(A) If, based on an inventory and evaluation of the soil and water resources of the tract under consideration, the Planning Board determines that a portion of that tract is not suited for the use proposed, that area shall not be platted for that use unless 1) the subdivider has permanently remedied the conditions which made the land unsuitable or 2) all requirements of the chapter are met by each lot without including the unsuitable land in the land area calculation.
(B) Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Dare County Health Department, a structural engineer, and a soils expert determine that the land is suitable for the purpose proposed.
(C) Land which the Planning Board 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, Art. 13C shall not be subdivided unless adequate methods are utilized to correct the unsuitable conditions. Any land disturbing activity, as defined in G.S. § 113A-52, shall be accomplished in accordance with the requirements of G.S. Ch. 113A, Art. 4. Any required land preparation must be completed prior to submission of the final plat for approval.
(Am. Ord. 18-3, passed 6-14-21)