All subdivisions established after the adoption of the UDO shall be developed in accordance with the minimum design standards of the UDO and any other applicable plans, policies, ordinances or standards of the Marion Code of Ordinances and all applicable State and Federal Laws.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Conformity to existing maps or plans. The location and width of all streets shall be in conformity with official plans and maps of the city and with existing plans of the city council, including the major thoroughfare plan.

   B.   Continuation of adjoining street system. The street layout shall be coordinated with the street system of the surrounding area.

   C.   Access to adjacent properties. Where, in the judgment of the city council, it is desirable to provide for street access to adjoining property, streets shall be extended by dedication to the boundary of such property and a temporary turnaround shall be provided.

   D.   Private streets. There shall be no private streets or reserve strips platted in any subdivision.

   E.   Street names. The names of new streets shall not duplicate or be phonetically similar to existing street names. New streets which are in alignment with existing and named streets shall bear the assigned name of the street.

   F.   Street right-of-way widths. Minimum street right-of-way widths shall be in accordance with the following:

 

 

 

 

   G.   Street grades. Street grades shall be as follows:

      1.   Street grades shall not be more than fifteen (15) percent nor less than one-half of one (1) percent.

      2.   Grades approaching intersections shall not exceed five (5) percent for a distance of not less than one hundred (100) feet from the centerline of such intersection.

   H.   Intersections. Street intersections shall be laid out as follows:

      1.   Streets shall intersect as nearly as possible at right angles and no street shall intersect at less than sixty (60) degrees.

      2.   Property lines at street intersections shall be rounded with a minimum radius of twenty (20) feet. At an angle of intersection of less than seventy-five (75) degrees a greater radius may be required. Where a street intersects a highway, the design standards of the state highway commission shall apply.

   I.   Alleys. Alleys shall be provided to the rear of all lots used for other than residential purposes. Alleys are prohibited in residential blocks unless such are approved by the city council. All dead-end alleys shall be provided with a turnaround. All alleys shall be constructed in accordance with city specifications and standards and shall have a right-of- way width of twenty (20) feet.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The following requirements shall apply to all streets within the corporate limits of the city.

   A.   Grading. All streets shall be graded to their full width. Finished grade, cross section and profile shall be approved by the city council.

   B.   Paving. Road base and paving shall be installed in accordance with the provisions of this chapter and city specifications and standards.

   C.   Curb and gutter. Combination curb and gutter shall be installed in accordance with city specifications and standards.

   D.   Cul-de-sac. A cul-de-sac shall not exceed eight hundred (800) feet in length and shall be provided with a turnaround having a roadway diameter of at least eighty (80) feet and a right-of-way diameter of at least one hundred (100) feet. Temporary turnarounds shall be paved in accordance with the city's specifications and standards. All streets must be through streets unless approved otherwise by the city council.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   General requirements.

      1.   Frontage. All lots shall front on a public or private street and have a minimum width at the street line of thirty (30) feet to accommodate all driveways, drainage facilities, and utilities in accordance with the City of Marion Standard Specifications and Detail Manual. Corner lots shall have an extra width of ten (10) feet to permit adequate setback from public and private rights-of-way.

      2.   Compliance with Zoning. The size, width, depth, shape, and location of lots shall be established with due regard to topographic conditions, and comply with applicable zoning district regulations.

      3.   Area. Lot sizes and building setback lines shall conform to the minimum lot area, minimum lot width, and minimum yard requirements set forth in the zoning district in which the subdivision is located.

      4.   Orientation of Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.

      5.   Corner Lot. Property lines at street intersections shall be rounded, with a radius of at least twenty (20) feet; a greater radius may be required by the City Council as part of its approval of the preliminary plat.

      6.   Double-Frontage Lot. Residential lots that front on more than one (1) street, other than corner lots, shall be avoided to the maximum extent possible. The creation of such lot shall only be permitted if necessary to allow a property owner reasonable use and benefit of parcel of land, which would otherwise cause extreme hardship. A request to create a new double-frontage lot shall be conducted in the form of a Variance pursuant to Sec. 16-9.4 of this chapter.

