted such Dedication and such land is deeded to the city. Until such Dedication has been accepted, land so offered may be used for open space purposes by its owner or his designees and the city shall be held harmless of any liability involving such land. Land so offered for Dedication shall not be used for any purpose inconsistent with the proposed public use without the express approval of the City Council.
5. (E)
   Subdivision Improvement Agreements.

   1. (1)
      Authority. The Director of Public Works shall have the authority to review and approve all subdivision improvement agreements.
   2. (2)
      Delay of Completion. The Director of Public Works may delay the requirement for the completion of required improvements prior to recordation of the Final Plat if the applicant enters into a Subdivision Improvement Agreement by which the applicant covenants and agrees to complete all required on-site and off-site public improvements no later than one year following the date upon which the final plat is recorded. Such period may be extended for up to an additional six months upon its expiration at the discretion of the Director of Public Works. The Applicant shall bear the responsibility to prepare a Subdivision Improvement Agreement.  The City Attorney shall approve any Subdivision Improvement Agreement as to form.
   3. (3)
      Emergency Access. In order to provide for emergency access, no Subdivision Improvement Agreement shall be approved, and no performance guarantee shall be accepted, until the base course for the streets within the applicable phase for which a final plat is proposed has been installed.
   4. (4)
      Timing and Sequence of Improvements. The Director of Public Works may enter into a Subdivision Improvement Agreement with the applicant for a development containing multiple final plats concerning the timing and sequence of roadway, water, wastewater, drainage, public school, and park or open space dedication and improvements. Notwithstanding any provision in this UDO to the contrary, the Subdivision Improvement Agreement shall determine the time when the required improvement or dedication for multiple final plat developments shall occur.
6. (F)
   Governmental Guarantee.  When a required improvement is to be provided by the State of North Carolina or any local government other than the City, the Subdivider may provide, in lieu of the types of financial Guarantee as provided for above, a letter from the appropriate State or local government official Guaranteeing the installation of the improvement in the required manner and within the time allotted. Provided, however, in any case where the cost of such improvement exceeds $10,000 as determined by the city, such governmental Guarantee shall be in form of an approved Project Budget Ordinance where a local government is to be the provider and an equivalent document where the State is to be the provider.

Effective on: 1/1/1901

1. (A)
   Installation or Guarantee of Improvements. The Administrator shall not review a final plat until one of the following has occurred:

   1. (1)
      Installation. The subdivider has installed all improvements required in this Chapter and the improvements have been accepted for maintenance by the Director of Public Works in accordance with Section 156.70.04.C, Acceptance. Such improvements shall be in accordance with the approved construction plans. 
   2. (2)
      Guarantee. The Administrator has accepted a performance security in accordance with Section 156.70.04.B, Installation and Guarantees.
2. (B)
   Guarantee.  In lieu of requiring the completion, installation, and inspection of all or any part of the required improvements as described in Subsection 156.70.04.B.A, the City may enter into a contract with the Subdivider whereby the Subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties and the required security required in Subsection 156.70.04.B.C has been filed with the City, the Final Plat may be submitted for review by the Administrator.
3. (C)

   Performance Guarantee.

   1. (1)
      Type of Performance Guarantee.  The type of performance guarantee shall be at the election of the developer, but limited to the following forms:

      1. (a)
         Surety bond issued by any company authorized to do business in this State; 
      2. (b)
         Letter of credit issued by any financial institution licensed to do business in this State; or
      3. (c)
         Other forms of guarantee that provide equivalent security to a surety bond or letter of credit.
   2. (2)
      Amount of Guarantee. The guarantee shall be in an amount not more than 125 percent of the reasonably estimated cost of completion of the improvements in the approved construction plan at the time the performance guarantee is issued.  The City may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include:

      1. (a)
         100 percent of the costs for labor and materials necessary for completion of the required improvements.
      2. (b)
         Where applicable, the costs shall be based on unit pricing.
      3. (c)
         The additional 25 percent includes inflation and all costs of administration regardless of how such fees or charges are denominated.
   3. (3)
      City Participation. In addition to all other security, when the City participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City as a co-obligee.
   4. (4)
      Cash Escrow. If security is provided in the form of a cash escrow, the applicant shall deposit with the City Finance Director a cashier’s or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the Director of Public Works.
   5. (5)
      Duties of City. The surety bond or cash escrow account shall accrue to the City for administering the construction, operation, and maintenance of the improvements.
   6. (6)
      Duration.  The duration of the performance guarantee shall initially be one year unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.  
   7. (7)
      Extension.  If the improvements covered under the performance guarantee are not completed, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements and approved by the City Council.  
4. (D)
   Release of Performance Security. Upon completion of all improvements, or acceptance if required, the Director of Public Works shall inspect the work. If the Director of Public Works determines that the work is satisfactory and complete, the performance guarantee shall be released.
5. (E)
   Failure to Complete Improvements. If a cost estimate has been submitted by the engineer of record and approved by the City and security has been posted but required public improvements are not installed pursuant to the terms of the estimate, the Administrator or their designee may:

   1. (1)
      Declaration of Default. Declare the Agreement to be in default thirty days prior to the expiration of the guarantee instrument, and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
   2. (2)
      City-Completed Improvements. Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party; 
   3. (3)
      Third Party Improvements. Assign its right to receive funds pursuant to the surety in whole or in part to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements were not constructed,  in exchange for the subsequent owner's Agreement to complete the required public improvements; and/or 
   4. (4)
      Other. Exercise any other rights available under the law.
6. (F)
   Clean Up. The applicant shall be responsible for removal of all equipment, material, and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property or onto other land in the City is prohibited. 
7. (G)
   Maintenance Guarantee.

