The regulations for the subdivision of land set forth below are established to promote orderly growth and development; provide for suitable residential and nonresidential subdivisions with adequate streets and utilities and appropriate building sites; provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities; provide for the dedication or reservation of rights-of-way or easements for streets, utilities, and other purposes; and provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries.

(A)

Divisions of land exempt by statute. In accordance with G.S. 160D-802, the following divisions of land are not included within the definition of "subdivision," and are not subject to the Town's subdivision regulations:

(1)

The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town as shown in this Ordinance;

(2)

The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved;

(3)

The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;

(4)

The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the Town, as shown in this Ordinance;

(5)

The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.

(6)

The subdivision or recombination of land by public utilities.

In case of a conflict between this description of exempt subdivisions and state law (N.C.G.S. 160D-802, or any successor statute), state law shall control.

(B)

Special exemptions for municipal or public utility purposes. The following are exempt from the provisions of this Article.

(1)

The acquisition of land by the Town of Pine Knoll Shores for public beach access and associated parking.

(2)

The acquisition of land by the Town of Pine Knoll Shores for municipal utility(ies) including water service and drainage.

(3)

The acquisition of land by Carteret Craven Electric Membership Cooperative for substations or other essential operations necessary to provide electrical service within the Town.

(C)

Determination and certification of exemption. The determination of whether a division of land is exempt from the definition of subdivision shall be made by the Planning Administrator, upon application of the property owner or agent, with supporting documentation (maps, plats, etc.), as needed. Upon a determination by the Planning Administrator that the proposed subdivision is exempt, a certificate of exemption shall be issued, and the subdivision shall not be subject to the Town's subdivision regulations.

(D)

Effect of certification of exemption. Divisions of land found to be exempt from the definition of subdivision are not required to meet the Town's subdivision regulations. However, a building or zoning permit may only be issued with respect to a lot that has been created by an exempt division if said lot meets the standards for development set forth elsewhere in this Ordinance. Where a regulation is contained both in this article and elsewhere in this Ordinance, although the regulation need not be met prior to property division and recordation, the lot in question must comply with said regulation before either a zoning or building permit may be issued for the property.

(E)

Platting required. A subdivision plat meeting the requirements of G.S. 47-30 shall be prepared for all exempt subdivisions. The plat shall identify the subdivision as being exempt from the requirements of this Ordinance and shall be submitted to the Planning Administrator for review. Following their review of the subdivision plat, the Planning Administrator shall sign it and provide a copy to the applicant. The signed plat shall be recorded by the applicant in the office of the Register of Deeds of Carteret County within thirty (30) days of being signed by the Planning Administrator.

When applications for other approvals are required for the subdivision, applications for these approvals may be submitted simultaneously with the initiation of the subdivision approval process to reduce the time required to secure all necessary approvals. Application forms as required for other approvals may be obtained from the Planning Administrator.

Applications for subdivision approval shall be submitted to the Planning Administrator and must include plats with all information as required by this Ordinance. Application for subdivision shall be filed in accordance with Article 7 of this Ordinance.

(A)

Date of compliance. After the effective date of this Ordinance, no plat for the subdivision of land within the planning and regulation jurisdiction of the Town shall be filed, accepted for recording, or recorded, nor shall the clerk of superior court order the recording of a plat until it has been submitted to the Planning Administrator and approved as set forth herein. The signature of the Planning Administrator on the plat shall signify conformance with the requirements set forth in this chapter unless documented to be in error.

(B)

No conveyance without approval. No real property lying within the planning and regulation jurisdiction of the Town shall be subdivided until it conforms to all applicable sections of this Article. Violations of this Article shall be subject to the penalties set forth in Article 23 of this Ordinance. Any sale or transfer of land in a subdivision subject to these regulations by reference to an unapproved plat or the use of a metes and bounds description shall be considered a violation of this Article.

(C)

Pre-sale contracts. In accordance with G.S. 160D-807(b), the provisions of this section 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 the subdivision ordinance or recorded with the register of deeds, provided the contract does all of the following:

(1)

Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owners to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.

(2)

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.

(3)

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.

(4)

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.

The provisions of this section 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 the subdivision ordinance or recorded with the register or 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 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 the subdivision ordinance and recorded with the register of deeds in accordance with N.C.G.S. 160D-807(c).

