This subchapter shall be known as the Subdivision Ordinance of the Town of Swansboro, North Carolina, and may be cited as the Subdivision Ordinance.

(Ord. 2005-O3, passed 3-15-2005)

   No street shall be maintained by the town, no streetdedication accepted for ownership and maintenance, no building permits issued nor shall water, sewer, or other public facilities or services be extended to or connected with any subdivision for which a plat is required to be approved unless and until the requirements set forth in this ordinance have been met.

(Ord. 2005-O3, passed 3-15-2005)

   All subdivisions shall comply with the principles, goals, and objectives of the Town of Swansboro Comprehensive Plan , as amended from time to time, and all other officially adopted plans and policies of the town. In addition, proposed subdivisions must comply with the requirements of the Town of Swansboro Unified Development Ordinance.

(Ord. 2005-O3, passed 3-15-2005)

   The subdivision ordinance may be amended by the following procedures:

(Ord. 2005-O3, passed 3-15-2005)

   Where, because of topographical or other conditions peculiar to a site, strict adherence to the provisions of this subchapter would cause an unnecessary hardship, the Planning Board may recommend and the Board of Commissioners may authorize a variance if such variance can be made without destroying the intent of this subchapter. Any variance thus authorized is required to be entered in writing in the minutes of the Planning Board and the Board of Commissioners with the reasoning on which the departure was justified set forth. In approving variances, the Board of Commissioners may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this subchapter. A fee, as established by the Board of Commissioners , shall be paid by the applicant for a variance to cover the administrative expenses involved.

(Ord. 2005-O3, passed 3-15-2005)

   The owner or agent of the owner of any land located within the jurisdiction of the town who subdivides his land in violation of the 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 such ordinance and recorded in the office of the appropriate 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 City 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 the subdivision ordinance. Building permits required pursuant to G.S.§160A-417 may be denied for lots that have been illegally subdivided.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2006-11, passed 4-18-2006)

   The Town Manager shall designate such agent or office of the Town of Swansboro as Administrator of this subchapter as shall be determined appropriate.

(Ord. 2005-O3, passed 3-15-2005)

   (A)   Pursuant to G.S. §160A-374 , the approval of a plat shall not be deemed to constitute or effect the acceptance by the town or public of the dedication of any street or other ground, public utility line, or public facility shown on the plat . However, the Board of 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.

   (C)   Unless a municipality, county, or other public entity operating a water system shall have agreed to begin operation and maintenance of the water system or water system facilities within one year of the time of issuance of a certificate for the first unit of housing in the subdivision , a municipality or county shall not, as part of its subdivision regulations applied to facilities or land outside the corporate limits of a municipality, require dedication of water systems or facilities as a condition for subdivision approval.

(Ord. 2005-O3, passed 3-15-2005)

   Where a proposed subdivision includes any part of a thoroughfare which has been designated as such upon the officially adopted thoroughfare plan of Swansboro, such part of such thoroughfare shall be platted by the subdivider in the location shown on the plan and at the width specified in this subchapter.

(Ord. 2005-O3, passed 3-15-2005)

   If the Onslow County Board of Education has determined the specific location and size of any school sites to be reserved or if this information appears in the comprehensive land use plan, the Town of Swansboro Planning Board shall immediately notify the Board of Education whenever a preliminary plan for a subdivision is submitted which includes all or part of a school site to be reserved. The Board of Education shall promptly decide whether it still wishes the site to be reserved. If the Board of Education does not wish to reserve the site, it shall so notify the Planning Board . If the Board of Education does wish to reserve the site, the subdivision shall not be approved without such reservation . The Board of Education shall then have 18 months beginning on the date of final approval of the subdivision within which to acquire the site by purchase or by exercise of the power of eminent domain. If the Board of Education has not purchased or begun proceedings to condemn the site within 18 months, the subdivider may treat the land as freed of the reservation .

(Ord. 2005-O3, passed 3-15-2005)

   Proposed subdivisions must comply in all respects with the requirements of the Unified Development Ordinance, and any other officially adopted plans.

(Ord. 2005-O3, passed 3-15-2005)

   The following shall be exempt from the subdivision regulations; however, other provisions of the Unified Development Ordinance shall apply.

   (A)   The combination or recombination of portions of previously subdivided and recorded lots if 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 its subdivision regulations.

   (B)   The division of land into parcels greater than ten acres if no streetright-of-waydedication is involved.

   (C)   The public acquisition by purchase of strips of land for widening or opening streets .

   (D)   The division of a tract in single ownership, the entire area of which is not greater than two acres into not more than three lots , if no streetright-of-waydedication is involved and if the resultant lots are equal to or exceed the standards of the Town as shown by its subdivision regulations.

   (E)   The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under G.S. Chapter 29.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2021-O3, passed 5-24-2021)

   (A)   Exclusion determination. If a proposed division of land meets one or more of the exclusions under the definition of “Subdivision ” in § 152.016 (Definitions), the owner may submit to the Administrator maps, deeds, or other materials in sufficient detail to permit a conclusive determination by the Administrator . An owner of land who wishes to record a plat of such a division of land shall obtain a certificate of exception (see § 152.385(L)) from the Administrator .

      (1)   The applicant for minor subdivisionplat approval shall submit to the Administrator a plat drawn in waterproof ink on a sheet made of material and of a size that will be acceptable to the Onslow County Register of Deeds Office for recording purposes. When more than one sheet is required to include the entire subdivision , all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision . The scale of the plat shall be at one inch equals not more than 100 feet. The applicant shall also submit one 18" x 24" print and eight 11" x 17" prints of the plat , to be distributed to and reviewed by the town departments, as well as any required application form and required fee.

      (2)   The minor subdivisionplat shall contain the following information:

         (a)   The name of the subdivision , which name shall not duplicate the name of any existing subdivision as recorded in the Onslow County Register of Deeds;

         (b)   The name of the subdivisionowner or owners ;

         (c)   The township, county, and state where the subdivision is located;

         (d)   The name of the surveyor, his registration number, and seal and the date of survey;

         (e)   The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph;

         (f)   All of the additional information required by G.S. § 47-30, and

         (g)   All of the applicable certificates required in § 152.383.

