Any land area subject to the provisions of this chapter which lies within the floodway, and other land deemed by the Planning Board to be unsuitable shall be prohibited for residential occupancy or for other use that may jeopardize life, health or property, or which may increase the danger to life on property from flood hazard.

(Ord. 2021-02, passed 6-14-2021)

   The following standards for design shall be minimum requirements. Where other official engineering and public works, standards, and specifications are more stringent, such higher standards shall be used.

(Ord. 2021-02, passed 6-14-2021)

   a.   Alleys may be required where it is found that access requirements of Article XIII of the Zoning Ordinance are not adequate.

   b.   The width of an alley serving commercial and industrial areas shall not be less than 20 feet. Deadend alleys shall be provided with adequate turnaround facilities at the deadend as determined by the Planning Board.

   c.   Alleys are not permitted in residential districts except where the Planning Board determines that special conditions warrant a secondary means of access.

(Ord. 2021-02, passed 6-14-2021)

   a.   Blocks shall be laid out with special attention given to the type of use contemplated.

   b.   Block lengths shall not exceed 1,500 feet or be less than 400 feet. Blocks shall not be more than 1,000 feet unless there is an approved pedestrian alley of not less than six feet wide dividing the blocks.

   c.   Blocks shall have a sufficient width to allow two tiers of lots of minimum depth. Blocks may consist of single tier lots where such are required to separate residential development from through vehicular traffic or nonresidential uses.

(Ord. 2021-02, passed 6-14-2021)

   The Council may require in residential districts that a buffer strip of at least 50 feet in depth, in addition to the normal lot depth required, be provided adjacent to all railroads, limited access highways and commercial developments. This strip shall be part of the platted lots but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees or shrubs by the owner; the building of structures thereon is prohibited."

(Ord. 2021-02, passed 6-14-2021)

   a.   The minimum building setback or the distance between the street right-of-way line and the building line shall not be less than that prescribed in the zoning district of the subdivision.

   b.   Where the lack of vehicle parking is a concern, the town shall require additional setback requirements so as to accommodate additional vehicle parking on the lot.

   c.   Double vehicle driveway width may be required, along with the requirements of paragraph b. above. The driveway may be required to be paved with a hard surface material so as to be in keeping with the intended character of the neighborhood.

(Ord. 2021-02, passed 6-14-2021)

   A cul-de-sac shall not exceed 800 feet in length measured from the entrance to the center of the turnaround. A street designed to be permanently closed shall be provided at the closed end with a turnaround. Adequate sewer and water line right-of-way shall be reserved to eliminate water line deadends and to provide sewage outfall.

(Ord. 2021-02, passed 6-14-2021)

   a.   Easements shall be provided where a subdivision is traversed by a watercourse, drainage way, channel or stream. There shall be provided a storm easement or drainage right-of-way substantially in conformity with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

   b.   Easements for utilities shall be provided. Easements not less than ten feet wide, centered on lot lines for both underground and above ground facilities, for use by both public and private utilities shall be provided along each lot line.

(Ord. 2021-02, passed 6-14-2021)

   Road grades in accordance with NCDOT Subdivisions Roads Manual.

(Ord. 2021-02, passed 6-14-2021)

   Horizontal curves in roads in accordance with NCDOT Subdivisions Roads Manual.

(Ord. 2021-02, passed 6-14-2021)

   Road intersections in accordance with NCDOT Subdivisions Roads Manual.

