(A) Lots sizes, shapes, and locations shall be made with due regard to topographic conditions, soil types, contemplated use, and the surrounding natural and human-made uses. Land designated as a floodplain by the Federal Emergency Management Agency (FEMA) shall always be designated on all lots, tracts, or plats when presented. Under no circumstances will required lot areas contain street rights-of-way.
(B) Every lot shall front on or abut a minimum of 25 feet on a publicly-dedicated or maintained street except in PUD areas that have been approved by the County Planning Board.
(C) Lots shall comply with the following requirements.
(1) Lots served by both public water and public sewer shall have an area not less than 8,000 square feet, a width at the building line of not less than 70, nor be less than 100 feet deep. Planned unit developments are exempt.
(2) Lots served by public water but not by public sewer shall have an area not less than 30,000 square feet, a lot width at the building line of not less than 80 feet, nor be less than 150 feet deep. Planned unit developments are exempt.
(3) Lots served by neither public water nor public sewer shall have an area not less than 40,000 square feet, a lot width at the building line of not less than 100 feet, nor be less than 150 feet deep.
(4) All lots in a major subdivision that are accessed by a publicly- dedicated or maintained street shall meet the following requirements:
(a) Lot width. 150 feet shall be the minimum width of each lot. The measurement shall be made from one side property line to the other at the building at the building setback line.
(b) Front yard setback. 60 feet shall be minimum setback of the principal structure, measured from the nearest point of the building and the right-of-way line.
(c) Side yard setback. 30 feet shall be the minimum side yard for each principal building, measured from the nearest point of the building and the side lot line.
(5) No driveway on any lot shall be located within 30 feet of a street right-of-way intersection.
(6) The minimum building setback from the property line or road right-of-way line shall be specified in this chapter.
(7) Any part of the property located in the road right-of-way shall not be included in the minimum lot area.
(8) Townhouses and other types of attached single-family structures:
(a) For lots with individual septic tanks, all shall comply with the minimum lot area requirements of divisions (C)(2) and (3) above or by a combination of lot area and open space; and
(b) Lots served by public water and public sewer shall have:
1. A minimum lot size of 2,000 square feet and a minimum lot width of not less than 20 feet;
2. A front yard setback of not less than 30 feet;
3. A rear yard setback of not less than 30 feet; and
4. No side yard setback requirements except on corner lots. This corner side yard setback shall not be less than one-half the front yard setback requirement measured from the exterior building line of the principal structure.
(c) Five-foot access easements shall be reserved in each rear yard and ten-foot access easements shall be located between each principal building;
(d) No dwellings shall be connected on more than two sides by common walls; and
(e) Each townhouse shall be provided with at least two parking spaces, ten by 20 feet in size.
(9) Recreation and open space.
(a) Requirement. Every person or corporation that subdivides land for residential purposes under the requirements contained in these regulations shall also be required to dedicate a portion of such land; to provide cash-in-lieu-of-land payment; or to provide a combination of land, cash, and facility development acceptable to the county for the purposes of developing park, recreation, and open space sites to serve the residents of the neighborhood in which the subdivision is located or in the immediate area of the subdivision. Subdivisions which develop and maintain their own park or recreational areas that meet or exceed the standards set forth herein are exempt. Planned unit developments are exempt.
(b) Amount of land.
1. The amount of land required to be dedicated by a subdivider shall be based on:
a. The total number of dwelling units or lots;
b. The most recent U.S. Bureau of the Census figures for an average family size in the county;
c. Minimum park and recreation standard factor of eight acres per 1,000 persons or 0.008 acres per person; and
d. A variable density factor.
2. Example 1. 100 dwelling units x 2.5 (average family size) x .008 (recreational standard) x 1.0 (variable density factor) = 2 acres dedicated for recreation.
(c) Variable density factor table.
Acreage Average per Dwelling Unit or Lot
|
Variable Density Factor
|
Acreage Average per Dwelling Unit or Lot
|
Variable Density Factor
|
0.0 - 0.1 | 1.8 |
0.1 - 0.2 | 1.6 |
0.2 - 0.3 | 1.4 |
0.3 - 0.4 | 1.2 |
0.4 - 0.5 | 1.0 |
0.5 - 0.6 | 0.9 |
0.6 - 0.7 | 0.8 |
0.7 - 0.8 | 0.7 |
0.8 - 0.9 | 0.6 |
0.9 - 1.0 | 0.5 |
1.0 or above | 0.0 |
(d) Acreage average per dwelling unit. Acreage average per dwelling unit or lot is computed by dividing the combined total acreage of all dwelling units or lots by the number of dwelling units or lots. For computation purposes, land dedicated or reserved for other purposes such as streets, alleys, and other purposes other than residential shall not be used in determining average acreage. In no case shall a developer be required to dedicate more than 30% of the acreage of a development.
(e) Variable density factor. Variable density factor is designed to provide an adjustment to subdivision plats which contain average lot sizes of one-half acre and above. This adjustment is used since subdivisions with larger lots contain more open space, and thus, fewer lots and greater park acreage. Conversely, those subdivision plats that create lots or units which average less than four-tenths acre are adjusted due to the density of development and the inherent increased demand for more public recreation and park land. The adjustments for large lots or for small lots are based on a sliding scale reflecting degree of density.