The Board of Commissioners of the Town is designated as a planning agency for the purposes of G.S. 160D-803(c). Upon approval of subdivision plats by the Board of Commissioners, the Planning Administrator or his designee shall be authorized to sign the plat signifying final determination of approval for subdivisions and provide notice of determination in accordance with G.S. 160D-403(b).

Violations of the provisions of this section shall be subject to the enforcement and penalty provisions set forth in Article 23 of this Ordinance. 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 these penalties. The Town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the courts 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-1110 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 of conduct per G.S. 160D-807(a).

(A)

Rights-of-way and easements. The approval of a final plat constitutes dedication but does not constitute acceptance by the Town or the public of the right-of-way of each public street and easement shown on the plat. The approval of a plat does not constitute acceptance for maintenance of other improvements in the right-of-way such as street paving, utility lines, drainage facilities or sidewalks.

When located within the corporate limits of the Town, such dedications may be accepted only by resolution of the Town's Board of Commissioners or by their designee following inspection and approval to ensure compliance with specifications established by the Town or by the Town exercising control over and maintaining these areas. Until the offer of dedication is accepted by the Town in either of these manners, the developer shall be responsible for maintenance of those areas.

(B)

Open space. Land designated as public open space or a park on a plat, in accordance with Article 21 of this Ordinance, shall be considered to be offered for dedication, but not accepted until the Town's Board of Commissioners, or their designee, has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Town's Board of Commissioners.

(C)

Sites for public facilities. Where a school or other public site is shown on an approved plat recorded with the Register of Deeds, the site shall either be dedicated for public purpose at the option of the property owner or reserved for acquisition by the Carteret County School Board for a period not exceeding eighteen (18) months from the date of approval of the preliminary subdivision plan.

(A)

Improvement requirements shall be fulfilled, or their complete performance guaranteed in accordance with subsection 16.1-9(B), before a final plat shall be approved by the Planning Administrator for recording.

(1)

Construction Plans. Construction plans for all street, sidewalk, water, sanitary sewer, and stormwater facilities shall be submitted to the Town either concurrent with or following preliminary plat approval. The street and utility construction plans for each subdivision, or portion thereof, shall include all improvements lying within or adjacent to the subdivision as well as improvements to all streets, sidewalks, stormwater facilities, and water and sanitary sewer lines lying outside the subdivision which provide service to the subdivision. No final plat shall be approved or a Certificate of Occupancy issued until all improvements have been installed and approved or a performance guarantee, as specified in section 16.1-9(B) of this Ordinance, accepted.

(2)

No construction without plan approval. No improvement to or new construction of street, sidewalk, water, sanitary sewer, and stormwater facilities shall be permitted until the street and utility construction plans for such improvements/construction have been reviewed and approved by the Town and appropriate governmental agencies. These agencies may include, but shall not be limited to, the Division of Water Quality of the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the Division of Environmental Management of the North Carolina Department of Environment and Natural Resources, or their successors.

(3)

Inspection of construction. All construction undertaken pursuant to approved street and utility construction plans shall be inspected and approved by the Town and/or the appropriate governmental agencies.

(B)

Guarantee of incomplete improvements. At such time as the Planning Administrator determines that required improvements and utilities (collectively "infrastructure") within or serving the subdivision are at least ninety (90) percent complete, and that work toward final completion is progressing in a timely and acceptable manner, in lieu of completion of construction of the required infrastructure prior to final plat approval, the property owner may provide a performance guarantee to the Town. The performance guarantee shall be in an amount equal to 125 percent of the estimated cost of the completion of the infrastructure as determined by the Planning Administrator. In determining the percentage of completion, the Planning Administrator shall have the authority to examine the property owner's contracts for installation of the infrastructure and to seek, at the property owner's expense, opinions from the owner's contractors and design professionals as to the percentage of completion. The performance guarantee shall secure the completion of construction of the infrastructure required as part of preliminary plat approval and as detailed within the approved construction plans. The performance guarantee shall remain in full force and effect until such time as the construction of all infrastructure is completed and approved by the Town. Failure to maintain the required performance guarantee shall result in the revocation of the approval of the preliminary plat and any permits issued as a result of the preliminary plat approval.

In the event the Planning Administrator is not satisfied that the infrastructure for the subdivision is 90 percent complete, or that work toward final completion has not progressed in a timely and acceptable manner, or determines that the offered performance guarantee is not adequate to ensure completion in a timely and acceptable manner, he shall reject a performance guarantee and require all infrastructure be totally complete before submitting the final plat to the planning board and board of commissioners for approval.

