The purpose of this Chapter is to establish procedures and standards for the development and subdivision of land within the planning jurisdiction of the Town of Maggie Valley. It is further designed to provide for the following:

• Effectively manage growth and development of the Town.
• Coordination of streets, highways, and other public facilities.
• Dedication or reservation of recreation areas serving residents of the immediate neighborhood within subdivisions.
• Rights-of-way or easements for street and utility purposes.
• Distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare.
• Facilitation of adequate provision for water, sewer, and parks.
• Facilitation of the subdivision of larger tracts into smaller parcels of land.

These regulations are hereby adopted under the authority and provisions of the General Statutes of North Carolina, Chapter 160D, Article 8.

The provisions of these regulations shall apply throughout the Town of Maggie Valley corporate limits and extraterritorial jurisdiction, as may be modified from time to time.

The Town Planner shall serve as the Subdivision Administrator.

1. No conveyance without approval. No real property lying within the planning jurisdiction of the Town of Maggie Valley now or hereafter fixed shall be subdivided until it conforms with all applicable sections of this Chapter. Violations of this Section shall be subject to the penalties set forth in Chapter 159 of this Ordinance. Any sale or transfer of land in a subdivision that is subject to these regulations by reference to an unapproved plat or the use of a metes and bounds description shall be considered a violation.
2. Approval of plats.
   1. No subdivision plat of land within the planning jurisdiction of the Town of Maggie Valley shall be filed or recorded by the Register of Deeds of Haywood County until it shall have been submitted and approved in accordance with this Chapter and until such approval is entered on the face of the Final Plat by the Maggie Valley Town Planner and Chairman of the Planning Board.
   2. The county Register of Deeds shall not file or record a plat of a subdivision of land located within the planning jurisdiction of the Town of Maggie Valley that has not been approved in accordance with these provisions, nor shall the Clerk of Court order or direct the recording of a plat if the recording would be in conflict with this Chapter.
   3. Plats shall be prepared and approved pursuant to the provisions of this Chapter whenever land is subdivided.
   4. A final plat must be prepared and approved, and recorded pursuant to this chapter whenever a subdivision of land occurs. Recording of the Final Plat shall be in accordance with Section 156.11 of this Chapter.
3. Permits and construction.
   1. No land disturbing or construction activity with the exception of utility testing, engineering testing and surveying is to be carried out within the boundary area of the proposed subdivision until a Preliminary Plat has been approved by the Planning Board.
   2. No building permits shall be issued for, nor shall water, sewer, or other facilities or services be extended to or connected with, any subdivision for which a plat is required to be approved until a Final Plat has been approved by the Planning Board of the Town of Maggie Valley.
4. Statement by owner. The owner of land shown on a subdivision plat submitted for recording, or his/her authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the planning jurisdiction of the Town. See Section 156.11 for this statement.
5. Dedications.
   1. Pursuant to North Carolina General Statute 160D-806, plat approval shall not be deemed to constitute or affect the Town's acceptance of any street or other land, public utility line, or other public facility shown on the plat. However, the Town Board of Aldermen may, by resolution, accept any dedication of lands or facilities for streets, parks, public utility lines, or other public purposes.
   2. The Town shall accept responsibility to operate, repair, or maintain public sewer lines and public streets. However, the Town shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain land dedicated for other public purposes.
6. Compliance with zoning and other plans. Proposed subdivisions must comply in all respects with the requirements of the Zoning Districts as described on the Zoning Map and Chapter 151 of the UDO, and any other officially adopted plans that apply to the area to be subdivided.

1. Pre-application meeting required. Prior to the commencement of any land disturbance or building activity every subdivision applicant or designated agent is required to meet with the Town Planner or his designee in a pre-application conference. The purpose of this conference is for clarification and assistance in the preparation and submittal of subdivision applications and plats for approval. The proposed land use, and number of lots should be clarified at this time. Only after this meeting occurs can a preliminary subdivision plat be submitted.
2. Subdivision defined.
   1. As used in these regulations, the definition of the word “subdivision’ is defined in NCGS 160D-802 and means any division of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale or building development including any divisions of land involving the dedication of a new street or a change in existing streets; provided, that the following shall not be included within the definition or be subject to the regulations prescribed by this Section:
      1. The combination or recombination or portions of previously platted lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town as shown by the regulations prescribed by this Section.
      2. The division of land into parcels greater than ten (10) acres, where no street right-of-way dedication is involved.
      3. The public acquisition by purchase of strips of land for the widening or opening streets.
      4. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the Town.
      5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
   2. The Town may require only a final plat for recordation for the division of a tract or parcel of land in single ownership if all of the following criteria are met:
      1. The tract or parcel to be divided is not exempted under Section 156.06 B,1.
      2. No part of the tract or parcel to be divided has been divided under this section in the 10 years prior to division.
      3. The entire area of the tract or parcel to be divided is greater than five acres.
      4. After division, no more than three lots result from the division.
      5. After division, all resultant lots comply with all of the following:
         1. Any lot dimension size requirements of the applicable land use regulations.
         2. The use of the lots is in conformity with all applicable zoning requirements.
         3. A permanent means of ingress and egress is recorded for each lot.
   3. For the recombination of previously subdivided land or for plats that do not meet the definition of a subdivision as set forth in section A, the following shall apply:
      1. The Subdivision Administrator shall confirm that the plat does not meet the definition of a subdivision, and that minimum lot sizes and setbacks are met, if applicable.
      2. Plats that do not fall under the subdivision definition in Section 156.06 B,1 of this Chapter and NCGS 160D-802 shall provide a Certificate for Exempt Plats that shall be signed by the Subdivision Administrator prior to recording at the Register of Deeds office and shall read as follows: This plat is exempt from the Subdivision Regulations of the Town of Maggie Valley pursuant to Section 156.06 B,1 of the Unified Development Ordinance and NCGS 160D-802. _
         