(f) Criteria for evaluating suitability. Criteria for evaluating suitability of proposed recreation, parks, and open space areas shall include but not be limited to the following as determined by the County Planning Board in consultation with the Mocksville-Davie Recreation Department:
1. Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The Planning Board may require that the parcels be connected by a path up to 30 feet in width in addition to the recreation land requirement;
2. Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision;
3. Useable land. The shape, topography, and subsoils of the dedicated land shall be such as to be useable for parking and active recreation. Lakes and marsh may not be included in computing dedicated land area unless acceptable to the Planning Board; and
4. Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such public easement shall be at least 30 feet in width.
(g) Permissible amounts. A developer may use the figure of $5,000 per acre of dedicated recreational land or market value, whichever is less, as required in division (C)(9)(b) of these regulations. The county shall purchase recreational land or areas to serve the subdivision or development in the immediate area.
(h) Dedication adjustments. The Planning Board may, in cases of an unusual or exceptional nature, allow adjustments in the dedication requirements established in these regulations. Such adjustments shall be reviewed by the County Recreation Department. An unusual or exceptional nature may include but not be limited to land within the development set aside for private recreation or proposed expenditures for recreational facilities or equipment.
(i) Expenditures of recreation funds. Expenditures of recreation funds shall be determined by the County Board of Commissioners.
(j) Excess donation. If the land donated in a section of a subdivision exceeds the requirement in division (C)(9)(b) below, the difference can be applied to future sections.
(k) Future plans. If the overall master plan of a subdivision shows future recreation areas not included in the section receiving final plat approval, the donation of recreation land (or fees) shall not be required. However, if the amount of recreation land required by these regulations are not developed within one year of final plat approval, division (C)(9)(b) or division (C)(9)(g) below shall immediately apply.
(l) Cash-in-lieu-of-land payments. Cash-in-lieu-of-land payments shall be spent only on capital improvements for county-sponsored recreational programs.
(10) Campground subdivision.
(a) The minimum size of a campground subdivision shall be one acre.
(b) Gross density shall not exceed 20 lots per gross acre.
(c) Each lot shall be clearly staked in accordance with these regulations.
(d) One all-weather (for example, stone or other suitable material) automobile parking space shall be provided for each lot, to be located outside of any public right-of-way or any street within the subdivision.
(e) Each lot shall abut upon an improved road of at least 20 feet in width, which shall be covered with at least four inches of stone or other approved surface and which shall have access to a public street or road. Road maintenance agreements shall be prepared whereby the road is maintained by a subdivision association or other suitable arrangement.
(f) Each subdivision shall be served by a sewer system approved by the County Health Department or the State Department of Environment, Health, and Natural Resources, Division of Environmental Management.
(g) Each lot shall be served by a public water system approved by the County Health Department or the State Department of Environment, Health, and Natural Resources, Division of Environmental Health, Public Water Supply Section.
(h) A central service building containing the necessary toilet and other plumbing and electrical fixtures shall be provided. It shall be located within or immediately adjacent to the subdivision. If the subdivision is divided by a state maintained road, a central service building shall be provided on each side of the road. The service buildings shall meet all state and county requirements. There shall be at least one shower, one lavatory, and one commode for each ten lots.
(i) A sanitary station shall be provided consisting of at least: a trapped four-inch sewer riser pipe connected to the subdivision sewer system surrounded at the inlet by a concrete apron sloped to the drain and provided with a suitable hinged cover and a water outlet to permit periodic washdown of the immediate adjacent area.
(j) Permanent or semipermanent structures or any vehicle designed as permanent living quarters shall not be allowed. These structures shall include but not be limited to porches, carports, awnings, or any other structure not intended to be temporary.
(k) Minimum lot and setback requirements:
1. Lot size. 1,500 square feet; and
2. Lot width. 30 feet.
(l) All central service buildings, swimming pools, water and sewer facilities and other services for the use of lot owners shall be maintained by a lot owners’ association.
(m) All common open space must be conveyed by the following method: by leasing or conveying title (including beneficial ownership) to a corporation, association, or other legal entity.
(n) The terms of such lease or other instrument of conveyance must include provisions suitable to the Planning Board to guarantee:
1. The continued use of such land for the intended purposes;
2. Continuity of proper maintenance for the portions of the open land requiring maintenance; and
3. When appropriate, the availability of funds required for such maintenance.
(o) Campground subdivisions shall reserve not less than 20% of gross acreage as open space. The open space should be proportionally distributed throughout the total residential area as nearly as possible.
(p) A minimum of 25% of the required open space shall be developed for recreational purposes and the recreation space may be located in one or more sites within the total subdivision. Recreation space may be natural or landscaped for the use of active or passive recreation.
(q) The developer shall file in the office of the Register of Deeds of the county legal documents which will produce the aforesaid guarantees and will provide a method for restricting the use of common space for the designated purposes prior to the sale of any lot or lots.
(r) All other appropriate standards, procedures, and requirements of these regulations shall pertain to campground subdivisions if they are not addressed in division (C)(11) below.
(11) All water lines and related appurtenances installed in subdivisions under the authority of these regulations shall be built to standards of the county, if connected to the County Water System. Plans shall be approved by the county and the State Department of Environment, Health, and Natural Resources, Division of Environmental Health.
(1996 Code, § 154.42) (Ord. passed 3-21-1994; Ord. passed 10-3-2011; Ord. passed 2-5-2024)