(Ord. 2021-02, passed 6-14-2021)

   Lots shall be laid out as follows.

   a.   Minimum lot width at the street, lot sites, shapes and locations shall be made with due regard to topographic conditions, contemplated use and the surrounding area. Each lot shall front for a distance of at least 50 feet on a public street, except that the minimum road frontage shall be 35 feet in the turning radius of a cul-de-sac.

   b.   Community water and sewer available. Where the town public water and sewer facilities or public water and sewer facilities licensed as such by the North Carolina Utilities Commission and meeting the town's design and engineering standards are available, every lot shall contain not less than the area prescribed in the zoning district in which the subdivision exists.

   c.   Community water and sewer not available. Residential lots not served by the town public water and sewer facilities or public water and sewer facilities licensed by the North Carolina Utilities Commission and meeting the town's design and engineering standards, shall be at least 20,000 square feet in area, not less than 100 feet wide at the building line nor less than 150 feet deep.

   d.   Community water available. Residential lots served by town public water facilities or public water facilities licensed by the North Carolina Utilities Commission and meeting the town's design and engineering standards, but not public sewer, shall be at least 15,000 square feet in area, not less than 90 feet wide at the building line nor less than 150 feet deep. Every lot shall contain not less than the area prescribed in the zoning district for the appropriate zone or zones in which the subdivision exists.

   e.   Corner residential lots. The lot line with the shortest street frontage shall be increased by ten feet more than otherwise required in order to provide adequate space to meet side setback requirements.

   f.   Double frontage lots. Double frontage or reverse frontage lots shall be avoided except where necessary to separate residential development from through traffic or nonresidential uses.

   g.   Side lot lines. Side lot lines shall be substantially at right angles or radial to street lines.

   h.   Commercial or industrial uses. Lots are not required for commercial or industrial uses but when provided they shall be adequate to provide for off-street service and parking facilities required by the type of use and development contemplated.

   i.   Minimum lot size. In no instance shall the area of a residential lot be less than the size determined to be adequate by the County Health Department after investigation of soil conditions, proposed individual disposal system and depth of ground water. All lots shall conform to the zoning districts in which the subdivision exists.

   j.   Flag lots.

      1.   Flag lots as defined by § 4-3, are allowed only within Zoning Districts R-20, R-20A and R-15.

      2.   The flag pole which is the entrance of the lot shall front a public street, road or right-of-way by a minimum of 35 feet. The entrance way "pole" shall maintain the 35 foot minimum width throughout its entire length until it joins the main "flag" body. The main body is considered to start where its width is as wide as the required minimum lot width in the district.

      3.   The flag pole and flag portion of the lot shall not be separate parcels and shall not be used as access to other parcels of land. The flag pole shall not be included as part of the required minimum lot area in the district.

      4.   The address of the dwelling located on a flag lot shall be clearly visible from the street which the flag lot accesses.

      5.   Where the neighborhood and lot are provided with public water service, a fire hydrant may be required and located within 500 feet of the dwelling at the discretion of the fire official. If the hydrant is required to be located on the main body of the flag lot or flag pole portion of the lot, the expense will be born by the property owner.

      6.   The front of the dwelling shall be oriented toward the entrance "pole". It is to be assumed that the "pole" extends through the lot. This should orient the flag lot dwelling side yard towards the rear yard of the front "parent" lot.

      7.   To allow the street fronting parent lot to be fenced for its entire back and side yard to the maximum allowed in the district, the maximum height for front yard setback fence requirement for the parent lot shall be measured from the street right-of-way at the flag entrance to the front yard setback distance of the parent lot required in the district, or to the front yard setback of the adjacent dwelling on the parent lot, whichever is further from the road.

      8.   Flag lots shall be reviewed and approved by the Planning Board for all subdivisions.

(Ord. 2021-02, passed 6-14-2021)

   Pedestrian easements or walkways shall be provided through the interior of blocks having a length greater than 1,000 feet. Pedestrian easements shall be at least six feet wide and shall be laid out along property lines. The walkways shall be paved.

(Ord. 2021-02, passed 6-14-2021)

   The minimum right-of-way and pavement width shall be in accordance with the North Carolina Division of Highways Subdivision Roads Minimum Construction Standards Manual.

