Lincolnton City Zoning Code

In their interpretation and application, the provisions of this article shall be considered minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity and general welfare of the community.

(Ord. of 12-2003, §§ 4-1.2, 21-2)

1. Sale or conveyance of subdivided land. No person, firm, partnership, joint venture, corporation, or other legal entity, or agent therefor or representative thereof, shall transfer, convey, sell, agree to sell or negotiate to sell any part of a subdivision of land by reference to or exhibition of a plat which has not been prepared, approved and recorded according to these regulations.
2. Submissions to building official. No subdivision shall be approved unless the developer or his agent has submitted to the building official the required fees, plats and plans as described in these regulations, has obtained approval of all plats and plans, including approval of the final plat or plan, by the city council or building official, and the approved final plat is recorded with the clerk or the superior court.
3. Filing and recording. No plat of a subdivision within the city shall be filed or recorded by the clerk of county superior court until the final plat shall have been prepared, submitted to, approved and recorded according to these regulations.
4. Acceptance by city. The city shall not accept any subdivision not designed, developed and recorded in accordance with the provisions of these regulations, nor shall it improve, maintain, grade or pave any street within such subdivision unless such street shall have met the specifications described herein.
5. Unauthorized conveyances. No lot, street, alley, improvement, easement, right-of-way or other property or property right of any kind shall be conveyed, by deed or otherwise, to the city, the city council or other public authority without its express acceptance of such conveyance as indicated by the signature of its authorized agent on such deed or other document of conveyance.
6. Utility services. The city shall not authorize the extension of water service, sewer service, or other publicly operated services of any subdivision not designed, developed and recorded in accordance with the provisions of these regulations or to extend utility services to any parcel created in violation of these regulations.
7. Building permits. No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations, nor shall the city have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of these regulations.

(Ord. of 12-2003, § 21-2)

All land physically unsuitable for subdivision shall not be improved. This includes:

1. Property affected by flooding, bad drainage, steep slopes, rock formations, or other such features which may endanger health, life or property, aggravate erosion, increase flood hazard, or necessitate excessive expenditures of public funds for supply or maintenance of services.
2. Property which other public agencies concerned have investigated and found in the best interest of the public not suitable for the type of platting and development proposed. Such property shall not be approved for subdivision unless adequate methods are formulated by the developer for meeting the problems created by subdivision of such property.
3. The mayor and city council shall not approve what it considers to be scattered or premature subdivision of land which would endanger the health, safety and general welfare of city residents or property because of lack of or adverse effect on the city's water supply, schools, drainage, adequate transportation or other public services.
4. The mayor and city council shall not approve a subdivision where the soil conditions have been determined not suitable for development by the city health department pursuant to local, state, and federal laws, regulations and standards.

(Ord. of 12-2003, §§ 4-7, 8-10)

The name of each subdivision must have the approval of the mayor and city council. The name shall not duplicate or closely approximate the name of an existing subdivision.

(Ord. of 12-2003, § 8-9)

Except as hereinafter provided, no building or structure shall be erected on a lot unless such building or structure, enlargement, additions or alterations conform to the area regulations and setback requirements of the zone in which it is located.

(Ord. of 12-2003, § 4-2)

No lot shall be reduced, diminished and so maintained that the yards, other open space or total lot area shall be smaller than prescribed by this chapter. This section shall not apply when a portion of a lot is acquired for public use.

(Ord. of 12-2003, § 4-3)

No building or structure shall hereafter be erected, constructed, reconstructed or altered to:

1. Exceed the height limit established for the zone wherein such building or structure is located;
2. Exceed the number of families or occupy a smaller lot area per family; or
3. Reduce or diminish front yards, rear yards, side yards, or other open spaces;

   unless in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. of 12-2003, § 4-4)

No part of a yard or other open space or the off-street parking or loading spaces required around any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or open space or off-street parking or loading spaces required for another building or structure.

(Ord. of 12-2003, § 4-5)

Only one principal building and its customary accessory buildings may hereinafter be erected on any lot.

(Ord. of 12-2003, § 4-6)

1. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to the land shall make provision as the mayor and city council may require. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the mayor and city council.
2. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the mayor and city council, and shall conform to the proposed land use standards established in the comprehensive plan.
3. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the mayor and city council that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
   1. All proposed industrial parcels shall be suitable in area and dimension to the types of industrial development anticipated.
   2. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
   3. Special requirements may be imposed by the city with respect to street, curb, gutter, and sidewalk design and construction.
   4. Special requirements may be imposed by the city with respect to the installation of public utilities, including water, sewer, and storm water drainage.
   5. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
   6. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential areas.

(Ord. of 12-2003, § 4-8)

1. A subdivision plat that represents four lots or less fronting on a public street shall not be subject to the requirements for improvements and design specified in this article if it meets the following conditions:
   1. The original tract for subdivision fronts for a distance of 150 feet on a public street which is identified as such on the official city road map, as adopted by the mayor and city council.
   2. The size and zoning classification of each lot resulting from the subdivision shall meet the minimum standards set forth in the city zoning regulations.
2. Platted lots on streets and roads which have been accepted as part of established subdivisions under the minimum standards of this article cannot be further subdivided unless such future subdivision was made part of the original approval of the plat of such subdivision or more than five years has passed since the original subdivision of the subject property.