      (3)   The Administrator shall take expeditious action on an application for minor subdivision plat approval. If no decision is rendered by the Administrator within 30 days, the applicant may appeal to the Planning Board for review of the application under the major subdivision approval process. Either the Administrator or the applicant may at any time refer the application to the Planning Board for review under the major subdivision approval process.

      (4)   Subject to division (D)(3) of this section, the Administrator shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in § 152.016, or the application or the proposed subdivision fails to comply with any other applicable requirement of this subchapter.

      (5)   If the subdivision is disapproved, the Administrator shall promptly furnish the applicant with a written statement of the reasons for disapproval.

      (6)   Approval of any plat is contingent upon the plat being recorded within 60 days after the date the certificate of approval is signed by the Administrator or his or her designee. Failure to record the approved plat within the specified 60-day period shall render the plat null and void.

      (1)   A major subdivision, as defined in § 152.016, is a subdivision involving eight or more lots . When a subdivision is to be developed in stages, a sketch design plan and a preliminary plat shall be submitted for the entire development . A final plat may be submitted for each stage. A minor subdivision plat may also be reviewed and approved under the major subdivision process upon the referral of the Town Manager or his/her designee or the minor subdivision plat applicant.

      (2)   The procedures for the review of a major subdivision involve (I) sketch design plan review by the town staff, (ii) preliminary plat review by the town staff, review and recommendation by the Planning Board , and approval by the Board of Commissioners , and (iii) final plat review by the town staff and approval by the Town Manager or his/her designee.

         (a)   A copy of a sketch design plan shall be submitted for Town Manager or his/her designee review and comments. One 24" X 36" print (for subdivisions with 40 or more lots ) or one 18" x 24" print and eight 11" x 17" prints are required for review.

         (b)   A sketch design plan shall be drawn at a scale of approximately one inch to 100 feet unless the size of property dictates a larger scale.

         (c)   The sketch design plan shall depict or show:

            1.   A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts , subdivisions, streets , and waterways.

            2.   Total acreage to be subdivided, minimum lot size, street and lot layout, and acreage left in open spaces or other uses.

            3.   Existing use of the land within the subdivision and adjoining it.

            4.   The name, address, and telephone number of the owner and developer .

            5.   Streets and lots of adjacent developed or platted properties.

            6.   Zoning classifications of the tract and of adjacent properties.

            7.   Areas of environmental concern .

      (1)   Submission requirements. The applicant for preliminary subdivisionplat approval shall submit, at least 15 working days prior to the regularly scheduled Planning Board meeting at which the plat will be considered, one 24" x 36" print and eight 11" x 17" prints of the proposed subdivision for review against sketch design comments. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one inch equals not more than 100 feet. The applicant shall also submit any required application forms and any required fee.

         (a)   The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Onslow County Register of Deeds;

         (b)   The name of the subdivisionowner or owners ;

         (c)   The township, county, and state where the subdivision is located;

         (d)   The name of the surveyor, surveyor’s registration number, surveyor’s seal, and the date of survey;

         (e)   The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph; and

         (f)   All of the additional information required by NCGA § 47-30 and § 152.381.

         (a)   If approval is granted, written confirmation shall be made on two copies of the preliminary plat. One copy of the approved preliminary plat shall be returned to the applicant. Approval of the preliminary plat is authorization for the applicant to proceed with the construction of the necessary improvements . Preliminary approval shall be valid for a period of 12 months from the date of approval of the plat by the Board of Commissioners unless an extension of time is applied for and granted by the Board of Commissioners , or unless a longer time period is established under applicable vested rights provisions. Preliminary plats whose approval has elapsed shall be resubmitted in accordance with the provisions of this section.

         (b)   If the Board of Commissioners conditionally approves the preliminary plat, the conditions and reasons thereof shall be stated in writing.

         (c)   If the Board of Commissioners disapproves the preliminary plat, the reasons for disapproval shall be stated in writing and reference shall be made to the specific section(s) of this subchapter with which the plat does not comply. The applicant may make the recommended revisions and resubmit a revised preliminary plat or may appeal the disapproval of the preliminary plat to the Onslow County Superior Court.

         (d)   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 owner 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 ; and

            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.

         (e)   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 regulation 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 the subdivision regulation and recorded with the register of deeds.

      (5)   Appeals to the Board of Commissioners . If the preliminary plat is disapproved by the Planning Board , the applicant may appeal the decision by requesting through the Town Manager that the preliminary plat be scheduled for review by the Board of Commissioners according to the same review and approval procedures set forth in this division (G).

         (a)   Substantial and continual progress has been made toward the completion of the required improvements;

         (b)   The development is proceeding substantially according to a development timetable or schedule which was submitted and approved at the time of preliminary plat approval; or

         (c)   The developer has submitted evidence that circumstances exist which indicate that the delays in construction are reasonable.

         (d)   It shall be the responsibility of the developer or his/her representative to request an extension in writing of the preliminary plat at least 30 days prior to the anniversary date of its approval.

         (a)   The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Onslow County Register of Deeds;

         (b)   The name of the subdivisionowner or owners ;

         (c)   The township, county, and state where the subdivision is located;

         (d)   The name of the surveyor, surveyor’s registration number, surveyor’s seal, and the date of survey;

         (e)   The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph;

         (f)   All of the additional information required by G.S. § 47-30 and § 152.352; and

         (g)   All of the applicable certificates required in § 152.383.

      (5)   The Town Manager or his/her designee shall forward the staff’s findings and recommendations to the applicant within 30 days of applicants final plat submittal. Until all final plat deficiencies are corrected, the Town Manager or his/her designee will not consider final plat approval.

         (a)   If approval is granted, a signed written certification to this effect shall be entered on the face of the plat in accordance with the requirements of § 152.385.

         (b)   If the Town Manager or his/her designee fails to approve or disapprove the applicant final plat within 15 days of submittal, the applicant may request (through the Town Manager) that the final plat be forwarded to the Board of Commissioners to review and determine approval or disapproval. In such cases, the Board of Commissioners shall follow the same review and approval process as established in this section.

      (1)   The approval and recordation of a final plat does constitute an offer to dedicate but does not constitute dedication to and acceptance for maintenance responsibility by the town or the public of any public road, alley , or utility or drainage easement shown on such plat . Improvements within such rights-of-way or easements , such as utility lines, road paving, drainage facilities, or sidewalks may, however, be accepted for maintenance by the North Carolina Department of Transportation or by the private utility provider upon compliance with applicable NCDOT and private utility provider guidelines and standards.