(Ord. 2021-02, passed 6-14-2021)

   a.   Character. The arrangement, character, extent, width, grade and location of all streets shall conform to all of the elements of the official plans for the community and shall be designed in accordance with the provisions of NCDOT Manual referred to in § 7-3.6b.

   b.   Minor streets. Minor streets shall be laid out so that use by through traffic will be discouraged.

   c.   Private streets. There shall be no private streets platted in any subdivision except where located in a subdivision with a homeowners association which is responsible for street maintenance, in a commercial development, or in the ETJ where offered for dedication to the public. Where the development roads are to remain private roads, the following words shall appear on the recorded plat:

      "All roads in this development shall remain private roads to be maintained by the developer or the lot owners and shall not be accepted or maintained by the town."

   d.   Proposed street names. Proposed streets which are obviously in alignment with other existing and named streets shall bear the assigned name of the existing streets. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names. The subdivider shall have all proposed street names approved by the County E-911 Supervisor.

   e.   Street pattern and adjacent property. The street pattern shall be such as to cause no hardship in the subdividing of adjacent properties. The Planning Board may require the dedication of a street right-of-way to facilitate the development of adjacent properties.

(Ord. 2021-02, passed 6-14-2021)

   a.   Final plats for all subdivisions shall not be approved until all required improvements listed in this section have been installed or the subdivider has guaranteed to the satisfaction of the Town Council as provided in § 7-2 below that such improvements will be installed.

   b.   All improvements shall be made in conformity with the requirements and standards set forth in this chapter and other specifications and policies at the developer's expense.

   c.   All improvements shall be inspected and approved by the Zoning Administrator, or his or her representative, as conforming to the requirements of the town.

   d.   All improvement specifications of the town are on file in the office of the Town Clerk.

(Ord. 2021-02, passed 6-14-2021)

   Permanent survey reference markers shall be installed in all subdivisions in accordance with G.S. Ch. 39, Art. 5A and the following requirements.

(Ord. 2021-02, passed 6-14-2021)

   Permanent concrete monuments four inches in diameter or square, three feet long, shall be placed at not less than two corners of the subdivision, provided that additional monuments shall be placed where necessary so that no point within the subdivision lies more than 500 feet from a monument. Two or more of the required monuments shall be designated as control corners. The top of each monument shall have an indented cross metal pin or metal plate to identify the location of the point. All monuments will be shown on the final plat.

(Ord. 2021-02, passed 6-14-2021)

   Steel or iron markers shall be set at all lot corners and at all other survey points not marked by monuments. Such markers shall be set at points of curvature, points of tangency, reference points, and points of intersection. Survey markers shall be at least three-fourths inches in diameter and shall be sunk vertically into the ground until the top is approximately four inches above the finished grade, except in sidewalks, streets and other similar surfaces where the markers shall be flush with such surface. In the interest of safety, steel or iron markers may be installed flush with the ground surface provided the point is also marked with a wooden survey stake until all lots adjoining the point are sold.

(Ord. 2021-02, passed 6-14-2021)

   All electrical, telephone, cable TV and other such utilities shall be underground.

(Ord. 2021-02, passed 6-14-2021)

   Every person or corporation that subdivides land for residential purposes under the requirements of this ordinance shall also be required to dedicate a portion of such land, to provide cash in lieu of land payment, or to provide a combination of land, cash and facility development acceptable to the town for the purpose of developing park, recreation and open space sites to serve the residents of the neighborhood in which the subdivision is located or in the immediate area of the subdivision.

   a.   The Planning Board shall consider and make recommendations to the Town Council whether to accept a dedication of land or to require a fee in lieu of dedication.

   b.   Land set aside for parks and recreational purposes will be dedicated to the town by proper conveyance of title. Said conveyance shall be indicated on the final plat for recording and any deeds shall accompany the final plat for consideration by the Town Council. The developer shall improve the land set aside with landscaping. The developer may be required to provide recreation equipment and facilities as the town deems appropriate for the use of the recreation land. If a fee in lieu of land is proposed, the fee shall accompany the final plat submitted to the Council.

