Wrightsville Beach City Zoning Code

ARTICLE 155

12 SUBDIVISION REGULATIONS

Section 155.12.1 Plat Required for Land Subdivision.

Parcels may not be subdivided by deed alone. All subdivision of parcels requires recordation of a plat.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.2 Approval of Subdivision Plats Required.

No subdivision plat of land within the platting jurisdiction shall be filed or recorded until it has been submitted to and approved by the Board of Aldermen, and the approval has been entered in writing on the plat by the Town Clerk. The Register of Deeds, upon receipt of a copy of this Ordinance, shall not file or record a plat of a subdivision of land located within the platting jurisdiction without the approval of the plat as required in this section.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.3 Plat Approval Required for Building Permit.

No building permit may be issued for any construction on any proposed lot shown on a plat until a final plat has been approved and recorded, except that a building permit may be issued for one structure on one lot shown on any approved preliminary plat prior to recordation of a final plat. The Building Inspector shall deny building permits for subdivision lots created in violation of the terms and conditions of this Ordinance.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.4 Plat Approval Not to Constitute Acceptance of Dedication.

The approval of a plat by the Board of Aldermen shall not be deemed to constitute or affect the acceptance by the town or the public of the dedication of any street or other ground, public utility line, or other public facility shown upon the plat.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.5 Expedited Review.

The town may only require a plat for recordation for the division of land in single ownership if all of the following are met:

(A) The tract or parcel to be divided is not exempted as a division of land into parcels greater than ten acres where no street of right-of-way is involved.

(B) No part of the tract or parcel to be divided has been divided under this subsection in the ten years prior to division.

(D) After division, no more than three lots result from the division.

(E) After division, all resultant lots comply with all of the following:

(1) All lot dimension size requirements of the applicable land-use regulations, if any.

(2) The use of the lots is in conformity with the applicable zoning requirements, if any.

(3) A permanent means of ingress and egress is recorded for each lot.

(Ord. 1838, passed 3-10-22)

Section 155.12.6 Transfer of Lots in Unapproved Subdivision Plats.

Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the town, thereafter subdivides his land in violation of applicable town ordinances 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 applicable town ordinances and recorded in the office of the New Hanover County Register of Deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the subdivision ordinance. Building permits required pursuant to N.C.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 or conduct.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.7 Plat Approval Required Before Extension of Service.

No street shall be accepted and maintained by the town, no street lighting, water, or sewer shall be extended to or connected with any subdivision of land, and no permit shall be issued by any administrative agent or department of the town for the construction of any building or other improvement requiring a permit, upon any land concerning which a plat is required to be approved, unless and until it has been approved by the Board of Aldermen and the requirements set forth in this Ordinance have been complied with.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.8 Coordination of Street System.

The arrangement of streets in new subdivisions shall provide for the continuation of the principal existing streets in adjoining subdivisions or, when adjoining property is not subdivided, their proper projection insofar as necessary for public requirements by providing new streets of a width deemed necessary by the Planning Board and approved by the Board of Aldermen. In general, the streets shall be at least as wide as existing streets; except, that in no case shall the width be less than the minimum specified in Section 155.12.14. The street and alley arrangement shall be such as to cause no hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it and shall provide for continuing a reasonable number of through utility lines. When a new subdivision adjoins unsubdivided land susceptible to being subdivided, the new streets shall be carried to the boundaries of the tract proposed to be subdivided, except where it is determined by the Planning Board and approved by the Board of Aldermen that certain streets may not be required to be so extended.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.9 Parcels of Land to Consist of Multiples of Normal Blocks.

When a parcel of land is subdivided into tracts larger than normal for building lots, the parcels shall be divided, so far as practicable, into normal block multiples so as to allow for the opening of major streets and the making of satisfactory arrangements with the town for the ultimate extension of streets.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.10 Preliminary Plats.

(A) In seeking to subdivide land and to dedicate streets, alleys, or other lands for public use, the owner shall submit a preliminary plat, so marked, which plat may be in pencil, to the Planning Board for its review. The Planning Board will review the proposed plat and forward it to the Board of Aldermen with its recommendations. Final approval of the preliminary plat shall be made by the Board of Aldermen, and such plat may not be filed in the Office of the Register of Deeds until such final approval is given. 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 approved under the provisions of 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 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 for all earnest money or prepaid purchase price.

(B) 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 of Deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purposes 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 the 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.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.11 Contents of Preliminary Plats.