(C)

Construction easement. A temporary construction easement from the property owner to the Town permitting the Town or its designee(s) to access the property for the purpose of completing the infrastructure is required at the time the Town accepts the performance guarantee. The temporary construction easement shall be valid until all guaranteed improvements have been constructed/installed and approved or accepted by the Town. The temporary construction easement shall bind to all successive owners until the guaranteed improvements have been constructed/installed and approved or accepted by the Town. Said temporary construction easement shall be recorded at the office of the Carteret County Register of Deeds, with recording fees to be paid by the applicant/landowner.

(D)

Failure to perform. In the event the Planning Administrator has probable cause to believe that the property owner who has posted a performance guarantee is not causing the infrastructure to be completed in a timely or satisfactory manner, the Planning Administrator shall give written notice to the owner. If the owner does not then pursue completion of the infrastructure to the Planning Administrator's satisfaction, the Planning Administrator shall have the authority to issue to the property owner a written declaration of default. Upon issuance of the declaration of default, the Town, and its designees, at its sole discretion, may enter the property pursuant to its temporary construction easement, or as necessary to complete the infrastructure, and complete the infrastructure with the cost to be paid from the performance guarantee. The guarantor institution shall, if requested by the Town, pay all or any portion of the funds to the Town up to the amount needed to complete the infrastructure based on an estimate by the Town.

The Town may spend such portion of said funds necessary to complete all or any portion of the required improvements. The Town shall return to the developer any funds not spent in completing the improvements. Default on a project does not release the developer from responsibility for the completion of the improvements. In the event that the amount of performance guarantee on hand is insufficient to pay for the completion of the improvements, the property owner shall pay to the Town the total amount of the insufficiency. If the Town is not paid, the amount of the insufficiency shall constitute a lien on the property in favor of the Town.

Where subdivisions have common areas or facilities serving more than one dwelling unit, the developer shall be responsible for the maintenance of these common areas and facilities until he has transferred such responsibility to an owners' association formed for the subdivision, and such association has accepted such responsibility by a document properly executed and recorded at the Carteret County Register of Deeds Office. A copy of the recorded document must be provided to the Planning Administrator. In such case, the association shall be responsible for the maintenance of the common access and facilities.

Prior to the approval of the final plat for a subdivision, all documents related to the creation and operation of the owners' association created for the subdivision shall be submitted to the Town for review. These documents may include, but not be limited to, articles of incorporation of the association, the association's bylaws, restrictive covenants, and design standards. The purpose of the review is to ensure that the owners' association has the responsibility to maintain and operate any infrastructure that is required by subdivision approval when such infrastructure is not being accepted by the Town for maintenance and operation. The Town shall not be responsible for enforcement of the homeowner association documents.

A final subdivision plat as approved by the Town must be recorded by the owner in the office of the Register of Deeds for Carteret County in accordance with the process outlined in Article 7 of this Ordinance.

Subdivisions may be designed to be platted and constructed in phases. A plan for phased development must be approved by the Planning Administrator. The plan for phased development shall provide for the provision of adequate public facilities to support each and any phase independent of the overall subdivision plan. Access and water supply for fire protection shall be present to the extent required by the North Carolina Fire Prevention Code. In approving the phases, the Planning Administrator may require that additional streets, water and sewer facilities, or other required facilities be constructed as part of the phase or phases to ensure that sufficient public facilities will be in place to support each phase or phases independent of any future subdivision development. Final plats for subdivisions developed in phases shall be recorded in accordance with the schedule presented by the applicant during the preliminary plat approval and approved as part of the preliminary plat approval process as specified in Article 7 of this Ordinance. The applicant may request, in writing, adjustments of the approved schedule and the Planning Administrator may grant extensions of up to 12 months for each phase. If the final plat for any phase of the subdivision is not submitted in accordance with the approved schedule, the preliminary plat shall be resubmitted to the Planning Administrator for review and approval unless the extension(s) remain within the scope of the vested rights per G.S. 160D-108(d) established in accordance with a site specific development plan in accordance with Article 7 of this Ordinance. Such resubmittal shall be in accordance with the requirements of this Ordinance.

All proposed subdivisions shall comply with the standards set forth below.

