§ 154.251 IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN.
   (A)   Suitability of land. Where land to be subdivided is found by the Planning Board to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an ascertainable danger to health, safety or property, the subdivider shall take measures necessary to correct said conditions and to eliminate said dangers.
   (B)   Streets and roads. 1
      (1)   All lots to be platted shall have access to a street and all proposed streets shall be installed in accordance with the requirements below, prior to final plat approval unless otherwise permitted pursuant to § 154.249(E).
      (2)   No private streets shall be allowed within any subdivision within the Beech Mountain Town limits. In addition, all subdivisions must be accessible to the Town of Beech Mountain street system by way of an approved public street. All streets and roads within the Beech Mountain Town limits and all portions of streets and roads providing access to subdivisions located inside the Town limits shall be designed, built and paved in accordance with existing policies and paving standards of the N.C. Department of Transportation, Division of Highways' Subdivision Roads Minimum Construction Standards dated January, 2010, revised July, 2020 (as amended), with only the following exceptions: 2
         (a)   A reduced right-of-way of 40 feet will be permitted if a reduced width is essentially unavoidable due to topographic reasons and is approved by the Town Manager. 3
         (b)   The pavement surface shall be a minimum of two inches of I-1 or I-2 (bituminous concrete surface), and the base course shall be a minimum of eight inches of Aggregate Base Course No. 7 stone (ABC).
      (3)   Review of subdivision road plans. Street plans for all subdivisions within the Town of Beech Mountain shall be reviewed by the Town's consulting engineer or other person so designated by the town, and a recommendation provided to the Planning Board indicating whether the proposed street plans meet the street requirements as specified in § 154.091 prior to preliminary plat approval.
      (4)   Registered engineer, plan preparation. The plans for all streets shall be prepared by a registered engineer.
      (5)   Street signs. 4
         (a)   Street signs shall be installed at each intersection naming the intersecting streets. Signs shall be constructed of sale-treated, two-inch by six-inch or two-inch by ten-inch lumber which shall be 36 inches wide. Lettering shall be routed into the wood and each letter shall be approximately three inches in height. Signs shall be mounted on two four by four treated posts which shall be painted black. Signs shall be mounted on the posts so as to prevent vandalism. It is the intention of this paragraph that street signs shall conform in all respects to existing street signs.
         (b)   Notwithstanding the requirements of(B)(5)(a) above, a developer may install different street signs for a specified development after they have been approved by the Planning Board. Such signs shall be maintained by the developer, or the Town will replace them with typical town street signs. 5
      (6) 6   All roads shall have such regulatory signs, white edge lines and double yellow center lines as required by the Public Works Director.
   (C)   Culs-de-sac. 7, 8 Permanent dead end streets are prohibited unless infeasible to connect. When necessary, culs-de-sac shall be constructed in accordance with the North Carolina Division of Highways Subdivision Roads Minimum Construction Standards.
   (D)   Water and sewer systems. The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. The installation of all said systems (except for individual systems - septic tanks) shall be required prior to final plat approval unless otherwise permitted pursuant to § 154.249(E).
      (1)   Public systems. 9 Where the proposed system is to be connected to a public system, the system(s) shall be installed according to Town of Beech Mountain specifications and standards and designed by a registered engineer, and plans for such system shall be reviewed and approved in advance by the Town of Beech Mountain and the appropriate state agency. * A letter of approval for such plans from the Town of Beech Mountain and the appropriate state agency shall be submitted with the preliminary plat.
         (* Refer to the definition of public water system and public sewer system in § 154.248 of this chapter.)
      (2)   Individual systems. 10 No individual or private water supply and/or sewer systems will be permitted. Developers shall be responsible for extending water and/or sewer lines from the existing Town of Beech Mountain water lines to the subdivision. Where no public sewer system is available, the Town of Beech Mountain may approve an individual or private system.
      (3)   Fire hydrants. Where a water line six inches or greater in diameter is required in a public system, fire hydrants shall be installed on said line. The hydrants shall be spaced so that coverage to all building sites along said line may be provided with not more than 500 feet of hose and shall be located to facilitate access, hose laying and drainage.
