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(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 - - )
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)
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)
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))
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)
(a) Format. The requirements of this section apply to the format of drawings.
(b) Preliminary plat. The preliminary plat shall be drawn to a scale between 1:100 and 1:20.(Under special circumstances, with the planning director's approval, a preliminary plat can be drawn to a scale which can clearly and accurately display the necessary information for review.) The plat shall show the following:
(1) Title data. Name of the subdivision, the names and addresses of the owner or owners, name of designer of the plat, scale, date, approximate north point, and in large letters the words, "PRELIMINARY PLAT."
(2) Existing data. Property lines, street lines and names, principal buildings, existing utility lines, watercourses, bridges, public easements, names of adjacent subdivisions and/or property owners, distance to nearest street intersection, corporate limit and/or planning district lines; and an inset sketch map showing the subdivision's location in relation to the county and general area.
(3) Data relating to subdivision. Names, locations and other dimensions and/or metes and bounds of proposed streets, lots, easements, building lines, and recreational/open space areas if appropriate. A statement describing the water supply and sanitary sewage disposal facilities proposed to be installed in the subdivision.
(4) Floodway data. The boundaries of both the floodway and floodplain, shown on maps entitled flood hazard boundary map, shall be shown clearly.
(c) Final plat. The final plat shall be drawn in black ink on mylar to a suitable scale to assure legibility. It shall show the following:
(1) Title and documentation data. Name of subdivision, the township, the name of the licensed engineer or surveyor under whose supervision the plat was prepared; the date of the plat; the scale and north point; and all endorsements and certifications provided for in section 14-231.
(2) Data relating to the subdivision. Lines and names of streets; lines of all lots, easements, areas devoted to common use, with notes stating clearly their proposed use, any limitations and the person or entity responsible for continued maintenance; corporate and/or other boundaries; building lines; metes and bounds survey information sufficient to determine readily on the ground the location of every street, lot line, boundary line, block line, easement line, and building line; the radius central angle, and tangent distance for both street lines of curved streets, the locations and types of all permanent monuments; the names of subdivisions and streets adjoining the platted subdivision; and designation of all streets within the subdivision as public or private.
(3) State statute. All data shown on the final plat shall be consistent with the provisions set out in G.S. 47-30.
(4) Easements. All easements and their function shall be shown on the final plat.
(5) Floodway data. The boundaries of both the floodway and 100-year floodplain zone, as shown on the map entitled "Flood Boundary and Floodway Map," shall be shown. The FRIM panel and its adoption date shall be shown.
(6) Future streets. All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the plat, by the words "Reserved for Future Public Access."
(Ord. of 7-10-2000, § 5.11; Amend. of 6-1-2009(2))
The following certificates and endorsements, where applicable, must be shown on all final plats of subdivisions:
(1) Certificate of survey and accuracy.
(2) Certificate of floodway information.
(3) Certificate of ownership, dedication and maintenance.
(4) Notice to homeowners to connect to public utility system.
(5) Certificate of public utilities, with the exception of minor subdivision.
(6) Certification of approval of water supply and sewage disposal system.
(7) Certificate of department of transportation.
(8) Road maintenance statement of understanding.
(9) Planning director's certification.
(10) Review officer's certification.
(11) Register of deed certification.
(12) Additional certifications, statements, or notations necessary.
(Ord. of 7-10-2000, § 5.12.1; Amend. of 8-11-2003; Amend. of 6-1-2009(2))
When approved by the planning director, one original mylar copy of a recorded plat under this article shall be filed with the register of deeds; one blue line copy shall be on file in the county planning department, and one blue line copy shall be on file with the county department of environmental health.
(Ord. of 7-10-2000, § 5.12.2.1)
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