Each subdivision shall comply with the design standards of this chapter as minimums and shall contain the improvements specified which shall be installed and paid for by the subdivider. Land shall be dedicated or reserved as required.
(A) Reference points. Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with G.S. §§ 39-32.1 et seq. the following requirements:
(1) Subdivision corner tie. At least 1 corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker.
(2) Monuments.
(a) Within each block of a subdivision at least 2 monuments designed as control corners shall be installed.
(b) The surveyor shall employ additional monuments when necessary. Monuments shall be constructed of concrete with steel reinforcing rods running their entire length and shall be at least 4 inches in diameter or square and not less than 3 feet in length.
(c) Each monument shall have imbedded in its top or attached by a suitable means a metal plat of non-corrosive material and marked plainly with the point, the surveyor’s registration number and the words “monument” or “control corner.”
(d) A monument shall be set at least 6 inches exposed above the ground, unless this requirement is impractical because of vehicular traffic or other factors. Elevation above sea level shall be shown on the metal plat on at least 1 of the monuments.
(3) Stakes. Each lot shall be adequately staked to show the boundaries of the lot with stakes not less than 3 feet long and driven into the ground not less than 2 feet.
(B) General standards.
(1) Design and development. The design and development of subdivisions shall preserve the natural terrain, natural drainage, existing topsoil, trees and natural vegetation to the maximum extent possible.
(2) Floods. All subdivisions shall be designed to be consistent with the need to minimize flood damage.
(3) Utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(4) Environment. All lots, improvements, structures and utilities shall comply with the applicable areas of environmental concern (AEC) standards and any other rules promulgated pursuant to the Coastal Area Management Act of 1974, being G.S. §§ 113A-100 et seq.
(5) Blocks.
(a) The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of use contemplated; requirements of the Town of Duck Zoning Chapter; needs for vehicular and pedestrian circulation; control and safety of street traffic; limitations and opportunities of topography; and convenient access to water areas.
(b) Length shall not be greater than 1,400 nor less than 400 feet. Blocks shall have sufficient width to allow 2 tiers of lots of minimum depth except where single tier lots are required to separate residential development from through vehicular traffic or another type of use, in non-residential subdivision, or where abutting a water area.
(6) Non-residential lots. The size, shape and orientation of lots for other than residential purposes shall be with side lot lines as close to perpendicular (right angles) to the right-of-way or private street as possible.
(7) Residential lots. Residential lots shall comply with the following requirements.
(a) Lots shaped and filled. Any lot shaped or filled must be approved as to quality and content by the County Health Department.
(b) Orientation of lot lines. Side lot lines shall be substantially at right angles or radial to street lines.
(c) Minimum lot width. Lots should have a minimum width of not less than 75 feet measured at the front building setback line.
(8) Lot size.
(a) All lots in a new subdivision shall conform to the requirements of the Zoning Chapter for the district in which the subdivision is located.
(b) Conformance means, among other things, that the smallest lot in the subdivision must meet all dimensional requirements of the Chapter 156. It is not sufficient merely for the average lot to meet the requirements.
(c) No land area shall be omitted from a plat when to do so would have the effect of creating a residual parcel of inadequate lot size.
(9) Buffer strips. The Subdivision Administrator shall recommend the use of a buffer strip of 10 feet in width adjacent to NC 12 (Duck Road) and to commercial or industrial development which would be part of the platted lots but have the following restriction on the face of the plat:
“This strip reserved for the planting of trees or shrubs by the owner; the building of structures prohibited.”
(10) Electricity. Telephone, electric and cable television service within subdivisions shall be installed underground.
(C) Suitability of land.
(1) If, based on an inventory and evaluation of the soil and water resources of the tract under consideration, the Subdivision Administrator determines that a portion of that tract is not suited for the use proposed, that area shall not be platted for that unless:
(a) The subdivider has permanently remedied the condition which made the land unsuitable; or
(b) All the area requirements of this chapter are met by each lot without including the unsuitable land in the calculation.
(2) 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.
(3) Land which the Subdivision Administrator finds to be unsuited for development due to improper drainage, topography, soil characteristics, ground water elevation, susceptibility to flooding or failure to meet the criteria of G.S. Ch. 130 Article 13C shall not be subdivided, unless adequate methods are utilized to correct the unsuitable conditions.
(4) Any land disturbing activity, as defined in G.S. § 113A-52, shall be accomplished in accordance with the requirements of G.S. Ch. 113A Article 4. Any required land preparation must be completed prior to submission of the final plat for approval.
(D) Storm water drainage system. The subdivider shall provide a surface water drainage system constructed to the standards of the North Carolina Department of Transportation, subject to the approval of the preliminary plat by the Subdivision Administrator.
(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 course shall have side slopes of at least 3 feet or horizontal distance for each 1 foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the standards and specification for erosion control of the North Carolina Sedimentation Pollution Control Act.
(5) The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least 1 foot in each 200 feet of horizontal distance.
(6) Stream banks 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 North Carolina Sedimentation Pollution Control Act.
(7) Anyone constructing a dam or impoundment within the subdivision must comply with the North Carolina Dam Safety Law.
(8) In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(E) Subdivision name. The name of the subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the Town of Duck.
(F) Street/road names and signs. Streets and roads shall be named and those names shall be indicated on signs designed, constructed and placed in accordance with § 156.130 of the Town Code and existing policy of the Town of Duck.
(G) Solid waste collection.