(Ord. of 12-2003, § 4-9; Ord. of 6-2-2026)

1. The subdivision of land abutting on private roads shall be allowed only under exceptional circumstances. Prior to approval, the developer shall furnish proof to the mayor and city council that:
   1. Said roads will be maintained in perpetuity as private roads;
   2. Each owner of the lots abutting on such road owns as undivided interest in the road; or
   3. The developer has ensured by some other method acceptable to the city council that such private roads are not public, not the responsibility of the city, and will be adequately maintained.
2. The mayor and city council shall be provided such documents as may be required by them to ensure that the foregoing provisions have been established for the maintenance of such private roads. Such documents shall be in a form suitable for recordation in the office of the clerk of the county superior court and shall be approved by the city attorney.
3. As a condition to approval, the mayor and city council may require that private roads be developed in accordance with all or a portion of the standards in this article.
4. An appropriate permanent sign identifying such roads as private will be erected by the developer or owners at all locations where private roads intersect with public roads.

(Ord. of 12-2003, § 4-10)

The owner of any land lying within the area of jurisdiction of these regulations who wishes to subdivide such land shall seek plat approval by the mayor and city council according to the procedures provided in this division.

(Ord. of 12-2003, art. 5, intro.)

The statutory period required for formal approval, conditional approval or disapproval of the preliminary or final plat submittal shall begin on the official submission date. The official submission date for a preliminary plat is the date of the conclusion of the plat hearing before the city council. The official submission date for a final plat is the date of the conclusion of the public meeting for consideration of the plat.

(Ord. of 12-2003, § 5-1)

1. Prior to the review, consideration and approval of a preliminary plat by the mayor and city council, the subdivider may schedule an initial meeting with the building official to discuss the proposed development. The developer may offer a simple sketch plan showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision to the building official.
2. The purpose of the meeting is to assist the subdivider with questions he may have prior to extensive site planning necessary for the preparation of the preliminary plat and to enable the subdivider to become familiar with the regulations affecting the land to be subdivided.
3. Recommendations received from the building official concerning the proposed development or the sketch plan do not authorize the developer to begin the proposed construction or improvements.
4. No fee shall be charged for this informal consultation and no formal application shall be required.

(Ord. of 12-2003, § 5-2)

Prior to making any street improvements or installing any utilities, the prospective subdivider shall submit to the mayor and city council a preliminary plat. Approval of the preliminary plat by the mayor and city council constitutes authorization for the subdivider to develop the subdivision subject to the minimum standards for required improvements and design standards.

(Ord. of 12-2003, § 5-3)

After approval of the preliminary plat by the mayor and city council, the subdivider may proceed with the preparation of the final plat and other documents as may be required in connection therewith. No final plat shall be approved by the mayor and city council until either:

1. The required improvements listed are constructed in satisfactory manner and approved by the building official and the mayor and city council; or
2. In lieu of such prior construction, the mayor and city council has accepted an approved bond or security in the amount equal to the estimated cost of installation and completion of the required improvements, whereby improvements may be made and utilities installed without cost to the city in the event of default by the subdivider.

(Ord. of 12-2003, § 5-4)

The application for preliminary approval of a subdivision plat shall be submitted to the building official together with the appropriate fee as determined by the mayor and city council. The building official shall check the plat for conformance to these regulations and report his findings and recommendations to the zoning board. The zoning board shall then review the application for preliminary plat approval and make a recommendation to the mayor and city council who shall afford a hearing on the preliminary plat. No preliminary plat shall be approved by the mayor and city council without full compliance with the requirements of the preliminary plat.

(Ord. of 12-2003, § 6-1)

Upon receipt of the zoning board's recommendations, the mayor and city council shall call a public hearing for the next scheduled meeting of the mayor and city council to be held at least 30 days after the date of the application.

(Ord. of 12-2003, § 6-2)

1. Public notice of the hearing on the application for preliminary plat approval shall be given at least 15, but not more than 45, days prior to the scheduled public hearing. The building official shall file a notice of public hearing which shall be published in a newspaper of general circulation in the county setting forth the time, place, and purpose of the hearing. Such notice shall identify the property affected. The cost of such newspaper notice shall be paid by the applicant for preliminary plat approval.
2. Additionally, at least 15 days before the scheduled public hearing, the building official shall post in a conspicuous place on the property a sign at least two feet by three feet in size. It shall set forth the time, place and purpose of the public hearing before the mayor and city council. Acts of vandalism or natural occurrences limiting the effectiveness of notice by a sign posted on the property shall not invalidate any proceedings or action taken under this chapter.

(Ord. of 12-2003, § 6-3)

1. The mayor and city council shall approve, disapprove or approve with modification, the preliminary plat within 45 days after the date it is presented at the public hearing. The mayor and city council shall consider the recommendations of the zoning board when rendering a decision. If approved, the mayor and city council shall indicate so in writing, stating the conditions of such approval, if any, or, if disapproved, the mayor and city council shall express in writing its disapproval and its reasons therefor.
2. Failure of the mayor and city council to act within 45 days after the preliminary plat is presented at the public hearing shall be deemed to constitute approval, and a certificate to that effect shall be issued by the mayor and city council on demand; provided; however, that the subdivider may waive this requirement and consent in writing to the extension of such period.
3. Preliminary approval of the subdivision plat shall be noted on the plat and certified by the mayor and city council. Also noted shall be the date on which the mayor and city council granted preliminary approval and the date of written notification to the subdivider or subdivider's authorized agent.
4. Approval of a preliminary subdivision plat shall not constitute approval of the final subdivision plat. Preliminary approval shall constitute approval of the proposed widths and alignments of streets and the dimensions and shapes of lots subject to the final approval of the city health department. Application for approval of the final record plat will be considered only after the requirements for final plat approval as specified herein have been fulfilled and after all other specified conditions have been met.
5. Upon approval of the preliminary subdivision plat by the mayor and city council, the subdivider may proceed to comply with the other requirements of these regulations and the preparation of the final subdivision plat.