         
         Subdivision Administrator Date
3. Family Subdivision. The division of land into 2 or more parcels or lots for the purpose of conveying the resulting parcels or lots to the grantee or grantees who are in any degree of lineal kinship to the grantor, or to a grantee or grantees who are within 3 degrees of collateral kinship to the grantor, such to be referred to herein as a “family subdivision.” Degrees of kinship shall be computed in accordance with G.S. 104A. The grantor must prove lineage within 3 degrees of the grantee by proof of birth certificate by both the grantor and the grantee and/or grantee will sign affidavit of proof that the subdivision is strictly a family subdivision and not for commercial sale or use.
4. Minor Subdivision. A subdivision of land with all of the following:
   1. No new street construction
   2. No right-of-way dedication
   3. No utility extension and utility easement dedication
   4. Four (4) or fewer lots resulting after the subdivision is completed
5. Major Subdivision. A subdivision of land with at least one of the following:
   1. New street construction
   2. New right-of-way dedication
   3. New utility extension or utility easement dedication
   4. More than 4 lots

1. Submittal Requirements.
   1. For all minor subdivisions and family subdivisions, the subdivider shall submit 1 copy (or more if requested) of the plat containing all required information to the Town Planner.
   2. At the time of submittal, the subdivider shall pay the appropriate fee.
   3. The plat shall contain all information required for a final plat as found in Section 156.11.
2. Review Procedures.
   1. The Town Planner or their designee shall review the plat for compliance with this Chapter and all other applicable regulations of the Town, to assure that adequate public utilities and services are available, and shall complete the review within 14 days.
   2. If all applicable provisions of this and other Chapters of the Unified Development Ordinance are met, the Town Planner shall approve the plat as a Final Plat.
   3. If all applicable provisions are not met, the plat shall be returned to the applicant with deficiencies noted.
3. Approval. If the Final Plat for a Minor or Family Subdivision is approved, the original tracing and one (1) print shall be retained by the subdivider and one (1) print shall be filed with the Town Planner.

1. Procedures. If a developer proposes that a subdivision will be constructed in phases, the following procedure shall apply:
   1. A master plan showing the entire proposed subdivision and the phases of development, proposed density, proposed type and location of utilities, and proposed development timetable shall be submitted to the Town Planner for approval by the Planning Board.
   2. Each phase of the development shall be preceded by submittal and approval of a preliminary plat. The master plan may be submitted prior to or simultaneously with submittal of the preliminary plat for the first phase of development.
   3. As each phase is completed, a final plat must be submitted and approved for that phase.
   4. Approval of the master plan need not be renewed

1. Preliminary Plat Submittal Requirements
   1. The Town Planner shall receive one (1) physical copy in addition to an electronic submittal of the Preliminary Plat for initial review.
   2. Once Preliminary Plat completeness is confirmed then the subdivider shall submit eight (8) copies of the Preliminary Plat, with all recommended changes included, for individual distribution to Planning Board members no less than twenty (20) days prior to the regular meeting of the Planning Board.
   3. The submittal shall also include:
      1. Complete Preliminary Plat Application Checklist
      2. Preliminary Plat Review Fee.
   4. The Preliminary Plat shall be clearly and legibly drawn at a scale of 1:100 and/or at another scale acceptable to the Town Planner. A registered land surveyor currently licensed and registered in the State of North Carolina by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, shall prepare the preliminary plat, and it shall contain the following information:
      1. Title Block: Subdivision name, subdivider's name and address, North Arrow, scale (min. 1"-100') denoted graphically and numerically, date of plat preparation, and township, county, and state in which subdivision is located, Deed Book Reference;
      2. Vicinity Map: A sketch vicinity map showing the location of the subdivision in relation to the surrounding area;
      3. Tract Boundaries: The boundaries of the tract or portion thereof to be subdivided, with all bearings and distances shown;
      4. Lot and Street Lines: All proposed lot and street right-of-way lines with approximate dimensions, lot and block numbers, all easements; designation of any dedication or reservations to be made, a notation of building setback lines', and proposed use of land if other than single family residences;
      5. Site Data: Total acreage in tract to be subdivided; proposed smallest lot size; proposed total number of lots; lineal feet in street, zoning district.
      6. Existing Features: Existing features including buildings, streets, power lines, drainage ways, sewer and water lines, utility easements, watershed, special flood hazard areas, and City limit lines both on or adjacent to the land to be subdivided;
      7. Natural Features: Significant natural features including wooded areas, marshes, major rock outcrops, ponds or streams, or other natural features affecting the site, or if area is in a special flood hazard area
      8. Other Improvements: Proposed location and description of any other improvements including, but not limited to, riding trails, sidewalks, or pedestrian ways, reserved open space or recreational facilities, commercial areas, or buffer strips;
      9. Water and Sewer Availability: Approval Letters from Town of Maggie Valley Sewer System and Maggie Valley Sanitary District (water) stating that the utility can provide access and capacity to meet the demands of the proposed subdivision.
      10. For Conditional Zoning, the term “Conditional Zoning” shall be placed in the title block and for Cluster Developments, the term “Cluster Development” shall be placed in the title block.
      11. The elevation of the tract in intervals of no more then 20 feet and the average grade of any portion of the parcel over 2,900' above sea level.
          
