Loading...
All major subdivisions must go through both a preliminary approval and final approval process, whether single or multi-phased developments. The procedure for obtaining preliminary plat approval is as follows:
(A) The subdivider/applicant shall submit to the Director of Planning and Development Services, or his or her designated Subdivision Administrator, the following:
(1) A signed and completed application for subdivision review, obtainable through the Subdivision Administrator and/or other Planning and Development Services staff, as well as online when possible. Application shall be deemed complete when the Administrator finds all required information to be provided and the appropriate fee for the subdivision type, as determined by the Administrator, has been paid.
(2) At least three black- or blueline prints of the proposed subdivision prepared in accordance with the requirements of § 91.15. Additional prints may be required when deemed necessary.
(3) Two signed statements describing the proposed use of the land, and a draft, if required by the Subdivision Administrator, of any protective covenants to be applied to the subdivision.
(4) Three copies of any supplemental information, such as contour maps, floodplain maps, and the like, when required by the Subdivision Administrator. Additional copies may be required when deemed necessary.
(5) A digital copy of all black- or blueline prints of the proposed subdivision and all supplemental documents submitted with the application. Copy may be submitted on disc, email or any other method, and in PDF or other format deemed appropriate by the Subdivision Administrator.
(B) At the time of submission of the preliminary plat, the subdivider/applicant shall pay to the Subdivision Administrator, or other designated employee of the Planning and Development Services Department, a filing fee, as provided in the schedule of fees relative to planning and zoning established by ordinance of the City Council.
(C) Upon receipt of a completed application, including proposed subdivision plans and all additional documents, the Subdivision Administrator shall review and may request a report or feedback from any person or agency directly concerned with the proposed development, such as the District Highway Engineer, County Health Department, and the Superintendent of Schools. The reports shall certify compliance with or note deviations from the requirements of this chapter, and include comments on other factors that bear upon the public interest. Such reports shall be provided to the subdivider upon their request. In cases of larger proposed developments, the Subdivision Administrator may require a formal review of the plans by a committee designated to review and report on such plans.
(D) Following receipt of any requested reports, the Subdivision Administrator may prepare recommendations for the subdivider, applicant, Planning Board and other parties associated with the project. The recommendations shall be completed in a reasonable time, and the subdivider shall be granted reasonable time to respond to such recommendations and provide amended plans and other documents at their discretion. Any revisions made to the original preliminary plans and supplementary documents shall be indicated on the new documents and hard copies and digital formats resubmitted to the Administrator. The subdivider may also request a delay in the review by any appointed or staff review board, including the Planning Board. Any delay in time by the subdivider to respond to recommendations or amendments to plans shall not count against the total time provided for the Planning Board's action on the preliminary plan.
(E) Before acting on the preliminary plat, the Planning Board may request reports from any person or agency directly affected by the proposed development. These reports shall certify compliance with, or note deviations from, the approved preliminary plat and the requirements of this chapter.
(F) Planning Board shall conduct an administrative hearing and consider approval, denial or approval with modifications of the preliminary plat in accordance and compliance with city code and other related regulations and general statutes related to subdivisions and development. The decision by the Board shall be made within 60 days of first hearing of a complete application and preliminary plat unless the subdivider/applicant agrees to a longer time period.
(G) Actions of the Planning Board shall be documented by the Subdivision Administrator and staff. Reasons for any required modification or denial of plats shall be communicated to the subdivider/applicant. Any plats denied by Planning Board shall be final. A new application and preliminary plat will be needed for future approval. Any modifications required as part of an approval shall be provided by the subdivider/applicant to the Subdivision Administrator and staff as part of an updated preliminary plat prior to recording of final plat or development.
(H) All approvals shall be indicated on the three prints of the preliminary plat. One print shall be returned to the subdivider, one shall be filed with the City Clerk, and one print shall become a permanent record of the Planning Board, filed with the Subdivision Administrator.
(I) Following the filing of the approved preliminary plat, the Subdivision Administrator shall assist the subdivider/applicant with planning for submission and approval of any necessary detailed civil or engineered plans, determination and acceptance of sureties and the acceptance and recording of final subdivision plat(s).