(Ord. of 12-2003, § 6-4)

1. No preliminary plat of a proposed subdivision shall be recommended for approval by the zoning board or approved by the mayor and city council unless the applicant proves by clear and convincing evidence that:
   1. Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
   2. If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;
   3. All proposed streets on the preliminary plat are in conformity with adopted design standards, and existing and proposed public street improvements;
   4. All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and the proposed uses of these areas are compatible with such conditions;
   5. The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations;
   6. There is no other available subdivided land in the jurisdiction of the city that would be more suitable for the applicant's proposed uses of the subdivision;
   7. The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;
   8. The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.
2. The mayor and city council are authorized to disapprove the preliminary plat even though the proposed use is consistent with the comprehensive plan.

(Ord. of 12-2003, § 6-5)

The mayor and city council may require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat. If the mayor and city council does not require that all public improvements be installed and dedicated prior to signing of the final subdivision plat, the mayor and city council shall require that the applicant execute performance and maintenance guarantees. The mayor and city council shall require the applicant to indicate on the plat all roads and public utility improvements which shall be required to be established or extended, and any other special requirements deemed necessary by the mayor and city council in order for the subdivision plat to conform to the city comprehensive plan.

(Ord. of 12-2003, § 6-6)

The approval of a preliminary plat shall be effective for a period of one year from the date that the preliminary plat is approved by the mayor and city council, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a subdivision plat is not submitted for final approval within the one-year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new plat for preliminary plat review subject to the then existing subdivision regulations.

(Ord. of 12-2003, § 6-7)

The preliminary plat shall be drawn to a scale of not less than one inch equals 100 feet and meet the minimum standards of design set forth in these regulations. The plat shall be submitted in not less than five blueline prints and shall be such as to meet the minimum requirements contained herein. The sheet size shall not exceed 18 inches by 24 inches nor be less that 8½ inches by 11 inches. It shall include the following information:

1. General information.
   1. Full name of proposed subdivision.
   2. Name, address, and telephone number of petitioner and architect, surveyor, engineer or designer.
   3. All names and addresses of all property owners of the site.
   4. All names and addresses of adjoining subdivisions or all deed record owners of the land adjacent to the site.
   5. Date, scale, and north arrow on map.
   6. Location or vicinity map at a scale of not less than one inch equals one mile tying the subdivision into the present road system and relating the subdivision to its surrounding area.
   7. Acreage to be subdivided.
   8. A written legal description (metes and bounds with all bearing and distances) of the acreage to be subdivided.
   9. Proper identification of the boundaries of the tract to be subdivided with all bearings and distances indicated. The boundary survey shall be to such a degree of accuracy that the error of closure is 1:7,500 or greater.
2. Existing conditions.
   1. Topographic map on a scale of one inch representing 100 feet or less and contour intervals of five feet or less, showing major watercourses, marshes, rock outcrops, wooded areas, and other outstanding features.
   2. In case of resubdivision, a copy of the existing plat with proposed resubdivision superimposed thereon.
   3. Location of natural features such as streams, lakes, swamps, and land subject to flood based on a 100-year flood frequency on the property to be subdivided.
   4. Exact boundary lines of the tract to be subdivided, by bearings and distances; lot lines with approximate dimensions; minimum front building setback line.
   5. Location of existing buildings on the property to be subdivided.
   6. Location and right-of-way of streets, roads, railroads and utility lines, either on or adjacent to the property to be subdivided, with statement as to whether utility lines are in easements or right-of-way and show location of poles or towers.
   7. Size and location of existing sewers, water mains, drains, culverts or other underground facilities within the street or within the right-of-way of streets or roads adjoining the tract. Grades and invert elevations of sewers shall be shown.
   8. The acreage of each drainage area affecting the proposed subdivision.
   9. All elevations shall refer to mean sea level datum where public water and/or public sewers are to be installed.
   10. Location of city limit lines.
   11. Location of any wetlands situated on the property to be subdivided.
3. Proposed conditions.
   1. Layout of streets, roads, alleys, public crosswalks, with widths, road names, or designations, grades and cross sections.
   2. Profile of proposed streets showing natural and finished grades with percent of grade slope.
   3. Detailed layout of all lots, including building setback lines, scaled dimensions on lots, utility easements with width and use.
   4. The layout of the water distribution system showing connections to existing or proposed water supply systems; evidence of approval of the water system plans by city engineer.
   5. The layout of the sewerage system showing connections to public sewerage systems (where required) and evidence of approval of system plans by city engineer and any other state or local agencies or officers having jurisdiction over such systems (approval of city health officer where on-site disposal is to be used or approval of state water quality control board where private sewerage is to be provided).
   6. The layout of storm and surface water drainage system and evidence of approval of system plans by city engineer and by the soil erosion and sedimentation control regulations of the city.
   7. Designation of all land (if any) to be reserved or dedicated for public use.
   8. Designation of proposed use of all lots to be used for other than single-family residential (if any).
   9. Proposed major contour changes to areas where substantial cut and/or fill is to be done.
   10. A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
   11. Any adjoining areas to be developed at a later date by the subdivider as an extension of or addition to the proposed subdivision as part of a continuing or long-range development plan.
   12. Total number of lots, total acreage, total length and width of new streets.

(Ord. of 12-2003, § 6-8.3)

A certificate of approval of the preliminary plat, in the form approved by the building official, shall be inscribed on the plat indicating the building official's approval thereof.

(Ord. of 12-2003, § 6-9)

1. Dedications. The application for final plat approval shall be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the city attorney; and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:

   "The owner, or his representative, hereby irrevocably offers for dedication to the local government all the streets, local government uses, easements, parks, and required utilities shown on the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated and recorded with the Lincoln County Clerk of Superior Court."

