Minnesott Beach City Zoning Code
SUBDIVISION REGULATIONS
§ 151.285 TITLE.
(Ord. passed 2-10-2009, § 14.1)
§ 151.286 PURPOSE.
(A) The purpose of this subchapter is to establish procedures and standards for the development and subdivision of land within the territorial jurisdiction of the town.
(B) It is further designed to provide for the orderly growth and development of the town; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights-of-way or easements for street and utility purposes; and for the 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.
(C) This subchapter is designed to further facilitate adequate provision of water, sewerage, parks, schools and playgrounds and also to facilitate the further resubdivision of larger tracts into smaller parcels of land.
(Ord. passed 2-10-2009, § 14.2)
§ 151.287 AUTHORITY.
This subchapter is hereby adopted under the authority and provisions of the G.S. § 160D-801.
(Ord. passed 2-10-2009, § 14.3; Ord. passed - -2021)
§ 151.288 JURISDICTION.
The regulations contained herein, as provided in G.S. § 160D-801, shall govern each and every subdivision within the town and its extraterritorial jurisdiction as shown on the official extraterritorial boundary map, if applicable.
(Ord. passed 2-10-2009, § 14.4; Ord. passed - -2021)
§ 151.289 PREREQUISITE TO PLAT RECORDATION.
After the effective date of this ordinance, each individual subdivision plat of land within the town’s jurisdiction shall be considered by the Town Commissioners on recommendation of the Planning Board of the town.
(Ord. passed 2-10-2009, § 14.5)
§ 151.290 ACCEPTANCE OF STREETS.
No street shall be maintained by the town nor street dedication accepted for ownership and maintenance in any subdivision for which a plat is required to be approved unless and until the final plat has been approved by the Town Commissioners.
(Ord. passed 2-10-2009, § 14.6)
§ 151.291 ZONING AND OTHER PLANS.
Similarly, proposed subdivisions must comply in all respects with the requirements of other subchapters of the Unified Development Ordinance in effect in the area to be subdivided and any other officially adopted plans.
(Ord. passed 2-10-2009, § 14.7)
§ 151.305 GENERAL PROCEDURE FOR PLAT APPROVAL.
(A) After the effective date of this ordinance, no subdivision plat of land within the town’s jurisdiction shall be filed or recorded until it has been submitted to and approved by the Town Commissioners as set forth in § 151.289, and until this approval is entered in writing on the face of the plat by the Mayor and attested by the Town Clerk.
(B) The Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the town that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this section.
(Ord. passed 2-10-2009, § 14.8)
§ 151.306 STATEMENT BY OWNER.
The owner of land shown on a subdivision plat submitted for recording, or his or her authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the subdivision regulation jurisdiction of any city.
(Ord. passed 2-10-2009, § 14.9)
§ 151.307 EFFECT OF PLAT APPROVAL ON DEDICATIONS.
(A) Pursuant to G.S. § 160D-806, the approval of a plat shall not be deemed to constitute or effect the acceptance by the municipality or public of the dedication of any street or other ground, public utility line or other public facility shown on the plat. However, the Town Commissioners may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction.
(B) Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the town shall not place on the town any duty to open, operate, repair or maintain any street, utility line or other land or facility, and the town shall in no event be held to answer in any civil action or proceeding for failure to open, repair or maintain any street located outside its corporate limits.
(Ord. passed 2-10-2009, § 14.10; Ord. passed - -2021)
§ 151.308 SEPARABILITY.
Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, the decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. passed 2-10-2009, § 14.12)
§ 151.309 VARIANCES.
Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this ordinance would cause an unnecessary hardship, the Town Commissioners may authorize a variance to the terms of this ordinance only to the extent that is absolutely necessary and not to an extent which would violate the intent of this ordinance.
(Ord. passed 2-10-2009, § 14.13)
§ 151.310 AMENDMENTS.
(A) The Town Commissioners may from time to time amend the terms of this ordinance but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 30 days from the time the proposed amendment is submitted to it within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have recommended approval of the amendment.
(B) The governing body shall adopt no amendment until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the area at least once a week for two successive calendar weeks prior to the hearing. The initial notice shall appear not more than 25 or less than ten days prior to the hearing date. In computing the ten-day period, the date of publication is not to be counted, but the date of the hearing is.
(Ord. passed 2-10-2009, § 14.14)
§ 151.311 ABROGATION.
(A) It is not intended that this ordinance repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements or permits previously adopted or issued pursuant to law.
(B) However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall govern.
(Ord. passed 2-10-2009, § 14.15)
§ 151.312 REPEAL OF CONFLICTING ORDINANCES.
All existing ordinances in conflict with this ordinance are hereby repealed to the extent necessary to give this ordinance full force and effect.
(Ord. passed 2-10-2009, § 14.16)
§ 151.325 PLAT SHALL BE REQUIRED ON ANY SUBDIVISION OF LAND.
Pursuant to G.S. § 160D-804, a final plat shall be prepared, approved and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place.
(Ord. passed 2-10-2009, § 14.17; Ord. passed - -2021)
§ 151.326 APPROVAL PREREQUISITE TO PLAT RECORDATION.
Pursuant to G.S. § 160D-803, no final plat of a subdivision within the jurisdiction of the town as established in § 151.288 of this ordinance shall be recorded by the Register of Deeds of the county until it has been approved by the Town Commissioners as provided herein. To secure approval of a final plat, the subdivider shall follow the procedures established in this subchapter.
(Ord. passed 2-10-2009, § 14.18; Ord. passed - -2021)
§ 151.327 PROCEDURES FOR REVIEW OF MAJOR AND MINOR SUBDIVISIONS.
(A) All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this section. Major subdivisions shall be reviewed in accordance with the procedures in §§ 151.330 through 151.333. Minor subdivisions shall be reviewed in accordance with the provisions in § 151.328.
(B) A MINOR SUBDIVISION is a subdivision that meets the following requirements to qualify for expedited review under § 151.328.
(1) The tract or parcel to be divided is not exempted under G.S. § 160D-802(a)(2).
(2) No part of the tract or parcel to be divided has been divided under this division in the ten 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:
(a) All lot dimension size requirements of all applicable land-use regulations, if any.
(b) The use of the lots is in conformity with all applicable zoning requirements, if any.
(c) A permanent means of ingress and egress is recorded for each lot.
(Ord. passed 2-10-2009, § 14.19; Ord. passed 7-6-2022, § 2.25)
§ 151.328 PROCEDURE FOR REVIEW OF MINOR SUBDIVISIONS.