(Ord. 2021-02, passed 6-14-2021)

   Private ownership of parks and recreation areas for subdivisions or multi-family developments are authorized under these regulations subject to the following stipulations.

   a.   A duly organized ownership association is created to provide for management and maintenance, or in the case of multi-family developments, management and maintenance is the obligation of the developer or property owner.

   b.   In the event of dissolution or financial incapability of a private ownership organization to properly manage and/or maintain its private facilities, those areas will be dedicated and conveyed to the town. Language providing for this conditional conveyance shall be included in the organizational instruments of the private ownership association and a deed shall be executed to the town conveying the land and the facilities located thereon to the town, conditioned, however, that the private ownership organization or the developer or owner, as the case may be, of the land and facilities shall have the full right to occupy, possess, maintain and control such land and facilities so long as the organization, developer or owner is in existence and is exercising the responsibility for maintenance and control of the land and facilities.

(Ord. 2021-02, passed 6-14-2021)

   Park and recreational use of the land set aside is protected by duly recorded instruments. Restrictions and covenants running with the land can not be voiced or amended by the owner or ownership association without the prior written consent of the town and a deed shall be executed to the town conveying the land and the facilities located thereon to the town, conditioned, however that the private ownership organization or the developer or owner, as the case may be, of the land and facilities shall have the full right to occupy, possess, maintain and control such land and facilities so long as the organization, developer or owner is in existence and is exercising the responsibility for maintenance and control of the land and facilities.

(Ord. 2021-02, passed 6-14-2021)

   The area devoted to parks and recreational purposes is equal to or exceeds the area required under these regulations. Exemptions:

   a.   The division of a parcel of land into one new lot is exempt from this part; and

   b.   Industrial and commercial subdivisions, without any residential, are exempt from this part.

(Ord. 2021-02, passed 6-14-2021)

   The following formula which addresses number, type and density of dwelling units will be used to determine the amount of area to be set aside for park and recreational purposes:

 

 

 

      1.   The average acre per dwelling unit is computed by dividing the combined total acreage of all dwelling units or lots by the number of dwelling units or lots. For computation purposes, land dedicated or reserved for purposes such as streets, alleys and purposes other than residential shall not be used in determining average acreage. In no case shall a developer be required to dedicate more than 30% of the acreage of a development.

         Example 1. For a 33 lot 12 acre subdivision.

         12 acres ÷ 33 = 0.36 acre average. Reference to the chart shows a 1.2 VDF

      2.   Variable density factor is designed to provide an adjustment to subdivision plats which contain average lot sizes of one-half acres and above. This adjustment is used since subdivisions with larger lots contain more open space and thus fewer lots and greater park acreage. Conversely, those subdivision plats that create lots or units which average less than two-fifths acres are adjusted due to the density of development and the inherent increased demand for more public recreation and park land. The adjustments for large lots or for small lots are based on a sliding scale reflecting degree of density.

(Ord. 2021-02, passed 6-14-2021)

   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 Council.

   a.   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 Planning Board may request that the parcels be connected and may also require at least a 30-foot path width in addition to the land requirements.

   b.   Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision. General public access shall not be restricted from the recreation area.

   c.   Shape. Topography and soils of the dedicated land shall be such as to be suitable for parking and active recreation. Lakes and marsh may not be included in computing dedicated land area unless acceptable to the Planning Board. Land area less than two and one-half contiguous acres shall not be considered as suitable for land set aside.

   d.   Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such public easement shall be at least 30 feet in width. The proposed land set aside shall be located as remote from a building lot as possible. Consideration shall be given to the location, screening, or buffering so as not to cause a nuisance to the residential area. If adequate protection to the residential area can not be provided, then the offer for land set aside shall be denied and a fee in lieu of land set aside shall be required.