Land shall be subdivided in accordance with good land planning practices and in general conformance with the adopted Plan referenced in Article 1 of this Ordinance, including subsequent amendments adopted by the Town, including adequate consideration of the natural topography and drainage features and the type of development proposed. Land shall also be subdivided in compliance with the district standards set forth in Article 8 of this Ordinance. In addition, where land lies within the area of a public water supply reservoir, a proposed highway project or other public project designated by a governmental authority, subdividers shall give notice on the face of the final subdivision plat that land within the subdivision lies within a designated area for public development and may be the subject of future public purchase.

The size, shape, and orientation of lots shall be in accordance with the specifications of this Ordinance for the location of the proposed subdivision and for the type of development contemplated. Lots shall be designed in shape, size and location with due regard to topographic conditions, features of the surrounding area, contemplated use, and official plans and ordinances and shall conform to the following:

(A)

Conformance to other regulations. Every lot shall have sufficient area, dimensions, and street access to permit a principal building to be erected thereon in compliance with all Town ordinances, including those regulating the location of utility service connections.

(B)

Area and dimensions of lots. All lots shall conform to the minimal dimensional requirements for each zoning district as prescribed in Article 8 and with the lot type standards found in Article 9 of this Ordinance.

(C)

Frontage. Every lot shall front or abut on either a public or private street There shall be no reserve strips controlling access to streets except where cause can be shown that such control would best serve the purpose of this Ordinance.

(D)

Lot lines and drainage. Lot boundaries shall be made to coincide with natural and pre-existing topography to the extent practicable to avoid the creation of lots that can be built upon only by altering drainage ways. Lot boundary lines shall conform to the following requirements:

(1)

The Lot boundary lines within a Major Subdivision shall not extend into areas equal to or below the Base Flood Elevation (BFE).

(2)

The Lot boundary lines within a Major Subdivision shall not extend into areas designated as a stream Buffer Zone.

(3)

The Lot boundary lines within a Major Subdivision shall not extend into areas designated as Wetlands.

(E)

Double and reverse frontage. Double frontage and reverse frontage lots shall not be approved, except where required in unusual circumstances and specifically approved by the Planning Administrator.

(F)

Lot boundaries. Lot boundaries must be contiguous with street right-of-way boundaries and shall not extend to the center of public streets or encroach into street right-of-way. Land to be subdivided which has existing property lines extending into street rights-of-way or into streets shall dedicate a street right-of-way as required by the Town's Technical Standards & Specifications Manual for that section of the street located on or adjacent to the property being subdivided.

(G)

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

(H)

Buildable area. Lots or parcels shall not be unreasonably shaped and shall be made to contribute to the buildable area of a lot. Portions of a lot less than 15 feet wide shall be excluded from the minimum lot area. Additionally, portions of a lot that are less than 26 feet wide and longer than 25 feet will be excluded from the minimum lot area except when calculating lot area for Single-Family Attached Lot Types per Article 9 of this Ordinance.

(I)

Block dimensions and configuration. Blocks shall be laid out taking into consideration traffic circulation patterns and contemplated use. In conditions exceeding 2.5 dwelling units per acre, excluding common open spaces and public street right-of-way(s), any dimension of a block may range from 250 to 900 linear feet measured along front property lines between cross streets. In all other major subdivisions, the dimension of blocks may not exceed 1200 linear feet measured along front property lines between cross streets, except within subdivisions with average lots exceeding one acre in size, wherein blocks may be up to 1500 feet measured along front property lines.

(1)

Length. Blocks shall not be less than 250 feet nor more than 1,500 feet in length as stipulated above, except as deemed necessary to secure efficient use of land or desired features of street pattern by the Planning Administrator. Where deemed necessary by the Planning Administrator, a pedestrian crosswalk of at least eight feet in width shall be provided.

(2)

Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth (reference Zoning standards, Article 8, Building and Lot Type standards, Article 9), except where fronting on major streets is prevented by topographic conditions, in which case a single tier of lots may be approved. Block width standards do not apply to subdivisions proposed as part of the R-1 District development.

(J)

Lots on thoroughfares. Residential lots in subdivisions shall not be entered from major thoroughfare streets.

(K)

Access requirements for all lots. Each lot in a subdivision shall meet the access standards set forth in this Ordinance.

(L)

Lot area calculation. Areas in the public right-of-way shall not be used to calculate compliance with minimum lot size requirements.