(A) Prior to any conveyance of property and the issuance of any building permit, the subdivider of a tract eligible for the abbreviated procedure shall submit to the Zoning Administrator and have approved a final plat. The final plat shall meet the requirements set out in § 151.335 for the contents and specifications of a final plat, where applicable.
(B) Timing of final plat submission. The subdivider shall submit the final plat so marked not less than seven days prior to the Planning Board meeting at which it will be reviewed.
(C) Final plat preparation. A registered land surveyor currently licensed and registered in the state by the State Board of Registration for Professional Engineers and Land Surveyors shall prepare the final plat. The final plat shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. § 47-30 and the Standards of Practice for Land Surveying in North Carolina.
(D) Final plat; number of copies. Nine copies of the final plat shall be submitted, two of these shall be on reproducible material; seven shall be black or blue line paper prints. Materials and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds. In addition, one electronic copy shall be submitted to the town clerk in PDF format.
(E) Final plat; size. The final plat shall be of a size suitable for recording with the County Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(F) Final plat; filing fee. A filing fee, paid by the subdivider, in accordance with the approved town fee schedule, shall accompany submission of the final plat.
(H) Final plat; certificates. The following signed certificates shall appear on all nine copies of the final plat.
(1) Certificate of ownership and dedication.
I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Minnesott Beach and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted.
___________________________
Owner/Date
(2) Certificate of survey and notary. There shall appear on each plat a certificate of survey and notary in accordance with the current version of G.S. § 47-30.
(3) Certificate of wastewater system approval. If septic tanks or on-site wastewater systems are to be used in the subject subdivision, then the following certificate is required:
A valid septic system improvement permit will be obtained for each lot of the subdivision prior to the transfer, sale, building or making any improvement of the lot.
____________________________
Owner/Date
(I) Planning Board review. The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least seven days after the Town Clerk receives the final plat and shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within 45 days of its first consideration of the plat.
(J) Planning Board survey. During its review of the final plat, the Planning Board may appoint an engineer or surveyor to confirm the accuracy of the final plat if agreed to by the Town Commissioners. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until the errors have been corrected.
(K) Planning Board decisions. If the Planning Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the Town Commissioners.
(L) Conditional approval. If the Planning Board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one print of the plat for its minutes, return its written recommendation and two reproducible copies of the plat to the subdivider, and transmit one print of the plat and its written recommendation to the Town Commissioners. Any condition of approval shall not include a requirement of a developer to bury a power line existing above ground and outside of the boundaries of the parcel of land that contains the subdivision or property.
(M) Disapproval.
(1) If the Planning Board recommends disapproval of the final plat, it shall instruct the subdivider concerning resubmission of a revised plat and the subdivider may make changes as will bring the plat into compliance with the provisions of this ordinance, and resubmit same for reconsideration by the Planning Board.
(2) The subdivider has the option of appealing the decision directly to the Town Commissioners.
(N) Failure to make recommendation. Failure of the Planning Board to make a written recommendation within 45 days after its first review shall constitute grounds for the subdivider to apply to the Town Commissioners for approval.
(O) Town Commissioner review. If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or if the subdivider appeals to the Town Commissioners, the Town Commissioners shall review and approve or disapprove the final plat within 65 days after the plat and the Planning Board's recommendations have been received.
(P) Certificate of approval. If the Town Commissioners approve the final plat, the approval shall be shown on each copy of the plat by the following signed certificate:
Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations of the Town of Minnesott Beach, North Carolina and that this plat has been approved by the Board of Commissioners of the Town of Minnesott Beach for recording in the office of the Register of Deeds of Pamlico County.
__________________________________________ ___________
Mayor, Town of Minnesott Beach, NC Date
(Q) Denial of approval. If the Town Commissioners do not approve the final plat, the reasons for the disapproval shall be stated in writing, specifying the provisions of this chapter with which the final plat does not comply. The Town Commissioners shall retain one copy of the reasons and one print of the plat as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and Town Commissioners or by the Town Commissioners as determined by the Town Commissioners.
(R) Plat approval. If the final plat is approved by the Town Commissioners, the original tracing and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the Town Clerk, and one print shall be returned to the Planning Board for its records.
(S) Plat filing. The subdivider shall file the approved final plat with the Register of Deeds of the county within 60 days of the Town Commissioners' approval; otherwise, the approval shall be null and void.
(Ord. passed 2-10-2009, § 14.20; Ord. passed 7-6-2022, § 2.26)
§ 151.329 SKETCH PLAN FOR MAJOR SUBDIVISIONS.
(A) Number of copies and contents. Prior to the preliminary plat submission, the subdivider shall submit to the Planning Board seven copies of a sketch plan of the proposed subdivision containing the following information:
(1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways;
(2) The boundaries of the tract and the portion of the tract to be subdivided;
(3) The total acreage to be subdivided;
(4) The existing and proposed uses of the land within the subdivision and the existing uses of land adjoining it;
(5) The proposed street layout with approximate pavement and right-of-way width, lot layout and size of lots;
(6) The name, address and telephone number of the owner;
(7) The name, if any, of the proposed subdivision;
(8) The streets and lots of adjacent developed or platted properties;
(9) The zoning classification of the tract and of adjacent properties; and
(10) The boundaries of any floodway and floodway fringe areas in the subdivision from federal emergency management maps.
(B) Submission and review procedure. The sketch plan shall be submitted at least seven days prior to the Planning Board meeting at which it will be reviewed. The Planning Board shall review the sketch plan for general compliance with the requirements of this ordinance and shall advise the subdivider or his or her authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats.
(C) Retention of sketch plan. One copy of the sketch plan shall be retained as a part of the minutes of the Planning Board and one copy shall be returned to the subdivider or his or her authorized agent.
(Ord. passed 2-10-2009, § 14.21)
§ 151.330 REVIEW BY OTHER AGENCIES.
(A) After receiving preliminary approval of the sketch plan from the Planning Board, the developer shall submit copies of the preliminary plat and any accompanying material required to other officials and agencies concerned with new development including, where applicable, but not limited to:
(1) The town representative(s) responsible for street maintenance and public works;
(2) The County Health Department;
(3) The District Engineer of the State Department of Transportation (four copies); and
(4) The County Soil Conservation Service, for review and recommendation.
(B) Approvals from the requisite agencies are a required part of the preliminary plat submission.
(Ord. passed 2-10-2009, § 14.22)
§ 151.331 PRELIMINARY PLAT FOR MAJOR SUBDIVISIONS.
(A) Submission procedure. For every subdivision within the territorial jurisdiction established by § 151.288, which does not qualify for the abbreviated procedure of § 151.327(B), the subdivider shall submit a preliminary plat which shall be reviewed by the Planning Board and approved by the Town Commissioners before any construction or installation of improvements may begin.