         (a)   Land designed as public open space on a final plat shall be considered to be offered for dedication until such offer is officially accepted by the town. The offer may be accepted by the town through:

            1.   Express action by the Board of Commissioners of the Town of Swansboro;

            2.   Express action by an administrative officer designated by the Board of Commissioners of the Town of Swansboro; or

            3.   Conveyance of fee simple marketable title (unencumbered financially and environmentally) of the property to the town at the time of final plat recordation.

         (b)   Until such dedication has been accepted, land so offered may be used for open space purposes by the owner or by the owner’s association . Land so offered shall not be used for any purpose inconsistent with the proposed public use.

      (1)   Any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of the town, thereafter subdivides his land in violation of the regulation 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 such regulation and recorded in the office of the Onslow County Register of Deeds, shall be guilty of a Class 1 misdemeanor.

      (2)   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 the subdivision regulation.

      (3)   Building permits required pursuant to G.S. § 160D-1110 may be denied for lots that have been illegally subdivided.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 8-14-2006; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2008-33, passed 11-18-2008; Am. Ord. 2020-O2, passed 4-27-2020; Am. Ord. 2021-O3, passed 5-24-2021)

   Sight line requirements at all intersections will meet sight line triangle requirements of N.C. Department of Transportation (see Appendix II). If it is determined that any vegetation or growth, but not limited to trees, brushes, shrubs, etc., significantly impairs vision at any intersection which is on town right-of-way , the Town of Swansboro will be responsible for removal of said growth. This does not include growth on private property hanging over or projecting into the town’s right-of-way , unless it is deemed to be an immediate emergency. If it is deemed as an immediate emergency, the town may remove such overhanging projection if possible, i.e., broken tree limb ready to fall into street , etc. Furthermore, any visual obstruction deemed to be on private property becomes the responsibility of the property owner to trim, cut, and remove the obstruction. The property owner will be notified in writing of obstruction and will generally be given two weeks to make the necessary correction. The Chief of Police or Administrator may determine if there is any obstruction or visual impairment.

   (D)   Whenever a tract to be subdivided includes or adjoins any part of a thoroughfare or collector road as designated by an officially adopted town Thoroughfare Plan, that part of such proposed public right-of-way shall be dedicated as public right-of-way within the subdivision plat in the location and to the width recommended by the Thoroughfare Plan or this subchapter.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O28, passed 10-21-2008)

   (A)   Land which the Planning Board has determined, either though its own investigations or the investigations of other public agencies, to be unsuitable for development because of flooding , poor drainage, steep slopes, poor soil conditions, and other such physical features which may endanger health, life, or property or necessitate the excessive expenditure of public funds for the provision and/or maintenance of public services shall not be approved for subdivision unless methods are formulated by the developer for mitigating the problems created by the subdivision of such land.

   (B)   Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Onslow County Health Department, a structural engineer, and a soils expert determine that the land is suitable for the type of construction proposed.

   (C)   All subdivisions shall be consistent with the provisions of the Swansboro Flood Damage Prevention Ordinance. Required public utilities and facilities in all subdivisions shall be installed so as to minimize the flood damage.

   (D)   Where Areas of Environmental Concern have been identified, the suitability of the land in those areas will be based upon the guidelines and standards developed in accordance with the Coastal Management Act of 1974.

(Ord. 2005-O3, passed 3-15-2005)

   The size, shape, and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall conform to the following:

      (1)   Every lot shall have sufficient area, dimensions, and street access to permit a principal building to be erected thereon in compliance with the applicable requirements of the Swansboro Zoning Ordinance and other requirements of this subchapter. Lots not served by public water and/or sewer service shall comply with the specifications and standards of the Onslow County Health Department, but in no case shall the lot size be less than the minimum lot size required in the underlying zoning district.

      (2)   Lots within Planned Unit Developments , townhousedevelopments , manufactured home subdivisions, and campground subdivisions shall comply with the applicable requirements of the Swansboro Zoning Ordinance.

         (a)   Flag lots meeting the following requirement:

            1.   The flag lot is located in an approved residential cluster development ;

            2.   A flag lot shall serve only one single-familydwelling and its uninhabited accessory structures ;

            3.   The maximum flagpole length shall be 300 feet;

            4.   The minimum flagpole width shall be 30 feet;

            5.   The minimum separation between the flagpole portion of the lot and that of the flag pole portion of another flag lot shall be 150 feet;

            6.   Where public water is available, any building on the flag lot must be within 500 feet of a hydrant. This distance shall be measured along the street , then along the flagpole, then in a straight line to the building location;

            7.   Where public sewer is available, occupied buildings on the flag lot shall have a gravity service line, or the sewer pump requirements shall be noted on the plat ; and

            8.   Use of single driveway to serve a flag lot and an adjoining lot is permitted and encouraged; the preferred location for the driveway is on the flagpole portion of the flag lot , with the conventional lot granted an access easement over the flagpole.

         (b)   Lots served by exclusive access easements meeting the following criteria:

            1.   An exclusive access easement shall serve only one single-familydwelling and its uninhabited accessory structures ;

            2.   Lots to be served by an exclusive access easement shall not be created in an area served by public water or sewer;

            3.   The minimum lot size shall be one acre (excluding the easement portion);

            4.   The minimum easement width shall be 25 feet;

            5.   The maximum easement length shall be 300 feet;

            6.   The minimum separation between the easement portion and any other platted access or right-of-way shall be 150 feet;

            7.   The location of the easement must be recorded on a plat ; and

            8.   The exclusive access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot .

         (c)   Lots and units located in developments with owners’ associations or in group developments in which permanent access is guaranteed by means of approved private streets and/or drives designed in accordance with the requirements of the Swansboro Zoning Ordinance.

         (a)   Major subdivisions shall not be approved that permit individual residential lots with direct vehicular access to thoroughfares, as shown on the adopted thoroughfare plan, all federal highways and all State of North Carolina bridges and secondary roads, unless the Planning Board determines that no practicable alternative for access exists. If reverse frontage lots are required by the Planning Board , vehicular access shall be permitted only to the subordinate internal subdivision street .