2. Documents for recording. The applicant shall deliver a full covenant and warranty deed to all dedicated lands and improvements in proper form for recording, together with a title policy for the local government in the sum not less than $10,000.00, which sum shall be determined by the city attorney before signing of the final subdivision plat.
3. Review by building official. The application for final approval of the subdivision plat shall be submitted to the building official, who shall examine the final plat to determine if:
   1. It meets all requirements of these regulations;
   2. Conforms to the approved preliminary plat;
   3. Has approval of the health department;
   4. Design of the roads has been approved by the city engineer; and
   5. Streets and easements have been dedicated or qualify for dedication.

   The final subdivision plat shall include an original and two duplicate copies prepared in accordance with the provisions of this article.

4. Review by zoning board. The building official shall then submit the final plat application to the zoning board, which shall review the application for final subdivision plat approval. The zoning board shall then report its recommendations to the mayor and city council, which shall afford a final subdivision plat determination.

(Ord. of 12-2003, § 7-1)

1. Upon the completion of review and recommendation by the zoning board, the city clerk shall schedule the final subdivision plat determination for the next available regular meeting agenda of the mayor and city council. Public notice of final plat determination shall be given at least 15, but not more than 45, days prior to the next available regular meeting. The building official shall file a written notice which shall be published in the newspaper of general circulation in Lincolnton setting forth the time, place, and purpose of the announcement. Such notice shall identify the property affected. The cost of such newspaper notice shall be paid by the applicant for final plat approval.
2. At the meeting, the mayor and city council shall review the recommendations of the zoning board. The mayor and city council shall then approve, disapprove or approve with modification, the final plat. If approved, the mayor and city council shall indicate so in writing, stating the conditions of such approval, if any, or if disapproved, the mayor and city council shall express in writing its disapproval and its reasons therefor. If the mayor and city council does not act within 45 days of the official submission of the final plat to the mayor and city council, the final plat shall be considered approved and a certificate of approval shall be issued by the mayor and city council on demand.
3. Guarantees. The application for final plat approval shall be accompanied by performance and maintenance guarantees, if required by the mayor and city council, in a form satisfactory to the city attorney and in an amount established by the mayor and city council upon recommendation of the city engineer, and shall include a provision of final subdivision plat approval as determined by the mayor and city council, and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the local government free and clear of all liens and encumbrances on the premises.
4. Final plat determination may be approved by the building official provided there are no major changes from the approved preliminary plat. Determination shall be made by the building official as to whether significant changes from the preliminary plat have been made.

(Ord. of 12-2003, §§ 7-1, 7-2)

1. If approved, a plat shall be recorded in the office of the clerk of the county superior court upon authentication by the mayor and city council, within 60 days after final approval thereof. Otherwise, such approval shall be withdrawn by the mayor and city council and the superior court clerk shall not file or record a plat of a subdivision until such plat has been approved by the mayor and city council.
2. The plat shall include two blueline prints. The clerk shall enter thereon the filing date, plat cabinet number and slide number. One duplicate copy shall be delivered to the mayor and city council as required. Any person requesting a copy of the recorded plat shall include an extra blue print copy at the time of filing for record.

(Ord. of 12-2003, § 7-3)

The approval of a plat by the building official shall not be deemed to constitute or effect the acceptance by the city of any street or other ground shown on the plat.

(Ord. of 12-2003, § 7-4)

1. The final subdivision plat shall be prepared in accordance with accepted professional standards. The final plat shall be drawn to a scale of not less than one inch equals 100 feet and meet the minimum standards of design set forth in these regulations. The plat shall be submitted in not less than five blueline prints and shall be such as to meet the minimum requirements contained herein. The final plat shall contain the following specific information:
   1. Name, location and acreage of subdivision; name and address of owner of record and subdivider, name, registration stamp, and signature of the designer and surveyor of the subdivision.
   2. The date, north arrow and graphic scale.
   3. Name, registration number and seal of registered land surveyor.
   4. The total number of lots and average lot size.
   5. Vicinity map showing exact location of the subdivision in relation to surrounding area and showing streets or roads at a scale of one inch equals 1,000 feet.
   6. Exact boundary lines of subdivision tract, names and locations of adjoining subdivisions and streets, the location and ownership of adjoining property.
   7. Layout of streets showing street names, rights-of-way, pavement widths, and classifications, street centerlines showing angles of deflection, angles of intersection, radii, and lengths of tangents.
   8. Lot lines with dimensions and bearings, minimum front building setback lines, lots numbered in numerical order and blocks lettered alphabetically, area of each lot.
   9. Locations, dimensions and purposes of any easements, recreational areas, land to be dedicated for public use, land to be used for purposes other than residential, and land for future development.
   10. A statement, either on the plat or in an identified attached document, of any private covenants.
   11. All dimensions shall be to the nearest 1/100 of a foot and angles to the nearest second.
   12. Locations, material and descriptions of monuments and markers.
   13. Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street, lot line, boundary line, front building setback line and block line, whether curved or straight.
   14. Floodplain data.
   15. A final plat shall be a good legible print, blue, white or other commercial print reproduced from a tracing made in India ink on a commercial grade of tracing cloth, tracing film, or tracing paper with a sheet size of not more than 18 by 24 nor be less than 8½ × 11 inches, leaving a two-inch binding edge. Where more than one sheet is required, an index map shall be required on the same size sheet.
   16. Utility easements by widths and locations to include water, gas, sanitary sewer, storm drainage, electrical lines and telephone lines.
2. A certificate of approval for recording, a certificate of accuracy, and a certificate of ownership and dedication, in the form approved by the county, shall be placed on an original of the approved final plat by the mayor and city council and that original shall be returned to the subdivider for recording.

