The following standards shall apply to minor subdivisions:
(A) Minor subdivision. A residential subdivision that involves the platting and recordation of 6 or less lots. Lots platted and recorded as part of a minor subdivision shall be limited to single-family residential use, and shall not be used for commercial or industrial purposes, regardless of the applicable zoning district or other land use ordinances. This residential limitation shall not be intended to preclude the location of mobile homes or modular homes on lots developed as part of a minor subdivision, if these structures are permitted in the applicable zoning district. This residential limitation shall not be interpreted to preclude the location of home occupations or other commercial accessory uses that may be permitted in certain zoning districts in unincorporated Dare County.
(B) Streets. All street improvements in a minor subdivision shall consist of a minimum of a 30-foot-wide right-of-way, with 18-foot-wide paved improvements located internal to this right-of-way area. The paved improvements shall be constructed to the sub-base and base material specifications and other design criteria of the North Carolina Department of Transportation. Roadside swales for the purpose of stormwater retention and/or drainage shall be installed within the right-of-way. The maintenance of the street improvements and swales, once installed, shall be the responsibility of the abutting property owners. A certificate establishing the maintenance responsibility for the street improvements shall be included on the final plat, and such information shall also be conveyed to purchasers of the lots as a feature of the deed to such lots.
(1) Statement, inspections and certificate. The subdivider shall submit, as a part of the preliminary plat, the signed statement of a North Carolina-licensed professional engineer, stating that the proposed streets, as designed, will meet all of the requirements of this section. The subdivider shall provide for inspections to ensure that the streets are being constructed in accordance with the approved preliminary plat, by an independent, licensed professional engineer during the construction process, whose reports are to be submitted to the Planning Board in accordance with a schedule submitted and approved as part of the preliminary plat. As a part of the final plat, the subdivider shall submit a certificate of an independent, licensed professional engineer that the streets have been constructed in accordance with the approved preliminary plat.
(2) Street standards. Street improvements approved and recorded as part of a minor subdivision shall not be used as access for other property or other development unless the streets are improved to a level consistent with the street standards of § 153.40(A)(1).
(C) Lot size. For zoned areas, all lots in a minor subdivision shall meet the minimum lot size requirements of the applicable zoning district.
(D) Utility locations. Easements for utilities shall be established along the front of each proposed lot. Such easements shall be a minimum of 15 feet, and shall be depicted on the final plat and clearly demarked as utility easements. No other structural improvements, other than driveway improvements, may be located within the designated utility easement area.
(E) Plat certificates. The following certificates shall be included on all minor subdivision plats that are recorded in the Dare County Register of Deeds office:
(1) Minor subdivision certificate.
Minor Subdivision Certificate
This subdivision has been approved as a minor subdivision under the standards of the Dare County Subdivision Ordinance. The lots in this subdivision shall be used for single-family residential purposes. This residential limitation for minor subdivision lots shall not preclude the location of home occupations or other commercial accessory uses as may be permitted in certain zoning districts in unincorporated Dare County. Maintenance of all infrastructure improvements, including roads and swales, shall be the sole responsibility of the property owners.
(2) Certificate of ownership.
Certificate of Ownership
I hereby certify that I am the owner of the property shown and described hereon, which is located in the regulatory jurisdiction of the County of Dare, and that I hereby adopt this plan of subdivision with my free consent. I hereby dedicate all water lines to the County of Dare.
I, ________________, hereby certify that ____________ personally appeared before me this day and acknowledged the due execution of this certificate. Witness my hand and official seal this the _____ day of 20___.
__________________________ (official seal)
Signature
State of North Carolina
County of _______
(3) Certificate of approval for recording.
Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Ordinance of Dare County, and that this plat has been approved by the Dare County Planning Board for recording in the Office of the Register of Deeds of Dare County.
__________________ _____________
Dare County Subdivision Administrator Date
(4) Review officer certificate.
Review Officer Certificate
State of North Carolina
County of Dare
I, ________________________, Review Officer of Dare County certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.
____________________ __________________________
Date Review Officer
(5) Certificate for acceptance of dedications.
Certificate for Acceptance of Dedications
I certify the acceptance of the dedication of roads, easements, rights-of-way, public parks, and other sites for public purposes, as shown hereon, but assume no responsibility to open or maintain same until in the opinion of the governing body of Dare County, it is in the public interest to do so.
____________________ __________________
Dare County Manager Date
(6) Al appropriate and applicable certificates for the registered land surveyor/professional engineer.
(F) Other subdivision standards. All other standards of the Dare County Subdivision Ordinance shall apply except as specifically exempted in the above section.
(G) Exceptions. For minor subdivisions that involve a total acreage of 3 acres or less, an exception to the minor subdivision road standards may be granted, if the following conditions may be met:
(1) A perpetual easement shall be recorded to provide access to the proposed lots. Such easement shall not be less than 20 feet in width, and the level of surface improvements for the easement shall be sufficient to carry the weight of fire trucks and sanitation service vehicles. The easement shall not be used for access to other developments or properties.
(2) A maneuvering area shall be provided for emergency and service vehicles. This area may be provided on each lot or as a common area shared by the proposed lots. Such area shall not be used for other purposes.
(3) Additional easements as needed for stormwater and utility improvements shall be provided on the individual lots.
(4) It shall be acknowledged on the plat that individual solid waste service and school bus pick-up service may not be available due to the lack of improved street improvements.
All other standards for minor subdivisions shall apply.
(Ord. passed 9-2-2008; amended 3-21-2011; Am. Ord. passed 6-1-2021)