         (b)   In order to reduce traffic congestion, commercial and industrial subdivisions may be required to provide a frontage road along major thoroughfares , as shown on the adopted thoroughfare plan, unless the Planning Board determines that no practicable alternative for access exists. Where a frontage road is required, intersections with public streets shall be spaced no closer than 800 feet. Frontage roads may be permitted within the rights-of-way of existing streets subject to the approval of the NCDOT or the Town of Swansboro, as applicable.

(Ord. 2005-O3, passed 3-15-2005)

      (1)   The street system of a subdivision shall be coordinated with existing, proposed, and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, “surrounding streets ”) as provided in this section.

      (2)   Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

      (3)   Subcollector, local, and minor residential streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

      (4)   Whenever connections to anticipated or proposed surrounding streets are required by this section, the streetright-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract ) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 900 feet may be created unless no other practical alternative is available.

      (5)   Reserve strips adjoining road rights-of-way for the purposes of preventing access to adjacent property shall not be permitted under any condition.

      (1)   Private streets shall be permitted development with owners’ associations .

      (2)   The minimum design standards for all private streets will be equivalent to the minimum Town of Swansboro Street Construction Standards and Specifications. In absence of Town of Swansboro Street Construction Standards and Specifications, the most current NCDOT standards will be used.

      (3)   An owner’s association is required to own and maintain all private streets allowed under this subchapter. All private streets will be indicated as such on the plat .

      (4)   No through street in a residential area connecting two public streets can be designated as a private street , unless approved by the Planning Board .

      (5)   All private streets , connecting with state-maintained streets , require an approved driveway application from the NCDOT.

      (6)   The minimum width of all sidewalks constructed, shall be five feet.

      (7)   A disclosure statement in accordance with G.S. §136-102.6 shall be recorded simultaneously with the plat and referenced on the final plat . The disclosure statement must contain the provision(s) for construction and/or maintenance of the private street (see § 152.385).

      (1)   All streets shall intersect at or as near to 90 degrees as possible within topographic limits, and no street shall intersect any other street at an angle less than 75 degrees.

      (2)   All streets crossing natural areas, wetlands, or stream buffers must cross at or as near to 90 degrees as possible within topographic limits.

      (1)   Where streets are offset, the centerlines shall be offset no less than 150 feet.

      (2)   Except where no other alternative is practicable or legally possible, no two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street . When the intersecting street is a major thoroughfare , the distance between intersecting streets shall be at least 1,000 feet.

      (1)   Curb and gutters shall be required in all subdivisions unless a variance from this requirement is specifically granted by the Board of Commissioners . Curbs and gutters shall be constructed in conformance with the design criteria of the Town of Swansboro Street Construction Standards and Specifications. In absence of Town of Swansboro Street Construction Standards and Specifications, the most current NCDOT standards will be used.

      (2)   As provided in G.S. §136-44.14, whenever curb and gutter construction is used on public streets , wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the NCDOT.

      (1)   The maximum grade at any point on a street constructed without curb and gutter shall be 6%. On streets constructed with curb and gutter, the grade shall not exceed six percent unless no other practicable alternative is available. In no case, however, may streets be constructed with grades that exceed 10%.

      (2)   The grade on stop streets approaching an intersection shall not exceed 5% for a distance of not less than 100 feet from the centerline of the intersection.

      (1)   The Planning Board may require utilization of the North Carolina Department of Transportation Operations Traditional Neighborhood Development Street Design (TND) Guidelines in any subdivision located in the town’s extraterritorial jurisdiction with the approval of the NCDOT. TND standards for streets and sidewalks are limited to subdivisions having a minimum of 40 acres and a maximum of 125 acres.

      (2)   A Traditional Neighborhood Development (TND) is a human scale, walkable community with moderate to high residential densities and a mixed use core. Compared with conventional suburban developments , TNDs have a higher potential to increase modal split by encouraging and accommodating alternate transportation modes. TNDs also have a higher potential for capturing internal trips, thus reducing vehicles miles traveled.

      (3)   A dense network of narrow streets with reduced curb radii is fundamental to TND design. This network serves to both slow and disperse vehicular traffic and provide a pedestrian friendly atmosphere. Such alternate guidelines are encouraged by NCDOT when the overall design ensures that non-vehicular travel is to be afforded every practical accommodation that does not adversely affect safety considerations. The overall function, comfort, and safety of a multi-purpose or “shared” street are more important than its vehicular efficiency alone.

      (4)   TNDS have a high proportion of interconnected streets , sidewalks, and paths. Streets and rights-of-ways are shared between vehicles (moving and parked), bicycles, and pedestrians. The dense network of TND streets functions in an interdependent manner, providing continuous routes that enhance non-vehicular travel. Most TND streets are designed to minimize through traffic by the design of the street and the location of land uses. Streets are designed to only be as wide as needed to accommodate the usual vehicular mix for that street while providing adequate access for moving vans, garbage trucks, fire engines, and school buses.

      (5)   As part of the NCDOT design criteria, there must be a discernable community center or core area. The proposed development must have a mixture of residential and non-residential land uses, with at least 10% of the developed area consisting of non-residential uses. Most non-residential uses are located within the community core area. Within the core area, a minimum of 15% of floor area must be devoted to commercial uses oriented towards TND residents. Elementary schools are an important community element. Public structures, such as schools , churches and civic buildings, and public open spaces , such as squares, parks , playgrounds, and greenways, shall be integrated into neighborhood pattern.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2013-O13, passed 5-21-2013)

(Ord. 2005-O3, passed 3-15-2005)

      (1)   Water and sewer lines, connections, and equipment shall be constructed in accordance with state and local regulations and policies and to the specifications and standards of the applicable utility provider.

      (2)   In the interest of adequately providing service to adjacent properties, the Town of Swansboro may require the installation of certain oversized utility improvements or the extension of utility improvements to adjacent properties. If the town requires the installation of utility improvements in excess of the standards and specifications required in this subchapter as well as those adopted by reference, the town shall pay the cost of differential between the required oversized improvements and the standard improvements required by this subchapter.