(J) The preliminary plat shall be valid as approved by Planning Board for two years, except as otherwise provided by state statute. Following this time the approved preliminary plat must be resubmitted as part of a new application and reviewed and approved by the Planning Board again before any final plats may be approved, except as where state statute provides otherwise. Any major amendments or revisions to the approved preliminary plat following action by Planning Board must also be resubmitted and approved.
(‘58 Code, § 14-5) (Am. Ord. 94-20, passed 9- 19-94; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
Prior to the recordation, sale or transfer of any newly created lots or other parcels of land within city limits, all subdivisions (exempt, minor and major) shall receive final plat review and approval by the Subdivision Administrator.
No street shall be accepted and maintained by the city, nor shall any street lighting, water, or sewer be extended to or connected with any subdivision of land as defined herein, nor shall any permit be issued by the administrative agent or department of the city, 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 the final plat has been approved by the Planning Board or other party as provided for by city ordinance, and a final plat has been approved by the Subdivision Administrator. The procedure for obtaining final plat approval is as follows.
(A) Prior to expiration of preliminary plat approval, the subdivider shall submit to the Subdivision Administrator a final plat, for the entirety of or any portion of the land included in the approved preliminary plat, which includes the following:
(1) At least three black- or blueline prints of the proposed final plat for the entirety of or any portion of the approved preliminary subdivision prepared in accordance with the requirements of § 91.15. Additional prints may be required when deemed necessary.
(2) Two signed statements describing the proposed use of the land and a draft, if required by the Subdivision Administrator, of any protective covenants to be applied to the subdivision.
(3) A digital copy of all black- or blueline prints of the proposed subdivision and all supplemental documents submitted with the application. Copy may be submitted on disc, email or any other method deemed appropriate by the Subdivision Administrator.
(B) Within a reasonable amount of time, the Subdivision Administrator shall review and approve or deny the final plat. Final plats meeting all requirements of this chapter shall be approved. Final plats may be denied or held by the Subdivision Administrator for the following reasons:
(1) As drawn, the plat does not comply with applicable state statute, city ordinance or requirements of City Council or the Planning Board.
(2) There are major changes from the preliminary plat including:
(a) Increase in overall units for the proposed area;
(b) Significant decrease in the average size of the units in the proposed area;
(c) Significant changes to road orientation, dimensions, alignment or access points;
(d) Decrease in any approved amenities such as sidewalks and designated open space in the proposed area; and
(e) The character of the area or nature of the development has significantly changed.
(3) The plat is missing any of the information required for recording final plats.
(4) Subdivider has not provided the required items as deemed necessary, including:
(a) Surety for guarantee of completion of project(s);
(b) Covenants and/or deed restrictions;
(c) Documents formalizing establishment of HoA or other agency responsible for maintenance of common areas and other common amenities and/or infrastructure; and
(d) Formal documentation of any other easements or agreements.
(C) The Subdivision Administrator shall notify the subdivider of their decision to approve or deny the final plat. In the case of denial, the Administrator shall site the specific city ordinance pertaining to the denial.
(D) Following denial of a final plat, it shall be at the discretion of the subdivider to make changes and resubmit a new final plat to the Subdivision Administrator that conforms to the requirements of this section, or to resubmit the denied final plat to the Planning Board for approval. When major changes are proposed in the final plat of a phased subdivision which will affect future phases, the subdivider may also choose to resubmit the preliminary plan in accordance with § 91.06.
(E) Once approved, the final plat shall be properly signed and executed as required for recording by the Register of Deeds of Stanly County, who shall comply with G.S. 160A-373. The approved final plat must be recorded by the subdivider with the Register of Deeds of Stanly County within six months after approval.
(‘58 Code, § 14-6) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-06, passed 2-19-24) Penalty, see § 10.80
For any replatting or resubdivision of land, the same procedure, rules, and regulations shall apply as prescribed herein for an original subdivision, except that lot sizes may be varied on an approved plan after recording, provided that the following are complied with.
(A) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan.
(B) Drainage, easements, or rights-of-way shall not be changed.
(C) Street alignment and block sizes shall not be changed.
(D) The property lines between the back of the lots shall not be changed.
(E) The rear position of lots shall not be subdivided from the front yard.
(F) The character of the area shall be maintained.
(‘58 Code, § 14-7) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
(A) Uninhabitable land. Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for any other uses as may increase danger to health, life, or property, or aggravate the flood hazard; but the land within a plan shall be set aside for uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions.