(Ord. 2021-02, passed 6-14-2021)

   In the event that it is determined by the town that the area, topography, geology, access or location of the area to be set aside does not conform to the park and recreational objectives of the town or appropriately meet the immediate and future needs of the residents due to the availability of adjacent facilities, the town may elect to waive the set aside of land for dedication by accepting a fee in lieu of the dedication of land subject to the following:

   a.   Determination of fee. The amount of the fee to be accepted in lieu of land dedication shall be determined by multiplying the required acreage times the tax value of the land to be subdivided.

         Example 1. Tax value at the time of submittal of preliminary plat to the Planning Board:

         $6,000 per acre x 0.76 acres = $4,560

   b.   Payment of required fees shall be by cash or certified check, payable to the town. Payment must be made before final plat approval is granted by the town.

   c.   Funds collected in lieu of land set aside shall be maintained in a separate interest bearing account by the town in a recreation reserve fund for use only to acquire additional land or expand or improve existing recreational facilities.

(Ord. 2021-02, passed 6-14-2021)

   a.   The subdivider of any subdivision shall clear and grade all streets to their full right-of-way width so as to provide adequate shoulders and pedestrian walkways.

   b.   All streets shall be designed, constructed and paved in accordance with the Division of Highways, North Carolina Department of Transportation, Subdivision Roads, Minimum Construction Standards Manual, current edition.

   c.   Streets within the corporate limits shall be provided with curb and gutter except where, at the option of the Town Council, engineering design philosophy recommends against curb and gutter because environmental and storm water controls would be best managed with other types of street design. The town may require streets within the extraterritorial jurisdiction to have curb and gutter.

   d.   The subdivider may be required to provide street/road(s) connection to the property line to serve an adjacent tract of land for future development and may be required to interconnect with an adjacent development's road system.

   e.   The subdivider shall be responsible for the cost and installation of the road foundation, paving and/or any other road improvements.

   f.   If a street has a potential for being a collector street, or minor street, the Council may require the installation of traffic calming devices. The devices shall be approved by the Council upon recommendation by planning staff and the Police Chief.

   g.   All collector roads, service roads and local residential subdivision roads shall be provided with double stripe paint markings so as to delineate travel lanes.

(Ord. 2021-02, passed 6-14-2021)

   a.   Municipal or community system. For subdivisions within the corporate limits of the town, the subdivider shall connect to the sewer system of the town in order to provide sewer service to every lot within the subdivision. Sewer systems shall be designed and installed in accordance with Public Utilities Handbook Technical Specifications Water/Sewer Improvements for the Town of Newport, state and federal environmental rules and other such specifications as may be required by the town.

   b.   Where it is necessary to construct sewage lift stations, the developer shall also provide the necessary land. The station shall be floodproofed, fenced and landscaped to the satisfaction of the town. The design of the station not limited solely to the size of pumps, alarm system and the like, shall be to the satisfaction of the town. All sewage lift stations shall be provided with an auto-start, standby power generator of sufficient capacity to operate the lift station during power outages. The fuel type and capacity will be determined by the town. Should the developer desire to utilize an existing lift station, the developer shall pay for any engineering and/or increased capacity costs to the lift station, to include any new alarm system and an auto-start standby power generator.

   c.   Individual disposal systems. Where the subdivision is not serviced by the town or a community system, the individual disposal system shall be approved by the County Environmental Health Department or appropriate state agency. All proposed lots shall be evaluated for approval and a letter shall indicate by lot number its potential for approval and where improvements will be required for final approval.

(Ord. 2021-02, passed 6-14-2021)

   Sidewalks shall be required along any street where considerable pedestrian traffic is expected, as determined by the Town Planning Board or Town Council, especially in the vicinity of schools, parks and commercial activity. Sidewalks shall be constructed on street right-of-way and installed in accordance with town policy.