2. Preliminary Plat Review Procedures
   1. Within seven (7) days of receipt of the initial Preliminary Plat application, the Town Planner shall review the application and plat for completeness and compliance with all provisions of this Chapter. The Town Planner may request reports from other Town, county, state, or federal agencies concerned with new development, as deemed necessary. The subdivider will be contacted after this initial review is complete so that any necessary changes to the plat can be made before reaching the Planning Board.
   2. The Planning Board shall consider the Preliminary Plat during its next regularly scheduled meeting. The Planning Board shall take action within thirty-five (35) days of receiving the Preliminary Plat. If the Planning Board fails to take official action on the submitted Preliminary Plat then the Town Board of Aldermen may do so at their next regularly scheduled meeting. The Town Board of Aldermen will use the same approval criteria as the Planning Board. The Planning Board shall achieve a majority vote on one (1) of the following actions regarding the Preliminary Plat:
      1. Approval of the Preliminary Plat as submitted,
      2. Approval of the Preliminary Plat with conditions, or
      3. Denial of the Preliminary Plat as submitted.
   3. If the Planning Board recommends denial, the applicant may resubmit a revised Preliminary Plat in accordance with the provisions set forth in this Chapter.
3. Preliminary Plat Approval Period. Approval of the Preliminary Plat shall be valid for one year unless a written extension is granted by the Planning Board on or before the one year anniversary of the approval. If the final plat is not submitted for approval within the one year period or any period of extension, then the approval of the preliminary plat shall be void.

1. Submittal and Review of Construction Plans
   1. Upon approval of the Preliminary Plat by the Planning Board, the subdivider shall submit a Construction Plan application to the Town Planner. The Town Planner will review the Construction Plan application for completeness and compliance with all provisions of this Chapter. The maximum review time for construction plans is 35 days, except as allowed in (C), below.
   2. The submittal shall include:
      1. Complete Construction Plan Application and Checklist.
      2. A complete set of engineered drawings necessary for final permitting and construction. All streets, utilities, drainage, and other infrastructure systems shall be designed and constructed in accordance with the Town’s Design Standards and specifications.
   3. The Town Planner may refer copies of the plans and any accompanying material to those public agencies concerned with new development, provided that the Town Planner may extend the 35-day review period if the required information deemed necessary for a thorough review of the plans has not been received within 35 days.
2. Begin Construction. Once the Construction Plans have been approved, the subdivider may begin the construction of required improvements. Improvements must be installed and approved or guaranteed in accordance with this Chapter prior to Final Plat approval.
3. Improvement Guarantees.
   1. In lieu of completion of required improvements prior to approval of a final plat, the subdivider may post a performance guarantee in an amount sufficient to secure to the town the satisfactory installation of improvements.
   2. The performance guarantee may be in the form of one of the following methods. Such guarantees shall be in an amount of not less than one hundred twenty-five (125) percent of the approved estimated cost of the construction of the required improvements.
      1. Irrevocable letter of credit from an insured financial institution. A satisfactory, irrevocable letter of credit as approved by the Town Manager and deposited with the Town Clerk shall be submitted. When a letter of credit is submitted, the following information shall be contained in the letter:
         1. Shall be entitled “Irrevocable Letter of Credit”;
         2. Shall indicate that the Town of Maggie Valley is the sole beneficiary;
         3. The amount as approved by the town;
         4. Account number and/or credit number that drafts may be drawn on;
         5. List of improvements that shall be built that the letter is guaranteeing;
         6. Terms in which the Town of Maggie Valley may make drafts on the account; and
         7. Expiration date of the letter.
      2. Performance or surety bond executed. The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina.
      3. Certified check. The subdivider shall deposit a bank certified check drawn in the favor of the Town of Maggie Valley.
4. Improvement Guarantee Procedures.
   1. Where performance guarantees are used in lieu of the completion of improvements, and prior to submittal of a final plat to the Planning Board, the subdivider must provide specifications, quantities, unit costs, and a total cost estimate, along with an estimated date for the completion of improvements. The Public Works Director, or other appropriate official, shall review the above information from the subdivider for reasonableness as to cost and time estimates.
   2. The Town Public Works Director may affirm or modify the subdividers cost and time estimates and make a recommendation to the Town Manager as to the amount of the performance guarantee and the time limit for completion.
   3. Based on the Public Works Director’s recommendation, the Town Manager shall set the amount and terms of the performance guarantee as necessary to insure that the interests of the Town of Maggie Valley are fully protected. Such guarantees shall be in an amount of not less than one hundred twenty-five (125) percent of the approved estimated cost of the construction of the required improvements.
   4. The Town Manager may release a portion of any security posted as the improvements are completed and recommended for approval by the Public Works Director. When work required under the terms of the performance guarantee is not completed by the subdivider, the Town Manager shall inform the Town Board of Aldermen, at its next regularly scheduled meeting. The Town manager shall recommend to the Board of Aldermen such action, as is appropriate in the circumstances of the case to procure the completion of the required improvements, including call of the guarantee.