   B.   Flag Lot Requirements.

      1.   A flag lot shall be permitted if necessary to allow a property owner reasonable use and benefit of a parcel of land or to alleviate situations, which would otherwise cause extreme hardship for the owner. A flag lot may only be approved if it meets the following requirements, all other requests shall be conducted in the form of a Variance pursuant to Sec. 16-9.4 of this chapter.

      2.   Uses. A flag lot may contain only one single-family dwelling and its accessory structures.

      3.   Frontage. The flagpole section of the lot must have a minimum of 20 feet of street frontage on a public or private road and the adjoining conventional lot from which the flag lot is being subdivided must have a minimum of 50 feet of street frontage on a public or private road after the subdivision is complete.

      4.   Length. The entire length of the flagpole section of land shall not exceed 150 feet in length.

      5.   Size. The flagpole portion of the lot shall not be included in calculating lot size. The minimum lot size shall be consistent with zoning district where the subdivision will occur.

      6.   Driveway. The minimum driveway width for a flag lot is ten (10) feet.

      7.   Joint Access. Use of a single driveway to serve adjoining flag lots or to serve a flag lot and an adjoining conventional lot is permitted and encouraged. In the latter case, the preferred location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole. All access easements shall be recorded in the office of the register of deeds in McDowell County.

      8.   Special Provision. A note must be placed on any plat for recording flag lots noting that the lot may not be further subdivided following the initial subdivision approval.

      9.   Access. Flag lots are not permitted where it will increase the number of lots accessing a collector or arterial street.

   C.   Blocks. The maximum and minimum lengths and widths of blocks shall be as follows:

      1.   Length. Block lengths shall not exceed one thousand five hundred (1,500) feet nor be less than four hundred (400) feet. If deemed necessary by the city council a pedestrian crosswalk of at least ten (10) feet in width may be required.

      2.   Width. Blocks shall have sufficient width to allow two (2) tiers of lots of minimum depth. Blocks may be one (1) lot in depth where single-tier lots are required to separate residential development from through vehicular traffic or nonresidential uses.

   D.   Sidewalks. Sidewalks shall be constructed with all new non-residential development on such streets the city council considers sidewalks to be necessary. Sidewalks, if constructed, shall be within the street right-of-way and installed in accordance with city specifications and standards.

   E.   Subdivision corner ties and monuments. Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with the following requirements:

      1.   Subdivision corner tie. At least one (1) corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within two thousand (2,000) feet of a U.S. Coast and Geodetic Station or state grid system coordinated monument or city limit marker, then this corner shall be marked with a monument so designed by computed X and Y coordinates which shall appear on the map with a statement identifying this station or monument. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure.

      2.   Monument. Within each block of a subdivision at least two (2) monuments designed and designated as control corners shall be installed. The surveyor shall employ additional monuments if and when required. All monuments.shall be constructed of concrete and be at least four (4) inches in diameter or square and not less than three (3) feet in length. Each monument shall have imbedded in the top and attached by a suitable means a metal plate of noncorrosive materials and marked plainly with the point, the surveyor's registration number, the month and year it was installed, and the word monument or control corner. A monument shall be set at least thirty (30) inches in the ground with at least six (6) inches exposed above the ground unless this requirement is impractical.

   F.   Property markers. A steel or wrought iron pipe or the equivalent not less than three-fourths inches in diameter and at least thirty (30) inches in length shall be set at all corners, expoint curve, point of intersection, property corner, point of tangency and reference point unless a monument has already been placed at such points. Additional markers shall be placed at other points as required.

   G.   Utilities. Storm sewers, waterlines and sanitary sewers shall be designed by a registered engineer and shall be approved by the city manager and public works director. Sanitary sewers and water mains shall be installed in accordance with city specifications and standards. No private water and sewerage systems will be accepted by the city unless they are installed according to city specifications and standards.

   H.   Building setback lines. The minimum setback from property lines shall comply with the development standards of chapter four of the UDO.

