(a) Purpose. The regulations for the subdivision of land set forth in this article are established to promote orderly growth and development; provide for suitable residential and nonresidential subdivisions with adequate streets, utilities and appropriate building sites; provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities; provide for the dedication or reservation of rights-of-way or easements for streets and utility purposes; and provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries.
(b) Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets.
(1) Divisions of land exempt. The following divisions of land are not included within the definition of "subdivision", and are not subject to the city's subdivision regulations.
a. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as shown in the city's subdivision regulations;
b. The division of land into parcels greater than ten acres where no street right-of-way dedication is involved;
c. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
d. The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the city as shown in the city's subdivision regulations; and
e. The subdivision or recombination of land by public utilities for utility purposes or use.
(2) Determination and certification of exemption. The determination of whether a division of land is exempt from the definition of subdivision shall be made by the designated staff upon application of the property owner or agent, with supporting documentation (maps, plats, etc.), as needed. Upon a determination by the designated staff that the proposed subdivision is exempt, a certificate of exemption shall be issued, and the subdivision shall not be subject to the city's subdivision regulations.
(3) Effect of certification of exemption. Divisions of land found to be exempt from the definition of subdivision are not required to meet the city's subdivision regulations. However, a building or zoning permit may only be issued with respect to a lot that has been created by an exempt division if said lot meets the standards for development set forth elsewhere in this chapter, including but not limited to historic overlay district or local historic landmark guidelines and regulations. Where a regulation is contained both in this article and elsewhere in this chapter, although the regulation need not be met prior to property division and recordation, the lot in question must comply with said regulation before a building or zoning permit may be issued for the property.
(c) Coordination with other requirements. When applications for other approvals are required for the subdivision, applications for these approvals may be submitted simultaneously with the initiation of the subdivision approval process to reduce the time required to secure all necessary approvals. Application forms as required for other approvals may be obtained from the development services department.
(d) Plan submittal. Applications for subdivision approval shall be submitted to the Development Services department and must include plats with all information as required by this Chapter and the designated city departments. Applications for subdivision shall be filed in accordance with section 7-5-8 of this chapter.
(e) Approval required.
(1) Date of compliance. After the effective date of this chapter, no plat for the subdivision of land within the City of Asheville shall be filed, accepted for recording, or recorded, nor shall the County Register of Deeds or Clerk of Superior Court order the recording of a plat until it has been submitted to the city and approved as set forth herein. The signature of the designated staff on the plat shall signify conformance with the requirements set forth in this chapter.
(2) No conveyance without approval. No real property lying within the City of Asheville shall be subdivided until it conforms to all applicable sections of this chapter and other applicable law. Violations of this article shall be subject to the enforcement and penalties set forth in Article XVIII. Any sale or transfer of land in a subdivision subject to these regulations by reference to an unapproved plat or the use of a metes and bounds description shall be considered a violation of this chapter.
(3) Designation of approval agency. The City of Asheville Planning and Urban Design Department is designated as a planning agency for the purposes of N.C. Gen. Stat. § 160A-373. The Planning and Urban Design director or his/her designee shall be authorized to sign the plat signifying final approval of subdivisions.
(4) Dedication and acceptance of public areas.
a. Rights-of-way and easements. The approval of a final plat does not constitute acceptance by the city of the dedication of any street or other ground, public utility line or other public facility shown on the plat. When located within the corporate limits of the City of Asheville, such dedications may be accepted only by resolution of the Asheville City Council following inspection and approval. Until the offer of dedication is accepted by the city in either of these manners, the property owner shall be responsible for maintenance of those areas.
b. Open space. Land designated as public open space or a park on a plat shall be considered to be offered for dedication, but not accepted until the Asheville City Council has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Asheville City Council.
(f) Street and utility construction.
(1) Plans. Construction plans for all street, water, sanitary sewer, and stormwater facilities shall be submitted to the development services department consistent with preliminary plat approval. The street and utility construction plans for each subdivision, or portion thereof, shall include all improvements lying within or adjacent to the subdivision as well as improvements to all streets and water and sanitary sewer lines lying outside the subdivision which provide service to the subdivision. No final plat shall be approved until all improvements have been installed and approved or a guarantee accepted.