(Ord. of 12-2003, § 7-5)

The purpose of a well-designed subdivision, with all of the necessary improvements, is to create a functional and attractive development, to minimize adverse impact and to ensure a project will be an asset to the community. To promote this purpose, the subdivision shall conform to the following improvement requirements and design standards which are designed to result in a well planned community without adding unnecessarily to development costs.

(Ord. of 12-2003, § 8-1)

The applicant shall place permanent reference monuments in the subdivision as required in these regulations and as approved by a registered land surveyor.

1. Monuments and lot markers. Numbered concrete monuments, four inches in diameter or square, three feet long with a flat top, shall be set at all street corners, at all points where the street lines intersect the exterior boundaries of the subdivision, at the intersection of curves and tangents along street lines, and at all corners of the plot. The top of the monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade. All other lot corners shall be marked with iron pipes or pins not less than three-fourths inch in diameter and 24 inches long and driven so as to be flush with the finished grade.
2. Accuracy. Land surveys, both within the limits of incorporated areas and beyond shall be at an accuracy of at least 1:7,500.

(Ord. of 12-2003, § 8-5)

In order that prospective purchasers may get useable lots and new subdivisions may be an asset rather than a liability to the community, the subdivider shall install and pay for the following improvements required by these regulations necessary to serve the subdivision prior to the approval of the final plat:

1. Natural gas. When gas lines are located in a street right-of-way, where possible, such lines shall be located outside the portion of the street to be surfaced to prevent having to cut into the paved surface to serve abutting properties.
2. Water supply.
   1. Each subdivision developer shall be required to provide a potable water supply subject to the approval of the city health department.
   2. Where specifically required by the city engineer, each subdivision developer shall provide the subdivision connection to the city water system.
   3. When a water system is installed in a subdivision with more than 30 lots, water mains shall provide a minimum flow of water of 500 gallons per minute for four minutes or 250 gallons per minute for two hours at the furthermost point from the tank. Fire hydrants shall be provided at distances not greater than 500 feet apart. When the water main is located in the street to serve the abutting lots a, water service line three-fourths inch in size shall be stubbed-out to the property line to serve each lot before the street is surfaced. When connection to the city water system is not available, the city council may make an exception to this rule. The water system shall then be a permitted community water system as required by the Georgia Safe Drinking Water Act of 1977, O.C.G.A. § 12-5-170 et seq.
3. Sanitary sewage. In the areas of the city designated for sewerage service, all subdivision developers shall install a sanitary sewerage collection system. The layout and specifications of the system shall be approved by the city engineer. Where sanitary sewerage collection systems are not specifically required by the city engineer, all lots shall contain adequate area for the installation and safe operation of approved septic tanks and disposal fields, and must be approved by the city health department and other agencies having jurisdiction over such matters.
4. Lighting. In accordance with the requirements of this chapter, lighting requirements necessitate that all public streets, sidewalks and other common areas or facilities in subdivisions created after the effective date of the ordinance from which this chapter is derived shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks and other common areas or facilities.
5. Electricity. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable need of such use and every lot within such subdivision.
6. Telephone service. Every principal use and every lot within a subdivision shall have available to it a telephone service cable adequate to accommodate the reasonable need of such use and every lot within such subdivision.
7. Curb and gutters. Where curb and gutters are required, all new streets shall be constructed by the subdivision developer in accordance with the city's specifications for curb and gutters.
8. Street grading and surfacing. Street grading, base preparation, and surfacing shall be carried out by the subdivider according to plans and specifications approved by the city and/or state department of transportation. Prior to acceptance of the streets as part of the road system, the same must be paved at the expense of the developer and/or owner in accordance with city and state specifications for roads and must be conveyed or transferred to the city upon acceptance.
9. Preparation of right-of-way.
   1. The full width of all roadways shall be prepared so that pavement and sidewalks (where required) can be constructed in such a manner that future extension of additional utilities or street improvements will not damage yards of abutting property. Abutting property shall be suitably sloped to the right-of-way line. Due regard shall be shown for desirable trees not impairing visibility.
   2. Before grading is started, the entire area to be paved shall be first cleared of all stumps, roots, brush and other objectionable materials. In all areas to be graded or filled, the subdivider shall stockpile the topsoil later to be spread in all disturbed areas not paved.
   3. Immediately after grading and filling and respreading of topsoil, all areas of disturbed soil shall be fertilized and seeded (or, in steep areas, sodded or otherwise appropriately treated) with suitable vegetative cover to retard erosion.
   4. The pavement base shall conform to the city's specifications for such pavement base and shall be approved by the city engineer.
   5. All new streets shall be surfaced by the developer with paving as required by the city specifications regarding street paving and surface.
   6. The preparation and development of all new streets shall comply with the city's specifications and shall be approved by the city engineer before such streets may be developed and accepted by the city engineer as well as the mayor and city council. Also, before final plat approval will be issued by the mayor and city council.
10. Storm drainage.
    1. An adequate drainage system, including necessary open ditches, pipes, culverts, storm sewers, intersectional drains, drop inlets, bridges and other necessary appurtenances shall be provided for the proper drainage of all surface water.
    2. All storm drainage systems shall comply with the city's specifications for such systems and shall be approved by the city engineer before such systems may be installed and before final plat approval will be issued by the mayor and city council.
11. Drainage. The preliminary plat and the final subdivision plat, shall include the following:
    1. A plan showing the acreage of all on-site and off-site drainage areas contributing flow through the project.
    2. A hydrology report which shall include:
       1. Minimum design frequency of a 25-year storm;
       2. Minimum time of concentration of ten minutes;
       3. Detailed calculations indicating the formula used;
       4. The coefficient of run-off;
       5. The time of concentration;
       6. The rainfall intensity;
       7. The discharged velocity; and
       8. The source of all data used.
    3. Where the drainage area exceeds 150 acres, two formulas shall be used and the average of the two submitted.
12. Fire hydrants.
    1. Every development subdivided or unsubdivided that is served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within such development.
    2. Water lines that serve hydrants shall be at least six-inch lines, and, unless no other practicable alternative is available, no such line shall be dead-end lines.
13. Street name signs. Street name signs shall be installed at all intersections within a subdivision. The location and design shall be approved by the mayor and city council.
14. Topsoil. Wherever grading or filling occurs on lots within the subdivision, the subdivider shall first stockpile the topsoil from the affected areas, immediately after grading and filling, and shall redistribute to areas of disturbed soil sufficient topsoil to support growth of lawn grass, and other vegetation and shall immediately seed such areas with appropriate vegetative cover to prevent erosion, silting of streams, and other damages. Due regard shall be shown for such desirable trees as are already on the site, and grading and filling should be planned to preserve as many as possible.
15. Entrances. At the preliminary plat stage, the mayor and city council may limit the number of entrances, driveways, or "curb cuts." At the preliminary and final plat stages, the mayor and city council shall be consistent with all state, federal, and local laws and applicable ordinances, including the state department of transportation rules and all amendments or revisions in effect as of the date of the preliminary plat approval. At the preliminary plat stage, the mayor and city council may consider safety as well as require available alternatives for reducing the number of entrances, driveways or "curb cuts."