   (E)   Storm water drainage. The method of providing for storm water drainage shall be consistent with the Department of Transportation's drainage requirements as stated in Subdivision Roads Minimum Construction Standards and, furthermore, it shall be the responsibility of the developer to provide a drainage system which is designed to meet the following objectives:
      (1)   Connect into an existing storm sewer system, where feasible.
      (2)   Provide for adequate drainage from all roads, parking lots, and other developed areas.
      (3)   Provide a suitable building area on each lot intended for building development which is safe from inundation, erosion or subsidence.
      (4)   Prevent both the unnecessary impoundment of natural drainageways and the creation of areas of standing water.
      (5)   Ensure that existing drainageways serving adjacent properties are maintained.
      (6)   Ensure that natural runoff levels are not substantially increased to prevent harmful flooding downstream and to maintain desirable groundwater levels.
      (7)   Prevent inundation of surface water into sanitary sewer system.
      (8)   Protect all roads, driveways, utilities and other types of development from damages caused by improper drainage control.
      (9)   (a)   All slope-side driveways shall be serviced by a minimum 15-inch culvert to allow uninterrupted drainage under the driveway where it intersects with the drainage ditch along the street. Larger culverts may be required if determined necessary by the Town Manager and/or Public Works Director.
         (b)   Said drainage system shall be prepared by a registered engineer in conjunction with the street plans and shall be installed prior to final plat approval unless otherwise permitted pursuant to § 154.249(E).
   (F)   Sedimentation control. To prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies or other drainage networks, and when there are plans for a land disturbing activity of one acre or more, the subdivider shall show proof with the preliminary plat of an erosion and sedimentation control plan which has been approved by the authority having jurisdiction in accordance with the NCAC Title 15A, as adopted by the North Carolina Sedimentation Commission, January 11, 1978, as amended.
   (G)   Blocks. The maximum and minimum length and width of blocks shall be as follows:
      (1)   Length. Block lengths shall not exceed 1,500 feet nor be less than 400 feet. Where deemed necessary by the Planning Board, a pedestrian cross-walk of at least ten feet in width may be required.
      (2)   Width. Blocks shall have sufficient width to allow two tiers of lots of minimum depth. Blocks may be one lot in depth where single tier lots are required to separate residential development from through traffic or non-residential uses.
   (H)   Sidewalks. Sidewalks, if constructed, shall be within the street right-of-way and shall be constructed to a minimum width of four feet and shall consist of a minimum thickness of four inches of reinforced concrete.
   (I)   Lots. The requirements of the Beech Mountain Zoning Ordinance shall govern lot size and standards.
   (J)   Building setback lines. The requirements of the Beech Mountain Zoning Ordinance shall govern the location of the minimum building setback lines.
   (K)   Easements. 11
      (1)   Utility easements. The subdivider shall convey easements to the municipality or appropriate utility company for both underground and overhead utility installation where needed. Easements shall be a minimum of 20 feet wide, or as required by utility companies, and normally centered along rear or side lot lines. Wider easements may be required if the topography along the proposed right-of-way is such that maintenance equipment cannot reasonably operate within the minimum 20 feet wide easement. Where easements are required along the outside perimeter of a subdivision, ten feet will be required.
      (2)   Drainage easements. Where a subdivision is traversed by a water course, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and such further width or construction, or both, as will be adequate for the purpose of managing storm water runoff in a manner that will safeguard the health and property of the citizens of Beech Mountain and the surrounding area.
      (3)   Buffer strips. A buffer strip at least ten feet in width may be required by the Planning Board adjacent to a major street or a commercial or industrial development. This strip shall be reserved for the planing of trees and shrubs by the subdivider.
   (L)   Private driveways serving more than one lot. 12
      (1)   Travel area may be either stoned or paved, and shall have a minimum width of 16 feet. Where stone is used, it shall be a minimum of six inches of ABC Aggregate. In locations where soil conditions require additional stone to attain a stable road bed, the developer shall add the required amount of stone before attaining approval of the final plat. If the developer elects to pave roads, he or she shall meet requirements of the State Division of Highways pertaining to stone base and top surface, or as required by the Beech Mountain Planning Board, whichever is the most stringent.
      (2)   A private driveway shall provide direct access to a public street.