(B) Submission; number of copies. Nine copies of the preliminary plat (as well as any additional copies, which need to be sent to other agencies) as well as one electronic copy in PDF format shall be submitted to the Town Clerk at least seven days prior to the Planning Board meeting at which the subdivider desires the Planning Board to review the preliminary plat.
(C) Filing fee. A filing fee, paid by the subdivider, in accordance with the approved town fee schedule, shall accompany submission of the preliminary plat.
(E) Review procedure. The Planning Board shall review the preliminary plat at or before its next regularly scheduled meeting, which follows at least seven days after the Board receives the preliminary plat and the comments from the appropriate agencies.
(F) Planning Board decision. The Planning Board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance or disapproval with reasons within 45 days of its first consideration of the plat.
(G) Approval. If the Planning Board recommends approval of the preliminary plat, it shall retain one copy of the plat for its minutes and transmit two copies of the plat to the Town Commissioners with its recommendation.
(H) Conditional approval. If the Planning Board recommends conditional approval of the preliminary plat, it shall keep one copy of the plat for its minutes, transmit two copies of the plat and its recommendation to the Town Commissioners, and return the remaining copy of the plat and its recommendation to the subdivider.
(I) Disapproval. If the Planning Board disapproves the preliminary plat, it shall retain one copy of the plat for its minutes, transmit one copy of the plat and its recommendation to the Board of Commissioners, and return one copy of the plat and its recommendation to the subdivider. If the plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat, or appeal the decision to the Town Commissioners.
(J) Failure to make recommendation. Failure of the Planning Board to make a written recommendation within 45 days after its first consideration shall constitute grounds for the subdivider to apply to the Town Commissioners for approval.
(K) Town Commissioner decision; approval. If the Town Commissioners approves the preliminary plat, the approval shall be noted on two copies of the plat. The Town Commissioners shall retain one copy of the plat and one copy shall be returned to the subdivider.
(L) Town Commissioner decision; approval with conditions. If the Town Commissioners approve the preliminary plat with conditions, approval shall be noted on two copies of the plat along with a reference to the conditions. The Town Commissioners shall retain one copy of the plat along with the conditions and one copy of the preliminary plat along with the conditions shall be returned to the subdivider.
(M) Town Commissioner decision; disapproval. If the Town Commissioners disapprove the preliminary plat, the reasons for the disapproval shall be specified in writing. The Town Commissioners shall retain one copy of the plat and the reasons and one copy of the plat and the reasons shall be returned to the subdivider.
(Ord. passed 2-10-2009, § 14.23)
§ 151.332 FINAL PLAT FOR MAJOR SUBDIVISIONS.
(A) Upon approval of the preliminary plat by the Town Commissioners, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this ordinance.
(B) Prior to approval of a final plat by the Town Commissioners, the subdivider shall have installed the improvements specified in this ordinance or guaranteed their installation as provided herein.
(C) The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time. The portion shall conform to all requirements of this ordinance. The first final plat shall be submitted within 18 months and the last final plat within 60 months after the date on which the preliminary plat was approved; otherwise, the preliminary plat shall become null and void unless an extension of time is applied for and granted by the Town Commissioners before the date on which the preliminary plat would become null and void.
(D) Information required for final plat submissions is included in § 151.335.
(Ord. passed 2-10-2009, § 14.24)
§ 151.333 IMPROVEMENTS GUARANTEES.
(A) Agreement and security required. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once the agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Town Commissioners if all other requirements of this ordinance are met. To secure this agreement, the subdivider shall provide, subject to the approval of the Town Commissioners, either one
or a combination of the following guarantees, not exceeding one and one-fourth times the entire cost as provided herein:
(1) Surety performance bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in the state. The bonds shall be payable to the town and shall be in an amount equal to one and one-fourth times the entire cost, as estimated by the subdivider and approved by the Town Commissioners, of installing all required improvements. The duration of the bond(s) shall be until a time as the Town Commissioners accept the improvements.
(2) Cash or equivalent security. The subdivider shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution licensed to do business in the state of North Carolina. The use of any instrument other than cash shall be subject to the approval of the Town Commissioners. The amount of deposit shall be equal to one and one-fourth times the cost, as estimated by the subdivider and approved by the Town Commissioners, of installing all required improvements.
(B) Security requirements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Town Commissioners an agreement between the financial institution and himself or herself guaranteeing the following:
(1) The escrow account should be held in trust until released by the Town Commissioners and may not be used or pledged by the subdivider in other matters during the term of escrow; and
(2) In the case of a failure on the part of the subdivider to complete the improvements, the financial institution shall, upon notification by the Town Commissioners and submission by the Town Commissioners to the financial institution of an engineer’s estimate of the amount needed to complete the improvements, immediately either pay to the town the funds needed to complete the improvement, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
(C) Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the Town Commissioners, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the Town Commissioners, in its discretion, may expend a portion of the funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements.
(D) Release of guarantee security. The Town Commissioners may release a portion of any security posted as the improvements are completed. Within 45 days, the Town Commissioners shall approve or disapprove the improvements. If the Town Commissioners approve the improvements, then they shall immediately release any security posted on that portion.
(E) Defects guarantee. The Town Commissioners shall require a bond from the subdivider guaranteeing utility taps, curbs, gutters, street construction including pavement, sidewalks, drainage facilities, seeding and grading of road shoulders, water and sewer lines and other required improvements for one year. The one year shall begin from the date of approval of improvements by the Town Commissioners.
(Ord. passed 2-10-2009, § 14.25; Ord. passed 7-6-2022, § 2.27)
§ 151.334 SUBMISSION PROCEDURE.
(A) The subdivider shall submit the final plat, so marked, not less than seven days prior to the Planning Board meeting at which it will be reviewed.
(B) A registered land surveyor currently licensed and registered in the state by the State Board of Registration for Professional Engineers and Land Surveyors shall prepare the final plat. The final plat shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. § 47-30 and the Standards of Practice for Land Surveying in North Carolina.
(C) Nine copies of the final plat shall be submitted; two of these shall be on reproducible material; seven shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the County Register of Deeds. One electronic copy shall be submitted in PDF format.
(D) The final plat shall be of a size suitable for recording with the County Register of Deeds and shall be at a scale of not less than one inch equals 200 feet. Maps may be placed on more than one sheet with appropriate match lines.
(E) A filing fee, paid by the subdivider, in accordance with the approved town fee schedule, shall accompany submission of the final plat.
(F) The final plat shall meet the specifications in § 151.335.