The preliminary plat shall be drawn to a scale not smaller than one inch to 100 feet and shall show:

(A) Name. The subdivision name, the names and addresses of the owners, and the designer of the subdivision and his qualifications.

(B) Date, approximate North arrow, and scale.

(D) Lot dimensions.

(E) Boundaries. The boundary line of the tract to be subdivided drawn accurately to scale and with accurate linear and angular dimensions.

(F) Location Map. A map showing the location of the subdivision.

(G) Primary Dunes. The location of the primary dunes as established by the CAMA regulations.

(H) Heritage Trees. The location of all heritage trees.

(I) Existing Property Lines. The location of existing and platted property lines, streets, buildings, water courses, railroads, bridges, water mains, sewers, culverts, drainpipes, and public utility easements, and the names of record owners of adjoining parcels of unsubdivided land.

(J) Flood hazard zones, wetland delineation and CAMA jurisdiction all must be indicated on the preliminary plat.

(K) Proposed Improvements. The names, proposed location, and approximate dimensions of proposed improvements. Structural encroachments, such as gate houses, mail boxes and entrance signs, etc., within private rights-of-way must show the dimensions of the structure and not be located in the site visibility triangle. Provision of legal agreements stating the responsibility as to the maintenance of the structures will be accomplished.

(L) Location of the proposed streets, alleys, culs-de-sac, or other public ways.

(M) Private Areas within Subdivisions.

(1) The Planning Board shall be assured, prior to final plat approval, that adequate provisions have been made through legal covenants and restrictions which shall govern a homeowners' association, or through other legal agreements, that the responsibility as to the maintenance of the streets, utilities or other areas designated as private areas or as a common area will be accomplished by a source other than by public maintenance.

(2) The subdivider shall provide and sign an acknowledgment of compliance as specified in Section 155.12.16. Such acknowledgment shall appear on the final plat of the subdivision.

(N) Sidewalks, Walkways, and Bikeways. Sidewalks, walkways and other pedestrian ways shall be provided by the subdivider within or adjacent to a subdivision, as deemed necessary by the Board of Aldermen upon recommendation of the Planning Board, upon reasonable evidence that the sidewalks, walkways or other pedestrian ways would be essential for pedestrian access to community facilities, that such is necessary to provide safe pedestrian movement outside the street or street rights-of-way area or that such is an extension or could reasonably become an extension of existing sidewalks, walkways and other pedestrian ways. All sidewalks, walkways, and other pedestrian ways shall be aligned as required by the Board of Aldermen upon recommendation of the Planning Board and designed and constructed to conform to Chapter 99 of the Town Code of Ordinances. Sidewalks shall be indicated on all preliminary plans.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.12 Conformity of Plat to Requirements.

Preliminary plats shall be checked for:

(A) Conformity to the general street or thoroughfare plan.

(B) Conformity to the probable development of adjacent properties.

(D) Street names.

(E) Lot size and arrangement.

(F) Necessary public utility easements.

(G) Improvements required within town limits.

(H) Conformity to policies, requirements, recommendations, and general content of the town's land use plan, access plan, or any other plans, reports, or feasibility studies the Planning Board considers relevant to its review, and other physical development features which may from time to time be determined by comprehensive physical development plans of the planning area. In the event of a conflict in the recommendations of a plan or between plans, the Planning Board may apply the more stringent recommendations if it deems this necessary to protect the public interest.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.13 Approved Plats to be Kept on File.

A copy of the approved preliminary plat shall be kept on file for public examination. Approval of the preliminary plat shall be valid for a period of 60 days.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.14 Service Facilities Required Prior to Final Approval.

(A) Pursuant to N.C.G.S. § 160D-801 et seq., the following requirements for service facilities or improvements shall be fulfilled by the owner of a subdivision located within the corporate limits prior to the time a final plat is approved by the Board of Aldermen:

(1) Streets and Alleys. Shall be graded to finish section and grade, as approved, with pavement of 20-foot minimum width, consisting of not less than three-inch crushed stone base and 1-1/2-inch bituminous concrete or approved equivalent, completed. Curbs, sidewalks, and driveways shall be provided by the developer.

(2) Storm Drainage. A storm drainage system shall be installed which is capable of alleviating runoff waters of a ten year frequency storm. Inlets shall be installed at intervals as needed and at not more than 400 feet intervals. Pipe shall be extended to high water line at discharge.

(3) Utilities.

