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   8.1.9   Subdivision Monuments, Blocks, and Lots
      The following provisions apply to subdivision of land.
      (A)   Monuments and Markers
         (1)   Permanent concrete monuments four (4) inches in diameter or square, and three (3) feet long, shall be placed at no fewer than two (2) corners of the subdivision. Additional monuments shall be placed where necessary so that no point within the subdivision lies more than five hundred (500) feet from a monument. Two (2) or more of the required monuments shall be designated as control corners. The top of each monument shall have an indented cross, metal pin, or metal plate to properly identify the location of the point. All monuments shall be shown on the final plat.
         (2)   At least one (1) corner of the property surveyed shall be designated by course and distance (or tie) from a readily discernible reference marker. If a corner is within two thousand (2,000) feet of a United States Coast and Geodetic Survey station or a North Carolina grid system coordinated monument, then that corner shall be marked with a monument so designated and shall be accurately tied to this station or monument by computed "X" and "Y" coordinates. These coordinates and the location of the monument shall appear on the subdivision plat, to an accuracy of 1:20,000, along with a statement identifying the reference station or monument. Where such a reference station or monument is not available, the tie shall be made to some pertinent and readily recognizable landmark, point, physical object, or structure.
         (3)   All lot corners, all points where street lines intersect the exterior boundaries of the subdivision, all angle points, and all points of curvature in each street shall be marked with galvanized pipe which is no less than three-fourths (¾) of an inch in diameter and no less than thirty (30) inches long, driven so as to be two (2) inches above the finished grade.
      (B)   Blocks
         (1)   Blocks shall be laid out with due regard to the type of use to be established within the subdivision.
         (2)   Block lengths for detached dwellings and duplexes shall not exceed one thousand five hundred (1,500) feet. Block lengths for patio dwellings, subdivided attached/semi-attached, and townhouse developments shall not exceed eight hundred (800) feet.
         (3)   Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, except where otherwise required to separate residential development from through-traffic.
         (4)   Pedestrian ways or crosswalks, no less than ten (10) feet in width, shall be provided near the center and entirely across any block which is nine hundred (900) feet or more in length where necessary to provide adequate pedestrian circulation or access to schools, churches, retail stores, personal service establishments, or transportation facilities.
      (C)   Lots
         (1)   General Requirements
            (a)   The size, shape, and location of lots shall be established with due regard to topographic conditions, contemplated uses, and the character of the surrounding area.
            (b)   Lot sizes and building setback lines shall conform to the minimum lot area, minimum lot width, and minimum yard requirements set forth in this Ordinance for the zoning district in which the subdivision is located.
            (c)   Lots that front on more than one (1) street, other than corner lots, shall be avoided to the maximum extent possible.
            (d)   Side lot lines shall be substantially at right angles or radial to street lines.
            (e)   Property lines at street intersections shall be rounded, with a radius of at least twenty (20) feet; a greater radius may be required by the Development Review Committee as part of its approval of the preliminary plat.
            (f)   The width of the lot at the street right-of-way line shall be a minimum of twenty (20) feet to accommodate all driveways, drainage facilities, and utilities in accordance with the Town's Standard Specifications and Details Manual. The stub end of a street shall not serve as the required twenty (20) feet of right-of-way unless it is configured with an approved turn-around meeting the requirements of the Town’s Standard Specifications and Details Manual.
            (g)   Detached/attached and townhouse dwelling lots shall be served by publicly-maintained streets and alleys in accordance with the requirements of the Standard Specifications and Details Manual. Attached use types include duplex, patio, and semi-detached dwellings. Within the transportation network connecting the aforementioned lots to a thoroughfare or collector roadway, there shall be no intervening private streets.
         (2)   Flag Lots
            The Town of Cary discourages and restricts the creation of flag lots. A flag lot shall be permitted if necessary to allow a property owner reasonable use and benefit of a parcel of land or to alleviate situations, which would otherwise cause extreme hardship for the owner. Flag lots are prohibited except:
            (a)   Where necessary to eliminate access onto thoroughfares;
            (b)   To reasonably utilize irregularly-shaped land;
            (c)   To reasonably utilize land with severe topography;
            (d)   To reasonably utilize land with limited sites suitable for septic tank nitrification fields and/or;
            (e)   To provide for the protection of significant natural or cultural resources.
            (f)   To enable subdivision of lots containing recognized historic structures within the Downtown Historic District.
            Except within the Downtown Historic District, no flag lot will be allowed if it increases the number of access points onto a major thoroughfare. Existing subdivisions shall not be re-subdivided to create flag lots.
            A note must be placed on any plat for recording flag lots noting that no public rear-yard garbage pickup will be provided for houses located more than one hundred twenty-five (125) feet from a public street.
            Use of a single driveway, granted through an easement to serve adjoining flag lots or to serve a flag lot and an adjoining conventional lot, is permitted and encouraged to reduce access points on public streets.
(Ord. No. 04-001, 1-8-04; Ord. No. 05-001, 1-13-05; Ord. No. 06-009, 4-27-06; Ord. No. 2007-04, 3-22-07; Ord. No. 2007-21, 12-13-07; Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2009-LDO-03, 5-14-09; Ord. No. 2010-LDO-01, 1-14-10; Ord. No. 2010-LDO-04, 9-30-10; Ord. No. 2010-LDO-05, 12-16-10; Ord. No. 2011-LDO-01, 1-11-11; Ord. No. 2012-LDO-02, 3-7-12; Ord. No. 13-LDO-01, 2-13-13; Ord. No. 2013-LDO-02, 6-13-13; Ord. No. 2014-LDO-03, 8-14-14; Ord. No. 2015-LDO-001, 4-21-15; Ord. No. 2015-LDO-003, 7-23-15; Ord. No. 2015-LDO-006, 12-10-15; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2018-LDO-01, 5-3-18; Ord. No. 2018-LDO-03, 11-15-18; Ord. No. 2019-LDO-01, 9-26-19; Ord. No. 2019-LDO-03, 10-10-19; Ord. No. 2020-LDO-01, 5-7-20; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2022-LDO-03, 10-27-22; Ord. No. 2022-LDO-04, 11-17-22; Ord. No. 2023-LDO-04, 11-16-23)