(B) Conformity to existing maps or plans. The location and width of all proposed streets shall be in conformity with official plans and maps of the city and with existing or amended plans of the Planning Board.
(C) Continuation of adjoining street system. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended.
(D) Access to adjacent properties. Where, in the opinion of the Planning Board, it is desirable to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of the property and a temporary turnaround shall be provided.
(E) Private streets and reserve strips. There shall be no private streets or reserve strips platted in any subdivision.
(F) Large tracts or parcels. Where land is subdivided into larger parcels than ordinary building lots, the parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
(G) Lots. All lots shall front on a public street. Double-frontage lots shall be avoided.
(H) Alleys. Alleys or drives shall be provided to the rear of all lots used for other than residential purposes. All dead-end alleys shall be provided with a turnaround. When included in residential developments alleys shall be installed in public rights-of-way meeting the requirements of this chapter, except when done as part of a group development. Residential alleys shall connect on both ends to the larger street network whenever possible. Short dead-end alleys of less than an average block length shall only require turnaround when deemed necessary for life safety.
(I) Contour map. A contour map shall be provided if required by the Planning Board. The contour interval required will depend on topographic and drainage characteristics and shall be specified by the City Engineer.
(J) Street names. Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned name of the existing streets. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, or the like.
(K) (1) (a) The city may require that a traffic impact study (TIS) be performed to determine the effect of a proposed development, zoning change, or special use approval on the adjacent transportation system.
(b) These guidelines and requirements have been developed to provide for a uniform and consistent approach in the preparation of TIS and to establish report requirements to facilitate the review process. These guidelines and requirements are intended to address several purposes.
(c) These include:
1. Establishing analysis methodologies and reporting formats;
2. Identifying traffic impacts caused by the proposed development;
3. Determining the site access and off-site infrastructure improvements necessary to accommodate the proposed development;
4. Providing the city with an opportunity to provide input on the number and location of site access points, internal site circulation, and truck and service vehicle access and circulation;
5. Providing public agencies and officials a comprehensive study that clearly and concisely evaluates and documents the traffic impacts of land-use decisions;
6. Facilitating the identification and negotiation of mitigation requirements and the funding and time of implementation required to accommodate the development or mitigate its impacts.
(2) (a) The guidelines and report requirements that follow are based on similar information published by the Institute of Transportation Engineers and other sources. The guidelines depart from those sources by providing additional details concerning information needed and methodologies to be used to meet the requirements of the city.
(b) A traffic impact study may/shall be required in the following situations:
1. Where a potential development generates 100 or more trips during the roadway or development peak hour;
2. Where a potential development generates 500 daily trips;
3. Where expansion of an existing development creates additional trips totaling either of the two previous requirements;
4. Where a development proposal requires rezoning or a special use permit;
5. Where there are potential safety or capacity deficiencies, including:
a. High accident locations, confusing intersections, and intersections where a traffic signal or other changes in traffic control device may be warranted;
b. Locations where current or projected roadway or intersection levels of service will be significantly affected by the proposed development;
c. Where the adjacent roadway system lacks the capacity to accommodate increased traffic;
d. Where roadway improvements necessary to accommodate the development may not be feasible;
e. Where vertical and/or horizontal curves and other conditions may affect the development form being accommodated.
(3) (a) The decision regarding the need for, and contents of, an impact study can be appealed in writing to the City Manager within ten days of the date of the decision. The City Manager shall reply to this appeal in writing within ten days of receipt of the appeal.
(b) Prior to initiating a TIS, a study scope meeting shall be held with the applicant, appropriate North Carolina Department of Transportation district engineering staff and city staff. At this meeting:
1. The TIS guidelines will be provided and an understanding established of the requirements to be met;
2. The study area limits will be established, based on the location, size, and potential impact of the proposed development;
3. Study area intersections to be analyzed will be identified;
4. Projects generating background traffic and the annual growth rate to be applied will be identified;
5. Trip generation procedures will be discussed, and the ITE Land Use code, other trip generation rates, and any trip generation reductions to be used in the study will be established;
6. Peak hours to be counted and analyzed will be established;
7. Any other project-specific requirements will be discussed and established.
(4) Revisions to the study will be provided by the applicant as required by the city. Revisions needed will be determined by the study's completeness, thoroughness, and compatibility with the proposed access and development plans.