(G) The following signed certificates shall appear on all copies of the final plat:
(1) Certificate of ownership and dedication.
I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Minnesott Beach and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines and dedicate all streets, alleys, walks, parks and other sites and easements to public or private use as
noted. Furthermore I hereby dedicate all sanitary sewers, storm sewers and water lines to the Town of Minnesott Beach or as the town shall designate.
Owner/Date
(2) Certificate of survey and notary. The certificates of survey and notary shall appear on each plat in conformance with the current version of G.S. § 47-30.
(3) Certificate of approval of street design.
This is to certify that the street design specifications shown on this subdivision map have been examined and found to be in accordance with the minimum right-of-way and construction standards established by the Secondary Roads Council of the North Carolina Department of Transportation for acceptance on the State Highway System.
This day of , 20 .
District Engineer NC Dept. of Transportation
(4) Certificate of wastewater systems approval. If septic tanks or other on-site wastewater systems are to be used in the subdivision, the following certificate is required:
A valid septic system improvement permit will be obtained for each lot of the subdivision prior to the transfer, sale, building or making improvement of the lot.
Owner/Date
(H) The Planning Board shall review the final plat at or before its next regularly scheduled meeting which follows at least seven days after the Planning Board Chairperson receives the completed final plat and shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within 45 days of its first consideration of the plat.
(I) During its review of the final plat, the Planning Board may appoint a registered land surveyor to confirm the accuracy of the final plat (if agreed to by the Town Commissioners). If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be recommended for approval until the errors have been corrected.
(J) If the Planning Board recommends approval of the final plat, it shall transmit all copies of the plat and its written recommendations to the Town Commissioners.
(K) If the Planning Board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one print of the plat for its minutes, return its written recommendations and two reproducible copies of the plat to the subdivider and transmit one print of the plat and its written recommendation to the Town Commissioners.
(L) If the Planning Board recommends disapproval of the final plat, it shall instruct the subdivider concerning resubmission of a revised plat and the subdivider may make changes as will bring the plat into compliance with the provisions of this ordinance, and resubmit same for reconsideration by the Planning Board. The subdivider has the option to appeal the decision to the Town Commissioners.
(M) Failure of the Planning Board to make a written recommendation within 45 days shall constitute grounds for the subdivider to apply to the Town Commissioners for approval.
(N) If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Town Commissioners, the Town Commissioners shall review and approve or disapprove the final plat within 65 days after the plat and recommendations of the Planning Board have been received.
(O) If the Town Commissioners approves the final plat, the approval shall be shown on each copy of the plat by the following signed certificate:
Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations of the Town of Minnesott Beach, North Carolina and that this plat has been approved by the Town Commissioners of the Town of Minnesott Beach for recording in the office of the Register of Deeds of Pamlico County.
Mayor
Town of Minnesott Beach, North Carolina
Date
(P) If the Town Commissioners disapproves the final plat, the reasons for the disapproval shall be stated in writing, specifying the provisions of this ordinance with which the final plat does not comply. The Town Commissioners shall retain one copy of the reasons and one print of the plat as part of its proceedings; one copy of the reasons and three copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and Town Commissioners or by the Town Commissioners as determined by the Town Commissioners.
(Q) If the Town Commissioners approve the final plat, the original tracing of the final plat and one print of the plat shall be retained by the subdivider. One reproducible tracing and one print shall be filed with the Town Clerk, and one print shall be returned to the Planning Board for its records.
(R) The subdivider shall file the approved final plat with the Register of Deeds of the county within 60 days of the Town Commissioners’ approval; otherwise, the approval shall be null and void.
(Ord. passed 2-10-2009, § 14.26)
§ 151.335 INFORMATION REQUIREMENTS FOR PRELIMINARY AND FINAL PLATS.
(A) Summary. Except where specifically noted, preliminary and final plat submissions shall contain the following information:
(1) Title block;
(2) Site sketch;
(3) Street data;
(4) Public and utility data;
(5) Utility plans; and
(6) Site calculations and comparative statistics.
(B) Title block. The title block of both preliminary and final plats shall include the following:
(1) Property designation;
(2) Name of owner;
(3) Location including township, county and state;
(4) Date or dates survey was conducted and plat prepared;
(5) A scale of drawing in feet per inch listed in words or figures;
(6) A bar graph;
(7) Name, address, registration number and seal of the registered land surveyor; and
(8) Any other information requested by the Town Planning Board and/or Town Commissioners.
(C) General information. Both the preliminary and final plat submissions shall include the following unless otherwise noted:
(1) The name of the subdivider;
(2) A sketch vicinity map showing the relationship between the proposed subdivision and surrounding area;
(3) Corporate limits, township boundaries, county lines, if on the subdivision tract;
(4) The names, addresses and telephone numbers of all owners, mortgagees, registered land surveyors, land planners, architects, landscape architects and professional engineers responsible for the subdivision;
(5) The registration numbers and seals of the professional engineers and land surveyors;
(6) Date of plat preparation;
(7) North arrow and orientation;
(8) For the preliminary plat submission: the boundaries of the tract or portion thereof to be subdivided, distinctly and accurately represented with all bearings and distances shown;
(9) For all final plat submissions: the exact boundary lines of the tract to be subdivided, fully dimensioned by lengths and bearings, and the location of existing boundary lines of adjoining lands;
(10) The names of owners of adjoining properties;
(11) The names of any adjoining subdivisions of record or proposed and under review;
(12) Minimum building setback lines;
(13) The zoning classifications of the tract to be subdivided and adjoining properties;
(14) Existing property lines on the tract to be subdivided and on adjoining properties;
(15) Existing buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and land immediately adjoining;
(16) Proposed lot lines, lot and block numbers and approximate dimensions;
(17) For final plat submissions: the lots numbered consecutively throughout the subdivision;
(18) Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or streambeds and any other natural features affecting the site;
(19) The exact location of the flood hazard areas from the appropriate Federal Emergency Management Agency maps; and
(20) Any other information requested by the Town Planning Board and/or Town Commissioners.
