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If a developer seeks to create a minor residential subdivision, the developer can seek to subdivide a parcel into no more than seven lots, the developer can seek approval from a planning staff member appointed by the Ashe County Manager as the staff residential subdivision review officer. If staff approval is denied, the developer may appeal the decision to the Board of Adjustment. If approved, the residential subdivision plat must be recorded in the Ashe County Register of Deeds. To be approved, the parcel must meet these minimum requirements:
(A) Residential subdivisions which are exempted under § 156.06.
(B) All resulting lots must meet the minimum lot size.
(C) Plat(s) of the residential subdivision that meet both the requirements of the Ashe County Register of Deeds, and the plat requirements listed in § 156.26.
(D) No land inside a floodplain as determined by Ashe County floodway boundary and flood rate insurance maps.
(E) Plat(s) also must have a certificate which states:
Certificate of Approval of Staff
Approved Residential Subdivisions
This plat represents a residential subdivision of land that consists of one parcel being divided into no more than seven lots, and meets the requirements of § 156.36.
Date Staff Residential Subdivision Review Officer
(Ord. passed 4-3-06; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23)
GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN
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
(A) The design standards for residential subdivision streets shall meet either the minimum construction standards for secondary roads as required by the North Carolina Department of Transportation or the minimum construction requirements for private (county standard) roads, as applicable. When state standards are to be met, the developer shall submit proposed road specifications for the approval of the local Department of Transportation office prior to submitting a preliminary plat.
(B) Private roads may be allowed, shall meet the following requirements. The residential subdivision does not include any part of a proposed thoroughfare or street shown on the Ashe County Comprehensive Transportation Plan, and the developer shall reference on the final plat the recording of a roads instrument that provides the following:
(1) Guarantees full right of access via any private road in the residential subdivision to any lot served by that road.
(2) Specifies the standards to which private roads in the residential subdivision have been designed and constructed.
(C) Design standards for private roads.
(1) Right-of-way width. Right-of-way width for private county standard roads shall be not less than 45 feet.
(2) Width of road. Graded width of roadbed including ditch and shoulder areas shall have a minimum width of 25 feet.
(3) Stoned or paved area. Road travel area may be either stoned or paved, and shall have a minimum width of 18 feet.
(a) Where stone is used, it shall be "crusher-run" or DOT approved "ABC" stone compacted to a minimum of four inches. In locations where soil conditions require additional stone or other acceptable means to attain a stable roadbed, the developer shall complete the necessary road stabilization prior to submitting the final plat for approval.
(b) If the developer elects to pave private roads, the developer shall meet the requirements of the North Carolina Department of Transportation pertaining to stone base and top surface.
(4) Shoulder areas and ditches. Shoulder area on cut side shall be a minimum of four feet in width and shall provide a drainage ditch of adequate size to accommodate stormwater runoff based on terrain and location. Shoulder width on fill side shall be a minimum width of three feet. In locations where cuts are required on both sides of the road, drainage ditches and shoulders shall occupy approximately three and one-half feet on each side.
(5) Cuts and fills. Cuts and fills shall have a maximum slope of 1:1 (one foot horizontal spread to each foot vertical rise). All cuts and fills shall be seeded when weather and season permits.
(6) Benching. Where the terrain cross grade is 20% or greater, the fill side shall be benched a minimum width of six feet at the base of the fill and fill material shall be well compacted. Neither brush nor stumps shall be placed in the roadbed or within any part of the fill.
(7) Road grades. Maximum grade for a gravel-surfaced road shall be 15%. Maximum grade for a road paved in accordance with § 156.46(C)(3)(b) shall be 18%.
(8) Culverts and drainage. Culverts shall be of adequate size to discharge stormwater from any given area depending upon terrain and location. Minimum culvert size shall be 15 inches inside diameter.
(a) Culverts may be either corrugated metal, plastic, or concrete (bell or spigot) and shall be installed on a constant grade of sufficient degree to ensure proper drainage and a minimum danger of becoming clogged with debris or mud. Concrete culverts shall not be permitted where it cannot extend sufficient distance from the fill side of the road to prevent discharge from eroding the road bank.
(b) All culverts shall have a minimum cover of 12 inches of well-compacted earth.
(9) Curve radius. All curves in private (county standard) roads shall have a radius of no less than 40 feet as measured from the centerline of the travel area.
(10) Bridges. Proposed bridges which will be part of a private road shall accommodate two lanes of traffic. Bridges shall be constructed to meet North Carolina Department of Transportation specifications except that the width may be reduced to 20 feet. Confirmation that a proposed bridge meets these specifications must be provided by a Department of Transportation engineer or by a licensed professional engineer.
(11) Cul-de-sac. Turnaround right-of-way width shall be 70 feet in diameter for round-design cul-de-sac. The gravel surface shall be a maximum of 40 feet in diameter. However, if the terrain prevents the construction of a round-design cul-de-sac, "tee" or "y" types of turnarounds may be constructed. In said cases, right-of-way shall be 45 feet in width. The gravel width shall be 18 feet in both a "tee" and a "y" turnaround.
(12) Property lines on private roads. Property lines may be located along with the centerline of the proposed road and shall have a 22-1/2 foot road right-of-way measured from the centerline to each side of the road. If this method is used it shall be clearly indicated on the plats and incorporated in all deed conveyances. If the developer elects, he may place property lines(s) 22-1/2 feet from the centerline of the road(s) thereby providing a 45-foot right-of-way.
(a) Property markers (iron, granite, or concrete monument) shall be placed at the intersection of the right-of-way and property line at a point measured 22-1/2 feet from the center of the road.
(b) The minimum building setback distance from the road abutting the front of the property shall comply with the North Carolina Building Code.
(c) Design standards for lot frontage. Road frontage. All lots shall have at least 45 feet of road frontage on a state maintained or private road. Up to three lots may be accessed off a round design cul-de-sac with a minimum frontage of 40 feet.
(d) Roads and utility easements inside the floodplain.
1. Private roads may only be placed inside the hundred year floodplain to access the tract of land being developed from a state maintained road. The road must exit the 100-year floodplain as quickly as reasonably possible, and once outside the 100-year floodplain, may not reenter the 100-year floodplain.
2. Utility easements may only be placed inside the 100-year floodplain to access the tract of land being developed from a state maintained road. The utility easements must exit the 100-year floodplain as quickly as reasonably possible, and once outside the 100-year floodplain, may not reenter the 100-year floodplain.
(Ord. passed 3-20-96; Am. Ord. passed 2-1-99; Am. Ord. passed 4-8-02; Am. Ord. passed 6-15-09; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23) Penalty, see § 156.99
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