      (1)   Connection of each lot to public water and sewer utilities shall be required if the proposed subdivision is within two hundred feet of the nearest adequate lines of a public system, provided that no geographic or topographic factors would make such connection infeasible or that a specific variance of this requirement is granted by the Board of Commissioners . Where public sewer is not available, lots shall be evaluated, at the developer ’s expense, in accordance with “Laws and Rules for Sanitary Sewage Collection, Treatment, and Disposal 15 A NCAC 18 A 1990". Approval of the Onslow County Health Department shall be obtained after preliminary plat approval. The final plat shall show lot (s) denied or not evaluated crosshatched and labeled “NO IMPROVEMENT PERMIT HAS BEEN ISSUED FOR THIS LOT ”.

      (2)   Water and sewer lines shall be constructed in conformance with the design criteria of the Town of Swansboro Water and Wastewater Improvements Standards and Specifications or to the standards and the specifications of another water and sewer service provider which may have operating control of the system, if provided by contract.

      (3)   Water and/or sewer connections to subdivisions located within the town’s ETJ shall be approved by the Town of Swansboro Board of Commissioners or other applicable utility provider prior to preliminary plat approval. Voluntary annexation of such subdivisions shall be a prerequisite to the provision of water and/or sewer service by the Town of Swansboro.

      (1)   Easements shall be provided for electrical, telephone, natural gas, cable television, water, and sewer utilities where necessary to serve every platted lot . The developer and the utility provider(s) shall agree on the location and the width of the easements . Any easements for subsurface sewage disposal systems shall be delineated on the final plat and described by bearings and distances.

      (2)   The developer shall transfer to the town the necessary ownership or easement rights to operate and maintain the utility facilities. In addition, the developer shall dedicate sufficient easement rights to accommodate the extension of utility service to adjacent or nearby properties whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments .

      (3)   Where a subdivision is traversed by a water course, drainageway , channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose of drainage. Parallel streets may be required in connection therewith.

      (4)   Lakes, ponds, creeks, and similar areas will be accepted for maintenance only if sufficient land is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system. The acceptance of such dedicated areas must be reviewed and recommended by the Planning Board before the Board of Commissioners will consider accepting it.

         (a)   Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments , such utility facilities (e.g. water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.

         (b)   All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development .

         (a)   No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and all plans and specifications have been approved by the appropriate authorities.

         (b)   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 subchapter until the final plat has been approved and recorded. The subdivider , prior to commencing any work within the subdivision shall make arrangements with the Administrator of this subchapter to provide for adequate inspection. The approving authorities having jurisdiction or their representatives, shall inspect and approve all completed work prior to release of sureties.

      (3)   As-built drawings required. Whenever a developer installs or causes to be installed any utility line in any public right-of-way, the developer shall, as soon as practicable after installation is complete, and before acceptance of any water or sewer line, furnish the town with a copy of a drawing that shows the exact location of such utility lines. Such drawings must be verified as accurate by the utility service provider. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development .

      (1)   A surface water drainage system, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water. The surface water drainage system plan shall be designed in accordance with the Sedimentation Pollution Control Act, the North Carolina Stormwater Run-off Regulations, the Handbook for the Design of Highway Surface Drainage Structures, and the specifications and standards of the Town of Swansboro.

      (2)   No surface water shall be channeled into a sanitary sewer.

      (3)   Storm drainage systems shall be enclosed and buried underground with minimal disruption of surface features, unless the town approves an alternative surface storm drainage system design.

      (4)   Where feasible, the subdivider shall connect the new subdivision’s storm drainage system to an existing storm drainage system. Where an existing storm drainage system cannot feasibly be extended to the new subdivision, a drainage system shall be designed to protect the proposed development from water damage. Ten-year storm drainage data shall be used as a minimum standard for storm drainage system design.

   (A)   Sidewalks shall be appropriately related to and coordinated with surrounding existing and proposed pedestrian ways and transportation patterns. Sidewalks and pedestrian ways shall connect where necessary to permit the convenient and safe movement of pedestrians. To provide convenient access for pedestrians, each new development or expansion to an existing use/site that exceeds 50% or more of the current tax or appraised value shall:

      (1)   Provide sidewalks with direct access to adjacent development , neighborhoods, parks , bus stops, and street sidewalks or an alternative pedestrian system approved by the Town of Swansboro;

      (2)   Investigate the possibility of using utility easements as connecting trails;

      (3)   Preserve existing trails unless a superior alternative is provided;

      (4)   Submit written plan clearly identifying the party responsible for ongoing maintenance of any pedestrian facilities not located on public right-of-way or other easement ;

      (5)   Construct walkways along all public and private streets unless environmental conditions dictate otherwise; and

      (6)   All crosswalks should be clearly marked with paint, thermo-plastic, or contrasting surface material.

   (B)   Unless a variance for this requirement is granted by the Board of Commissioners , sidewalks are required along both sides of all streets constructed in an approved subdivision; on corner lots , sidewalks shall be installed along both streets . Sidewalks and sidewalk/ driveway intersections shall be constructed consistent with the specifications of the Town of Swansboro as they may be amended from time to time.

   (C)   In order to provide, where feasible, unbroken pedestrian routes between developments , sidewalks shall be installed along the perimeter of all sides of a subdivision which abuts an existing street tight-of-way. This may require the construction of sidewalks along with the front, rear, and side property lines when a lot abuts one or more existing or proposed streets .

   (D)   As provided in G.S. §136-44.14, whenever curb and gutter construction is used on public streets , wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the NCDOT.

   (E)   Sidewalks shall be constructed to a minimum width of five feet, and shall consist of a minimum thickness of four inches of concrete. All sidewalks shall be placed in a right-of-way , unless the development is platted as a planned unit or group development . The edge of a sidewalk shall be one foot from the edge of the property line, sidewalks shall consist of a minimum of six inches of concrete at driveway crossings. Sidewalks shall be located in the dedicated non-pavement right-of-way of all roads or other approved easement .

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2013-O13, passed 5-21-2013)

   (A)   All subdivisions adjoining a waterfront, adjacent to a public amenity site, public park, and/or public open space, shall provide for public access to the waterfront or public area.

   (B)   Such access shall consist of one ten-foot pedestrian easement for each 600 feet or portion thereof of shared property line/frontage on the water.

   (C)   In subdivisions with 300 feet or less of shared property line/water frontage, the Planning Board may not require a pedestrian easement to be included, provided that pedestrian easement exists within 300 feet of the nearest point of said subdivision.