(M)

Flag lots. Flag lots shall be permitted subject to the following standards:

(1)

The minimum flagpole width (strip connecting the bulk of the lot to the street) shall be 25 feet or 25% of the minimum required lot width established by the primary general use district, established by Article 8 of this Ordinance, whichever is greater.

(2)

The maximum flagpole length (strip connecting the bulk of the lot to the street) shall be 200 feet.

(3)

The total lot area shall be a minimum of 2.5 acres, unless required to be larger by the primary general use district, established by Article 8 of this Ordinance; furthermore, the area of the flagpole within the first 150 linear feet of the street (strip connecting the bulk of the lot to the street) shall not be used in calculating minimum lot area, setbacks, or other dimensional requirements for the zoning district in which the lot is located.

Landscaping shall be provided in the proposed subdivision as required by Article 11 of this Ordinance. Preservation of existing trees is required in accordance with Article 11.

Open space as required by Article 21 of this Ordinance and other applicable ordinances and regulations of the Town shall be provided in the proposed subdivision.

All streets and utilities must comply with the requirements of all applicable plans adopted by the Town of Pine Knoll Shores, including, but not limited to, the Town's Technical Standards & Specifications Manual. Utilities shall be installed underground in all Major Subdivisions when new streets are constructed. All off-street easements not contiguous and parallel to the public street right-of-way shall be located in/on areas dedicated as Common Open Space and be dedicated for pedestrian use by the public in accordance with Article 21.

The design of all public streets and roads within the Town shall conform to standards set forth in Article 13 of this Ordinance and the Town's Technical Standards & Specifications Manual.

Private streets must be constructed to Town's design standard.

(A)

Culs-de-Sac. Culs-de-sac or other dead-end streets designed to be permanently closed are strongly discouraged and can only be used when it is not feasible to connect to an existing or future street. Culs-de-sac shall not exceed 400 feet in length and shall be provided at the closed end with a right-of-way radius and a turnaround radius meeting or exceeding the standards set forth in the Town's Technical Standards & Specifications Manual. Culs-de-sac shall have a minimum twenty (20) foot wide common open space for pedestrian access connecting to the nearest public space, street right-of-way, or common open space, and have paved pedestrian connections, where practicable to provide pedestrian access connectivity. The Planning Administrator may approve modifications to these requirements on a case by case basis, with the justification stated in writing on the final plat.

(B)

Continuation of Adjoining Street System. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.

(C)

Stub Streets. Where the property to be subdivided abuts another property that, in the opinion of the Planning Administrator, could be subdivided in the future, the proposed street layout shall include a public street and right-of-way, meeting the Town's standards for width and grade, which connects the streets in the subdivision to the abutting property. This street and public right-of-way shall be property. The subdivider(s) shall be responsible for placing a permanent sign(s) within the right-of-way of the stub street stating that it is the location of a future street. Such sign(s) shall be approved by the Planning Administrator before being placed in said right-of-way.

All streets shall be named, and signs conforming to Town standards shall be posted at intersections showing the name of every street. New streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets where practical. In no case shall the names of new streets phonetically resemble existing street names. Streets shall be named in accordance with the standards for street naming established by Carteret County and must be approved by Carteret County's emergency address coordinator.

The Town will not accept or adopt any new street, nor will it pave or assist in the construction or pavement of any new street other than streets shown on the map of the streets of the Town known as the Official Powell Bill Map, except upon approval by the Town Board of Commissioners and receipt of payment of the full cost and expense of construction or of construction and pavement, as the case may be, and such cost and expense must be actually paid or amply secured per section 16.1-9(B) of this Article before the Town will take any action.

All subdivision plats shall identify easements for the installation of utilities and pedestrian use as follows:

(A)

Major subdivisions. An appropriate easement, of the width required by the utility company/agency, shall be provided for utilities including, but not limited to, electric service, telephone service, cable television service, sewer (sanitary and/or stormwater) lines, and waterlines within the subdivision. The location of the easements and the physical relation of all utilities within the easement shall be approved by the Town, in consultation with the utility providers, prior to final plat approval. Placement of all underground cables by utilities in a common easement is encouraged when such placement does not conflict with these requirements or others. All off-street easements not contiguous and parallel to the public street right-of-way shall be located in/on areas dedicated as Common Open Space and be dedicated for pedestrian use by the public in accordance with Article 21.