1. Final Plat Submittal Requirements
   1. The Town Planner shall receive one (1) physical copy in addition to an electronic copy of the Final Plat. Once Final Plat completeness is confirmed, then the subdivider shall submit eight (8) copies of the Final Plat, with all recommended changes included, for individual distribution to Planning Board members no less than twenty (20) days prior to the regular meeting of the Planning Board.
   2. The submittal shall also include a Subdivision Review Fee.
   3. The original of the final plat shall be at a scale of 1:100, or at another scale acceptable to the Town Planner, on a sheet of a size and material that will be acceptable to the Register of Deeds of Haywood County. The plat shall conform substantially to the construction plans as approved and display all of the contents required in this Section. The plat shall conform to the provisions of the G.S. Sec. 47-30, as amended. The final plat shall be prepared by a registered land surveyor currently licensed and registered with the State of North Carolina by the North Carolina Board of Registration for Professional Engineers and Land Surveyors and shall show the following information:
      1. Subdivision name, north arrow, scale denoted graphically and numerically, date of plat preparation and revision dates (if any) since construction plat, and township, county and state in which the subdivision is located; and the name(s) of the owner(s) and the surveyor including the seal(s) and registration number(s);
      2. The exact boundary lines of the tract to be subdivided fully dimensioned by length and bearings, and the location of intersecting boundary lines of adjoining lands;
      3. The names and deed references of owners of adjoining properties and adjoining subdivisions of record including those proposed or under review;
      4. All visible and apparent rights-of-way, watercourses, applicable buffers, minimum building setback lines, utilities, roadways, and other such improvements shall be accurately located (including dimensions) within the property, where crossing, or forming any boundary line of the property shown;
      5. Sufficient engineering data to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and minimum building setback line, including dimensions, bearings or deflection angles, radii, central angles, and tangent distances for the centerline of curved streets and curved property lines that are not the boundary of curved streets;
      6. The accurate installation, location, and description of permanent monument markers at the control points on the boundary of the property;
      7. Survey pins placed in all corners;
      8. The blocks numbered sequentially throughout the entire subdivision and the lots numbered consecutively throughout each block;
      9. Street names and right-of-way lines of all streets, and the location and width of all adjacent streets and easements;
      10. For Conditional Zoning, the term “Conditional Zoning” shall be placed in the title block and for Cluster Developments, the term “Cluster Development” shall be placed in the title block; and
      11. The elevation of the tract in intervals of no more then 20 feet and the average grade of any portion of the parcel over 2,900' above sea level.
      12. Forms for final certifications. Where applicable, the following certificates shall be lettered or rubber-stamped on the final plat in such a manner as to ensure that the certificates would be legible on any prints made therefrom. Prior to final plat approval, the appropriate person shall sign the following certificates:
          1. Certificate of ownership.
             
             

             Certificate of Ownership I (we) hereby certify that I am (we are) the owner(s) of that property shown and described hereon, and that I (we) hereby adopt this plan of subdivision with my(our) free consent, establish minimum building lines and minimum standards for all streets, sewers, water lines, alleys, walks, parks, and other sites. Further, I (we) certify the land as shown hereon is within the planning jurisdiction of the Town of Maggie Valley, North Carolina. Date Owner

          2. Certificate of accuracy.
             
             

             Certificate of Accuracy (As required under G.S. Sec. 47-30, as amended.) Date Registered Surveyor

          3. Certification of approval of the installation and construction of streets, utilities, and other required improvements.
             
             

             Certification of Approval of the Installation and Construction of Streets, Utilities, and Other Required Improvements I hereby certify that streets, utilities, and other required improvements have been installed, or that a guarantee of such installation has been arranged as authorized by the Unified Development Ordinance of Maggie Valley, North Carolina, in accordance with the preliminary plat approved by the Planning Board, and according to Town specifications and standards. Town Planner, Town of Maggie Valley, NC Date

          4. Town Planner Signature
             
             

             Certificate of Approval I certify that the final plat shown hereon complies with the Maggie Valley subdivision regulations and is approved for recording in the Haywood County Register of Deeds office. Town Planner, Town of Maggie Valley, NC Date

          5. Planning Board Chair Signature
             
             

             Certificate of Approval I certify that the final plat shown hereon complies with the Maggie Valley subdivision regulations and is approved by the Planning Board for recording in the Haywood County Register of Deeds office. Date Chair, Town of Maggie Valley Planning Board