(D) Street data. The street data for both the preliminary and final plat submission shall, unless otherwise noted, contain the following information:
(1) Proposed streets;
(2) Existing and platted streets on adjoining properties and in the proposed subdivision;
(3) Location and dimensions of all rights-of-way;
(4) Pavement widths;
(5) Approximate grades;
(6) The preliminary plat shall include approximations of all corners and curves in the drawings. Final plat submissions shall contain sufficient engineering data to determine readily and reproduce on the ground every straight or curved line, street line, lot line, right-of-way line, easement line and setback line, including dimensions, bearings or deflection angles, radii, central angles and tangent distances for the centerline of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute;
(7) Typical street cross-sections;
(8) Street names;
(9) Public streets dedicated to the town; see § 151.354(C);
(10) Public streets not dedicated to the town but accepted by the state highway system; see § 151.354(D);
(11) Public streets not dedicated to the town and not eligible for the state highway system; see § 151.354(E);
(12) Street maintenance agreement in accordance with § 151.354(E) of this ordinance;
(13) Intersection with state maintained highway approval shall be obtained prior to preliminary plat submission; § 151.354(F);
(14) Evidence that the subdivider has obtained approval shall be included in the preliminary plat submission and proof that this approval is still in effect shall be included with all final plat submissions; and
(15) Any other information requested by the Town Planning Board and/or Town Commissioners.
(E) Public use data. The public use data for both the preliminary and final plat submission shall, unless otherwise noted, contain the location and dimensions of the following:
(1) Riding trails;
(2) Natural buffers;
(3) Pedestrian or bicycle paths;
(4) Parks and recreation areas with specific type indicated;
(5) School sites;
(6) Areas to be dedicated to or reserved for public use;
(7) Areas to be used for purposes other than residential with purpose of each stated;
(8) The future ownership (dedication or reservation for public use to governmental body, for owners to duly constituted homeowner’s association, or for tenants remaining in subdivider’s ownership) of recreation and open space lands shall be indicated on the preliminary plat and a copy of the instrument shall be included with final plat submissions; and
(9) Any other information requested by the Town Planning Board and/or Town Commissioners.
(F) Utility data. The utility data for both the preliminary and final plat submission shall, unless otherwise noted, contain the following information:
(1) Utility and other easements;
(2) Sanitary sewers, prepared by a registered engineer;
(3) Storm sewers, prepared by a registered engineer;
(4) Other drainage facilities, if any, prepared by a registered engineer, except incidental drainage; required for final plat submissions only for minor subdivisions;
(5) Water distribution lines, prepared by a registered engineer illustrating connections to existing systems, showing line sizes, the location of fire hydrants, blowoffs, manholes, force mains and gate valves;
(6) Natural gas lines;
(7) Telephone lines;
(8) Electric lines;
(9) Plans for individual water supply and sewage disposal systems, if any;
(10) Profiles based upon mean sea level datum for sanitary sewers and storm sewers are only required for preliminary plat submission; and
(11) Any other information requested by the Town Planning Board and/or Town Commissioners.
(G) Site calculations and comparative statistics. The site calculation and comparative statistics for both the preliminary and final plat submission shall, unless otherwise noted, contain the following information:
(1) Acreage in total tract to be subdivided;
(2) Acreage in parks and recreation areas and other nonresidential uses;
(3) Number of parcels created by type of parcel and total number created;
(4) Acreage in the smallest lot in the subdivision;
(5) Linear feet in streets;
(6) The name and location of any property or buildings within the proposed subdivision or within any contiguous property that is located on the U.S. Department of Interior’s National Register of Historic Places;
(7) The accurate locations and descriptions of all monuments, markers and control points shall be included only in final plat submissions;
(8) A copy of any proposed deed restrictions or similar covenants. These restrictions are mandatory when private recreation areas are established;
(9) A copy of the erosion control plan submitted to the appropriate authority, if a plan is required;
(10) Topographic map with contour intervals of no greater than two feet at a scale of no less than one inch equals 200 feet;
(11) All applicable certifications required in §§ 151.328(K) or 151.334(G);
(12) Any other information considered by the subdivider, Planning Board or Town Commissioners to be pertinent to the review of the plat;
(13) Seals and telephone numbers of the professional engineers and land surveyors; and
(14) Any other information requested by the Town Planning Board and/or Town Commissioners.
(Ord. passed 2-10-2009, § 14.27)
§ 151.336 RECOMBINATION OF LAND.
(A) Any plat or any part of any plat may be vacated by the owner at any time before the sale of any lot in the subdivision by a written instrument to which a copy of the plat shall be attached, declaring the same to be vacated.
(B) (1) The instrument shall be approved by the same agencies as did approve the final plat.
(2) The governing body may reject any instrument, which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.
(C) The instrument shall be executed, acknowledged or approved and recorded and filed in the same manner as a final plat; and being duly recorded or filed, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in the plat.
(D) When lots have been sold, the plat may be vacated in the manner provided in divisions (A) through (C) above by all owners of the lots in the plat joining in the execution of the writing.
(Ord. passed 2-10-2009, § 14.28)
§ 151.337 RESUBDIVISION PROCEDURES.
For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision.
(Ord. passed 2-10-2009, § 14.29)
§ 151.350 GENERAL.
Each subdivision shall contain the improvements specified in this subchapter, which shall be installed in accordance with the requirements of this ordinance and paid for by the subdivider, unless other means of financing is specifically stated in this ordinance. Land shall be dedicated and reserved in each subdivision as specified in this subchapter. Each subdivision shall adhere to the minimum standards of design established by this subchapter.
(Ord. passed 2-10-2009, § 14.30)
§ 151.351 SUITABILITY OF LAND.
(A) Safety exclusion. Land, which has been determined by the Town Commissioners on the basis of engineering or other expert surveys to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose, unless and until the subdivider has taken the necessary measures to correct the conditions and to eliminate the dangers.
(B) Soil toxicity. Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the County Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose provided.
(C) Flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage.
(D) Utilities and flood damage. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(Ord. passed 2-10-2009, § 14.31)
§ 151.352 NAME DUPLICATION.
The name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the county.
(Ord. passed 2-10-2009, § 14.32)
§ 151.353 SUBDIVISION DESIGN.
(A) Blocks.
(1) General considerations. The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of use
contemplated, zoning requirements, needs for vehicular and pedestrian circulation, control and safety of street traffic, limitations and opportunities of topography, and convenient access to water areas.
(2) Length. Blocks shall not be less than 400 feet or more than 1,800 feet in length.
(3) Width. Blocks shall have sufficient width to allow two tiers of lots of minimum depth except where single tier lots are required to separate residential development from through vehicular traffic or another type of use, in nonresidential subdivisions or where abutting a water area.
(4) Crosswalks. Where deemed necessary by the Town Commissioners, a pedestrian crosswalk at least 15 feet in width may be required to provide convenient public access to a public area such as a park or school, to a water area or to areas such as shopping centers, religious or transportation facilities.
(5) Block numbers. Block numbers shall conform to the town street numbering system, if applicable.
(B) Lots.