(B)

Minor subdivisions. An appropriate easement, of the width required by the utility company/agency, shall be provided for utilities including, but not limited to, electric service, telephone service, cable television service, sewer lines, and waterlines within the subdivision. The location of the easements and the physical relation of all utilities within the easement shall be approved by the Town in consultation with the utility providers, prior to final plat approval. Placement of all utilities in a common easement is encouraged when such placement does not conflict with these requirements or others. All off-street easements not contiguous and parallel to the public street right-of-way shall be located in/on areas dedicated as Common Open Space and be dedicated for pedestrian use by the public in accordance with Article 21.

(A)

Water supply for fire protection shall be provided as required by the North Carolina Fire Prevention Code.

(B)

Size, type, and installation of hydrants shall conform to the specifications set forth in the North Carolina Fire Prevention Code.

(C)

The maximum distance between fire hydrants shall be 900' measured by right angles along identified travel way(s).

(A)

Design of the stormwater management system shall be consistent with the Town's stormwater regulations, as contained in the Stormwater Management standards and specifications appearing in Article 19 of this Ordinance.

(B)

The stormwater management system design shall comply with the specifications set forth in the stormwater section of Article 19 of this Ordinance and the Town's Technical Standards & Specifications Manual.

(A)

All subdivision proposals within the Town's jurisdiction shall be consistent with the requirements of the Town's flood protection regulations set forth in Article 18 of this Ordinance and with the need to minimize flood damage.

(B)

All subdivision proposals shall have the utilities and facilities such as sewerage systems, gas lines, electrical, telecommunications (television, Internet, telephone, etc.), and water systems located and constructed to avoid flood damage.

(C)

Adequate drainage shall be provided to avoid exposure to flood hazards.

(D)

Base flood elevation data shall be provided for subdivision proposals whenever any portion of the project site is located within a designated flood hazard area.

(E)

Preliminary and final plats shall note the location of floodplain and floodway boundaries and the 100-year flood (Base Flood) elevation.

(F)

If there is a watercourse or dry branch running through or within 150 feet of the proposed subdivision, the prospective sub-divider shall furnish evidence that residential lots within the subdivision will not be flooded. Lots located in floodplains shall comply with Section 16.2-3(D) of this Article and the flood prevention standards set forth in Article 18.

Buffer strips shall be provided along streams as required by the United States Army Corps of Engineers, State of North Carolina, and/or Watershed Regulations set forth in Article 19 of this Ordinance.

Electrical, Cabled, Wired and Fiber Optic utility lines shall be installed underground unless inconsistent with flood protection requirements.

The Standards of Practice for Land Surveying in North Carolina, as adopted by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, shall apply when conducting surveys.

(A)

Connection to System Required. Any development which has Town water lines available at or within 200 feet of the property line shall be required to extend the public water system throughout the development to each lot located therein. All required line extensions shall include appropriate valves, hydrants, taps, service, manholes, pumps and clean outs to the property line of each lot as required by Town standards. In any case where a public water intended to serve more than two (2) lots is proposed to be installed in a development as part of the plan approval process, such system shall be considered to be a required improvement within the context of this Section regardless of whether such a system is an extension of the Town system or not and such system shall be required to be installed by the developer. This requirement includes both facilities within the development and off-site facilities which are essential to providing the service to the property.

Where public potable water is not available as defined in (B) below, structures shall be connected to an approved private water supply.

(B)

Availability Defined. For developments within or partially within the Town, the term "available" shall mean that there is an existing line of adequate size and flow and/or pressure either crossing the development property, immediately available from an adjacent public right-of-way, within 200 feet of the development's property line, or the Town indicates its commitment to extend such a line to the property line of the development in accordance with a Development Agreement per Article 7 of this Ordinance.

(C)

Exemption from Extension of Lines. In the event the Town, for whatever reason, elects not to allow water service extension to a development, then the developer is not required to extend such services.

(D)

Oversized Water Facilities. The Town may, in order to serve future development, require the developer to install certain oversized water improvements and/or to increase such improvements to a size and/or extent beyond that necessary for the needs created by the subdivision. In such cases, the Town shall enter into a Development Agreement to reimburse the developer for the oversizing and/or extension based upon rates as agreed to by the Town.