(2) No construction without plan approval. No improvement to or new construction of street, water, sanitary sewer, and stormwater facilities shall be permitted until the street and utility construction plans for such improvements/construction have been reviewed and approved by the designated city departments and appropriate governmental agencies. These agencies may include, but shall not be limited to, the Metropolitan Sewerage District, the North Carolina Department of Transportation, and the Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources, or their successors.
(3) Inspection of construction. All construction undertaken pursuant to approved street and utility construction plans shall be inspected and approved by the City of Asheville and/or the appropriate governmental agencies.
(4) Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may submit a performance guarantee approved by the city, including but not limited to, a performance bond from a corporate surety, licensed in North Carolina to execute such bonds, or an irrevocable letter of credit payable to the City of Asheville, either of which shall be in an amount equal to 125 percent of the estimated cost of the installation of the required improvements, as determined by the city. The performance guarantee shall secure the completion of construction of the improvements shown on the approved preliminary plat. The performance guarantee shall remain in full force and effect until such time as the construction of improvements and installation of utilities are completed and accepted by the City of Asheville. Failure to maintain the required performance guarantee shall result in the revocation of the approval of the preliminary plat and any permits issued as a result of the preliminary plat approval.
Failure to initiate construction of the improvements within one year of the date the performance guarantee was accepted by the city shall result in the city constructing the improvements, with the cost to be paid from the performance guarantee. In the event that the amount of the performance guarantee is insufficient to pay for the completion of the improvements, the property owner shall remain responsible and shall pay to the city the total amount of the insufficiency and if the city is not paid, the amount of the insufficiency shall constitute a lien on the property in favor of the city.
(g) Maintenance of common areas. Where subdivisions have common areas or facilities serving more than one dwelling unit, the developer shall be responsible for the maintenance of these common areas and facilities. This responsibility may be transferred to another entity, provided the developer prepares and records a document showing the transfer of the property and the maintenance responsibilities to a successor. In such case, the successor shall be responsible for the maintenance of the common access and facilities.
(h) Recordation of final plat. A final plat must be recorded in the office of the Register of Deeds for Buncombe County in accordance with the process outlined in section 7-5-8 of this chapter.
(i) Subdivision standards. All proposed subdivisions must meet the following standards:
(1) Lots. All lots shall conform to the following:
a. Conformance to other regulations. Every lot shall conform with all city ordinances, including but not limited to, regulations governing area, dimensions, street access, and historic overlay district and local historic landmark guidelines and regulations.
b. Lot lines and drainage. Lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways to the extent practicable to avoid the creation of lots that can be built upon only by altering such drainage ways.
c. Buildable area. Lots or parcels shall not be unreasonably shaped and shall be made to contribute to the buildable area of a lot. Unless otherwise allowed by this chapter, no subdivided lots may contain portions less than 15 feet wide. Additionally, portions of a lot that are less than 26 feet wide and longer than 25 feet will be excluded from the minimum lot area.
d. Lots on major thoroughfares. Residential lots in subdivisions shall not be entered from major thoroughfare streets.
e. Access requirements for all lots. Every new lot shall have access on a publicly maintained street or privately maintained street built to city standards. Each lot in subdivision shall meet the access requirements set forth in this chapter.
f. Lot boundaries. Lot boundaries must be contiguous with street right-of-way boundaries and shall not extend to the center of public streets. However, land to be subdivided which has existing property lines extending into street rights-of-way or into streets may continue to show the existing property lines extending into street rights-of-way or into streets. Areas in the public right-of-way shall not be used to calculate compliance with minimum lot size requirements.
(2) Landscaping and buffering. Landscaping shall be provided in the proposed subdivision as required by this chapter. Preservation of existing trees is encouraged.
(3) Open space. Open space as required by this chapter and other applicable ordinances and regulations of the City of Asheville shall be provided in the proposed subdivision.