(Ord. of 12-2003, § 8-2)

After the adoption of a major street plan as provided by law, the city or other public authority shall not accept, lay out, open, improve, grade, pave or light any street or authorize the laying of water mains, sewers, connections or other facilities or utilities in any street within the territorial jurisdiction of the city council unless such street has been accepted or opened as, or shall otherwise have received the legal status of, a public street prior to the attachment of the city council's jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat duly approved by the mayor and city council.

(Ord. of 12-2003, § 8-3)

The zoning board shall not review and the mayor and city council shall not approve a subdivision in a location where the existing roads providing primary access are inadequate to serve the additional traffic generated by the development. If the ditches on existing city streets are to be used for drainage from the subdivision, the developer will regrade said ditches and provide an all-weather drainage outlet. All regrading and drainage outlets shall be approved by the city council or its authorized representatives.

(Ord. of 12-2003, § 8-4)

In order to provide for streets of suitable location, width and improvements to accommodate prospective traffic and afford satisfactory access to fire, police and sanitation department personnel as well as road maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid hardships to adjoining property, the design standards for streets provided in this article are required and shall be planned for and provided by the subdivider, prior to final plat approval.

(Ord. of 12-2003, § 8-6)

Streets and roads are hereby classified according to the function which they are to serve, the type, speed, and volume of traffic they will carry, and the required standards of design. The classifications of streets and roads shall be arterial roads, collector streets, and local streets and are displayed on the major road plan adopted by the mayor and city council. The designation in the major road plan of arterials and collectors shall not prevent other streets proposed in or adjoining subdivisions from being similarly classified. Street classifications and subclassifications are as follows:

1. Arterial roads.
2. Collector streets.
3. Local streets.
4. Residential:
   1. Small lot subdivisions (lots less than 50,000 square feet).
   2. Large lot subdivisions (lots larger than 50,000 square feet with a minimum frontage of 125 lineal feet).
   3. Rural subdivisions (lots larger than 2.5 acres).
   4. Large lot rural subdivisions (lots larger than 5.0 acres).
5. Industrial.
6. Commercial.
7. Service drive.

(Ord. of 12-2003, § 8-7.1)

1. The location and width of all streets and roads shall conform to the official major road plan as adopted by the mayor and city council.
2. Existing streets which terminate at or adjoin a subdivision boundary shall be deemed a part of the subdivision. The proposed street system within a subdivision shall have the right-of-way of existing streets extended no less than the required minimum width. Subdivisions that adjoin only one side of existing streets shall dedicate one-half of the additional right-of-way needed to meet minimum width requirements. If any part of the subdivision includes both sides of an existing street, all the required additional right-of-way shall be dedicated.
3. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing major streets shall be extended.
4. Where, in the opinion of the mayor and city council it is necessary to provide for street access to adjoining property, proposed streets shall be extended by dedication of right-of-way to the boundary of such property.
5. When an arterial road adjoins or is included in a subdivision, lots therein which abut the arterial road shall be provided with another means of access, e.g.:
   1. Platting a single tier of lots which back to the arterial road and front on a minor street;
   2. Platting a service drive;
   3. Platting a looped land service street and culs-de-sac;
   4. Platting a rear service drive for access; or
   5. Other methods approved by the mayor and city council.
6. Subdivision streets which intersect an arterial road shall do so at intervals not less than 1,200 feet for a limited access arterial road and 400 feet for other arterial roads.
7. When land is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged so as to allow for the opening of streets in the future.

(Ord. of 12-2003, § 8-7.2)

Proposed streets that are obviously in alignment with other existing and named streets shall bear the assigned name of the existing streets. In no case shall the name of the proposed streets duplicate or be phonetically similar to existing street names, regardless of the use of designator, such as street, avenue, boulevard, drive, place, court, etc. It shall be unlawful for any person in laying out any new street or road to name such street or road on any plat by marking or in any deed or instrument without first getting approval of the mayor and city council.

(Ord. of 12-2003, § 8-7.3)

Street jogs with centerline offsets by less than the minimum stopping distance specified in this division shall be prohibited.