(1) Conformity to zoning districts. All lots in new subdivisions shall conform to the zoning requirements of the district in which the subdivision is located. Conformance to zoning requirements means, among other things, that the smallest lot in the subdivision must meet all dimensional requirements of this ordinance. It is not sufficient merely for the average lot to meet the dimensional requirements of the zoning district.
(2) Health requirements. Lots shall meet any applicable County Health Department requirements.
(3) Lots; double frontage. Double frontage lots shall be avoided wherever possible.
(4) Side lots. Side lot lines shall be substantially at right angles to or radial to street lines.
(C) Easements.
(1) Utility easements. Easements for underground or aboveground utilities shall be provided, where necessary, across lots or centered on rear or side lot lines and shall be at least 20 feet wide for water and sanitary sewer lines and as required by the companies involved, for telephone, gas and power lines.
(2) Easement sufficiency. The Town Commissioners will determine whether one easement is sufficient or whether several easements are necessary to accommodate the various facilities and the subdivider shall provide the required easements.
(3) Drainage easements. Where a subdivision is traversed by a stream or drainage way, an easement shall be provided conforming to the lines of the stream and of sufficient width as will be adequate for the purpose.
(Ord. passed 2-10-2009, § 14.33)
§ 151.354 STREETS.
(A) Type of street required. All subdivision lots shall abut on a paved public street, except those lots platted on an existing unpaved public street or road. The Town Commissioners shall dedicate all public streets to the town, the state or the public, as determined appropriate.
(B) Minimum standards. All public streets shall be built to the standards of North Carolina Department of Transportation, Division of Highways Subdivision Roads, Minimum Construction Standards, current issue and all other applicable standards of the town and the State Department of Transportation.
(C) Public streets dedicated to the town. Where public streets are involved which will be dedicated to the town, the subdivider must submit all street plans to the Planning Board for review and to the Town Commissioners for approval as part of the preliminary plat approval process.
(D) Public streets not dedicated to the town. Public streets not dedicated to the town which are eligible for acceptance into the state highway system shall be constructed to the standards necessary to be put on the state highway system or the standards in this ordinance, whichever is stricter, in regard to each particular item, and shall be put on the system. The subdivider must submit the following documents to the State Department of Transportation District Highway office for review:
(1) A complete site layout, including any future expansion anticipated;
(2) Horizontal alignment indicating general curve data on site layout plan;
(3) Vertical alignment indicated by percent grade;
(4) PI station and vertical curve length on site plan layout;
(5) The District Engineer may require the plotting of the ground profile and grade line for roads where special conditions or problems exist;
(6) Typical section indicating the pavement design and width and the slopes;
(7) Widths and details for either the curb and gutter or the shoulder and ditch proposed;
(8) Drainage facilities and drainage areas; and
(9) A written maintenance agreement with provisions for maintenance of the street until it is put on the state system shall be included with the final plat.
(E) Streets not dedicated to town and not eligible for state highway system. Streets not dedicated to the town which are not eligible to be put on the state highway system because there are too few lots or residences shall nevertheless be dedicated to the public and shall be in accordance with the standards in this ordinance or the standards necessary to be put on the state highway system, whichever is stricter in regard to each particular item, so as to be eligible to be put on the system at a later date. A written maintenance agreement with provisions for maintenance of the street until it is put on the state system shall be included with the final plat.
(F) Intersection with state maintained road. If any street is proposed to intersect with a state maintained road, the subdivider shall apply for driveway approval as required by the North Carolina Department of Transportation, Division of Highways Manual on Driveway Regulations.
(G) Subdivision street disclosure statement. All streets shown on the final plat shall be designated in accordance with G.S. § 136-102.6 and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or the state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat.
(H) Half-streets. The dedication of half-streets of less than 60 feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impractical, the subdivider shall furnish adequate provision for the concurrent dedication of the remaining half of the street. Where there exists a half-street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than 60 feet of right-of-way is required, a partial width right-of-way, not less than 60 feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider, provided that the width of the partial dedication is such as to permit the installation of the facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full-required right-of-way shall be dedicated.
(I) Marginal access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.
(J) Access to adjacent properties. Where, in the opinion of the Town Commissioners, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of the property and a temporary turnaround provided. The extension dedicated shall have the same right-of-way width as the street being extended.
(K) Nonresidential streets. The subdivider of a nonresidential subdivision shall provide streets in accordance with I. F-4 of the North Carolina Department of Transportation, Division of Highways Subdivision Roads, Minimum Construction Standards and the standards in this ordinance, whichever are stricter in regard to each particular item.
(L) Design standards. The design of all streets and roads within the jurisdiction of this ordinance shall be in accordance with the accepted policies of the State Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway and Transportation Officials (AASHTO) manuals. The current issue of the North Carolina Department of Transportation, Division of Highways Subdivision Roads, Minimum Construction Standards shall apply for any items not included in this ordinance or where stricter than this ordinance.
(M) Intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle less than 60 degrees.
(N) Property lines at intersections. Property lines at intersections should be set so that the distance from the edge of pavement, of the street turnout, to the property line will be at least as great as the distance from the edge of pavement to the property line along the intersecting streets. This property line can be established as a radius or as a sight triangle. Greater offsets from the edge of pavement to the property lines will be required, if necessary, to provide sight distance for the vehicle on the side street.
(O) Offset intersections. Offset intersections are to be avoided unless exception is granted by the Division of Highways or the town as applicable. A minimum length of 200 feet between survey and centerlines should separate intersections, which cannot be aligned.
(P) Cul-de-sacs. Permanent dead end streets should not exceed 500 feet in length unless necessitated by topography or property accessibility and in no case shall be permitted to be over 900 feet. Measurement shall be from the point where the centerline of the dead end street intersects with the center of a through street to the center of the turnaround of the cul-de-sac. Where one cul-de-sac intersects with another cul-de-sac, the end of each cul-de-sac shall be no more than 500 to 900 feet from a through street, measured as stated above. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to the right-of-way line on the street approaching the turnaround. Cul-de-sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless the Town Commissioners grants exception.
(Q) Alleys. Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived where other definite and assured provision is made for service access.
(R) Alleys in residential subdivisions. Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances.
(S) Alley width. The width of an alley shall be at least 20 feet.
(T) Dead end alleys. Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end as may be approved by the Town Commissioners.
(U) Alley alignment and grade. Sharp changes in alignment and grade shall be avoided.
(V) Alley standards. All alleys shall be designated in accordance with the State Department of Transportation standards.
(Ord. passed 2-10-2009, § 14.34)
§ 151.355 STREETS; OTHER REQUIREMENTS.
(A) Through traffic discouraged on residential collector and local streets. Residential collector and local streets shall be laid out in a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools or other places of public assembly.