(‘58 Code, § 14-8) (Am. Ord. 01-36, passed 8-6-02; Am. Ord. 01-39, passed 8-20-01; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
(A) Streets. The design standards which shall apply to streets are as follows.
(1) Right-of-way widths. Minimum street right-of-way widths shall be in accordance with the major street plan and shall be not less than the following, unless approved as part of a conditional approval as provided for in city ordinance.
(a) Expressway: 120 feet.
(b) Arterials:
1. Acceptable: 80 feet.
2. Desirable: 100 feet.
(c) Collector streets:
1. Acceptable: 60 feet.
2. Desirable: 80 feet.
(d) Local or minor streets: 60 feet.
(e) Marginal access streets: 60 feet.
(f) Cul-de-sacs: 55 feet.
(g) All streets located beyond the corporate limits of the city and within one mile thereof: 60 feet.
(2) Pavement widths. Pavement widths back-to-back of curb shall be not less than the following.
(a) Arterials.
1. Acceptable: 49 feet.
2. Desirable: 73 feet.
(b) Collector streets.
1. Acceptable: 45 feet.
2. Desirable: 49 feet.
(c) Local or minor streets: 32 feet using city-approved traditional curb, 26 feet using city-approved mountable curb.
(d) Marginal access streets: 32 feet.
(e) Cul-de-sacs: 32 feet using city-approved traditional curb, 26 feet using city-approved mountable curb.
(3) Grades. Street grades shall be as follows.
(a) Street grades shall be not more than 10% nor less than 0.5%.
(b) Grades approaching intersections shall not exceed 5% for a distance of not less than 100 feet from the centerline of the intersection.
(4) (a) Horizontal curves. Where a centerline deflection angle of more than ten degrees occurs, a circular curve shall be introduced, having a centerline radius of not less than the following.
1. Major streets: 500 feet.
2. Collector streets: 300 feet.
3. Local or minor streets: 150 feet.
(b) Proper superelevation shall be provided for curves on major streets.
(5) Vertical curves. All vertical curves shall have a length as necessary to provide safe sight distance.
(6) Tangents. A tangent of not less than 100 feet in length shall be provided between curves.
(7) Intersections. Street intersections shall be laid out as follows.
(a) Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than 75 degrees.
(b) Sight distances at all intersections other than in the Central Business District shall comply with the North Carolina Department of Transportation standard of a ten feet 70 feet sight distance triangle.
(c) Property lines at street intersections shall be rounded with a minimum radius of 20 feet. At an angle of intersection of less than 90 degrees, a greater radius may be required. Where a street intersects a highway, the design standards of the State Highway Commission shall apply.
(d) A centerline off-set minimum of 125 feet shall be provided at street jogs.
(8) Cul-de-sacs. Permanent deadend streets shall not exceed 400 feet in length, depending on topography, and shall be provided with a turnaround having a 40-foot radius, and a right-of-way radius of 55 feet. Temporary deadend streets shall be provided with a turnaround having a 40-foot radius. Temporary turnarounds shall be paved or graveled in accordance with the city specifications and standards.
(9) Half-streets. The dedication of half-streets at the perimeter of a new subdivision is prohibited. If circumstances render this impracticable, adequate provision for the concurrent dedication of the remaining half of the street must be furnished by the subdivider. Where there exists a half-street in an adjoining subdivision, the remaining half shall be provided by the proposed development.
(B) Alleys. All alleys shall be constructed in accordance with city specifications and standards and shall meet the following requirements.
(1) Right-of-way width: 20 feet.
(2) Minimum centerline radius when a deflection angle of more than ten degrees occurs: 35 feet.
(3) Property-line radius at alley intersections: 15 feet.
(C) Blocks. The maximum and minimum length and width of blocks shall be as follows.
(1) Length. Block lengths shall not exceed 1,500 feet, nor be less than 400 feet, unless approved by Planning and Zoning Board or City Council, when applicable by ordinance. Where deemed necessary by the Planning and Zoning Board or City Council, a pedestrian crosswalk of at least eight feet in width shall be provided.
(2) Width. Blocks shall have a sufficient width to allow two tiers of lots of minimum depth. Blocks may consist of single-tier lots where they are required to separate residential development from through vehicular traffic or nonresidential uses.