(E)

Installation Requirements. All water extensions for new development will be made by the town's public works department or approved licensed contractors. No water line may be connected to the system of the Town unless such line is properly designed and constructed to service the properties intended to be served directly by such line and of a size and design sufficient to accommodate any necessary expansion of the water system to serve other properties, including fire protection.

The Town shall own and control any and all water lines and related facilities connected to and serviced by its water system, except those lines and facilities of other public bodies connected to and serviced by the Town's water system under contracts approved by the Town Board of Commissioners between the Town and other public bodies.

Because the extension of water lines to certain properties benefits the owners of such properties by raising property values, the cost of such extension shall be borne by the developers of such properties as provided in this article except in instances when the Town Board of Commissioners makes a determination that the Town is obligated to extend such utility when it determines that it is the best interest of the Town to do so. In making such a conclusion, it must be demonstrated by the developer to the Town Board of Commissioners that ad valorem taxes to be gained by the Town from the properties which will be served by the proposed utilities will over a five (5) year period exceed the cost incurred by the Town for making such utility extensions.

Additional requirements regarding sizes and installation methods are available from the Public Works Department and/or the Town Engineer.

(F)

Extensions Required by State Law and Emergency Situations. To comply with municipal obligations by state statutes, or in cases of emergency where it is found to be in the public interest or necessary to protect the public health, the Town may authorize extensions of potable water lines into specific areas.

(G)

Payment of Tap Fees. Nothing in this article shall exempt an applicant from paying the standard tap fees in effect at the time the application for connection is made as adopted from time to time by the Town Board of Commissioners. Tap fees for lots created through this Ordinance, where new utility lines are installed by the developer, shall be paid at the time of final plat approval for subdivisions, or phases of subdivisions.

(H)

Extension to Existing Development. Extension of potable water service within the corporate limits of the Town shall be made upon petition as set for by the Town Board of Commissioners.

(I)

Extensions to New Development. Any person desiring to install any potable water line for new developments within the Town to be connected to and served by the water system of the Town shall make applications on forms provided by the Town and shall furnish such information or exhibits as are required by such application forms.

Such application for extension, whenever possible, shall be made simultaneously with the appropriate Development Review Process for the type of development proposed.

The applicant shall pay to the Town a nonrefundable application fee. This fee shall be equal to the annual average potable water extension engineering fee, as determined by the Town Board of Commissioners for the July 1 to June 30 fiscal year, plus an additional fee as established by the Town Board of Commissioners from time to time.

The applicant shall submit engineering plans, profiles and specifications for such water main, including those for any required fire hydrants, valves, manholes, sewer lift stations, force mains or other appurtenances necessary in connection wherewith, to the Town Engineer for approval by the Town Board of Commissioners. All plans shall bear the seal of a registered professional engineer, see Article 7.

No potable water line may be installed and connected to the Town water system except as approved by the Town. Such approval shall meet the requirements of all Ordinances as adopted by the Town Board of Commissioners.

(J)

Denial of Extension. The Town Board of Commissioners will not approve any contract for the installation of any water main to be connected to and served by its water system if in its judgement, the projected volume of water that would be used by any properties to be serviced thereby would unduly burden the available water supply of the Town, or it would not be feasible or otherwise suitable for the Town to commit itself to such cost. Exception to this policy may be made by the Town Board of Commissioners for any meritorious reason and good cause shown.

(A)

Definitions of terms appearing in Section 16.2-18 of this Ordinance including: "maintenance," "repair," "septic tank system," "sewage," "wastewater," and "wastewater system" shall be determined in accordance with G.S. 130A-334.

(B)

Every principal use and every lot within a subdivision not served by a public wastewater collection, transport and treatment system shall be served by a wastewater system, in accordance with G.S. 130A-335, that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

(C)

Plats, as defined by G.S. 130A-334, for new lots and/or parcels shall be submitted for review, whether subject to subdivision approval or not. Each plat shall identify the location of an approved wastewater system and if an on-site wastewater system, then identify the location of the repair field and/or area. Plats shall identify off-site wastewater system locations and show easements where any portion of said off-site wastewater system and/or utility line providing service to the lot extends over any portion of a lot other than the lot for which said off-site wastewater system and/or utility serves. Plats representing locations of on-site and/or off-site wastewater system, utility line and requisite repair areas shall be submitted with all Exempt, Minor Subdivision and Major Subdivision Preliminary Plats and appear on all Final Plats approved for recording in the Carteret County Register of Deeds.