   (D)   All pedestrian easements shall be directly accessible to a publicly maintained street right-of-way or an approved private street right-of-way. The Board of Commissioners shall determine if easements are to be dedicated to the Town of Swansboro.

   (E)   Should a publicly maintained street right-of-way be relocated, pedestrian easements shall be extended to the new right-of-way.

   (F)   Where an existing pedestrian easement dedicated to the Town of Swansboro, the State of North Carolina or the United States Government is within an area to be subdivided, such easement may count towards meeting the requirements contained herein.

   (G)   The Board of Commissioners may, in lieu of requiring the installation of pedestrian easements , allow the subdivider to donate land to the Town of Swansboro that is adjacent to and provides access to these areas and is at least equivalent in size to the total square footage of required easements . The donated property shall be in the general vicinity of the subdivision. A combination of donated land and easements may also be allowed.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2020-O8, passed 6-22-2020)

   Subdivisions designed to accommodate townhousedevelopment shall comply with the additional applicable provisions of the Swansboro Zoning Ordinance.

(Ord. 2005-O3, passed 3-15-2005)

      (1)   All common open space , shown on the final plat plan and recorded in the Onslow County Office of the Register of Deeds, must be conveyed by the following method: by leasing or conveying title (including beneficial ownership to a corporation, association or other legal entity). The terms of such lease or other instrument of conveyance must include provisions suitable to the Planning Board for guarantee:

         (a)   The continued use of such land for the intended purposes;

         (b)   Continuity of proper maintenance for the portions of the open space land requiring maintenance; and

         (c)   When appropriate, the availability of funds required for such maintenance.

      (2)   Planned unit developments shall reserve not less than 20% of gross acreage as open space . Said open space shall be portionally distributed throughout the total residential area as nearly as possible.

      (3)   A minimum of 25% of the required open space shall be developed for recreational purposes and said recreation space may be located in one or more sites within the total area occupied by the PUD. Recreation space herein defined may be natural or landscaped for the use of active or passive recreation and should be located in a usable recreational area.

      (4)   In any event, the developer must file in the Onslow County Register of Deeds office, at the time the approved final subdivision map is filed, legal documents which will produce the aforesaid guarantees and, in particular, will provide a method of restricting the use of common space for the designated purposes.

(Ord. 2005-O3, passed 3-15-2005)

   Subdivisions designed to specifically accommodate manufactured housing shall comply with the additional provisions of the Swansboro Zoning Ordinance.

(Ord. 2005-O3, passed 3-15-2005)

   Subdivisions designed to specifically accommodate recreational vehicles, campers, tents, or travel trailers shall comply with the additional provisions of the Swansboro Zoning Ordinance.

(Ord. 2005-O3, passed 3-15-2005)

   (A)   In subdivisions located in residential zoning districts, a buffer strip at least 20 feet in depth, in addition to normal lot depth or width required, shall be provided adjacent to all major and minor thoroughfare highways, and industrial and commercial uses or zoning districts. The following notation should be provided on the face of the plat : “This strip is reserved for the planting of trees or shrubs by the developer; the building of structures hereon is prohibited”.

   (B)   Buffer areas required by this section shall contain a solid fence or wall, or evergreen hedge of at least six feet in height. Such fence , wall, or hedge shall be maintained in good condition and the vegetation shall be at least three feet in height at the time of planting.

   (C)   In subdivisions with private streets , the homeowners or property owners association shall be responsible for the maintenance of the buffer area. In subdivisions with public streets , the buffer area shall be dedicated to the town for maintenance.

   (D)   The buffer area specified in division (A) of this section shall not be required if, at the time of plat approval, an adequate buffer area currently exists on the adjacent property.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2013-O9, passed 4-16-2013)

   In subdividing property, due consideration shall be given by the developer to the reservation of suitable sites for school and other public uses in accordance with G.S. §160A-3721.

(Ord. 2005-O3, passed 3-15-2005)

   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 Surveyor, shall apply when installing monuments.

(Ord. 2005-O3, passed 3-15-2005)

   Proposed subdivisions must comply in all respects with the requirements of the Town of Swansboro Zoning Ordinance and with any ordinances and plans officially adopted by the town. Whenever there is a conflict between requirements, the more restrictive shall apply.

(Ord. 2005-O3, passed 3-15-2005)

   All lots , structures, utilities, land disturbing activities, and filling activities shall comply with any applicable state and federal regulations, including but not limited to, the Coastal Area Management Act (CAMA) of 1974; §404 of the Clean Water Act, Code of Federal Regulation; and the Sedimentation Pollution Control Act of 1973. Whenever there is a conflict between requirements, the more restrictive shall apply.

(Ord. 2005-O3, passed 3-15-2005)

      (1)   Dedicate to the Town of Swansboro a portion of said property or other land considered by the Town to be suitable for the purposes of parks and recreation; or

      (2)   Make a cash payment in lieu of such dedication in accordance with the provisions in this subchapter.

   (D)   Acceptance of dedication or payments in lieu of dedication . Unless a cash payment is required in lieu of land dedication , the decision of the Board of Commissioners as to whether it will accept a dedication of property or a cash payment in lieu of dedication shall be in the sole discretion of the Board of Commissioners . The Board of Commissioners shall consider any recommendation of the Parks and Recreation Board of the Town of Swansboro before making its decision, provided that the Board of Commissioners shall not be bound by the recommendation of the Parks and Recreation Board.

      (1)   The area required to be dedicated pursuant to this chapter shall be computed as follows: the total number of lots or units in the subdivisions shall be multiplied by 0.025 acres. That product shall then be multiplied by the appropriate “density multiplier” as set out in the table below. That product shall then be expressed in acres and shall be the “area required” to be dedicated. Thus the formula can be summarized as:

 

 

      (2)   The “density multiplier” to be used in any case shall be the figure from the tables set out below which corresponds to the average acreage per lot or unit in the subdivision, rounded to the nearest one-hundredth of an acre.

 

 

      (1)   When a cash payment is required in lieu of dedication, such payment shall be paid by the subdivider to the Town of Swansboro, shall be placed by the Town of Swansboro in a parks and recreation capital reserve fund, and may be used only for the acquisition or development of recreation, park, or open space sites to serve the subdivision being developed or subdivisions or development within the immediate area.