(a) Water. Shall be as provided for in Chapter 50 of the Town Code of Ordinances, together with any amendments subsequently adopted by the Board of Aldermen.

(b) Sanitary Sewer. Shall be as provided for in Chapter 50 of the Town Code of Ordinances, together with any amendments subsequently adopted by the Board of Aldermen.

(c) Electric and Telephone. Services may be provided either overhead or underground. All services shall be installed subject to the franchise rights of the town and to its control.

(d) Gas. No underground gas system shall serve more than one lot or one facility. Tank containers may be used as set out in provisions of this code and other ordinances governing the same.

(B) All service facilities or improvements required to be installed or constructed shall be installed or constructed in accordance with the specifications standards, policies, or other requirements of the town applicable thereto.

(C) Performance Guarantees. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the Town of Wrightsville Beach may enter into an agreement with the subdivider whereby the subdivider shall agree to complete any remaining required improvements as specified by the approved preliminary plat for that portion of the subdivision to be shown on the final plat within a mutually agreed upon specified time period not to exceed one year. The total cost of the remaining improvements and administration for which the surety is offered shall not exceed $50,000 except for minor subdivisions that require the extension of sidewalks along existing streets. The surety limit stated in this section shall be adjusted annually, at the beginning of each calendar year or fiscal year, to compensate for construction costs, inflation, or other factors, in accordance with an appropriate established index, as approved by the Town Attorney. Once agreed upon by both parties and the security required herein is provided, the final plat may be approved by the Board of Aldermen, if all other requirements of this Ordinance are met. The town shall require a certified cost estimate from a licensed contractor or engineer for the cost of completion of such improvements.

(1) The subdivider shall provide one of the following performance guarantees, elected at the subdivider's discretion, to ensure installation of required improvements:

(a) Surety Performance Bond(s). The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Wrightsville Beach, and shall be in an amount not to exceed 125% of the entire cost, as estimated by the subdivider in conjunction with the Board of Aldermen, and approved by the Board of Aldermen for installing all required improvements. The duration of the bond(s) shall be one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.

(b) Cash or Equivalent Security. The subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the town or in a non-interest bearing escrow account with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the Board of Aldermen. The amount of deposit shall not exceed 125% of the cost, as estimated by the subdivider in conjunction with the Board of Aldermen for installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the town an agreement between the financial institution and himself guaranteeing the following:

1. That said escrow account shall be held in trust until released by the Board of Aldermen and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and

2. That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the town and submission by the town to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the Town of Wrightsville Beach the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable to the town.

(2) A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee. If the improvements are not completed to the specifications of Wrightsville Beach, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements.

(3) Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account shall, if requested by the town, pay all or any portion of the bond or escrow fund to the Town of Wrightsville Beach up to the amount needed to complete the improvements based on an engineering estimate. Upon payment, the Wrightsville Beach Board of Aldermen, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements.

(4) The town may release a portion of any security posted as the improvements are completed and recommended for approval by the UDO Administrator. Within 30 days after receiving the UDO Administrator's recommendation, the Board of Aldermen shall approve or not approve said improvements. If the Board of Aldermen approves said improvements, then it shall immediately release any security posted.

(5) For subdivisions which are underwritten or constructed with federal funds and for which the specifications for facilities or improvements are equal to or of a higher standard than those required by the town, the bond-posting requirement may be waived and the final plat approved prior to completion of facilities or improvements.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.15 Final Plat.

The original tracing and two copies of the final plat shall be filed with and approved by the UDO Administrator. In the event the final plat is approved, a statement of that fact shall be transcribed to the tracing and one copy returned to the subdivider for recording, and one copy shall be retained by the town. The approval shall be void unless the final plat is offered for filing and recording in the Office of the Register of Deeds within 90 days of date of approval.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.16 Contents of Final Plat.

(A) Final plats submitted for approval shall be in accordance with N.C.G.S. § 47-30, as amended and to the State Board of Registration for Professional Engineers and Land Surveyors "Manual of Practice for Land Surveying." The final plat shall conform with the approved preliminary plat.

(B) A certified copy of the private or subdivision restrictions or covenants proposed to be applied to the subdivision, if any, shall accompany the submittal of the final plat.

(1) Certificate of Dedication. A certificate of ownership and dedication shall be shown properly completed and signed by the owners and all other interested parties, similar in wording to the following:

"The undersigned hereby acknowledge(s) this plat and allotment to be (his, her, their) free act and deed, and hereby dedicate(s) to public use as streets, playgrounds, parks, open spaces, and easements forever all areas so shown or indicated on said plat.