   I.   Easements. Utility and other easements shall be provided as follows:

      1.   Utility easements. Utility easements centered on rear or side lot lines shall be provided where deemed necessary by the city council and shall be at least fifteen (15) feet in width.

      2.   Crosswalk easements. A crosswalk easement of at least eight (8) feet in width shall be provided if required by the city council.

      3.   Watercourse and drainage easement. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

   J.   Street Naming and Addressing. Street naming, addressing, and amendments to such shall be processed in accordance with the City of Marion Street Naming and Addressing Technical Manual. The latest edition of the City of Marion Street Naming and Addressing Technical Manual, including subsequent amendments and editions, as promulgated by the McDowell County Office of Emergency Management and the City of Marion is adopted by reference pursuant to § 160A-77. The adoption of said manual shall make it an administrative code of the City of Marion, and a copy of this manual shall be maintained for public inspection in the office of the city clerk pursuant to § 160A-77.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   For the purpose of the UDO, the term "steep slope" means land proposed to be subdivided which has a fifteen (15) percent slope, an average difference in elevation of more than fifteen (15) feet in a horizontal distance of one hundred (100) feet, or more. Any block frontage shall be considered a hillside subdivision if the slope of thirty (30) percent or more of its length equals or exceeds fifteen (15) percent. All provisions of this article as set forth herein shall apply to hillside subdivisions.

   A.   Street design.

      1.   Within the corporate limits of the city, minor streets shall have a right-of-way of at least fifty (50) feet except that a right-of-way of forty (40) feet will be permitted if:

         a.   The average cross slope of the hillside is forty (40) percent or more; or

         b.   The street is permanently dead-ended; or

         c.   Lots front on only one (1) side of the street and the cross slope is twenty-six (26) percent or more.

      2.   Cul-de-sacs. The required turnaround on a dead-end street in a hillside subdivision shall have a roadway diameter of not less than sixty (60) feet. If the street length does not exceed three hundred (300) feet and if construction difficulties will not permit a turnaround, the use of a Y or hammerhead turning space may be acceptable if approved by the city council.

   B.   Pavement widths. Where the average cross slope is twenty-six (26) percent or greater, pavement widths may be reduced to twenty (20) feet by the city council.

   C.   Lots.

      1.   Where the average cross slope is between fifteen (15) percent and twenty-five (25) percent, design requirements for lots are as follows:

         a.   The average minimum lot area for the entire subdivided area will be twelve thousand (12,000) square feet. Not less than eighty (80) percent of the lots shall have an area of twelve thousand seven hundred (12,700) feet and no lot shall have an area of less than nine thousand (9,000) square feet.

         b.   Minimum lot frontage will be seventy (70) feet except a minimum frontage of forty-five (45) feet may be permitted at the end of a cul-de-sac.

         c.   Minimum average lot width will be seventy (70) feet.

      2.   When the average cross slope is between twenty-six (26) percent and forty (40) percent, design requirements for lots are as follows:

         a.   The average minimum lot area for the entire subdivided area will be twenty-five thousand (25,000) square feet. Not less than eighty (80) percent of the lots shall have a minimum area of twenty-eight thousand (28,000) square feet and no lot shall have an area of less than fourteen thousand (14,000) square feet.

         b.   Minimum lot frontage will be one hundred (100) feet except a minimum frontage of fifty- five (55) feet may be permitted at the end of a cul-de-sac. The city council may approve panhandle lots in exceptional cases where it is impractical to serve an isolated lot by a public street. The frontage of a panhandle lot shall have a minimum width of twenty-five (25) feet providing an access strip between two (2) regular lots to the isolated building site. The area of such strip shall be excluded in computing the lot area and width, and the length of such strip shall not exceed three hundred (300) feet.

         c.   Minimum average lot width will be one hundred (100) feet.

