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Johnston County Overview
Johnston County, NC Code of Ordinances
COUNTY OF JOHNSTON, NORTH CAROLINA CODE OF ORDINANCES
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION [1]
Chapter 3 - AGRICULTURE
Chapter 4 - ANIMALS [3]
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS
Chapter 6 - BUSINESSES [4]
Chapter 7 - RESERVED
Chapter 8 - CIVIL EMERGENCIES [6]
Chapter 9 - RESERVED
Chapter 10 EMERGENCY MEDICAL SERVICES*
Chapter 11 - RESERVED
Chapter 12 - ENVIRONMENT [8]
Chapter 13 - RESERVED
Chapter 14 - LAND DEVELOPMENT CODE*
Chapter 15 - RESERVED
Chapter 16 - OFFENSES AND MISCELLANEOUS PROVISIONS
Chapter 17 - RESERVED
Chapter 18 - ROADS AND OTHER PUBLIC PLACES [18]
Chapter 19 - RESERVED
Chapter 20 - SOLID WASTE [20]
Chapter 21 - RESERVED
Chapter 22 - TELECOMMUNICATIONS [23]
Chapter 23 - RESERVED
Chapter 24 - UTILITIES [25]
Appendix A - RESERVED [30]
APPENDIX B - RESERVED [31]
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
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Sec. 14-221. - Intent.
   Subdivisions should be designed with a street network which provides safe, adequate access to all lots within the subdivision. Extension of a public access to an adjoining property should be considered in the subdivision design where a compelling public need is deemed necessary for orderly development of these adjoining properties. However, the design of the local street network in a subdivision should not encourage large amounts of through traffic, the origins and destination of which are external to the subdivision, to use local roads in the subdivision. Due consideration should be given to preserving important natural features, such as trees, ponds, streams, lakes, as well as historical sites which are of value to the county as a whole.
(Ord. of 7-10-2000, § 5.10.1)
Sec. 14-222. - Applicability of lot design standards.
   Each lot in a subdivision shall comply with the lot design standards contained in this division. Newly created or revised lots shall be designed so that any existing structures continue to meet the requirements of this division or so that any existing nonconformity is not increased, enlarged, or extended. The standards of this section, however, do not apply to recreation areas, lots within approved planned unit developments, townhouse lots or lots created as part of a minor subdivision.
(Ord. of 7-10-2000, § 5.10.2; Amend. of 6-1-2009(2))
Sec. 14-223. - Lot size standards.
   Lots laid out for commercial or industrial purposes shall be of a size that is adequate to provide for the structure to be located on the site; off-street parking facilities required by the type and use of the development; and any required landscape buffer or screening areas. Lots for residential use shall comply with the provisions of this division.
(Ord. of 7-10-2000, § 5.10.3)
Sec. 14-224. - Lot arrangement.
   The arrangement of lots in a subdivision shall comply with the provisions of this division and the regulations of the county health department, and shall provide vehicular access to buildings on the lot from an approved street.
(Ord. of 7-10-2000, § 5.10.4)
Sec. 14-225. - Flag lots.
   (a)   Flag lots and easement access lots shall be permitted only if it can be demonstrated by the applicant that the subdivision cannot be physically designed and that no reasonable alternative exists. The basis for a reasonable alternative shall include the following:
   (1)   Topographic constraints or irregularly shaped land in which no alternative exists;
   (2)   Natural features such as ponds, streams, wetlands, or buffers exist which would limit street construction and/or lot design;
   (3)   A long narrow parent parcel which would limit alternative designs;
   (4)   A parent parcel that has limited or no direct road frontage which would require the use of a flagpole or easement with no alternative design available;
   (5)   No alternative access is available or feasible such as a paved subdivision street or cul-de-sac street constructed to NCDOT standards.
   (b)   It is the responsibility of the applicant to present evidence to the planning board that one or more of the hardships listed in subsection (a) exist.