Signed ..... "

(2) All property shown on the plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by the Town Charter or any general, local, or special law pertaining to the town, when such other use is approved by the Board of Aldermen as in the public interest.

(3) Street, utility and drainage maintenance disclosure statements signed by the owner and/or subdivider for private development.

(4) All structures to be constructed, improved, or rehabilitated within the area delineated as the 100-year flood area on the "Flood Boundary and Floodway Map, Town of Wrightsville Beach" shall be constructed, improved or rehabilitated in conformance with the town's flood management regulations (Article 155.11, Part I).

(5) All lots as depicted on the plat meet or exceed the minimum area and dimensional requirements of the zoning district in which located.

(6) The availability of water and/or sewer service to the lots in this subdivision is subject to the completion of certain water and/or sewer line extensions by the town, and certificates of occupancy will not be issued for structures on such lots until such extensions are completed.

(7) Certificate of Registration by Register of Deeds.

State of North Carolina

County of New Hanover

Filed for registration on the ____________ day of ___________________________, 20_____

at _________________ (am/pm) and duly recorded in Map Book _________________ at Page .

(8) Certificate of Accuracy and Mapping.

I, _____________________________ certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision); deed description in Book _________, Page ___________, Book __________, Page _________, etc. (other); that the error of closure as calculated by latitudes and departures is 1:______; that the boundaries not surveyed are shown as broken lines plotted from information found in Book _____________, Page _____________; that this map was prepared in accordance with NCGS § 47-30 as amended.

Witness my hand and seal this ______ day of ____________________, 20_____.

Surveyor

State of North Carolina

County of New Hanover

I, ________________________, a Notary Public for said County and State, do hereby certify that _______________________ personally came before me this day and acknowledged the due

execution of the foregoing instrument.

Witness my hand and official seal, this ______ day of _________________, 20_____.

Official Seal

Notary Public

My Commission Expires: __________________

(D) Form of Endorsement. A form for the endorsement of the town shall be stamped on the final plat before recording.

(E) Certificate of Ownership and Dedication.

I (we) hereby certify that I am (we are) the owner (s) of the property shown and described hereon and that I (we) hereby adopt this plan of a subdivision with my (our) own free consent, establish minimum setback lines, and dedicate all streets, alleys, walks, parks and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the platting jurisdiction of the Town of Wrightsville Beach, North Carolina.

Date Owner

(F) Enforcement - No Service or Permits Until Final Plat Approved. No street shall be accepted and maintained by the town nor shall any street lighting be installed and added to the existing town systems until the final plat is approved.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.17 Minimum Requirements.

The requirements set forth in this Article shall be considered the minimum requirements and shall be varied only in specific cases.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.18 Street Plans, Rights-of-Way, and Blocks.

(A) General Street Plan. All subdivision streets shall conform as to width and location to the general street or thoroughfare plan for the town.

(B) Right-of-Way. The minimum right-of-way for streets shall be 60 feet. Additional right-of-way may be required for other than residential streets in accordance with the general street plan as adopted by the Board of Aldermen. Streets or lanes having length of 400 feet or less and being open or connected at one end only shall be not less than 50 feet. A partial width street, so designated, may be dedicated when adjoining undeveloped property; provided, that the width of the dedication, when permitted by the Planning Board and approved by the Board of Aldermen, shall be such as to permit the installation of the public facilities as may be necessary to serve the lots abutting thereon. The owner of a subdivision of land abutting an existing partial width street shall be required to dedicate the remainder of the full required width of the street.

(C) Alleys. The minimum width of any alley shall be 20 feet, except in commercial districts where the minimum width shall be not less than 22 feet. Alleys shall be required in all blocks along the rear line of business property.

(D) Easements. Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of all rear lot lines where necessary or in other locations as may be directed by the Planning Board, subject to final approval by the Board of Aldermen, for poles, wires, conduits, storm or sanitary sewers, telephone, and water lines. Easements of greater width may be required along the lines of or across lots where necessary for storm drainage channels, surface overflow or for the extension of main sewers or similar utilities.

(E) Culs-de-Sac. Culs-de-sac and dead-end streets shall terminate in a circular right-of-way having a minimum radius of 40 feet. This provision may be modified by the Planning Board, subject to final approval by the Board of Aldermen. The culs-de-sac shall not exceed 400 feet in length.