          6. Watershed Statement (where applicable): The following statement shall appear on the plat where applicable: “THIS SUBDIVISION IS LOCATED IN A WATER SUPPLY WATERSHED; DEVELOPMENT RESTRICTIONS MAY APPLY.”
          7. Special Flood Hazard Area Statement (where applicable): The following statement shall appear on the plat where applicable: “THIS SUBDIVISION IS LOCATED IN A SPECIAL FLOOD HAZARD AREA; DEVELOPMENT RESTRICTIONS MAY APPLY.”
          8. Open Space Statement (where applicable): All areas reserved as open space shall bear the following notation: “This area is reserved as permanent open space pursuant to the authority of the Town of Maggie Valley. Further subdivision, development, or land disturbing activity is prohibited in this area.”
          9. Other Applicable Statements: Considering that all subdivisions are different other required statements may become necessary on a case by case basis. The Planning Board will notify the applicant of any additional statement requirement before issuing construction plat approval.
2. Final Plat Review Procedures for Major Subdivisions
   1. No final plat for a major subdivision shall be considered unless it has been preceded by a preliminary plat approved by the Planning Board. The final plat shall constitute only that portion which the subdivider proposes to record and develop at the time of submittal.
   2. No final plat shall be considered unless and until the subdivider shall have installed in that area represented on the final plat, all improvements required by this Chapter as specified in the approved construction plans, or financial guarantees of the improvements have been arranged in accordance with Section 156.10(C).
   3. Upon receipt of the final plat meeting the requirements of Section 156.11(A), the Town Planner shall review for compliance with this Chapter and other relevant ordinances and regulations of the town.
   4. The plat shall be accompanied by written approval from the appropriate agencies that all streets and water and sewer utilities have been installed in accordance with all required specifications, unless a guarantee of the installations has been arranged in accordance with Section 156.10(C). Upon receipt of the written approvals, the Town Planner shall sign the “Certificate of Approval of the Installation and Construction of Streets, Utilities, and Other Required Improvements” as required in division (iii) above.
   5. The Town Planner shall meet with any person or agency deemed necessary for adequate review of the plat and shall complete the review within fourteen (14) days after submittal. If all applicable requirements of this Chapter are met, the Town Planner shall submit it to the Planning Board. If all applicable requirements of this Chapter are not met, the Town Planner shall disapprove the plat and return it to the applicant with deficiencies noted.
   6. Upon approval by the Town Planner, the final plat shall be submitted to the Planning Board. First consideration shall be at the next regularly scheduled meeting that follows at least seven (7) days after submittal. The Planning Board shall make a determination of approval or disapproval of the final plat at its first consideration or at any regular or special meeting within thirty-five (35) days of the plat’s first consideration. The Board may extend the review period if it deems necessary in order to obtain additional information necessary for a thorough review of the plat.
3. Approval and Recording of the Final Plat for Major Subdivisions
   1. If the final plat is approved by the Planning Board, the original tracing and one (1) print shall be retained by the subdivider, and one (1) print shall be filed with the Town.
   2. After approval, the appropriate certificates shall be signed by the Town Planner and Planning Board Chairman on the final plat in such a manner as to ensure that the certificate will be legible on any prints made therefrom.
   3. Within sixty (60) days after the final plat has been approved, it shall have been recorded with the Register of Deeds of Haywood County. Should the sixty (60) day time limit expire before the plat is recorded, it must be resubmitted in accordance with the provisions of this Chapter. Upon adoption of this Ordinance, the Register of Deeds of Haywood County shall not thereafter file or record a plat of a subdivision located within the Town of Maggie Valley until the plat has been approved as provided herein. Without the proper approval, the filing or recording of a subdivision plat shall be void.

1. Suitability of Land
   1. Where land to be subdivided is found by the Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety, or property, the sub-divider shall provide a professional engineer’s report that outlines the measures that will be taken to correct said conditions and to eliminate said dangers. Any findings made by the Planning Board pursuant to this section and the basis for said findings shall be in writing and recorded in the minutes of the Planning Board.
   2. Land to be subdivided is encouraged to be laid out and improved in reasonable conformity with the existing topography in order to minimize clearing and grading, cut and fill, and to retain, insofar as possible, the natural contours, reduce storm water runoff, and conserve the natural cover and soil. No topsoil shall be removed from any lots shown on any subdivision plan except for the purpose of improving such lots for development (the footprint of proposed structures and driveways) and for the laying out of streets shown therein. Developers are encouraged to retain a significant number of specimen trees and native species to preserve the natural quality of the existing environment. A specimen tree is a particularly impressive or unusual example of a species due to its size, shade, age, or any other trait that epitomizes the character of the species.
2. Lots
   1. The lot size, width, depth, shape, orientation, and building setback lines shall be reasonable for the location of the subdivision and for the type of development and use contemplated shall be sufficient to accommodate proposed utilities, and shall comply with the requirements of the Town of Maggie Valley Unified Development Ordinance.
   2. Whenever the Haywood County Watershed Protection Ordinance requires larger lot sizes, the watershed requirements prevail.
   3. When calculating lot size, street right-of-way, and other publicly dedicated areas (excluding easements) shall not be included.
   4. For areas located within a Special Flood Hazard Area, the requirements of the Town of Maggie Valley Flood Damage Prevention Ordinance shall be met.
   5. Lots 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 development process (examples include open space areas, sign easements, etc.).
   6. All flag lots or panhandle lots shall have a minimum twelve foot (12') wide access strip to the lot. The length of said strip shall not exceed 100 feet. The maximum number of flag lots shall be one (1) for major subdivisions with twenty (20) lots or less and one (1) per every twenty (20) lots for major subdivisions over twenty (20) lots in size. Flag lots, panhandle lots, and other irregular shaped lots shall not be approved in minor subdivisions except in cases where such lots would:
      1. Not be contrary to the purpose of this Chapter; and
      2. Heighten the desirability of the subdivision; and
      3. Where necessary, enable a lot to be served by water and a waste disposal system.
   7. A development of land where zero lot line lots (in lieu of traditional setbacks) may be used so long as the required yards are dedicated to and are maintained around the building by a property owners association and where a purchaser is conveyed fee simple title to the footprint under the single or multi-family building, which may include town houses or patio homes. In such case, the individual lots are not required to meet the above stated dimensional requirements; provided, however, the zero-lot line development is considered a subdivision and must be approved as such under Chapter 156 of this code of ordinances.
      