   (c)   Any decision of the waiver described in subsection (a) may be appealed to the Johnston County Board of Adjustment as described in section 14-592 of the land development code.
   (d)   All flag lots or easement access lots within a major subdivision shall meet the following requirements:
   (1)   A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures;
   (2)   The minimum flagpole width shall be 30 feet;
   (3)   The minimum separation between the flagpole portion of the lot and that of another flag lot shall be 100 feet;
   (4)   Where public water is available, the occupied building on the flag lot shall be within 500 feet of a fire hydrant. This distance shall be measured along the street, then along the flagpole, then in a straight line to the building thereon;
   (5)   Where public sewer is available, the occupied building on the lot shall have a gravity service line, or the sewer pump requirements shall be noted on the recorded plat;
   (6)   Use of a single driveway to serve the flag lot and an adjoining lot is permitted and encouraged. In the case of a shared driveway, the location of the driveway shall be on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole; and
   (7)   Designate the building footprint and orientation of the house on the preliminary plat.
   (e)   The flagpole portion of a lot shall not be used to calculate the area, width, or setbacks of the lot for the zoning district in which the lot is located.
(Ord. of 7-10-2000, § 5.10.4.1; Amend. of 12-12-2005(2); Amend. of 6-1-2009(2); Amend. of - - )
Sec. 14-226. - Access and circulation.
   The type and arrangement of streets within a development under this article shall be in compliance with and coordinate with the county's thoroughfare plan. Principal vehicular access points to the subdivision shall be designed to encourage smooth traffic flow and minimize hazard to vehicular traffic, pedestrian and bicycle traffic. Accommodation for controlled turning movements into and out of the subdivision and improvement of the approach street should be considered where existing or anticipated heavy traffic flows indicate need. Safe and convenient vehicular access shall be provided for emergency, service and school bus vehicles.
   (a)   Roads. The arrangement, character, extent, width, grade, and location of all roads should be designed in relation to existing and proposed transportation patterns, topographical and other natural features, public convenience and safety, and proposed uses of lands to be served by such roads and existing and potential land uses in adjoining areas. Private roads not within a minor subdivision or planned unit development shall:
   (1)   Be limited to a nonthrough road;
   (2)   Be paved;
   (3)   Meet the road construction standards for a private road as set out in the county design manual; and
   (4)   Be ensured proper maintenance through the establishment of a homeowners' association or a road maintenance agreement.
   All public roads shall meet the design and construction standards as specified in the county design manual.
   (b)   Relationship to adjoining properties. New streets or roads shall be appropriately related to, and coordinated with, adjoining properties and existing and proposed roadways. Roadways within a proposed subdivision may connect with adjoining properties where necessary to permit the convenient, efficient and safe movement of traffic. All roads that extend to adjacent properties shall be designated as public roads.
   (c)   Access to streets. Every subdivided lot shall front on, or have direct driveway access or dedicated easement to, a public or private street meeting the standards of the county design manual.
   (d)   Direct residential driveway connections. Subdivisions located on an arterial or collector road shall be so designed so that no new subdivided lot shall have a direct driveway connection onto an arterial or collector road, unless it can be demonstrated that the proposed subdivision cannot be feasibly designed, or that no reasonable alternative exists, to prohibit driveway access onto an arterial or collector street.
   Major subdivisions to be located on a local road shall be so designed that there shall be no more than one direct residential driveway connection per 500 feet along the same side of the local road, unless it can be demonstrated that the proposed subdivision cannot be physically designed, that no reasonable alternative exists, or it would create an unreasonable hardship without a corresponding public benefit to prohibit individual driveway access onto a local road.
   (e)   Subdivision access. A second full-service access built to county standards for the purpose of ingress and egress or emergency access easement will be required when meeting or exceeding the following thresholds:
   For subdivisions proposing between 100 and 200 lots, the developer has the option of providing a second full-service access built to county standards for the purpose of ingress and egress or a dedicated "emergency vehicle access." This "emergency vehicle access" is to be constructed of any all-weather surface and kept cleared at all times in case the main entrance is blocked and emergency vehicles need to access the development.