      (2)   The amount of the payment in lieu of dedication shall be based, in part, on the tax value of the subdivision as of the time of final plat approval, after removal of any exemptions allowed for agricultural, woodlands, or other non-urban use. The required payment shall be the product obtained by multiplying the tax value of the subdivision (as defined above) by a fraction, the numerator of which is the “Area Required” pursuant to the computations prescribed above, and the denominator of which is the total area of the development or subdivision.

 

 

      (3)   All sums payable pursuant to this section shall be paid in full prior to final plat approval and shall be reported to the Board of Commissioners at the time of final plat approval.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2008-32, passed 11-18-2008; Am. Ord. 2021-O3, passed 5-24-2021)

 

   Submission of all plats or maps shall contain the following information before submission to the Administrator for review. An “X” indicates required information. Additional information may be required for approval of a plat . The Administrator may waive items required for Minor, Sketch and Preliminary plats if it is judged that they are not necessary to complete the review. The Town Manager may waive items required for the Final plat if it is judged they are not necessary to complete the review.

 

   In addition to the written application and the plats , whenever the nature of the proposed development makes information or documents such as the following relevant, such documents or information shall be provided. The following is a representative list of the types of information or documents that may be requested at the time of plat submission.

 

 

      (1)   Concrete curbs and gutters will be installed by the sub-divider in accordance with NCDOT standards or town specifications, whichever is greater.

      (2)   The inspection of the curb and gutters shall be considered for approval by the town’s Public Works Director and/or consulting engineer.

      (3)   Curbs and gutters shall be concrete combination curb and gutter.

      (1)   Storm sewers, drains and structures shall be installed by the subdivider in accordance with NCDOT standards or town specifications, whichever is greater.

      (2)   The inspection of the storm drainage shall be considered for approval by the town’s Public Works Director and/or consulting engineer.

         (a)   No final plat shall be approved until the required improvements have been constructed in a satisfactory manner and approved by the Town Manager or his/her designee and a financial guarantee has been posted, or, in lieu of such prior construction, the town may accept a letter of credit, a certificate of deposit, cash or certified check, or bond in the required amount. Acceptable financial guarantee formats:

         (b)   All financial guarantees submitted shall be accompanied by an agreement signed by the developer, and the Town Manager or his/ her designee. The agreement shall include a completion date, which cannot exceed two years from the application date, unless special approval has been granted by the Board of Commissioners for a completion date, which exceeds two years.

         (c)   All financial guarantees, agreements, and/or accompanying documentation must at least contain the following language: “ This instrument is for the purpose of insuring that developer’s name] will complete all water facilities, sewer facilities, streets , sidewalks, storm drainage, and all other public improvements as shown on the preliminary plat for [subdivision name] as approved by the Swansboro Board of Commissioners and guarantee these public improvements for a 12-month warranty after the public improvements have been approved by the town. The issuer of this instrument of financial guarantee agrees that, upon receipt of a written certification from the Town Manger that any portion of the required improvements has not been installed or properly maintained through the warranty period, to issue payment from this guarantee to the Town in the amount required to effect the necessary improvements ”. Each project may vary as to the improvements required; however, all financial guarantees must include the specified phrase.

         (d)   All financial guarantees must either be issued from a financial institution incorporated in the State of North Carolina or be redeemable at a financial institution incorporated in the State of North Carolina.

         (e)   All forms of guarantees must be approved by the Finance Director or their designee and the Town Manager or his/her designee before acceptance.

         (f)   Except for those guarantees that may be associated with improvements that will or have been under the purview of the Onslow Water and Sewer Authority (ONWASA), those guarantees will meet the standards, requirements, amounts and/or processes set forth by ONWASA.

         (a)   The Planning Department shall submit the plans and developer’s cost estimates to the Town’s consulting engineer for review and agreement on cost estimates. The cost of Town Engineer services rendered to review cost estimates are the burden of the developer.

         (b)   The town’s consulting engineer shall submit detailed cost estimates changes, if any, to the Planning Department.

         (c)   The Planning Department shall then notify the applicant (developer) of the amount needed for the financial guarantee.

         (d)   Financial guarantee estimates will be considered valid for two years and must be reviewed every two years and adjusted accordingly to reflect market values. Estimates will be determined by using the current year construction cost index or other acceptable methods as approved by town consulting engineer and Town Manager or his/her designee.

         (a)   The estimated cost of total improvements (for the purpose of the warranty) and of the incomplete improvements shall be determined by the town’s consulting engineer, including any appropriate contingency amounts. The engineer may, at his discretion, take into consideration any cost information submitted by the developer.

         (b)   The amount of the financial guarantee required shall be the total cost of all incomplete improvements as determined by the town staff and the town’s consulting engineer plus 25%.

         (c)   The warranty period begins after the following are complete:

            1.   The developer’s engineer provides a letter certifying that all improvements have been completed in accordance with the approved subdivision plans;

            2.   The Town Manager or his/her designee has issued a letter of approval for the improvements ; and

            3.   The warranty period financial guarantee has been submitted and accepted.

         (c)   Expiration and renewal. Approximately 45 days prior to the expiration date of the financial guarantee, the Town Finance Director shall notify the developer and financial guarantee company by certified mail that the town will condemn their financial guarantee if a renewed financial guarantee is not submitted prior to the expiration date. The town will send only one notification.

         (a)   The developer shall submit, in writing, a request to the Planning Department for a final inspection once all work is complete.

         (b)   Once the town has determined that all improvements are complete, except for sidewalks, and meet approved standards, the financial guarantee may be reduced to 10% of the total cost of improvements plus the amount needed for uncompleted sidewalks. A new estimate of the cost of the uncompleted sidewalks, plus 25% will be made at this time to insure an adequate financial guarantee and would be valid for a two-year period.

         (c)   The Planning Department shall prepare a Board of Commissioners agenda item for improvements to be accepted within 60 days of the reduction. Once the improvements are accepted, the 12-month warranty period shall begin.

         (d)   After the improvements have been accepted by the Board of Commissioners , the town shall hold a financial guarantee of no less than 10% of the total cost of improvements plus 125% of the cost of any incomplete sidewalks for a 12-month warranty period.