   1. (1)
      Bond Review and Approvals. The Director of Public Works shall have the authority to review and approve all maintenance bonds.
   2. (2)
      Guarantee Against Defects. The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one year after the final lift of asphalt has been installed. In exceptional situations, where undue hardship would otherwise result and the shorter term would not be inconsistent with the purposes of this UDO, the Director of Public Works or their designee may approve a shorter-term maintenance guarantee. The maintenance guarantee shall be secured by a surety bond or cash escrow in an amount reflecting five percent of the cost of the completed improvements.
   3. (3)
      Temporary Improvement Costs. The applicant shall construct and pay for all costs of temporary improvements required by the Director of Public Works or their designee and shall maintain said temporary   improvements for the period specified by the Director of Public Works or their designee.
   4. (4)
      Expiration of Maintenance Guarantee. Thirty days prior to the expiration of the maintenance guarantee instrument, if any defects in workmanship and/or materials are not repaired to the satisfaction of the Director of Public Works or their designee, the subdivider shall be required to make all necessary repairs immediately.

Effective on: 1/1/1901

1. (A)
   Construction Plans.

   1. (1)
      Submittal. Prior to the construction of any public improvement, the subdivider or applicant's engineer shall submit to the Director of Public Works the Subdivision Improvement Agreement and maintenance guarantee.
   2. (2)
      Standards and Specifications. All improvements must be constructed and installed in accordance with this UDO and other specifications of the City.
2. (B)
   Construction Inspections. 

   1. (1)
      Timing of Inspections.

      1. (a)
         During the preparation of land and the installation of general improvements, periodic inspections shall be made to ensure conformity with the approved plans, specifications, and standards. Appropriate agencies of the City and state may make inspections at any time during the progress of work.
      2. (b)
         All improvements required by these regulations shall be inspected prior to acceptance by the City. Where inspections are made by individuals or agencies, other than the Director of Public Works or their designee, the applicant shall provide the Director of Public Works or their designee with written reports of each final inspection.
      3. (c)
         Prior to beginning construction, the applicant shall arrange with the Director of Public Works or their designee a pre-construction meeting for the purpose of coordinating construction activities.
   2. (2)
      Notification of Public Works. It shall be the responsibility of the applicant to notify the Director of Public Works of the commencement of construction of improvements one full working day prior to work beginning. Inspections shall be required at each of the following stages of construction or as otherwise determined through an owner contract or Subdivision Improvement Agreement:

      1. (a)
         Site grading/erosion control completion;
      2. (b)
         Underground utility installation;
      3. (c)
         Subgrade preparation prior to aggregate base installation;
      4. (d)
         Aggregate base compaction;
      5. (e)
         Concrete curb and gutter installation;
      6. (f)
         Bituminous binder placing; and
      7. (g)
         Final surfacing prior to seal coat
   3. (3)
      Responsibility. The applicant or the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies.
3. (C)
   Construction Approval. 

   1. (1)
      ​​​​​​Installation and Acceptance. Approval of the installation of improvements by the Director of Public Works shall not constitute acceptance by the City of the improvement for dedication purposes. The installation of improvements in any subdivision shall, in no case, serve to bind the City to accept such improvements for maintenance, repair, or operation. Such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.​
   2. (2)
      Easement Standards. ​All easements shall be in full compliance with this UDO and any adopted policy or manual of the City prior to acceptance.
   3. (3)
      Responsibility Prior to Acceptance. The City shall not have any responsibility with respect to any street, or other improvements, notwithstanding the use of the same by the public, unless the street or other improvements have been accepted.
   4. (4)
      Conditions of Acceptance. Only when improvements have been constructed as required in this UDO and adopted policies or manuals of the City,  a minimum of 80 percent build-out along the public street has been achieved, and the applicant has submitted as-built drawings to the Director of Public Works, shall the City Council accept the improvements for maintenance by the City, except that this shall not apply to improvements maintained by another entity.
   5. (5)
      Form of Acceptance. Improvements shall only be accepted by the city council by resolution upon completion by the subdivider.
   6. (6)
      City Notification. These provisions shall not be construed to relieve the subdivider or the subdivider's agent or contractor of any responsibility in notifying any agency for the City of completed work and formal request for inspection of same. The agency having jurisdiction shall inspect and approve all completed work prior to the release of any applied performance sureties.
4. (D)
   Liability Waiver.  Acceptance of dedicated lands or facilities located within the Jurisdiction of this UDO but outside the city limits shall not:

   1. (1)
      Place on the City any duty to open, operate, repair, or maintain any street, utility line, or other land or facility; and
   2. (2)
      The City shall not responsible for failure to open, repair, or maintain any street, utility line, or other land or facility located outside its corporate limits.

Effective on: 1/1/1901