(D) Lots. The size, shape, and orientation of nonresidential lots shall be such as the Planning Board deems appropriate for the type of development and use contemplated. Residential lots shall comply with the following requirements.
(1) Area. All lots shall meet the size requirements for their respective zoning district and use provided in Chapter 92
. Additional area is required when the following conditions exist.
(a) Public water but not a public sewer is provided. In this case, the lot shall be not less than 10,000 square feet in area.
(b) Neither public water nor a public sewer is provided. In this case, the lot shall be not less than 20,000 square feet in area.
(c) Residential subdivisions may utilize lot averaging where lot size of one or more lots is reduced by no more than 20% of the required minimum so long as additional lots exceed the required minimum lot size by a proportionate area, and overall units per acre is still in compliance with the respective zoning district.
(2) Width. All lots shall have a minimum width at the street line of not less 20 feet and a minimum width at the building line sufficient to accommodate a structure of at least 20 feet in width with required side setbacks for their respective zoning district. Corner lots shall have an additional width of ten feet to permit adequate setback from the abutting street.
(3) Depth. All lots shall have a minimum depth sufficient to accommodate a structure of at least 20 feet in depth with required front and rear setbacks for their respective zoning district.
(4) Orientation. Side lot lines shall be substantially at right angles or radial to street lines.
(E) Building setback lines. The minimum setbacks from property lines for each lot shall conform with dimensional requirements as defined in Chapter 92
.
(F) Easements. Utility and other easements shall be provided as follows.
(1) Utilities. Utility easements centered on rear or side lot lines shall be provided where deemed necessary by the City Engineer, and shall be at least 12 feet in width.
(2) Crosswalks. A crosswalk easement of at least eight feet in width shall be provided if required by the Planning Board.
(3) Drainage. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse, and any further width or construction, both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.
(4) Lakes, similar areas. Lakes, ponds, creeks, and similar areas within the city will be accepted for maintenance only if the acceptance is recommended by the Planning Board and approved by the Council.
(5) Shape. To the greatest extent possible and unless otherwise required by ordinance, new lots shall be square or rectangular in shape with corners at right angles in order to allow for an organized development pattern, the easiest application of standards of this chapter, standard construction methods for structures and features of the site and easily identifiable boundaries between properties and rights-of-way by builders, residents and city staff and service providers in the future.
(a) When pre-existing conditions of a site, including hydrology, topography and existing infrastructure require uneven or irregular lot angles and dimensions, lots will be created in the most regular and orderly fashion possible for the site.
(b) Creation of interior "flag lots" shall be minimized and permissible primarily in the subdivision of smaller, pre-existing tracts of land with limited frontage along existing right-of-way and whose dimensions are not conducive, practical or in the best interest of the city for creating new streets to service a small number of lots, however flag lots shall not be used solely to avoid creation of new streets. In no case shall flag lots be created along new streets within a proposed subdivision. Where necessary, there shall be no more than two flag lots in subdivisions of ten or fewer lots. In subdivisions of more than ten lots no more than 20% of all lots shall be flag lots. "Flagpoles", or small strips of land to connect new internal flag lots to existing streets shall be no more than 200 feet in length and their area shall be credited to no more than 10% of the total required lot size for their respective lot. Setbacks and other dimensional and development requirements required in Chapter 92 for interior "flag lot" shall be applied to the larger portions of said lots, not their connecting portions or flag poles. Front yards shall be oriented in the same direction as exterior lots fronting entirely on existing streets.
(c) All newly created interior lots requiring more than 200 feet for flag poles, or being larger than two acres in size or otherwise being necessary for future street connectivity, shall feature flagpoles with a minimum of 60 feet in width and street frontage to allow for further subdivision and street construction in the future. Placement of new structures on such lots shall comply with development standards of this chapter and Chapter 92.
(G) Park lands. In the event that a proposed park, playground, school, or other public facility shown on the comprehensive plan is located, in whole or in part, in the subdivision, the Planning Board shall require a reservation or dedication of the area by the subdivider as a condition of recording the plat.