         (e)   During the ninth month of the warranty period, the town shall inspect the project for any deficiencies. If deficiencies are found, the town shall notify the developer. If the developer does not correct the deficiencies, the Town Manager or his/her designee may condemn the guarantee and correct the deficiency or contract to have it corrected. If the Town Manager or his/her designee decides to condemn a guarantee an appeal may be made to the Board of Commissioners for this consideration.

         (f)   Once the Finance Director has been notified by the Planning Department that the project is complete and meets town standards, the Finance Director shall return the financial guarantee.

         (a)   Inspections are required once improvements are complete, the developer shall submit, in writing, a request to the town for a final inspection. The town shall inspect the subdivision. If deficiencies are found, the town shall notify the developer by in writing. Once the corrections have been completed, the developer must request an inspection by the town for verification of the satisfactory completion of the corrections. The town will notify the developer in writing of its findings and reduce the financial guarantee as appropriate.

      (10)   Warranties that may be associated with improvements that will or have been under the purview of the Onslow Water and Sewer Authority (ONWASA) will meet the standards, requirements, terms and/or processes set forth by ONWASA.

      (1)   Construction of sidewalks in subdivisions may be delayed by the developer for a period not to exceed 12 months from the date of acceptance of public improvements provided that the town holds a financial guarantee in an amount equal to the value of the uncompleted sidewalks plus 25%; however, no final inspection or certificate of occupancy for any building may be issued until the construction of sidewalks have been completed upon the land for which such final inspection or certificate of occupancy is required and the construction approved by the Town Planning Department. If the developer cannot complete sidewalks within 12 months of acceptance of public improvements , a request may be made to the town for additional time. The Town Manager or his/her designee shall have the authority to approve up to two, 12-month extensions completion periods for the sidewalk installation. If the Town Manager or his/her designee does not grant extensions for uncompleted sidewalks, the financial guarantee will be condemned and used to rectify the deficiency. If the Town Manager or his/her designee decides to condemn a guarantee an appeal may be made to the Board of Commissioners for their consideration.

      (2)   A financial guarantee payable to the town in an amount equal to the estimated cost of the construction of the sidewalk, plus 25%, for that subdivisionimprovement shall be submitted to the town by the developer. In the event of a default by the developer in the requirements of this ordinance, and after 45 days written notice of such default by the town to the developer, the financial guarantee shall be forfeited to the town and the town may construct the sidewalks in question and apply the amount of said financial guarantee to the construction cost.

      (3)   In no case shall any town official accept the improvements in a subdivision for town maintenance responsibility without the installation of sidewalks being completed or a financial guarantee payable to the town being posted to guarantee such construction.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2006-20, passed 9-19-2006; Am. Ord. 2011-O26, passed 8-16-2011)

I (we) hereby certify that I am (we are) the owner (s) of the property described hereon, which property is within the subdivision regulation jurisdiction of the Town of Swansboro, and that I (we) freely adopt this plan of subdivision.

                                                                                                             

      Owner                                    Date

      Owner                                    Date

I (we) hereby certify that I am (we are) the owner (s) of the property described hereon, which property is located within the subdivision regulation jurisdiction of the Town of Swansboro, that I (we) freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets , alleys, walks, parks , open space , and easements , except those specifically indicated as private, and that I (we) will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Board of Commissioners of the Town of Swansboro in the public interest.

      Owner                                    Date

      Owner                                    Date

      (Notarized)                                 Date

I hereby certify that the minor subdivision shown on this plat does not involve the creation of new public streets or any change in existing public streets , that the subdivision shown is in all respects in compliance with the Subdivision Ordinance of the Town of Swansboro, provided that the number of lots within the area of the subdivision remains not greater than seven in number. This plat has been approved by the Administrator , subject to its being recorded in the Onslow County Register of Deeds within 60 days of the date below.

      Administrator                              Date

      Board of Commissioners, Mayor                  Date

I hereby certify that the subdivision depicted hereon has been granted final approval pursuant to the Subdivision Ordinance of the Town of Swansboro subject to its being recorded in the Office of Register of Deeds within 60 days of the date below.

      Town Manager or his/her designee               Date

      Administrator                              Date

      Surveyor                                 Registration Number

Seal or Stamp of Surveyor

I hereby certify that the streets as depicted hereon are/are not consistent with the requirements of the North Carolina Department of Transportation.

      District Engineer                           Date

“The maintenance of streets designated on this plat as ‘private’ shall be the responsibility of property owners within this development having access to such roads. Private streets as shown hereon were not constructed to the minimum standards required to allow their inclusion, for maintenance purposes, on the North Carolina highway system nor on the Town of Swansboro street system. Neither the Town of Swansboro nor the North Carolina Department of Transportation will maintain a private street .”

“The Onslow County Environmental Health Section has performed a soil evaluation on each lot within this subdivision. Results of these evaluations are available for review in the offices of the Environmental Health Section during normal office hours. These soil evaluations should be reviewed prior to the purchase of any lot . An improvements permit for a ground absorption sewage disposal system and/or water supply permit will be required prior to obtaining a building or manufactured home permit.”

      Supervisor, Environmental Health Section or         Date

      Authorized Representative

I hereby certify that the drainage and streetimprovements have been installed in accordance with the North Carolina Department of Transportation and/or Town of Swansboro Standards or that a sufficient surety has been provided to cover the cost of construction in accordance with the requirements of the Town of Swansboro Subdivision Ordinance.

      Authorized Agent                           Date

      (1)   This survey creates a subdivision of land within the jurisdictional area of the Town of Swansboro and that the town has an ordinance that regulates parcels of land;

      (2)   This survey is located in a portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land;

      (3)   Any one of the following:

         (a)   This survey is of an existing parcel or parcels of land and does not create a new road or change an existing street ;

         (b)   This survey is of an existing building or other structure, or natural feature, such as a water course;

         (c)   This survey is a control survey;

      (4)   This survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exception to the definition of subdivision; or

      (5)   The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor’s professional ability as to provisions contained in (1) through (4) above.

      Surveyor                                 Date

      (Seal or Stamp of Surveyor)

      Owner                                    Date

      Owner                                    Date

      Administrator                              Date

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-33, passed 11-18-2008; Am. Ord. 2011-O26, passed 8-16-2011)