   For subdivisions proposing 201 lots or more, a second full-service access built to county standards for the purpose of ingress and egress will be required. In lieu of installation of a second full service access, a dedicated emergency vehicle access must be approved by the Planning Board and constructed as described above with a full service access approved by the Planning Board planned within the subdivision proposal for future development.
   Note: For determining when a second access is required, the count will be cumulative.
   (f)   Subdivision road standards. 
   (1)   Land use permits will be issued until 75 percent of the lots have been permitted. Once this threshold has been met, no more land use permits will be issued for lots within the subdivision until the North Carolina Department of Transportation District Engineer has accepted the subject road into the state maintained road network.
   (2)   The developer shall be responsible for ensuring that all dedicated public subdivision streets are successfully accepted by NC DOT for maintenance. The developer shall be responsible for maintenance of all streets and protection of rights-of-way until such streets are accepted into the state road system.
   (3)   Where streets are dedicated to the public but not accepted into the state system at the time the plat is recorded, a statement explaining the status of the street shall be included on the final plat. Said statements shall explain that the developer is ultimately responsible for the upkeep and maintenance of all streets until such time that the streets are included in the state system.
   (4)   In lieu of the discontinuation of permits, the developer may provide a maintenance guarantee where roads have not been accepted by or conveyed to NCDOT. The amount of the maintenance guarantee shall be equal to 15% of the total estimated cost of street construction and stabilization of shoulders and drainage swales. The estimated cost shall be based on a certified engineer's or licensed contractor's estimate, provided such engineer or contractor is independent of the developer.
   (g)   Stubout streets. All stubout streets shall be posted with a sign at least 24 inches X 36 inches in area but no greater than 36 inches X 48 inches with a minimum height of three feet and a maximum height of five feet stating the following: Road subject to future extension for additional lots.
   (h)   Sidewalks. Sidewalks shall be provided where necessary to provide efficient pedestrian access to school site and commercial centers.
(Ord. of 7-10-2000, § 5.10.5; Ord. of 7-9-2001; Ord. of 11-12-2001, § 5.10.5; Amend. of 5-12-2003(2); Amend. of 7-7-2003; Amend. of 11-8-2004; Amend. of 5-5-2008(2); Amend. of 10-6-2008(2); Amend. of 6-1-2009(2); Amend. of 1-6-2014; Amend. of 2-3-2014)
Sec. 14-227. - Lot dimensions.
   Every subdivided lot shall comply with the minimum lot size, lot width, and street frontage standard as stipulated in this chapter, as well as other standards of the county health department for lots not served by a public water and/or sanitary sewer system.
(Ord. of 7-10-2000, § 5.10.6)
Sec. 14-228. - Reverse frontage residential lots.
   For residential developments designed to have the dwelling units face an internal subdivision street and the rear of the dwelling units partially or completely face the main road, the following "may" be required:
   (a)   Landscape area "A" with the use of an eight-foot landscape berm, decorative wall, or opaque fence; excluding a wooden fence;
   (b)   Landscape area "B" with the use of only plant material;
   (c)   The natural existing vegetation may be used if the density meets or exceeds the landscape area "B" requirements and remains undisturbed.
(Ord. of 7-10-2000, § 5.10.7; Amend. of 10-6-2008(3); Amend. of 6-1-2009(2))
Sec. 14-229. - Public water and sewer systems.
   Subdivisions that incorporate a public water distributions system and/or a public sewage collection system, shall require that all future homeowners connect to the public water and/or sewer system prior to the issuance of a certificate of occupancy for their principal structure. All subdivisions incorporating a public water distribution system and/or a public sewage collection system, shall comply with the standards of the county design manual and/or the public utilities manual.
(Ord. of 7-10-2000, § 5.10.8)
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