(Ord. of 12-2003, § 8-7.4)

1. All streets shall intersect at right angles; such intersecting streets shall continue as perpendicular from the center point of the intersection for not less than the minimum stopping sight distance for their respective rated speeds in accordance with this section.
2. Right-of-way lines at street intersections shall have a radius of curvature of not less than 20 feet. Wherever necessary to permit the construction of a curb having a desirable radius without curtailing the sidewalk at a street corner to less than normal width, the street right-of-way line at such street corner shall be rounded or otherwise set back sufficiently to permit such construction.

(Ord. of 12-2003, § 8-7.5)

A cul-de-sac is a minor street not to extend more than 700 feet in length. Such street shall be provided with a turnaround having a roadway diameter of at least 80 feet and a right-of-way diameter of at least 100 feet.

(Ord. of 12-2003, § 8-7.6)

Service alleys or drives may be required in multiple-dwelling, commercial, and industrial developments and shall have a minimum surface treatment width of 15 feet, but shall not be provided in one and two-family residential developments unless the subdivider provides evidence satisfactory to the mayor and city council of the need for alleys.

(Ord. of 12-2003, § 8-7.7)

All driveway entrances and other openings onto streets within the city's jurisdiction shall be constructed so that:

1. Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized;
2. No point of ingress/egress shall be allowed within 35 feet of the right-of-way line of any street intersection;
3. An ingress/egress driveway shall be located not closer than 30 feet to another such driveway on the same street.

(Ord. of 12-2003, § 8-7.8)

When a subdivision is proposed with frontage along an existing arterial road or state-numbered highway, every attempt must be made to provide an access road or frontage road for direct access to the proposed lots. The mayor and city council shall evaluate this requirement in an attempt to reduce the number and frequency of curb cuts along arterial roads and state-numbered highways.

(Ord. of 12-2003, § 8-7.9)

Street rights-of-way are designed and developed to carry motor vehicle traffic, and in some cases, allow on-street parking; to provide a safe and convenient passageway for pedestrian traffic; and to serve as an important link in the city's drainage system. In order to fulfill these objectives, minimum street right-of-way widths shall be as follows:

1. Curb-and-gutter type of construction.

1. Shoulder-type lane construction.

(Ord. of 12-2003, § 8-7.10)

1. Grades on arterial, collector and industrial streets shall not exceed seven percent; grades on commercial streets shall not exceed ten percent; grades on residential streets shall not exceed 13 percent; all curbed and paved raised edge streets shall have a minimum grade of one percent.
2. All changes in grade shall be connected by a vertical curve so constructed as to afford a minimum sight distance, said sight distance being measured from the driver's eyes, which are assumed to be 3¾ feet above the pavement surface, to an object six inches high on the pavement.
3. This minimum sight distance shall be the minimum stopping sight distance for the rated speed of the street as follows:

(Ord. of 12-2003, § 8-7.11)

1. Where a deflection angle of more than ten degrees in the alignment of a street occurs, the radius of curvature of the center line of said street shall be not less than as follows:

1. A tangent of at least 100 feet in length shall be introduced between reverse curves on arterial and collector streets.

(Ord. of 12-2003, § 8-7.12)

1. Length. Blocks shall be neither less than 400 feet nor more than 1,200 feet in length, except as the mayor and city council considers necessary to secure efficient use of land or desired features of street pattern. In blocks greater than 800 feet in length, the mayor and city council may require at locations it deems necessary one or more public crosswalks of not less than ten feet in width to extend entirely across the block, or pedestrian easements in lieu thereof.
2. Width. Blocks shall be wide enough to allow two rows of lots, except where reverse frontage on major streets is provided or when prevented by topographic conditions or size of property or location next to an arterial road, in which case the mayor and city council may approve a single row of lots.

(Ord. of 12-2003, § 8-8)

Crosswalks, not less than ten feet wide, may be required by the mayor and city council where it is deemed essential in order to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities.

(Ord. of 12-2003, § 8-11)

When sidewalks are included within a subdivision, sidewalks shall be within the dedicated non-paved right-of-way of all streets within the subdivision. Concrete curbs are required for all streets where sidewalks are to be installed. The minimum paved width of sidewalks shall be four feet, and a median strip of landscaped area that includes shade trees at least three feet wide shall separate all sidewalks from adjacent curbs within the subdivision.

(Ord. of 12-2003, § 8-12)

All land designated for street purposes or street widening shall be laid out and shown on the map of the subdivision and shall not have rights-of-way less than the widths specified in this article. All streets which are designated as part of the street system of the city, or part, division, or section thereof shall be coordinated with adjoining links in said system and dedicated at the same or greater widths.

(Ord. of 12-2003, § 9-1)

Where a school or recreation area, shown on an official map or in a plan made and adopted by the mayor and city council, is located in whole or in part in the applicant's subdivision, the city council may require the dedication or reservation of such open space within the subdivision up to a total of ten percent of the gross area of the plot, including any water frontage for park, school or recreational purposes.

(Ord. of 12-2003, § 9-2)

Except where alleys or rear service drives are permitted, easements along rear or side lot lines shall be at least 15 feet wide and shall be required for the extension of existing or planned utilities.

(Ord. of 12-2003, § 9-3)

In cases in which a subdivision is traversed by a stream or drainage channel, there shall be provided a stormwater easement of such width along each side of the stream as the mayor and city council deems necessary for the purpose of widening, deepening, protecting, relocating, or otherwise improving such drainage elements. Additional requirements include:

1. A five-foot easement along all side property lines.
2. A ten-foot easement along all rear property lines.
3. All storm drainage pipes shall be located within a ten-foot easement.
4. All stormwater discharge into natural drainage areas shall be as straight as possible.
5. All storm drainage pipes shall be at least 18 inches in diameter and 18 inches below the surface and shall have a slope of at least one percent.
6. Catchbasins shall be located at all low points of streets and shall be located so as to service no more than four acres.
7. High water elevation contour based on a 25-year storm at the entrance of each head wall.
8. All drainage easements, natural ditches, and drainage areas shall be grassed and/or rip-rapped as necessary to control erosion.
9. All subdivisions plans shall include a method of control so as to prevent the silting or erosion of natural drainage areas, natural drains and streams, and adjoining property; such plans shall also provide for control of the rate of discharge of excess water.
10. In addition to the requirements of these regulations, all property located in a floodprone area shall be developed in accordance with the minimum standards of the state and federal laws and rules governing flood prone areas.