(Ord. 2021-02, passed 6-14-2021)

   Before final approval of a subdivision plat, the subdivider shall present a street lighting plan, developed in accordance with town policy, to the Planning Board for its approval. Street lights shall be installed at each intersection, the dead end of cul-de-sacs and within 500 feet of each other. Public street lighting fixture installation fees, if any, shall be paid by the developer. Rental fees on the fixtures inside the town limits shall be paid by the town.

(Ord. 2021-02, passed 6-14-2021)

   a.   The developer shall provide street name markers at all subdivision street intersections and at any other point within the subdivision deemed necessary by the town. Approved regulation street name signage consists of metal pipe poles with street names on metal plates. Material specifications, attachment devices and coloration shall be those officially adopted for use by the North Carolina Department of Transportation.

   b.   Use of non-regulation street signs.

      1.   The Town Council may approve non-regulation street signs where the developer desires to use distinctive street signage as a tenant of initial marketing and aesthetics design under the following conditions. The developer will provide for the funding and eventual erection of regulation street name signs.

      2.   Compliance options.

         a.   Prior to final approval, the developer may:

            1.   Deposit with the town the amount of money required to purchase the regulation street signs necessary for the subdivision or phase for which plat approval is required. The amount of money to be deposited with the town shall be based on the estimated cost of materials as determined by the Town Manager; or

            2.   Deliver to the Town Manager the poles, mounting apparatus and street name plates required for the subdivision or phase for which plat approval is required.

(Ord. 2021-02, passed 6-14-2021)

   It is required that trees be planted in all subdivisions where there is a lack of natural trees along the streets. The plan for tree planting shall be submitted to the Planning Board at the time of presentation of the preliminary plan. Trees planted should be located inside the property lines where they are less subject to injury, decrease the chance of motor accidents and enjoy more favorable conditions for growth. At least one tree planted every 30 lineal feet along the front property line generally will be accepted. The size and type of trees are specified in Appendix A-1, Zoning Ordinance.

(Ord. 2021-02, passed 6-14-2021)

   a.   All subdivision proposals shall be consistent with the need to minimize flood damage.

   b.   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

   c.   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

   d.   Base flood elevation data shall be provided for all subdivisions that are located within a Flood Zone A as depicted on the Federal Emergency Management Agency, federal insurance rate map (FIRM) and the design shall be consistent with the town's Flood Damage Prevention Ordinance.

   e.   In all subdivisions where land disturbing activity is one acre or more, the subdivider shall submit for and receive a sedimentation and storm water control permit from the North Carolina Department of Natural Resources and Community Development. In addition, the developer shall comply with other conditions that may be more stringent as specified in this ordinance.

   f.   Surface water drainage shall not empty into a sanitary sewer. Where in the opinion of the Planning Board a public storm water sewer is reasonably accessible (within 100 feet of an existing storm water sewer and feasible from an elevation viewpoint upon the recommendation of a registered engineer), and before a subdivision is approved and accepted, the subdivider shall connect with the public storm sewer system. He or she shall provide all grading and all structures necessary to carry the water to the storm drainage system.

   g.   Where a storm drainage system is not accessible, the subdivider shall do all grading and provide all drainage structures necessary to properly carry the water to locations which are acceptable to the town.

   h.   When consistent with the minimum requirements of the Division of Environmental Management for storm water controls, all drainage ditches shall be paved, approved conduit construction and/or otherwise enclosed. Exceptions that may be considered by the Town Council are:

      1.   Where good engineering data suggests and recommendations are made not to enclose or pave;

      2.   Where an open ditch is to have side slopes of three to one or greater, prove that vegetation can be maintained on the ditch slopes and it will not become a high maintenance item;

      3.   Where an open ditch will not be an attractive nuisance; and

      4.   Where the open ditch will not adversely detract from the appearance of the subdivision, such as the possibility of noxious weeds, snakes, vermin or other nuisances.

   i.   Where the possibility exists for the subdivision drainage water to adversely affect other drainage ditches down stream, such as to load the ditches beyond their design capacity which may cause flooding or erosion, the developer shall provide sufficient engineering study to determine the impact. Where an adverse impact is determined to exist, as substantiated by the Town Engineer and the Public Works Department, the subdivider shall mitigate, at his or her expense, the drainage problem to the satisfaction of the town.