      

1. General Provisions
   1. If the tract to be subdivided is located on both sides of an existing, recorded private right-of way that contains an existing private road, the applicant shall be required to upgrade the portions of the existing private road which are contained on the tract that is being subdivided to meet the road standards found in this Section.
   2. It should be understood that all roads proposed to be public must originate as private roads until there is formal dedication and acceptance by the town.
   3. Private roads are allowed, only if approved as part of a Conditional Zoning District by the Board of Aldermen or by the Zoning Board of Adjustment on an individual basis. If private roads are approved, then a road maintenance agreement signed by the parties utilizing such private road for access to their property or POA provisions outlining road maintenance responsibilities must be in place and recorded before recordation of a final plat.
   4. The applicant shall determine at the time of application if the subdivision roads are to be public, private or a combination of both types.
2. Right-of-Way Access
   1. All subdivisions greater than two (2) lots must abut on a private or public street right-of-way. The right-of-way shall, for public roads, meet or exceed the minimum width specified in the Road Classification Table (7-1), for private roads, the minimum width approved as part of a Conditional Zoning District by the Board of Aldermen or by the Zoning Board of Adjustment on an individual basis. The right-of-way standards apply within the boundaries of the property being developed.
   2. Proposed subdivisions which abut an existing or recorded public or private right-of-way which do not meet the minimum width requirements of this Chapter shall be required to provide additional rights-of-way to conform to the appropriate standards, as provided below. The applicant shall provide up to one-half (1/2) of the required right-of-way measured from the centerline of the existing right-of-way. If the subdivision is located on both sides of the existing road right-of-way, the full right-of way requirement shall be required.
3. Town Street System Requirements
   1. All roads considered for addition to the Town Street System must be located within the Town Limits.
   2. Streets must meet all minimum construction and design standards unless approved as part of a Conditional Zoning District by the Board of Aldermen or by the Zoning Board of Adjustment on an individual basis. Streets that have received deviations from the street construction and design standards may not be eligible for admission into the Town Street System.
   3. Development within a subdivision or phased development must be 75% complete.
   4. A petition for street dedication from all property owners or developer. Developer or property owners must dedicate a free and clear right-of-way.5. All roads considered for addition must be located within the Town Limits.
4. Application Requirements. Any developer desiring to construct a new subdivision road, to be designated as a Town Street, must submit the following information to the Town Planner for evaluation:
   1. Two complete subdivision construction plats, including any future expansion plans sealed and certified by a licensed engineer ensuring all requirements of section 156.13 are met.
   2. Horizontal alignment indicating general curve date on site plan
   3. Typical Road Way Section
   4. Vicinity Map
   5. Four (4) copies of the recorded plat
   6. Drainage facilities to be reviewed by the Public Works Director.
   7. If the new subdivision road will connect to a state road, a permit authorizing construction on the state right-of-way must be obtained from the North Carolina Department of Transportation before construction begins.
5. Streets that do not qualify for Town Street System
   1. Streets that do not qualify for admittance into the Town Street System will be eligible for some minor street maintenance and repair provided by the Town on a case-by-case basis and approved by the Board of Aldermen. Those requesting assistance must do so in writing.
   2. All requests must include:
      1. Street name
      2. Street location
      3. Number of homes/lots that the street services
      4. Specific service request.
   3. Applications for street maintenance assistance will be accepted in accordance with the Town of Maggie Valley Non-Powell Bill Street Fund Policy.. Assistance applications and deadline schedules will be held in the Town Clerk’s Office. Projects will be completed as funding allows.
6. Street Classification Definitions
   1. LOCAL STREET is a street or a section of a road which:
      1. Provides direct or indirect access from the entrance of the subdivision inward to five (5) or more existing or proposed residential lots and/or dwelling units and is designed to be the main travel path for the residential access. In calculating residential density, dwelling units having driveway access on the subject road and dwelling units on side roads which feed the subject residential collector road shall be counted.
   2. RESIDENTIAL STREET is a street or group of streets which abuts less than 5 residential lots or serves less than 5 existing or proposed residential dwelling units.
   3. DRIVEWAY is a street which abuts no more than two (2) residential lots, each containing or to contain no more than one (1) existing or proposed residential dwelling unit and its associated driveway. Not eligible for Town Street Maintenance.
7. Minimum Street Design and Construction Standards
   1. If not specifically listed in Table 7-1 below or elsewhere in this Section, design and subsequent construction of streets shall be reviewed by the Planning Board based on the standards and requirements of the NCDOT and with the local NCDOT District Engineer policy modifications.
   2. Deviations from the Minimum Street Design & Construction Standards may be granted as part of a Conditional Zoning District by the Board of Aldermen or by the Zoning Board of Adjustment on an individual basis. The Board shall consider several different factors before issuing a deviation such as but not limited to; the developer’s attempt to minimize environmental damage, lot specific topographic challenges, average daily vehicle counts, recommendations from public safety officials, and the Planning Board. Deviations granted may impact the street’s/subdivision’s eligibility in the Town Street Maintenance System. All deviations granted by the Board must appear on the Final Plat.
   3. Table 7-1: Minimum Street Design & Construction Standards (and notes)
      1. One Way Roads are not eligible for Town Street System Maintenance
      2. “T” or “Y” Turnarounds may be approved by the Town Planning Board on an individual basis. If using a “Y” or “T,” 1 extension extending at least 25 feet and the other extending a minimum of 50 feet and a maximum of 100 feet which will allow a vehicle with a wheel base of at least 25 feet to complete a turning movement with a maximum of 1 backing movement, may be considered. 
      3. Roads with concrete curb and gutter must meet North Carolina General Statute 136-44.14 for handicap persons.
         
