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PERMANENT REFERENCE POINTS AND IMPROVEMENTS
Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with G.S. Ch. 89C and G.S. § 47-30, which provide regulations for land surveyors and for the mapping of residential subdivisions, respectively.
(Ord. passed 3-20-96; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23) Penalty, see § 156.99
Prior to the approval of the final plat, the subdivider shall have complied with the following requirements:
(A) Streets and storm drainage facilities. All streets and storm drainage facilities in the residential subdivision shall have been constructed in accordance with the drawings submitted.
(B) Water supply. Where public water is reasonably accessible (actually available and not cost prohibitive), the subdivider shall connect with the public supply and provide water mains and a suitable water connection to each lot. Where a public water supply is not reasonably accessible, the subdivider may provide individual water supplies or a community water system.
(C) Sewage systems. Where a public sanitary sewer system is reasonably accessible (actually available and not cost prohibitive), the subdivider shall connect with the public system and shall provide a connection for each lot. Where a public sanitary sewer is not accessible, individual sewage disposal systems or a community sewage disposal system may be provided. These systems shall be located, constructed, and operated in accordance with the requirements and standards of the North Carolina Department of Environment, and Natural Resources; the North Carolina Division of Health Services; and the Appalachian District Health Department.
(D) Installation at time of final plat. In the event that any public or community utilities are not installed at the time of final plat approval, a bond or other security guarantee may be required by the Planning Board as specified in § 156.57.
(Ord. passed 3-20-96; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23) Penalty, see § 156.99
Where it is in the best interest of all parties concerned to defer the installation or completion of some required improvements such as roads, or sewer and water connections, the planning staff or Planning Board as appropriate may approve the final plat if the subdivider posts a bond with surety or other guarantees satisfactory to the County Commissioners in the amount equal to or greater than the estimated cost of the deferred improvements. Such guarantees shall guarantee either the performance of the specified work or payment of the specified sum to the county if said improvements have not been installed within the times specified on the final plat. The County Commissioners may require the bond or other guarantee be greater than the estimated cost of the improvements to allow for cost increases.
(Ord. passed 3-20-96; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23) Penalty, see § 156.99
VARIANCES
Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of this chapter would cause an unnecessary hardship, the Board of Adjustment may authorize a variance, if such variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered into the minutes of the Board of Adjustment with the reasoning set forth on which the departure was justified. Requests for variances shall be made in writing and submitted to the Planning Department staff, in the form of a letter, at or before the time of either preliminary or final plat submission. The letter shall be addressed to the Ashe County Board of Adjustment, and shall include the project name, and explain the variance being sought as well as any circumstances which make a variance necessary.
(Ord. passed 3-20-96; Am. Ord. passed 4-8-02; Am. Ord. passed 12-19-22; Am. Ord. passed 8-21-23)
Administrative staff. No staff member shall make a final decision on an administrative decision required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government, pursuant to the authority of G.S. § 160D-109.
(Ord. passed 12-19-22; Am. Ord. passed 8-21-23)
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