(1) The Subdivision Administrator shall require, for each 25 lots, a site not exceeding 400 square feet, which is easily accessible by conventional containerized waste collection vehicles, containers for public or private solid waste collection.
(2) Each site shall be improved with pavement or other permanent material to ensure unimpeded ingress and egress by waste collection vehicles.
(H) Utility and other easements. Easements shall be provided as follows:
(1) Easements for underground or above ground utilities shall be provided where necessary, across lots or centered on rear or side lot lines and shall be at least 10 feet wide for water and sanitary sewer lines and as required by the utility companies involved, for telephone, gas and power lines;
(2) A crosswalk easement no less than 8 feet in width shall be provided when it is required by the Subdivision Administrator;
(3) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse, and the further width as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith;
(4) Where a subdivision is adjacent to the Atlantic Ocean, an easement for dune maintenance adjacent to the mean high water mark may be required, or other provisions as to dune maintenance shall be required by the Subdivision Administrator; and
(5) Lakes, ponds, creeks and similar areas within the town will be accepted for maintenance only if it is recommended by the Subdivision Administrator and approved by the Town Council.
(I) Water and sanitary sewer systems.
(1) Each lot in all subdivisions within the town’s jurisdiction shall be provided with an extension of the Dare County water system at the subdivider’s expense if in the judgment of Dare County there is adequate unused capacity in the system to serve the subdivision.
(2) All lots in subdivisions not connected to municipal or county water and/or sanitary sewer systems must have a suitable source of water supply and sanitary sewage disposal, which complies with the regulations of the Dare County Health Department and with the applicable laws of North Carolina.
(J) Streets.
(1) Public streets.
(a) Except as provided in division (J)(2) below, all subdivision lots shall abut a public street.
(b) All public streets shall be built to the standards of this chapter and all other applicable standards of the town and the State of North Carolina.
(c) 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 and shall be put on the system.
(d) 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 built in accordance with the standards necessary to be put on the state highway system so as to be eligible to be put on the system at a later date.
(e) An executed maintenance agreement with provisions for maintenance of the street until it is put on the state highway system shall be included with the final plat.
(2) Private streets.
(a) The Town Council may permit subdivision lots to abut private streets only on the recommendation of the Subdivision Administrator following a determination by the Subdivision Administrator in which the Town Council concurs that the protection of environmental and/or aesthetic values would be best served by a street and/or right-of-way which is narrower than required by the North Carolina Department of Transportation with the exception of the width, grading and clearance of the right-of-way and the width of the pavement required which may be modified when doing so and only to the extent that doing so will clearly protect environmental and/or aesthetic values and will not endanger or diminish the public health, safety and welfare as determined by the Town Council.
(b) The subdivider shall submit, as a part of the preliminary plat, the signed statement of a licensed professional engineer stating that the proposed streets as designed will meet all of the requirements with stated detailed exceptions.
(c) 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, the reports of which are to be submitted and approved as part of the preliminary plat.
(d) 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.
(e) The ownership of the streets shall be conveyed to a home or lot owners’ association or similar organization.
(f) The subdivider must submit evidence that the ultimate owner of the streets will be institutionally and fiscally capable of maintaining the streets and rights-of-way to the specified standards in perpetuity.
(g) The subdivider must agree to maintain the streets until the owner organization is fully functional and must agree to contribute to that organization its share of the maintenance for all lots retained by the subdivider or successor.
(h) The final plat, the uniform covenants and each deed conveying lots in the subdivision shall plainly indicate that the streets are privately owned and their maintenance is the responsibility of the owner’s organization in perpetuity.
(3) Subdivision street disclosure statement.
(a) All streets shown on the final plat shall be designated in accordance with North Carolina state law and designation as public shall be conclusively presumed an offer of dedication to the public.
(b) Where streets are dedicated to the public but not accepted into the state highway system, before lots are sold, a statement explaining the status of the street shall be included with the final plat.
(4) Conformity of proposed streets to existing maps or plans. The location and width of all proposed streets shall be in conformity with official plans or maps of the town and with existing or amended plans of the Subdivision Administrator.
(5) Continuation of existing streets. The proposed street layout shall be coordinated with the existing road system of the surrounding area and where possible, existing principal streets shall be extended.
(6) Access to adjacent properties. It is desirable to provide access to an adjoining property in order to increase services provision, reduce traffic congestion, and provide network connectivity of streets and travel ways. As such, proposed streets shall be extended by dedication to the boundary of the property, and a temporary turnaround shall be provided until such time as a connection can be made.
(7) Large tracts or parcels. Where land is subdivided into larger parcels than ordinary building lots, the parcels shall be arranged so as to allow for the opening of future roads and logical further subdivision in accordance with the established block length standards.
(8) Non-residential streets. The subdivider of a non-residential subdivision must provide streets in accordance with the appropriate North Carolina Department of Transportation Standards and the standards in this chapter, whichever are stricter in regard to each particular item.
(9) Design standards.
(a) The design of all streets and roads within the jurisdiction of this chapter shall be in accordance with the accepted policies of the North Carolina Department of Transportation Division of Highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals.
(b) The North Carolina Department of Transportation, Division of Highways Subdivision Roads Minimum Construction Standards, current edition, shall apply for any items not included in this chapter, or where stricter than this chapter.
(Ord. passed 8-7-2002; Am. Ord. 17-04, passed 6-7-2017; Am. Ord. 21-02, passed 6-2-2021)