(H) Open recreational, or green space. All residential subdivisions larger than five acres or 20 lots require a minimum of 5% of the project area designated as open recreational and greenspace and be set aside in the approximate geographic center of the project area or another such area(s) that is easily accessible by all residents. When part of a larger development open space may be developed on the edge of a development when plans are submitted showing open space additions in future phases. The intent of the open space requirement is to enhance the quality of life in the development by providing for picnicking, walking, team sports and similar recreational opportunities. Open space does not include existing rights-of-way, utility easements, streambeds, flood plains, and other land considered unsuitable for building purposes. At least 50% of the minimum required open space shall be in one tract and shall feature, at a minimum, passive use features as amenities to residents. All open space shall be contiguous or otherwise linked through pedestrian amenities, with no portion less than 100 feet in width, with the exception of buffer zones of at least 50 feet in width. The foregoing 100-feet-width requirement can be decreased upon a finding by the Planning and Zoning Board(or City Council when applicable by ordinance) that, because of unique circumstances related to topography, streams, rock outcroppings, trees, and other natural resources, less open space width will better serve the development and the city. Such open space shall be held in a nonprofit corporate ownership by the owners of the lots within the development, unless otherwise approved specifically by agreement with City Council. If the development adjoins an existing greenway or is shown on an adopted greenway plan, then the developer shall incorporate the greenway dedication into the subdivision.
(I) Access. In developments containing more than 15 lots, two streets in and out of the development will be required in all developments containing three or more acres. No exceptions. Developers will be encouraged to purchase adjoining land if two streets are not feasible. In developments containing 15 lots or fewer, the entrance to the development shall be 54 feet wide, measuring from the back of the curb to the back of the curb, with an island six feet in width and 24 feet in length located not less than 20 feet from the intersecting street, with the divided street transitioning into a city standard street 26 feet in width with mounted curb.
(1) All streets and utilities will be stubbed out to adjoining parcels to insure connectivity and prevent landlocked property.
(2) Sidewalks as required in Chapter 92: Zoning Regulations.
(3) Curb and gutter will be required in all developments except those located in the watershed.
(J) Irrigation lines. Encroachment agreements will be required for irrigation lines within the right-of-way.
(K) Electronic requirement. Approved plat and construction specification shall be provided on an approved digital format by the City Engineer.
(L) Access connections. Access connections for commercial developments are required. The connection shall be not less than 22 feet in width between adjoining lots on all commercially developed property. The purpose is to eliminate having to reenter the public street to visit adjoining businesses.
(‘58 Code, § 14-9) (Am. Ord. 94-20, passed 9- 19-94; Am. Ord. 01-36, passed 8-6-02; Am. Ord. 01-39, passed 8-20-01; Am. Ord. 01-40, passed 8-20-01; Am. Ord. 02-40, passed 9-16-02; Am. Ord. 02-53, passed 12-16-02; Am. Ord. 07-14, passed 6-4-07; Am. Ord. 08-13, passed 4-21-08; Am. Ord. 10-20, passed 6-8-10; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 19-26, passed 8-5-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-06, passed 2-19-24; Am. Ord. 24-16, passed 6-17-24) Penalty, see §
10.80
Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with the following requirements.
(A) Subdivision corner tie. At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within 2,000 feet of a U.S. Coast and Geodetic Station or N.C. Grid System coordinated monument, or city coordinated system, then this corner shall be marked with a monument so designated by computed X and Y coordinates, which shall appear on the map with a statement identifying this station or monument to an accuracy of 1:10000. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object, or structure that could not be destroyed.
(B) Monuments. Within each block of a subdivision at least two monuments, designed and designated as control corners, shall be installed. The surveyor shall employ additional monuments if and when required. All monuments shall be constructed of concrete and shall be at least four inches in diameter or square, and not less than three feet in length. Each monument shall have imbedded in its top or attached by a suitable means, a metal plate of noncorrosive material and marked plainly with the point, the surveyor's registration number, the month and the year it was installed, and the word "monument" or "control corner." Monuments shall be set at least 30 inches in the ground, with at least six inches exposed above the ground unless this requirement is impractical.
(C) Property markers. A steel or wrought iron pipe or the equivalent, not less than 3/4 inches in diameter and at least 30 inches in length, shall be set at all corners, except those located by monuments. A marker shall also be set at a point of curve, point of intersection, property corner, point of tangency and reference point unless a monument is placed where necessary.
(D) Accuracy. The allowable angular error of closure and linear error of closure for surveys within the city limits and extraterritorial jurisdiction shall be as follows.
(1) Angular error of closure within the city limits shall not exceed 25 seconds times the square root of the number of angles turned.