(F) Intersecting Streets. Intersecting streets shall be laid out at intervals that block lengths are not more than 800 feet, except where the principal street serves lots fronting upon water areas and access by intersecting street is not required; or where the principal street serves a narrow island, strip of land, peninsula or is a cul-de-sac; or where, in the opinion of the Planning Board, subject to final approval by the Board of Aldermen, existing conditions justify a modification of this requirement.

(G) Block Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth, plus alleys if needed and easements, except when prevented by topographical conditions or the size of the property in which case the Planning Board may approve a single tier of lots of minimum depth.

(H) Public Access. Public access shall be provided in accordance with the recommendations of the town's land use plan and access plan, and/or the present amount of public access and public parking as exists within the town now. If any recommendations are found to conflict, the system requiring the greatest quantity and quality of public access, including parking, shall govern.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.19 Requirements for Streets.

(A) Street Intersections. Street intersections shall be as nearly to right angles as possible, and no intersections shall be at an angle less than 45 degrees.

(B) Street Off-Sets. Off-sets at street intersections shall not be approved, except where deemed justifiable by the Planning Board and approved by the Board of Aldermen.

(C) Reserve Strips for Limited Access Roads. Subdivisions showing reserve strips controlling access to public ways shall not be approved, except when the control and disposition of land comprising the strips is definitely placed within the town's jurisdiction under conditions meeting the approval of the Planning Board and Board of Aldermen.

(D) Street Names. Determinations regarding new street names, or changes in street names must be reviewed by the New Hanover County 911 Administrator. Street names shall be subject to the approval of the Board of Aldermen upon recommendation of the Planning Board.

(E) Monuments. Permanent monuments shall be placed at all intersections or at the tangent points of curves connecting intersecting street lines, at the points of curvature and tangency in curved street lines, at all corners in the exterior boundary of the subdivision, and at other points as may be necessary to make the retracing of the lines as shown upon the final plat thereof reasonably convenient. The location of all monuments shall be clearly designated on the final plat. All lot corners shall be marked by permanent markers.

(F) Curves. Street lines within the block deflecting from each other at any one point more than five degrees shall be connected by a curve, the radius of which shall be as determined after considering the factors of sight-distance, type, and importance of street, anticipated traffic volume, and convenience of traffic movement.

(G) All streets shall be constructed to the specifications of the town (see Chapter 99 of the Town Code of Ordinances).

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.20 Lot Sizes and Side Lines.

(A) Area, Width. All lots shall conform to Section 155.6.5, Zoning District Development Standards.

(B) Side Lines of Lots. Side lines of lots shall be at right angles or radial to the street lines, unless a variation from the rule will give a better street and lot plan.

(C) Double Frontage Lots and Corner Lots. Lots with double frontage running through the block from the street, shall be avoided where practicable. Corner lots should be so designed as to prevent the rear of a building on a corner lot from protruding beyond the setback line of a building fronting the street which constitutes the side of the corner lot.

(D) Radius of Property Lines at Intersections. Property lines at corners of all intersecting streets shall generally be rounded by an arc having a radius of not less than 15 feet except that property lines at major street intersections or at other locations where traffic hazards and congestion may be anticipated shall be designed as special cases, and the necessary street rights-of-way shall be provided therefor at the direction of the Planning Board, subject to final approval by the Board of Aldermen.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.21 Setback Lines, Unusable Lots, and Land Elevation.

(A) Building Setback Lines. Building setback lines may be required to be shown and properly designated which shall be not less than those required by zoning provisions of this UDO.

(B) Unusable Lots. Where property is so platted as to leave unusable lots, the lots shall be included within the subdivision and designated by the words "reserve lot" followed by a numeral or letter to distinguish them from other normal lots in the subdivision.

(C) Land Elevation Requirements. No lands shall be platted for subdivision, the building and street areas of which are less than seven and one-half feet mean sea level (MSL Beaufort Datum).

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.12.22 Modification of Certain Requirements.

The regulations concerning street widths, block lengths and widths, and dead-end streets set forth in Section 155.12.18 and Section 155.12.19 may be modified by the Planning Board, subject to final approval by the Board of Aldermen in the case of a subdivision of a tract of land large enough to be developed as a relatively complete development or group housing project in accordance with a well-studied plan, properly safeguarded by restrictions and which adequately provide for traffic circulation, light and air needs, and recreational requirements for the maximum anticipated population and containing other requirements as may be recommended by the Planning Board and approved by the Board of Aldermen.