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§ 153.45  GENERAL.
   (A)   Each subdivision of land shall meet the minimum standards of design and contain the improvements required by this subchapter.
   (B)   Land may be dedicated and reserved in each subdivision and the required improvements shall be paid for by the subdivider or developer.
(Ord. passed 1-8-2002)
§ 153.46  SOLID WASTE SITES.
   Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the County Health Department, a structural engineer, and a soils expert determine that the land is suitable for the purpose proposed.
(Ord. passed 1-8-2002)
§ 153.47  NAME DUPLICATION.
   The name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the county.
(Ord. passed 1-8-2002)
§ 153.48  SUBDIVISION DESIGN.
   (A)   Lots.
      (1)   Lot size shall be regulated as required by the County Health Department for septic tank purposes, where applicable.
      (2)   Every lot shall front or abut on a dedicated, public street, or a private street dedicated to a homeowners’ association. For lots with a granted access easement, the following criteria must be met.
         (a)   An access easement shall serve only a special subdivision as defined in § 153.04.
         (b)   The minimum easement width shall be 50 feet and shall connect to a dedicated public or private street.
         (c)   There shall be within the access easement a minimum passable travel way of at least 20 feet in width.
         (d)   The minimum separation between the proposed access easement and any other access easement on the same tract of land should be 150 feet.
         (e)   The location of the easement shall be recorded on the final recordable plat.
         (f)   The access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s).
         (g)   A notation shall be placed on the face of the plat which states that no additional lots beyond the three, including resubdivision of the lots served by the access easement, shall be permitted unless the access easement is upgraded by the property owner(s) to a public or private street and meets or exceeds the design standards set forth by this chapter.
         (h)    The subdivision shall be approved by the Subdivision Administrator or the County Planning Board in accordance with the special subdivision procedure.
         (i)   When a special subdivision occurs adjacent to a non-conforming access easement, if the access easement serves the special subdivision, the portion or entirety of the access easement which serves the special subdivision shall no longer be considered non-conforming and must meet the requirements of this chapter.
      (3)   Side lot lines shall be substantially at right angles or radial to street lines.
      (4)   The minimum setback for all buildings and appurtenances from the property lines shall be as follows:
         (a)   From the front property line: 30 feet;
         (b)   From the side property line: ten feet;
         (c)   From the rear property line: 25 feet;
         (d)   From the side property line adjacent to the street on corner lots: 30 feet; or
         (e)   From the front property line on major thoroughfares: 40 feet.
   (B)   Easements.
      (1)   Existing easements recorded on or before the adoption of this chapter shall be considered nonconforming and are not required to meet the requirements of this chapter. However, when a subdivision occurs adjacent to an existing easement, if the easement serves the subdivision, the portion or entirety of the easement which serves the subdivision shall no longer be considered non-conforming and must meet the requirements of this chapter.
      (2)   Utility and drainage easements shall be provided for utilities where necessary and shall be at least 20 feet wide, except where utility easements abut the street right-of-way, the easement shall be at least ten feet. Easements should be centered on rear or side lot lines to the maximum practical extent.
      (3)   Where a subdivision is transversed by a watercourse, drainageway, drainage tile, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.
      (4)   Private road easements shall be a minimum of 50 feet in width and shall be recorded with the lots. When a subdivision occurs adjacent to an existing non-conforming easement, if the easement serves the subdivision, the portion or entirety of the easement which serves the subdivision must be upgraded to meet this standard. This would require providing a 25 foot easement if the subdivision only occurs on one side of the private road, or a 50 foot easement if the subdivision occurs on both sides of the private road.
      (5)   Access easements shall meet the requirements as set forth in division (A)(2) above.
(Ord. passed 1-8-2002; Ord. passed - -)
§ 153.49  STREETS.
   (A)   General. All public streets shall be built to the standards of this chapter and all other applicable standards of the county and the State Department of Transportation. Public streets which are eligible for acceptance into the State Highway System shall be constructed to the standards necessary to be put on the State Highway System or the standards in this chapter, whichever is stricter in regard to each particular item, and shall be put on such system. Streets which are not eligible to be put on the State Highway System because there are too few lots or residences shall, nevertheless, be dedicated to the public and shall be in accordance with the standards in this chapter or the standards necessary to be put on the State Highway System, whichever is stricter in regard to each particular item, so as to be eligible to be put on the system at a later date. A written maintenance agreement with provisions for maintenance of the street until it is put on the state system shall be recorded with the book and page referenced on the final plat.
   (B)   Subdivision street disclosure statement. All public streets shown on the final plat shall be designated in accordance with G.S. § 136-102.6 and designation as public shall be conclusively presumed to be an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or the state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat.
   (C)   Half streets. The dedication of half-streets shall be prohibited.
   (D)   Margin access streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a margin access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.
   (E)   Access to adjacent properties. Where, in the opinion of the Planning Board, it is necessary to provide for street access to an adjoining property, proposed public streets shall be extended by dedication to the boundary of such property and a temporary turn-around provided.
   (F)   Design standards. The design of all public streets and roads within the jurisdiction of this chapter shall be in accordance with the accepted policies of the State Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The State Department of Transportation, Division of Highways’ Subdivision Roads Minimum Construction Standards, as revised, shall apply for any items not included in this chapter, or where stricter than this chapter.
   (G)   Public streets. For all public streets, the minimum right-of-way widths shall be 50 feet.
      (1)   Intersections.
         (a)   Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle less than 60 degrees.
         (b)   Offset intersections are to be avoided unless exception is granted by the Division of Highways. Intersections which cannot be aligned should be separated by a minimum length of 200 feet between survey centerlines.
