The subdivider shall observe the following general requirements and principles of land residential subdivision.
(A) Suitability of land. Land which has been determined by the county planning staff, based on engineering and/or other studies prepared by licensed professionals, to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose, unless and until such time as the subdivider has taken the necessary measures to correct such conditions and to eliminate such dangers.
(1) Land subject to flooding may be considered unsuitable for residential subdivision development. The decision by the planning staff will be based on the flooding history of the area and by survey information furnished by the US Federal Emergency Management Agency as delineated on the Ashe County floodway boundary and flood rate insurance maps.
(B) Lot size. The minimum allowable lot size shall be one acre.
(C) Street names. In assigning new street names, duplication of existing street names shall be avoided and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court, etc. Before final plat approval, the developer must have met with the County E911 Coordinator and established a schedule to have appropriate street signage in place. Street names shall be subject to approval of the planning staff, and shall comply with the County E911 program.
(D) Name of residential subdivision. The name of the residential subdivision shall not duplicate nor closely approximate the name of an existing residential subdivision in Ashe County (excluding any residential subdivisions in an existing municipality within Ashe County).
(E) Natural assets. In any residential subdivision, due consideration will be given to preserving natural features such as trees, ponds, streams, rivers, lakes, and any historical sites which are of value not only to the residential subdivision, but to the county as well.
(F) Erosion control. In order to prevent soil erosion and sedimentation of streams, springs, flat water bodies, or other drainage networks, the subdivider shall retain the natural vegetative cover wherever possible. Additionally, all land cleared of the natural vegetation and not designated as a street or road shall be reseeded or replanted with an appropriate vegetative cover. Whenever land-disturbing activity that will disturb more than one acre is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within a time period to be specified by rule of the Commissioners, shall be submitted with the preliminary plat. In all cases of street construction, or land disturbing activity of one acre or more, the subdivider shall comply with all state-required erosion control measures. A list of recommended vegetative cover and procedures can be obtained from the New River Soil and Water Conservation District.
(G) Storm water drainage. The subdivider shall provide an adequate system for the proper drainage of all surface water.
(1) No surface water shall be channeled or directed into a sanitary sewer.
(2) Where actually available and not cost prohibitive to connect, the subdivider shall connect to an existing storm drainage system.
(3) Proposed residential subdivision stormwater designs shall provide adequate means to control stormwater discharge onto adjacent property and onto all existing drainage conveyance devices. The developer shall provide evidence that residential subdivision runoff is capable of being handled by existing structures or make provisions for upgrading such existing structures.
(H) Proposed water and sewage systems. All water supply and sewage systems shall be designed, constructed and operated in accordance with all applicable laws, rules and regulations of the North Carolina Department of Environment and Natural Resources and the Appalachian District Health Department.
(1) Sufficient information as to the proposed method and system of water supply and sanitary sewage collection and disposal shall be provided with the preliminary plat.
(2) Where community water and/or sewer system(s) are proposed, the final plat shall be accompanied by a letter of approval and an operational permit from the proper official of the North Carolina Department of Environment, Health and Natural Resources or the Appalachian District Health Department, whichever is applicable.
(I) Designation of road status.
(1) All streets and roads shown on the preliminary and final plats shall be clearly noted as to which roads are private roads constructed to county standards and which are state roads constructed to meet North Carolina Department of Transportation requirements. It is permissible to have both types of roads within a residential subdivision.
(J) Disclosure statement. The developer shall comply with G.S. § 136-102.6(f) which provides for a disclosure statement from the developer to the purchaser setting forth the status (whether private or public) of the road on which the property is located. The disclosure statement shall also fully disclose the party or parties upon whom responsibility for maintenance of such roads shall rest. It shall also contain a statement informing the purchaser that the North Carolina Department of Transportation will not assume any responsibility for the maintenance or upkeep of a private road. A copy of G.S. §136-102.6 may be obtained from the County Building Inspections Department.
(K) Private road and common area maintenance. Prior to the recording of the final plat, it is recommended that the developer form a property owners association pursuant G.S. § 47F-103.101 and record a declaration [defined in G.S. § 47-103(10)] having provisions for the establishment of a property owners association and to establish reasonable assessments for road maintenance and other common areas and facilities. Private county standard roads shall be maintained to the original or paved width.
(L) Access right-of-way. Where a right-of-way, less than 45 feet, provides access to property proposed for residential subdivision had been granted prior to May 1, 1996, and the developer presents proof in writing that a 45-foot right-of-way to the property cannot feasibly be obtained then the developer may be permitted to develop the property provided they secures at least a 30-foot right-of-way into the property proposed for residential subdivision. Roads providing access to residential subdivisions shall meet the same standard as the roads within the residential subdivision. In cases where less than a 45-foot right-of-way is used for access to a residential subdivision, this fact shall be contained in the disclosure statement required by § 156.45(J) and shown on the final plat as specified in § 156.32(A)(2). For purposes of this section, access road shall not include any state maintained road.
(Ord. passed 3-20-96; Am. Ord. passed 4-8-02; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23) Penalty, see § 156.99