(A) Compliance. Except as hereinafter provided, before any final plat of a subdivision shall be eligible for final approval, and before any street or utility shall be accepted for maintenance by the town, minimum improvements shall have been completed and approved in accordance with town engineering standards and specifications, or their completion shall have been guaranteed with an irrevocable letter of credit in accordance herewith.
(B) Intent of specifications. The intent of the specifications set out in this subchapter is to prescribe minimum requirements for storm drainage, water supply, wastewater, sidewalks and street improvements to be undertaken by the developer within the town or its extraterritorial jurisdiction. Satisfactory completion of these improvements, attested by approval of the town’s Public Works Director or his or her designee will qualify streets in the town and utilities in the city or its extraterritorial jurisdiction to be accepted for maintenance by the town.
(C) Statement by owner. The owner of land, or his or her authorized agent, shown on a subdivision plat submitted for approval by the Town Council shall sign a statement on the plat stating whether or not any land shown thereon is within the subdivision regulation jurisdiction of the Town Council.
(D) Effect of plat approval on dedications. Pursuant to G.S. § 160A-374, the approval of a plat shall not be deemed to constitute or effect the acceptance by the town or public of the dedication of any street or other ground, public utility line or other public facility shown on the plat. However, the Town Council may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, public utility lines or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the town shall not place on the town any duty to open, operate, repair or maintain any street, utility line or other land or facility, and the town shall in no event be held to answer in any civil action or proceeding for failure to open, repair or maintain any street located outside its corporate limits.
(E) Abrogation. It is not intended that this chapter repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposed greater restrictions, the provisions of this chapter shall govern.
(F) Inspections of utilities.
(1) The office of the town’s Public Works Director or his or her designee shall be notified 24 hours in advance of the work to be started so that an authorized representative of the town’s Public Works Director or his or her designee may be assigned to make any and all necessary inspections of the work performed.
(2) The town’s Public Works Director or his or her designee, or his or her representative, shall be allowed access to all parts of the work, and shall be furnished with every reasonable facility to ascertain whether or not the work is performed in accordance with the specifications.
(3) No material shall be placed, nor any work performed, except in the presence of the town’s Public Works Director or his or her designee, or his or her authorized inspector, without special permission of the town’s Public Works Director or his or her designee. Such inspections, however, shall not relieve the contractor from any obligation to perform all of the work strictly in accordance with the specifications.
(4) In case of any dispute arising as to the material furnished or the manner of performing the work, the Inspector shall have authority to reject materials or suspend work until the question at issue can be referred to and decided by the town’s Public Works Director or his or her designee. The contractor shall remove any work or material condemned as unsatisfactory by the town’s Public Works Director or his or her designee and shall rebuild and replace same to the standard required by the specifications, all at his or her own expense.
(5) The office of the town’s Public Works Director or his or her designee will be responsible for all inspection.
(6) When conflicts occur between State Department of Transportation standards and the town standards, the town standard will apply.
(7) All contracts for the performance of work to construct required improvements must be approved by the town’s Public Works Director or his or her designee.
(G) Improvements variance.
(1) The Town Council, with a recommendation from Public Works, may grant a variance from the terms of these improvements regulations when such variance will not be contrary to the public interest and where, because of the existence of unusual physical conditions, strict compliance with the provisions of this chapter would cause an unusual and unnecessary hardship on the subdivider. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the town’s Public Works Director or his or her designee unless and until a written application for an improvements variance is submitted to the office of the town’s Public Works Director or his or her designee on forms provided by that office demonstrating:
(a) Special conditions and circumstances exist which are peculiar to the land, structures or required subdivision improvements involved and which are not applicable to other lands, structures or required subdivision improvements;
(b) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions;
(c) The special conditions and circumstances do not result from the actions of the applicant; and
(d) The granting of the variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, structures or required subdivision improvements under similar conditions. No existing conditions on neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance.
(2) The town’s Public Works Director or his or her designee shall make findings that the requirements of this section have been met.
(3) The town’s Public Works Director or his or her designee shall further make a finding that the reasons set forth in the application justify the granting of the variance that would make possible the reasonable use of the land, buildings or other improvements.
(4) The town’s Public Works Director or his or her designee shall make further finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory or otherwise be detrimental to the public welfare.
(5) The town’s Public Works Director or his or her designee shall make all findings required by this section within seven days of the date of receipt of the written application.
(6) An appeal from the finding of the town’s Public Works Director or his or her designee may be taken to the Town Council by any person aggrieved. An appeal is taken by filing with the Zoning Administrator a written notice requesting a subdivision variance and specifying the grounds therefor, as set forth herein.
(7) An appeal must be taken within seven days after the date of the findings by the town’s Public Works Director or his or her designee.
(8) The Town Council may reverse or affirm (wholly or partly) or may modify the findings appealed from and shall make any order, requirements, decision or determination that, in its opinion, ought to be made in the case before it.
(Ord. passed - -, App. C-1)