      3.   When the average cross slope is greater than forty (40) percent, design requirements for lots are as follows:

         a.   The average minimum lot area for the entire subdivided area will be one (1) acre. Not less than eighty (80) percent of the lots shall have a minimum area of forty-eight thousand (48,000) square feet and no lot shall have an area less than twenty-five thousand (25,000) square feet.

         b.   Minimum lot frontage will be one hundred forty (140) feet except a minimum frontage of seventy (70) feet may be permitted at the end of a cul-de-sac. In exceptional cases, flag lot may be permitted as provided for in Sec. 5-4.18.

         c.   Minimum average lot width will be one hundred thirty (130) feet.

   D.   Front setback. Within the city limits, setback requirements for steep slope lots shall conform to the requirements of chapter four, article two district development standards.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The purpose of infrastructure improvement standards is to insure that all new development is served at sufficient levels of service. Land shall not be approved for development unless and until adequate public facilities exist or provision has been made for the following essential public facilities: water service, wastewater treatment and disposal, transportation and stormwater management. Public facilities shall be provided in a manner that is consistent with the Comprehensive Plan, the UDO and other standards adopted by the City.

   A.   New development shall provide adequate facilities and services, including required easements, to accommodate demands from proposed development in conformance with the minimum standards established in this chapter and other design standards and specifications adopted by the City.

   B.   Unconstructed improvements shall be guaranteed prior to the recording of the Final Plat.

   C.   New development shall be phased at a pace that will ensure the provision of adequate community facilities and services for proposed and future development.

   D.   Each development project shall be designed so that the project is capable of functioning effectively and independently at completion of each phase.

   E.   Adequate transportation, water, and wastewater infrastructure shall be provided concurrently with new development and shall be designed and constructed in conformance with applicable City standards.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Where the installation of public improvements is required, and the City determines that installation at the time of development would conflict with a planned project, a fee in lieu may be permitted. All right-of-way dedication and easements shall be dedicated to the City for the completion and maintenance of future improvements. All fees collected by the City pursuant to this section shall be deposited in a city fund to be used for construction of public improvements for which the fee is collected.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The City is authorized to require installation of oversized utilities and the extension of utilities to adjacent property when the city deems the oversizing and/or extension to be in the interest of future development. If the installation of oversized improvements is required, the city must reimburse the developer for the oversizing at rates set by the city according to the terms of an executed utility participation agreement.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Proposed public improvements shall conform to and be properly related to the City of Marion Comprehensive Land Use Plan, Comprehensive Transportation Plan, and applicable facility and capital improvements plans.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The City or its authorized agent shall inspect public improvements to ensure that such improvements are constructed to City standards and specifications prior to acceptance of those improvements.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Original applicants and all subsequent applicants and developers are responsible for the construction, installation, and maintenance of all improvements in accordance with the standards in this chapter and other standards and specifications adopted by City Council unless otherwise dedicated to the City pursuant to Sec. 3-2.12.

   B.   If the applicant files a final plat for only a portion of the subdivision for which a preliminary plat was approved, the improvements required to be constructed, installed, and maintained in accordance with the recorded plat must be those improvements that the city deems necessary to serve the lots shown on the final plat.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   All development-related improvements must have a warranty guaranteeing the work against defects for a period of one (1) year from the date of warranty period from commencement of the infrastructure system.

   B.   The warranty shall list the City as a beneficiary prior to acceptance.

   C.   A warranty surety shall be provided in an amount of 15% of the estimated value of the warranted development-related improvements. The surety shall expire six (6) months after the expiration of the warranty period.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Building space. All lots shall provide adequate building space in accordance with the development standards contained in Article 8 of the Watershed Protection Ordinance. Lots which are smaller than the minimum required for residential lots may be developed using built-upon area criteria in accordance with Article 8 of the Watershed Protection Ordinance.

   B.   Total project area. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

   C.   Storm water drainage facilities. The application shall be accompanied by a description of the proposed method of providing storm water drainage. The applicant shall provide a drainage system that diverts stormwater runoff away from surface waters and incorporates best management practices to minimize water quality impacts.

   D.   Erosion and sedimentation control. The application shall, where required, be accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted to and approved by the N.C. Division of Land Quality.

   E.   Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality.

(Ord. No. O-21-06-15-5, §1, 6-15-21)