(B) Sidewalks. The Town Commissioners may require sidewalks on one or both sides of the street in areas likely to be subject to heavy pedestrian traffic such as near schools and shopping areas. The sidewalks shall be constructed to a minimum width of four feet, and shall consist of a minimum thickness of four inches of concrete. All sidewalks shall be placed in the right-of-way, unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings.
(C) Street names. Proposed streets, which are obviously in alignment with existing streets, shall be given the same name. In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court and the like. Street names shall be subject to the approval of the Town Commissioners and the county.
(D) Street name signs. The subdivider shall be required to provide and erect street name signs to town standards at all intersections within the subdivision.
(E) Permits for connection to state roads. An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the Division of Highways.
(F) Offsets to utility poles. Poles for overhead utilities should be located clear of roadway shoulders, preferably a minimum of at least 30 feet from the edge of pavement on major thoroughfares. On streets with curb and gutter, utility poles should be set back a minimum distance of six feet from the face of curb.
(G) Wheelchair ramps. In accordance with G.S. Chapter 136, Article 2A, § 136-44.14, all street curbs in the state being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities or altered for any reason after September 1, 1973, shall provide wheelchair ramps for the physically disabled at all intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian flow.
(H) New bridges. Any proposed new bridge shall conform to State Department of Transportation standards.
(Ord. passed 2-10-2009, § 14.35)
§ 151.356 UTILITIES.
(A) Connection expense. If the subdivision proposes to use county water and/or sanitary sewer system, each lot in a subdivision within the corporate limits of the town shall be provided, at the subdivider’s expense, with an extension of the municipal water and/or sewer systems. The subdivider shall provide a letter from the agency of jurisdiction stating that the subdivider has satisfactorily met any financial requirements for the service extension.
(B) Extraterritorial connections. Each subdivision in the extraterritorial area of the town may be connected at the subdivider’s expense to the water and sanitary sewer systems if approved by the Town Commissioners.
(C) Utilities specifications. Water and sanitary sewer lines, connections and equipment shall be in accordance with the county standards and policies. Water and sewer taps and meters, meter curb boxes and conservation stops shall be installed at the subdivider’s expense on each lot within the subdivision.
(D) Storm water retention plan. The subdivider shall provide a surface water drainage system constructed to the standards of the State Department of Transportation, as reflected in the current issue of the Handbook for the Design of Highway Surface Drainage Structures, subject to review by the Town Commissioners. The plan shall ensure that:
(1) No surface water shall be channeled or directed into a sanitary sewer;
(2) Where feasible, the subdivider shall connect to an existing storm drainage system;
(3) Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage;
(4) Surface drainage courses shall have side slopes of at least three feet of horizontal distance for each one foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the standards and specifications for erosion control of the State Sedimentation Pollution Control Act, Chapter 113A, Article 4 and NCAC Title 15A, Chapter 4, and any locally adopted erosion and sedimentation control ordinances;
(5) The minimum grade along the bottom of a surface drainage course should be a vertical fall of at least one foot in each 200 feet of horizontal distance;
(6) Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity in accordance with the State Sedimentation Pollution Control Act, Chapter 113A, Article 4 and NCAC Title 15A, Chapter 4;
(7) Anyone constructing a dam or impoundment within the subdivision must comply with the State Dam Safety Law of 1967 and NCAC Title 15A, Subchapter 2K; and
(8) In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(E) Electricity. The subdivider shall provide a letter from the appropriate electric utility company stating that the subdivider has satisfactorily met any financial requirements for the new electric substations or power lines.
(Ord. passed 2-10-2009, § 14.36)
§ 151.357 OTHER REQUIREMENTS.
(A) Placement of monuments. Unless otherwise specified by this ordinance, the Standards of Practice for Land Surveying as adopted by the State Board of Registration for Professional Engineers and Land Surveyors, under the provisions of 21 NCAC 56 shall apply when conducting surveys for subdivisions, to determine the accuracy for surveys and placement of monuments, control corners, markers and property corner ties; to determine the location, design and material of monuments, markers, control corners and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.
(B) Construction procedures. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and the appropriate authorities have approved all plans and specifications.
(C) Issue of permits. No building, zoning or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this ordinance until all the requirements of this ordinance have been met. The subdivider, prior to commencing any work within the subdivision, shall provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties.
(D) Oversized improvements. The town may require installation of certain oversized utilities or the extension of utilities to adjacent property when it is in the interest of future development. If the town
requires the installation of improvements in excess of the standards required in this ordinance, including all standards adopted by reference, the town shall pay the cost differential between the improvement required and the standards in this ordinance. The town may recoup this cost through fees.
(Ord. passed 2-10-2009, § 14.37)
§ 151.358 BUFFERING, RECREATION AND OPEN SPACE REQUIREMENTS.
(A) Buffering. Whenever a residential subdivision is located adjacent to an office, institutional, commercial or industrial use, which does not have a buffer or property zoned for these uses, and a buffer is not required between these and the subdivision, the subdivider shall provide a buffer strip as defined in § 151.037. The width of the buffer shall be in addition to the lot area required by the Unified Development Ordinance of the town. The buffer shall become part of the lot on which it is located, or in the case of commonly owned property, shall be deeded to the homeowner’s association.
(B) Recreation and open space. Every person or corporation who subdivides land into ten or more lots for residential purposes may be required to dedicate a portion of the land, as set forth in this ordinance, to the town or a homeowner’s association for the purposes of park, recreation and open space sites to serve the residents of the neighborhood in which the subdivision is located.
(C) Minimum size. The minimum amount of land shall be dedicated for recreation, parks or open space in all subdivisions shall be one-half acre for each subdivision or 5% of the gross acreage, whichever is greater.
(D) Requirements. Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include, but not be limited to, the following, as determined by the Town Commissioners in consultation with the Planning Board and the Recreation Advisory Committee.
(1) Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The Town Commissioners may require that parcels be connected, and may require the dedication of a connecting path of up to 60 feet, and in no case less than 30 feet in width in addition to the land required in division (C) above.
(2) Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.
(3) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. The easement may require being 60 feet in width and shall in no case be less than 30 feet in width.
(4) Usability. The dedicated land shall be usable for active recreation (play areas, ball fields, tennis courts or similar recreation uses). Lakes may not be included in computing the amount of land to be dedicated unless acceptable to the Town Commissioners. If the Town Commissioners determine that other dedicated parcels or existing recreation facilities are meeting active recreation needs, then land that is suitable for open space may be dedicated.
(E) Adjustments. The Town Commissioners may in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this ordinance. The Planning Board and the Recreation Advisory Committee before action by the Town Commissioners shall review the adjustments.