      (3)   The maximum length of a private driveway shall be 500 feet.
      (4)   The plat must show the location of the private driveway, etc., dimensions, and the garbage pickup area.
   (M)   Street lights.13 Developer shall install street lights at all intersections and at curves which the town deems sharp enough to warrant additional illumination.
   (N)   Utilities. 14 The developer shall be required to provide each lot in a subdivision direct access to electric distribution lines, telephone lines and cablevision lines. The installation of these utilities shall be underground in accordance with the installation requirements of the town and the utility company standards. These utilities shall be installed in accordance with the approved preliminary plat and the requirements of this subchapter, prior to approval of the final plat. Said extensions shall be accomplished with the knowledge of the utility companies and in accordance with their specifications so that, once constructed, the utility company shall assume title and control of the system.
   (O)   Note. If an existing CATV system is within reasonable proximity to the proposed development as determined by the Planning Board, then the developer shall be required, at his or her expense, to extend CATV service to the development and to all parcels within the development. The Planning Board may by resolution waive the requirement that the developer extend CATV service to the subdivision if the developer provides documentation that demonstrates that it is not financially feasible to extend the CATV service to the subdivision.
   (P)   Open space or fees in lieu. Every applicant who proposes a subdivision of land, other than a minor subdivision as defined in § 154.249(B)(2), shall designate a portion of land or pay a fee in lieu thereof, in accordance with this section, for public park, greenway or trail, recreation, and open space sites to serve the recreational needs of the residents of the subdivision or development. Dedicated open space shall either be separately deeded to the town, deeded to a non-profit land trust or conservancy for ownership and maintenance and assurance of public access, or may be held in private ownership with a recorded easement assuring public access to these facilities in perpetuity. The town may, at its discretion, decline to accept such a dedication, in which case the open space shall be dedicated to a non-profit land trust or conservancy for ownership and maintenance and assurance of access, or may be held in private ownership with a recorded easement assuring public access to these facilities in perpetuity.
      (1)   Purpose. The open space requirements contained herein are intended to set design standards for new subdivisions within the town that preserve adequate open space in order to meet the recreational needs of residents, improve the aesthetic character of the community, reduce stormwater runoff, enhance air quality, and establish cohesion between new and existing park and trail systems throughout the town.
      (2)   Definitions. For the purpose of this division, the following terms have been defined.
         ACTIVE RECREATION. Outdoor recreational activities, such as organized sports, playground activities, hiking, biking, and canoeing or kayaking, that require supportive infrastructure.
         OPEN SPACE. All public or common areas not covered by building or parking lots, stormwater management basins/ponds or detention structures, non-recreational ponds and lakes, wetlands, or streets, that have been improved for active or passive recreational purposes or set aside as natural areas.
         PASSIVE RECREATION. Outdoor recreational activities, such as nature observation, that require minimal supportive infrastructure.
      (3)   Open space requirement. The amount of open space required for dedication by each new subdivision, excluding minor subdivisions, shall be equal to or greater than 0.022 acres (958 square feet) per dwelling unit, planned or proposed.
      (4)    Responsibility for improvements. The construction of improvements shall be the responsibility of the developer, unless said developer provides a fee in lieu thereof in accordance with this section.
      (5)   Open space standards. Except as otherwise required by the Planning Board at the time of preliminary plat approval all dedications of land shall meet the following criteria:
         (a)   Character of land designated. A minimum of 75% of the land area required for dedication shall be designated for active recreation purposes;
         (b)   Usability. The land dedicated to fulfill the requirements of this section shall not have characteristics (such as slope, drainage, etc.) that make the proposed use of the land unfeasible. Land dedicated as a greenway or trail shall be a minimum of ten feet wide;
         (c)   Connectivity. In meeting the requirements established by this section, priority shall be given to achieving connectivity with existing or planned trails and park systems through the dedication of land for trails or greenways;
         (d)   Access. Land dedicated for recreational use shall be sited such that it can be safely and easily reached by its anticipated users. Public access to the dedicated land will be provided either by adjoining public street frontage or by a dedicated public easement, at least ten feet wide, which connects the dedicated land to a public street or right-of-way;
         (e)   Landscaping. Dedicated open space areas will have a sufficient natural or manmade buffer or screen to minimize any negative impacts on adjacent residents; and
         (f)   Maintenance. If the open space required herein is dedicated to the town and the town elects to accept such dedication, the town may, at its discretion, choose to maintain said open space. If the open space is retained in private ownership or assigned to a non-profit, the responsibility for maintenance shall reside with that entity. If open space retained in private ownership or assigned to a non-profit is not being adequately maintained such that the recreational area is functional and serving its purpose, the town may elect, at its discretion, to maintain the area.