         

         Road Classification Table 7-1
         Item	Local	Residential
         Number of dwelling units served	5+	3-4
         Road Right of Way	30 feet	25 feet
         Maximum grade (measured at 50 feet intervals)	18%	18%
         Minimum travelway width (2 way road)	18 feet	16 feet
         Shoulder width (each side, 2 way road)	2 feet	2 feet
         Cul-de-Sac (radius)	30 feet	20 feet
         Vertical Clearance	15 feet	15 feet
         Design Speed	20 mph	15 mph
         Subgrades pre-base	95% compaction	95% compaction
         Stone base (ABC) compacted	8 inches	8 inches
         Subgrades pre-pavement	100% compaction	100% compaction
         Asphalt	2 inches of I-2	2 inches of I-2
         Cut Slope	1:1	1:1
         Fill slope	1 1/2 : 1	1 1/2 : 1
         Ditch slope	3 to 1	3 to 1
         ABC: Aggregate Base Course; I-2 Asphalt

   4. Road drainage and culverts
      1. All road or drainage structures shall be constructed in accordance with NCDOT state road standards. Road drainage side ditches shall be constructed with sufficient depth and width to carry the expected volume of storm water runoff. Where the road crosses streams or minor watercourses, culverts shall be designed and installed in accordance with state road standards. Site plans shall show all the drainage culvert locations, as well as the length, diameter and type of culvert. The road should be built so that water will drain from the road surface into side ditches. Crosspipe drainage should be a minimum of 18 inches. Driveways may be a minimum of 15 inches except where abutting or intersecting a DOT or state maintained road which will require a minimum of 18 inches.
      2. All site plans shall show the general drainage patterns of all areas of the subdivision. Where the drainage of the subdivision does not follow the natural drainage of the property, the applicant shall design the new drainage systems, including swales, ditches, pipes, culverts, detention ponds, lakes or similar devices, to minimize any adverse effect on the proposed subdivision and on adjacent and downstream properties. Stormwater drainage improvements shall be designed and constructed to minimize erosion and downstream sedimentation, to follow natural drainage where possible, to minimize flooding or standing water conditions, to maintain desirable groundwater conditions and to avoid excessive storm water discharge. Points of storm water discharge shall be within the site unless otherwise approved by the Planning Board and adjoining property owners.
      3. All bridges and major culverts shall be designed according to state road standards.
      4. All newly proposed Roads shall meet the minimum standards to be accepted into the Powell Bill Maintenance Program.
      5. An easement shall be reserved on-site by the applicant, or otherwise provided, conforming with the lines of any drainage way into which natural runoff has been diverted. Drainage improvements, where applicable, shall be designed in accordance with state road standards.
   5. Road materials and compaction. All roads must be constructed with suitable stone and compacted properly. Used asphalt is unacceptable as a base course. The subbase must be of suitable soil capable of supporting the road above. All soil subgrades must meet 95 percent compaction prior to the placement of base material. All ABC base must meet 100 percent compaction prior to the placement of pavement. Documents to support compaction tests, from an independent testing authority shall be submitted upon request. Compaction tests must be of sufficient number to accurately reflect the project length. Testing locations shall be at the discretion of the Public Works Director.
   6. Grades. Because of the difficulty of operating vehicles on steep grades and the high potential for erosion, where possible, roads should be constructed along the contour of the land. No paved road collector, local or limited road may exceed 18% grade. A professional engineer or professional land surveyor shall certify on the Final Plat that no portion of the road(s) have grades that exceed maximum allowable grade as defined herein or submit a final as-built graded center line profile showing grade and alignment for all roads.
   7. Shoulder Stabilization. All areas disturbed by the construction of a private and/or a public road, including cut and fill slopes, shoulders and ditch banks, shall be seeded in permanent vegetation to stabilize the soil and prevent erosion. Seeding should be done as soon as feasible after road construction.
   8. Intersections. Adequate sight distances along the proposed roads shall be provided by choosing a good location for the right-of-way and clearing sight triangles when building the road. The intersection of roads must provide an adequate place for vehicles to stop before entering the road. Roads must have an apron design at proposed intersections in order to permit a vehicle to enter when another vehicle is waiting to turn.
   9. Dead ends, cul-de-sacs, and turnarounds. Loop roads should be encouraged where possible in lieu of cul-de-sac. The Planning Board shall require the installation of a temporary turnaround at the end of a phased project. The required turnaround on a dead-end road shall have a roadway radius of not less than 30 feet. Stub roads shall be designed in locations which will permit the future extension of subdivision roads.
   10. Bridges. No bridge will be eligible for Town Street System Maintenance. If bridges in residential subdivisions are proposed, the applicant must submit a copy of bridge plans showing certification from a registered professional engineer indicating that the bridge plans meet state road standards for public road bridges for drainage, hydraulics and minimum live load. Prior to Final Plat approval or release of any improvement guarantee, the applicant must submit a copy of an as-built drawing of the bridge with certification from a registered professional engineer that the bridge meets the standards required in this section.
   11. Dams. No dam will be eligible for Town Street System Maintenance. If dams in residential subdivisions are proposed, the applicant must submit a copy of dam plans showing certification from a registered professional engineer indicating that the dam plans meet state road standards for public road dams for drainage, hydraulics and minimum live load. Prior to Final Plat approval or release of any improvement guarantee, the applicant must submit a copy of an as-built drawing of the dam with certification from a registered professional engineer that the dam meets the standards required in this section.
   12. Street Lighting. Street lighting, if so desired by the developer, shall be provided, installed and maintained at the developer’s expense throughout the subdivision. Due to safety concerns, upon the approval of the Town of Maggie Valley Public Works Director, the Town of Maggie Valley may assume the operation costs for street lights that conform with at least one of the following conditions:
       1. The requested location is at the intersection of two (2) or more streets.
       2. The requested locations is at the terminus (cul-de-sac) of a street in excess of 450 feet in total length.
       3. The requested location is located at a horizontal or vertical curve of a street, which in the opinion of the Chief of Police, may be hazardous condition to vehicular or pedestrian traffic.
   13. Street Names. Proposed road names for a private and/or a public road shall be pre-approved by the Town of Maggie Valley before submitting to Haywood County in accordance with the Haywood County Property Address Ordinance. Proposed roads which are obviously in alignment with other roads already existing and named shall bear the names of the existing roads. In no case shall names for proposed roads duplicate or be phonetically similar to existing road names in Haywood County, irrespective of the use of the suffix (i.e., road, avenue, boulevard, drive, place, court and the like). Road names shall not exceed 15 characters, including spaces, but not including prefixes and suffixes. For mapping purposes, short roads should have correspondingly short road names.
   14. Road Name Signs & Regulatory Signs. Each subdivision shall provide road name signs and regulatory signs (speed limit signs, stop signs, and the like) in accordance with the Haywood County Property Address Ordinance and with applicable federal, state and local laws, rules and regulations.
   15. Subdivision Name & Signage. All major subdivisions may provide for, at the primary entrance, a subdivision name sign to conform to Town of Maggie Valley sign standards. The signs should be located in dedicated sign easements, which must be shown on the Final Plat. The name of a subdivision shall not duplicate a name that is identical to or phonetically similar to any other subdivision or named community in Haywood County.