(2) Linear error of closure within the city limits shall not exceed one foot per 7,500 feet of perimeter of the lot of land (l:7,500).
(3) Angular error of closure beyond the city limits shall not exceed 30 seconds times the square root of the number of angles turned.
(4) Linear error of closure beyond the city limits shall not exceed one foot per 5,000 feet of perimeter of the land (l:5,000).
(‘58 Code, § 14-10) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Approval of the final plat shall be subject to the subdivider having installed the improvements herein designated or having guaranteed, to the satisfaction of the city, the installation of the improvements. All improvements required herein shall be at the expense of the developer and may not be financed by the city's assessment program.
(A) Street improvements. The following requirements shall apply to all streets within the corporate limits of the city.
(1) Grading and drainage. All streets shall be graded to their full right-of-way width and properly drained of all storm water by the construction of necessary ditches, culverts, and storm sewers. No drainage may be connected to the sanitary sewer system. Finished grades of street centerline, ditches, culverts, and storm sewers, including street cross sections, shall be approved by the City Engineer.
(2) Paving. Road base and paving shall be installed in accordance with the city specifications and standards, to a minimum width of 20 feet wide paving.
(3) Where any street of a subdivision is a continuation of an existing curb and guttered street, a continuation of the curb and gutter is required on all lots abutting that street.
(B) Sidewalks shall be installed as required in Chapter 92 and in accordance with city specifications and standards.
(C) Utilities. All lots shall be served by water distribution lines, necessary fire hydrants, and sanitary sewers, as designed by a registered professional engineer according to city standards and specifications, and approved by the City Engineer. Should private water or sewerage systems be provided, they shall meet the requirements of the North Carolina Division of Health Services.
(D) Guarantee of improvements. Where all the required improvements, excluding erosion and stormwater control improvement, have not been completed prior to the submission of the plat for final approval, the approval of the plat shall be subject to the subdivider providing a performance guarantee for the installation of the improvements in one of the following methods.
(1) Bond. Filing a performance or surety bond in an amount to be determined by the city, equal to the estimated cost of completion of approved improvements or not exceeding 120% of estimated costs.
(2) Letter of credit for the estimated cost of completion, issued by any financial institution licensed to do business in this state.
(3) Cash deposit. Depositing or placing in escrow a certified check or cash in an amount to be determined by the city equal to the estimated cost of completion of approved improvements or not exceeding 120% of estimated costs. Portions of the security deposit may be released as work progresses.
(4) Agreement. Entering into an agreement with the city guaranteeing the completion of the required work, the agreement to be binding on subsequent purchasers of the property, and to be recorded at the option of the city. The agreement shall provide that satisfactory security be furnished guaranteeing the completion of the necessary improvements before each section is developed.
(E) Amount of performance guarantee. The amount of the performance guarantee shall not exceed 120% of the reasonably estimated cost of completion at the time the performance guarantee is issued. The local government may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100% of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 20% allowed under this division includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 120% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(F) Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set 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.
(G) Extension. A developer shall demonstrate reasonable, good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the local government, 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 division shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in division (D)(3) of this section and shall include the total cost of all incomplete improvements.
(H) Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by the local government that the improvements for which the performance guarantee is being required are complete. The local government shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to local government acceptance. When required improvements that are secured by a bond are completed to the specifications of the local government, or are accepted by the local government, if subject to its acceptance, upon request by the developer, the local government shall timely provide written acknowledgement that the required improvements have been completed.
(I) Legal responsibilities. Performance guarantees shall only be used for satisfactory completion of required improvement, not repairs or maintenance after completion. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this section or in the proceeds of any such performance guarantee other than the following:
(1) The local government to whom the performance guarantee is provided.
(2) The developer who requested the performance guarantee.
(3) The person or entity issuing the performance guarantee for developer.
(‘58 Code, § 14-1l) (Am. Ord. 94-20, passed 9- 19-94; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 19-26, passed 8-5-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
In the adoption of this chapter, the City Council and Planning Board recognize that under the General Statutes it may not be mandatory that a subdivision located beyond the city limits shall comply with the requirements set forth in this chapter as a condition precedent for final approval of a plat of the subdivision. However, unless the requirements are complied with, the city will not extend its water or sewer mains to any such subdivision or permit any connection thereto.
(‘58 Code, § 14-12) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
Loading...