(Ord. of 12-2003, § 9-4)

In such cases and at such locations as the zoning board deems advisable, easements along side or rear lot lines not exceeding 12 feet in width may be required for pedestrian or bicycle traffic to and from schools, parks and other public places.

(Ord. of 12-2003, § 9-5)

1. In all new development or construction, no trees with a diameter of six inches or over, measured 4½ feet above ground level shall be taken down, damaged or destroyed without prior written approval of the mayor and city council. Limits of root damage shall be taken into consideration prior to such approval. Trees with a diameter of six inches or over and located in buffer or setback areas shall be shown on development or building site plans. It shall be the intent of this section to retain as many trees as possible for the visual attractiveness, natural preservation and energy conservation benefit gained by doing so. This provision shall not apply to individual owner-occupied parcels of land.
2. Existing features that would add value to residential development or to the local government as a whole, such as trees, as provided in subsection (a) of this section, watercourses and waterfalls, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade.

(Ord. of 12-2003, § 9-6.1)

As a requirement of subdivision approval, where the development is not naturally wooded, the applicant shall plant shade trees on the property within the subdivision. Trees are to be planted within five feet of the right-of-way of the road or roads within and abutting the subdivision. One tree shall be planted for every 40 feet of frontage along each road. New trees shall shave a minimum trunk diameter (measured 12 inches above the ground level) of not less than two inches. Only long-lived shade trees shall be planted.

(Ord. of 12-2003, § 9-6.2)

The developer shall be responsible for replacing any tree that dies within three years of the completion of the entire development or, if a phased development, within three years of the completion of the phase in which the now dead tree was planted.

(Ord. of 12-2003, § 9-6.2)

When deemed necessary by the mayor and city council, improvement guarantees shall be provided to ensure the proper installation and maintenance of required streets, utility and other improvements. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer of a proposed subdivision.

(Ord. of 12-2003, § 10-1)

1. Before the recording of a final plat, or as a condition of final site plan approval, the mayor and city council may require and may accept in accordance with the requirements of this chapter the following guarantees:
   1. The furnishing of a performance guarantee in an amount not to exceed 120 percent of the cost of installation of improvements;
   2. The provision for a maintenance guarantee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15 percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed, or the improvements are covered by a performance guarantee or maintenance guarantee to another governmental agency, no performance guarantee or maintenance guarantee shall be required by the mayor and city council for such utilities or improvements.
2. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the mayor and city council by resolution.
3. Upon substantial completion of all required improvements, the developer may notify the mayor and city council in writing of the completion or substantial completion of improvement and it shall send a copy to the city engineer. The city engineer shall inspect all improvements of which such notice has been given and it shall file a detailed report, in writing, with the mayor and city council indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
4. The mayor and city council shall either approve, partially approve or reject the improvements on the basis of the report of the city engineer, and it shall notify the developer in writing of the contents of the report and the action not later than 30 days after receipt of the notice from the developer of the completion of the improvements. Failure of the mayor and city council to provide notification within 30 days after receipt of the notice from the developer of the completion of the improvements, shall be held to constitute approval of the improvement and the obligor as well as the surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
5. Where partial approval is granted, the developer shall be released from all liability except for that portion of improvements not yet approved.

(Ord. of 12-2003, § 10-2)

The performance and maintenance guarantees shall be provided by a variety of means including, but limited to the following:

1. Security bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in this state.
2. Letter of credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable institution.
3. Escrow account. The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the city, or in escrow with a bank.
4. Property. The applicant may provide as a guarantee land or other property.
5. Subdivision improvement agreement. An applicant may provide as a guarantee a subdivision improvement agreement between the lender, applicant and the city.

(Ord. of 12-2003, § 10-3)

No construction activity of any kind, including grading, installation of improvements, and building, shall begin on any land subject to these regulations without prior recommendation by the zoning board and subsequent approval of the preliminary plat by the mayor and city council.

(Ord. of 12-2003, § 11-1)

The grading operations may begin following approval of the preliminary plat.

(Ord. of 12-2003, § 11-2)

Utility installation shall not occur until the building official has approved the rough grade of the street and shoulder preparation.

(Ord. of 12-2003, § 11-3)

Periodic inspection during the installation of the physical improvements in a subdivision shall be made by the building official to ensure conformity with the approved plans and specifications. The subdivider shall notify the building official when each phase of the installation is completed and ready for inspection.

(Ord. of 12-2003, § 11-4)

No lot or parcel of land shall be sold or transferred or a building permit issued until the final plat, of which said lot or parcel is a part, shall have been approved and recorded as provided for in these regulations.

(Ord. of 12-2003, § 11-5)

The building official shall not issue any permit for the erection of any building or structure to be located in any subdivision, a plat whereof is required to be recorded pursuant to the provisions of these regulations, until such plat shall have been admitted to record as provided for in these regulations.

(Ord. of 12-2003, § 11-6)

No dwelling within the city may be occupied for dwelling purposes until all required utility installations, including water supply and sanitary sewer systems, have been completed to the satisfaction of the building official.

(Ord. of 12-2003, § 11-7)