1. Easements
   1. An easement not less than 20 feet wide, extending 10 feet on each side of the common rear lot line, side yard lot line(s) or in other locations, such as front yard lines, where necessary, shall be provided to accommodate for existing or future: Service poles, Underground electric and communication lines, Public utilities, Conduits, Drainage facilities, and Water and Sewer lines.
   2. No building, or other permanent construction, shall be erected in any easement required under this Chapter. Where the property to be subdivided is traversed by a stream, there shall be provided a storm water easement and natural vegetation buffer extending 25 feet from the top of the stream bank.
2. Public Water and Public Sewer Systems
   1. All new subdivisions that wish to connect to the Town of Maggie Valley Sanitary Sewer System and/or wish to connect to the Maggie Valley Sanitary District (water) shall, as part of the Preliminary Plat approval process, submit a letter stating that that the proposed subdivision has access to each utilities service and that each utility has adequate capacity to meet the demands of the proposed subdivision.
   2. In order to receive Construction Plat approval the developer must receive the necessary state approval permits for each utility. These permits must be part of the Construction Plat application packet.
   3. Installation of water and sewer utilities must be certified and approved prior to Final Plat approval. However, Final Plat approval, prior to certified utility installation may occur if the developer wishes to financially guarantee the installation of the systems. Submittal of the Final Plat shall be accompanied by written approval of plans for the systems from appropriate state and/or local agencies.
3. Public Sewer Construction. A public utility contractor licensed in the State of North Carolina shall perform all construction. Prior to construction, there will be a pre-construction conference that includes the design engineer, the contractor, and the Town of Maggie Valley Public Works Director. No construction shall take place until all federal, state, local permits have been obtained. All construction activities must strictly adhere to the Town of Maggie Valley Sewer Use and Extension Policy.
4. Private Water Systems. Due to topographic and geographic constraints some areas within the Town’s Planning Jurisdiction may not have access to public water. Areas that do have access to public water are required to connect. Lands outside of the public water service area that are deemed non-feasible for connection by the Maggie Valley Sanitary District Manager, may install a private or community water system. However, subdivisions without public water must receive Town Board of Aldermen approval before connecting to the Town’s sanitary sewer system.
5. Private Sewer Systems.
   1. For properties located in the extraterritorial jurisdiction (ETJ) the developer must submit a letter from the Haywood County Health Department stating they have an approved septic system for each proposed lot prior to receiving Final Plat approval.
   2. Private sewage treatment plants (i.e. package plants) will not be considered.
6. Storm Water Drainage. Plans shall be contained within the Construction Plat application package and shall be prepared by a Licensed Landscape Architect, Professional Engineer or Registered Land Surveyor and be accompanied by evidence satisfactory to the Planning Board as to the proposed method of providing for storm water drainage. It shall be the responsibility of the sub-divider to provide a drainage system which meets the following objectives:
   1. Provides for adequate drainage from all roads, parking lots, and other developed areas;
   2. Provides a suitable building area on each lot intended for building development which is safe from inundation, erosion, or subsidence;
   3. Prevents both the unnecessary impoundment of natural drainage ways and the creation of areas of standing water;
   4. Insures that existing drainage ways serving adjacent properties are maintained; or if necessary, rerouted but still function;
   5. Prevents inundation of surface water into sanitary sewer systems; and
   6. Protects existing roads, driveways, utilities and other types of development from damages caused by improper drainage control. The design of said system shall be subject to approval of the Town of Maggie Valley Public Works Director and the installation of said system shall be required prior to Final Plat approval pursuant to Section 156.11 of this Chapter.
   7. Easements for all drainage ways shall be provided as required by Section 156.14(A).
7. Sedimentation Control. In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, and other drainage networks, the sub-divider shall show proof of an erosion and sediment control plan in conformity with the Rules and Regulations for Erosion and Sediment Control as adopted by the North Carolina Sedimentation Control Commission, April, 1974, and as amended.
8. Surveying and Placement of Monuments. "The Manual of Practice for Land Surveying", as adopted by the N.C. Board of Registration for Professional Engineers and Land Surveyors, under provisions of Chapter 89 of the North Carolina Statutes, shall apply when conducting surveys. 
9. Required Underground Utility Lines.
   1. Any new lines as required as part of a subdivision, as defined per section 156.06, shall be buried and in compliance with any applicable North Carolina Building Codes in all zoning districts except as exempted in North Carolina General Statute 160D-804 (h).