(4) Naming of streets and subdivisions. New streets shall be named in accordance with the standards outlined in Chapter 16 of the Code of Ordinances of the City of Asheville. In addition, subdivision names or identification shall not duplicate or closely approximate phonetically the names of existing streets and subdivisions in the City of Asheville and must be approved by the emergency address coordinator.
(5) Streets. All streets must comply with the requirements of all other applicable city adopted plans and manuals including, but not limited to, the City of Asheville Standard Specifications and Details Manual.
(6) Utilities. All utilities must comply with the requirements of all other applicable city adopted plans and manuals including, but not limited to, the City of Asheville Standard Specifications and Details Manual. In addition:
a. Major subdivisions. An appropriate easement, of the width required by the utility company/agency, shall be provided for utilities including, but not limited to, electric service, telephone service, cable television service, sewer lines, and waterlines within the subdivision. The location of the easements and the physical relation of all utilities within the easement shall be delineated in the final plat. Placement of all utilities in a common easement is encouraged when such placement does not conflict with the requirements of other utilities.
b. Minor subdivisions. Utility easements shall be provided as required by the approving agency.
(7) Water supply for fire protection.
a. Water supply for fire protection shall be provided as required by the Asheville Fire Prevention Code.
b. Size, type, and installation of hydrants shall conform to the specifications set forth in the City of Asheville Standard Specifications and Details Manual.
(8) Stormwater management.
a. Design of the stormwater management system shall be consistent with the City of Asheville's stormwater regulations, as set forth in this chapter.
b. The stormwater management system design shall comply with the specifications set forth in the stormwater section of the City of Asheville Standard Specifications and Details Manual.
(9) Flood standards.
a. All subdivision proposals shall comply with the requirements of the city's flood protection regulations set forth in this chapter.
b. All subdivision proposals shall have the public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage as required by those utilities.
c. Base flood elevation data shall be provided for subdivision proposals whenever any portion of the project site is located within a designated flood hazard area.
d. Preliminary and final plats shall note the location of floodplain and floodway boundaries and the 100-year flood elevation.
(10) Steep slope ridge top development. All subdivision proposals within the City of Asheville shall be consistent with the requirements of the city's hillside development regulations set forth in this chapter.
(11) Historic overlay district development and local historic landmarks. All proposed subdivisions located within a local historic district or of land designated as a local historic landmark shall be subject to review and preliminary approval by the Historic Resources Commission ("HRC") as set forth in section 7-5-8. The preliminary approval will be granted if the HRC determines that the proposed subdivision would allow for new development features, at minimum, to be built in a manner that is congruous with the special character of the historic district and/or landmark as it relates to building setbacks, orientation and consistency with the historic development pattern.
(12) Electrical utilities. Electrical lines shall be installed underground unless inconsistent with flood protection requirements.
(13) Placement of monuments. The Standards of Practice for Land Surveying in North Carolina, as adopted by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, shall apply when conducting surveys.
(j) Phased development. Subdivisions may be designed to be platted and constructed in phases. A plan for phased development must be approved by the TRC. The plan must provide for: the provision of adequate public facilities to support each and every phase independent of the overall subdivision plan; and access and water supply for fire protection must be present for each phase to the extent required by the Asheville Fire Prevention Code. In approving the phases, the TRC may require that additional streets, water and sewer facilities, or other required public facilities be constructed as part of the phase or phases to ensure that sufficient public facilities will be in place to support each phase or phases independent of any future subdivision development.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, §§ 19, 20, 11-11-97; Ord. No. 2664, § 1(v), 2-8-00; Ord. No. 2904, § 1(v), 3-12-02; Ord. No. 3031, § 1(g)—(i), 6-10-03; Ord. No. 3032, § 1(j), 6-10-03; Ord. No. 3156, § 1, 8-24-04; Ord. No. 3261, §§ 1(b—d), 7-12-05; Ord. No. 3328, § 1(r), 1-24-06; Ord. No. 3466, § 1(b), 4-24-07; Ord. No. 3708, § 1, 3- 10-09; Ord. No. 4492, § 1c, 4-12-16; Ord. No. 4736, § 1h—j, 3-26-19)