(F) Homeowner’s association. Where parks and recreation space is deeded to a homeowner’s association, the subdivider or owner shall file with the town and record with the final subdivision plat a declaration of covenants and restrictions as well as regulations and bylaws that will govern the open space. Provisions shall include but not be limited to the following:
(1) The association shall be established before the homes are sold;
(2) Membership shall be mandatory for each homebuyer and all successive buyers, unless another arrangement is approved by the locality, which adequately protects the interests of the locality and the owners;
(3) The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities;
(4) Any sums levied by the association that remain unpaid shall become a lien on the individual homeowner’s property which shall be subordinate only to tax and mortgagee liens unless another arrangement is approved by the locality which adequately protects the interests of the locality and the owners;
(5) If all or any portion of the property held by the association is being disposed of, or if the association is dissolved, adequate open space shall be deeded to the locality to satisfy the requirements for public recreation space under this subchapter;
(6) An owner of each dwelling unit shall have voting rights in the association with one vote for each unit owned;
(7) Uses of common property shall be appropriately limited;
(8) The following information shall also be provided:
(a) The name of the association;
(b) The manner in which directors of the association are to be selected;
(c) The number of directors constituting the initial Board of Directors;
(d) The post office address of the initial registered office; and
(e) The name of the city and county in which the registered office is located.
(9) Nothing herein shall be construed to limit the amount of privately controlled open space land, which may be included under this agreement, over and above the recreation and park site obligation.
(Ord. passed 2-10-2009, § 14.38)
§ 151.370 APPLICABILITY.
Any development(s) begun under the previous ordinance shall be permitted to continue under the provisions of that ordinance.
(Ord. passed 2-10-2009, § 14.39)
§ 151.371 PURPOSE.
The purpose of this subchapter is to encourage comprehensive planning of tracts of land of 20 acres or more under single ownership or control, so as to promote the construction and use of the appropriate residential, commercial, retail, marina and recreational areas. Property zoned Residential Mixed Use (R-MU) is subject to the requirements set forth below.
(Ord. passed 2-10-2009, § 14.40)
§ 151.372 PLAT SUBMISSION.
(A) The owner of any property seeking to have the property developed in the R-MU District shall submit a master plan for all property designated (or requested to be designated) as an R-MU development at least 30 days prior to the Planning Board meeting at which the owner desires the Board to review the master plan.
(B) Ten copies of the master plan shall be submitted to the Town Clerk.
(C) The master development plan must show, at a minimum, the following items:
(1) All proposed public or private street rights-of-way and easements;
(2) The proposed location of all single-family dwellings and developments;
(3) The proposed location of all two-family and multi-family developments;
(4) The proposed location of all recreational areas;
(5) The proposed location of all office and professional areas;
(6) The proposed location of all commercial areas;
(7) The proposed location of all utility areas;
(8) The proposed density of development for each site designated for the following uses: single- family residential, two-family residential, multi-family residential, office and professional and commercial. Furthermore, the development plan shall include the gross acreage for the project, and each use therein and the gross residential density (including recreational and open spaces); and
(9) Any other information requested by the Planning Board or Town Commissioners.
(D) The Town Commissioners, following review and recommendation by the Planning Board, may approve the proposed master plan if it determines that it is in the best interest of the town because the plan meets the requirements of § 151.168 and the requirements of this subchapter and represents a comprehensive and coordinated approach to land planning and use of the property so designated. Once the master plan is approved by the Town Commissioners, the applicant may proceed under § 151.374.
(Ord. passed 2-10-2009, § 14.41)
§ 151.373 CHANGE IN PLANS.
The owner of each tract designated as an R-MU development shall be allowed to submit plats for subdivision approval that are inconsistent with the submitted and approved master plan. If the developer chooses to do so they must first re-submit a modified Master Plan for approval indicating the desired changes and detailing the impact on all R-MU specification requirements. Upon approval of the modified Master Plan by the Planning Board and the Town Commissioners, the modified plat, now in conformance with the newly approved Master Plan may be submitted for approval and recordation.
(Ord. passed 2-10-2009, § 14.42; Ord. passed 7-11-2017)
§ 151.374 PLAT APPROVAL.
§ 151.375 WAIVER OF GENERAL SUBDIVISION REQUIREMENTS.
§ 151.376 PERMITS.
Before any building permit is issued within an R-MU development, a storm water management plan must be submitted to and approved by the state in accordance with its coastal storm water rules and regulations.
(Ord. passed 2-10-2009, § 14.45)
§ 151.377 PARKING.
§ 151.999 PENALTY.
(A) General penalty; enforcement and penalties for violations. Violations of the provisions of this ordinance or failure to comply with any of its requirements shall not constitute a misdemeanor as provided in G.S. § 14-4 unless specifically provided in this ordinance. When town staff determines work or activity has been undertaken in violation of a this ordinance or other town development regulation or any state law delegated to the town for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
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(B) Subdivisions; penalties for violation.
(1) After the effective date of this ordinance any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this ordinance, thereafter subdivides his or her land in violation of this ordinance or transfers or sells land by reference to, exhibition of or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this ordinance and recorded in the office of the County Register of Deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance or sale of land and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this ordinance. Building permits required pursuant to G.S. §§ 160D-403 and 160D-1108 may be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct or abate the violation, or to prevent any illegal act or conduct. Further, violations of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4 of up to $500 per day. Each day of violation shall constitute a separate offense.
(2) The provisions of this division shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under this ordinance or recorded with the register of deeds, provided the contract does all of the following:
(a) Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance;
(b) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat;
(c) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat; and
(d) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.
(3) The provisions of this division shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under this ordinance or recorded with the register of deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under this ordinance and recorded with the register of deeds.
(4) Each day’s continuing violation of this ordinance shall be a separate and distinct offense.
(5) Notwithstanding division (B)(4) above, this ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(6) Nothing in this division shall be construed to limit the use of remedies available to the town. The town may seek to enforce this ordinance by using any one, all or a combination of remedies.
(7) Any act constituting a violation of the provisions of §§ 151.285 through 151.291, 151.305 through 151.312, 151.325 through 151.337, 151.350 through 151.358 and 151.370 through 151.377 or a failure to comply with any of its requirements shall also subject the offender to a civil penalty of $500 per day, which includes administrative fees. If the offender fails to correct this violation within ten days after being notified of the violation, the penalty may be recovered in a civil action in the nature of a debt.
(Ord. passed 2-10-2009, §§ 3.19, 14.11; Ord. passed - -2021; Ord. passed 7-6-2022, § 2.29)