(Ord. 2021-02, passed 6-14-2021)

   a.   Every lot in every subdivision shall be provided with a water supply system which is ample for the needs of the type of development proposed. Every lot in every subdivision within the corporate limits shall be supplied with water from the town. For subdivisions outside of the corporate limits, water may be made available in accordance with current policy and ordinances of the town. The water system shall be designed and installed in accordance with Public Utilities Handbook Technical Specifications Water/Sewer Improvements for the Town of Newport, state and federal environmental rules and other such specifications as may be required by the town.

(Ord. 2021-02, passed 6-14-2021)

   b.   Every lot in every subdivision served by a community water system shall be served by a fire hydrant that is located no more than 500 feet from the lot measured along the centerline of the street(s).

(Ord. 2021-02, passed 6-14-2021)

   House numbers are required for each lot within the subdivision. The identification numbers shall be as follows.

   a.   Six-inch minimum block letters shall be painted or otherwise indelibly mounted on the street curb, vertical face, or where no curb and gutter exist, shall be located on the edge of the street paving, centrally located on the front of the lot. Where paint is used, it shall be of the reflective traffic type.

   b.   Each dwelling unit shall be provided a three-inch minimum size house number installed in a prominent location in the vicinity of the main entrance visible to the main street.

(Ord. 2021-02, passed 6-14-2021)

   The developer shall refer to the Zoning Ordinance for subdivision signs, landscaping and other development standards.

(Ord. 2021-02, passed 6-14-2021)

   No street shall be accepted and maintained by the town, nor shall any street lighting, water or sewer be extended to or connected with any subdivision of land, nor shall any permit be issued by any administrative agency or department of the town for the construction of any building or other improvements requiring a permit, unless and until the requirements set forth in this ordinance have been complied with and the same approved by the town.

(Ord. 2021-02, passed 6-14-2021)

   a.   When a tract of land to be subdivided embraces any part of a proposed major or minor thoroughfare as depicted in the thoroughfare plan, the proposed street way shall be platted and dedicated by the subdivider in the location and at the width specified in the plan.

   b.   If the Town Council has approved a comprehensive land use plan, which has located sites for public schools, and a developer has submitted a subdivision plan which includes one of these sites, the subdivider can be required to reserve the land for such schools, provided that the school board has indicated that it is interested in buying the land. The school board then has 18 months to decide whether to buy the land at the fair market value, after which, if it hasn't bought the land, the subdivider may treat the land as if freed from the reservation.

(Ord. 2021-02, passed 6-14-2021)

   Whenever the Town Council requires that the developer install improvements or facilities that are either larger, more costly or not normally required by these regulations, the municipality shall pay 100% of the extra cost. The subdivider shall be required to pay only the portion of the cost of construction that would equal the cost of an improvement required to serve only the subdivision, as determined by the Town Council.

(Ord. 2021-02, passed 6-14-2021)

   The following penalties as provided in G.S. § 160A-375 shall be applicable.

(Ord. 2021-02, passed 6-14-2021)

   Any person who, being the owner or agent of the owner of any land located within the planning jurisdiction granted to the municipality who transfers or sells such land by reference to a plat showing a subdivision of such land before such plat has been approved by said Town Council and recorded in the Office of the Register of Deeds, shall be guilty of a Class 1 misdemeanor, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The town, through its own Town Attorney or other official designated by its Town Council, may enjoin such transfer or sale by 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 the subdivision ordinance.

(Ord. 2021-02, passed 6-14-2021)

   Building permits may be denied for lots that have been illegally subdivided. In addition to other remedies the town may institute any appropriate action or proceeding to prevent

(Ord. 2021-02, passed 6-14-2021)