      (6)   Procedures for open space dedication.
         (a)   At the time of filing a preliminary plat, the applicant shall designate thereon the area or areas to be dedicated pursuant to § 154.251(O)(3). If the applicant desires to make a payment in lieu of the dedication of land, a letter to that effect shall be submitted with the preliminary plat.
         (b)   The open space required for dedication shall be shown on the final plat when submitted. If the improvements for which the open space is dedicated have not been constructed, the final plat may be approved if such improvements are guaranteed in accordance with § 154.249(E).
         (c)   If the open space is being dedicated to the town, and the town has elected to accept such dedication, the final plat shall be accompanied by an executed general warranty deed conveying the dedicated land to the town. If the open space is being retained in private ownership or assigned to a nonprofit, documentation (i.e. covenants and restrictions) shall be provided that indicates how the area will be maintained and how such maintenance will be financed. Where a payment in lieu of dedication is approved by the town, such payment will be made before the final plat is signed and recorded.
      (7)   Payment of fees in lieu of land dedication.
         (a)   Preference will be given to projects that provide open space on-site in the form of a land dedication. Nevertheless, the payment of fees in lieu of the dedication of land under § 154.251(O)(3) above may be approved by the Planning Board upon a finding that:
            1.   The dedication of open space is infeasible or impractical given the unique nature of the particular property; or
            2.   Due to the unique characteristics of the property involved or of the property's location with respect to other services or amenities, the dedication of the open space required by this section will not accomplish the goals of this section.
         (b)   Procedures for payment of fees in lieu of land dedication.
            1.   The amount of the payment shall be the product of:
               a.   The number of acres to be dedicated, as required by § 154.251(O)(3) above;
               b.   The value per acre of the property being developed, as determined by a recent appraisal of the land performed by a professional land appraiser. The appraisal shall reflect the value of the property in its developed state. The cost of the appraisal shall be borne by the developer; and
               c.   In addition to the value derived above, a 10% premium shall be added to compensate for the cost of constructing improvements
            2.   The fees in lieu of dedication shall be paid prior to final plat approval.
            3.   Funds collected as a result of this section shall be maintained in a separate account and shall be used to purchase or to enhance the recreational use of nearby property that serves the immediate community where possible.
(1989 Code, Title V, Ch. 51, Art. XVIII, § 1807) (Ord. passed 6-4-1985; Ord. passed 4-11-1989; Ord. passed 11-13-1990; Ord. passed 3-10-1992; Ord. passed 3-9-1993; Ord. passed 7-13-1993; Ord. passed 10-11-1994; Ord. passed 12-14-1998; Ord. passed 11-17-2000; Ord. 2017-03, passed 1-10-2017; Ord. 2021-03, passed 6-8-2021)
Editor's note:
   1 Division (B) amended December 14, 1998.
   2 Division (B)(2) amended November 13, 1990.
   3 Division (B)(2)(a) amended March 9, 1993.
   4 Division (B)(5) amended April 11, 1989.
   5 Division (B)(5)(b) added by amendment October 11, 1994.
   6 Division (B)(6) added by amendment March 10,1992.
   7 Division (C), Culs-de-sac, amended July 13, 1993.
   8 Amended November 17, 2000.
   9 Division (D)(1) amended March 9, 1993.
   10 Division (D)(2) amended April 11, 1989 and March 9, 1993.
   11 Divisions (K)(1) and (2) amended March 10,1992.
   12 Division (L)(1) added by amendment June 4, 1985.
   13 Division (M) added by amendment October 11, 1988 and amended March 9,1992.
   14 Division (N) added by amendment October 11, 1988 and March 9, 1993.