      (2)   Cul-de-sacs. Cul-de-sacs should not exceed 2,500 feet in length unless necessitated by topography or property accessibility. Measurement shall be from the point where the centerline of the dead-end street intersects with the center of a through-street to the center of the turn-around of the cul-de-sac. The distance from the edge of pavement on the vehicular turn-around to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turn-around.
      (3)   Alleys.
         (a)   Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived here if definite and assured provision is made for service access. Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances.
         (b)   The width of an alley shall be at least 20 feet.
         (c)   Dead-end alleys are not permitted.
   (H)   Private streets.
      (1)   Private streets or roads shall meet all of the other design requirements of this chapter.
      (2)   In addition, private streets and roads shall meet the following standards.
         (a)   The minimum right-of-way width shall be 50 feet.
         (b)   Private streets shall be constructed to meet all of the State Department of Transportation, Division of Highways’ Construction Standards, except for applying crushed stone or for paving.
         (c)   All private streets and roads shall be dedicated to a homeowners’ association, which meets the following.
            1.   The homeowners’ association shall be established before the lots are sold.
            2.   Membership in the association shall be mandatory for each lot buyer and all successive buyers.
            3.   The association shall be responsible for the maintenance and upkeep of the private street or road.
            4.   Any sums levied by the association that remain unpaid shall become a lien on the individual owner’s property which shall be subordinate only to tax and mortgagee liens.
            5.   A copy of the bylaws shall be provided to the Planning Board and include the following:
               a.   The name of the association;
               b.   The manner in which directors of the association are to be selected;
               c.   The post office address of the initial registered office;
               d.   The name of the city and county in which the registered office is located;
               e.   The number of directors constituting the initial Board of Directors; and
               f.   Voting rights.
   (I)   Other requirements.
      (1)   Through-traffic discouraged on residential collector and local streets. Residential collector and local streets shall be laid out in such a way that their use by through-traffic will be discouraged. Streets shall be designated or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly.
      (2)   Street names. Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names in the county, irrespective of the use of a suffix such as street, drive, place, court, and the like. Street names shall be subject to the approval of the Planning Board.
      (3)   Street name signs. The subdivider shall be required to provide and erect street name signs to county standards at all intersections within the subdivision.
      (4)   Permits for connection to state roads. An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the Division of Highways.
(Ord. passed 1-8-2002)
§ 153.50  UTILITIES.
   (A)   Water and sewer facilities.
      (1)   Within the county’s jurisdiction, each lot in all subdivisions located within 500 feet of a public water and/or sewer system should be connected, at the subdivider’s or developer’s expense, to that water and/or sewer system. If the developer provides a community water and/or sewer system rather than connecting to another community or public water and/or sewer system, or provides individual wells and/or septic tanks when the subdivision is more than 500 feet away, the materials, design, and installation will be subject to approval by the State Department of Human Resources, Division of Health Services; State Department of Environment and Natural Resources, Division of Environmental Management; and/or the County Health Department.
      (2)   Sanitary sewer collection lines and water distribution lines shall meet the requirements set forth by the appropriate division within the State Department of Environment and Natural Resources.
      (3)   For the purpose of this section, the terms WATER SYSTEM and SEWER SYSTEM shall include all appurtenances and fixtures normally associated with such facilities, including fire hydrants, gate valves, blow-offs, manholes, and pumping apparatus.
   (B)   Stormwater drainage system. The subdivider shall provide a surface water drainage system constructed to the standards of the State Department of Transportation or other applicable state or federal standards.
      (1)   No surface water shall be channeled or directed into a sanitary sewer.
      (2)   Where feasible, the subdivider shall connect to an existing storm drainage system.
      (3)   Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage.
      (4)   Surface drainage courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the standards and specifications for erosion control of the State Sedimentation Pollution Control Act, G.S. Ch. 113A, Art. 4, the State Administrative Code, Title 15, Ch. 4, and any locally adopted erosion and sedimentation control ordinances.
      (5)   Streambanks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity in accordance with the State Sedimentation Pollution Control Act, G.S. Ch. 113A, Art. 4, and the State Administrative Code, Title 15, Ch. 4.
      (6)   Anyone constructing a dam or impoundment within the subdivision must comply with the State Dam Safety Law of 1967, being G.S. §§ 143-215-23 et seq. and the State Administrative Code, Title 15, Subch. 2K.
      (7)   In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
   (C)   Underground wiring. All subdivisions shall have underground wiring. This requirement may be waived by the Planning Board in areas where soils have a high water table, or if there is extensive preexisting overhead wiring on the street in the immediate neighborhood of the subdivision.
   (D)   Lighting. Lighting in a major subdivision shall be adequate to allow movement along the streets, but in no case shall distance between lighting exceed 300 feet. If the average lot size in the subdivision is greater than one-half acre and no less than 50% of the lots exceed one-half acre, then light shall be at the discretion of the developer.
(Ord. passed 1-8-2002)
§ 153.51  OTHER REQUIREMENTS.
   (A)   Placement of monuments. Unless otherwise specified by this chapter, the Standards of Practice for Land Surveying as adopted by the State Board of Registration for Professional Engineers and Land Surveyors, under the provisions of Title 21 of the State Administrative Code, Ch. 56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers, and property corner ties; to determine the location, design, and material of monuments, markers, control corners, and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.
   (B)   Construction procedures. No building, zoning, or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until the final plat has been approved and arrangements with the administrator of this chapter to provide for adequate inspection  have been made. The approving authorities or their representatives have jurisdiction to inspect and approve all completed work prior to release of the sureties.
(Ord. passed 1-8-2002)
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