§ 153.398  OTHER REQUIREMENTS.
   (A)   Placement of monuments.  The Standards of Practice for Land Surveying as adopted by the State Board of Registration for Professional Engineers and Land Surveyors, under the provisions of Title 21 of the North Carolina Administrative Code, Chapter 56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers and property corner ties; to determine the location, design and material of markers, control corners and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.
   (B)   Construction procedures.
      (1)   No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and the appropriate authorities have approved all plans and specifications.
      (2)   No building, zoning or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of these regulations until all the requirements of these regulations have been met. The subdivider, prior to commencing any work on any public improvements within the subdivision, shall make arrangements with the Administrator to provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of any sureties.
   (C)   Oversized improvements.  The City Council may require installation of certain oversized utilities or the extension of utilities to adjacent property(ies) when it is in the interest of future development. Thus, irrespective of all other regulations contained in these regulations, any plat that calls for the installation of oversized utilities may only be approved by the City Council. If the City Council requires the installation of improvements in excess of the standards required in these regulations, including all standards adopted by reference, the city shall bear the cost differential between the oversized improvement required and the standards which would otherwise apply to the proposed subdivision. In this manner, the subdivider shall not bear the costs of providing oversized improvements required by the city.
   (D)   Dedication of land for and/or fees in lieu of park, recreation and open space purposes.
      (1)   Dedication of land.
         (a)   General provisions.  Every subdivider, except a major subdivision developed completely within a public golf course, who proposes a major subdivision of land for residential purposes shall dedicate a portion of land or pay a fee in lieu thereof, in accordance with this section, for public park, greenway, recreation and open space sites to serve the recreational needs of the residents of the subdivision or development.
         (b)   Amount of land to be dedicated.
            1.   At least one-thirty-fifth of an acre shall be dedicated for each dwelling unit planned or proposed in the subdivision plat or development.
            2.   The minimum amount of land that shall be dedicated for a public park, recreation or open space site shall be no less than two acres in size. When the area to be provided is less than two acres, the subdivider shall be required to make payment in lieu of the dedication to be used for the acquisition or development of recreation, park or open space sites which would serve the needs of the residents of the subdivision.
         (c)   Nature of land to be dedicated.  Except as otherwise required by the City Council at the time of preliminary plat approval, all dedications of land shall meet the following criteria.
            1.   Unity.  The dedicated land shall form a single parcel of land, except where the City Council determines that two or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In these cases, the City Council may require that the parcels be connected by a dedicated strip of land at least 30 feet in width.
            2.   Usability.  Two-thirds of the dedicated land shall be useable for active recreation. Furthermore, lakes and other bodies of water may not be included in computing any of the dedicated land area.
            3.   Shape.  The shape of the portion of dedicated land that is deemed suitable for active recreation shall be sufficiently square or round to be usable for any or all recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate the facilities. Land dedicated only for greenways need not follow the requirements of this division.
            4.   Location.  The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision.
            5.   Access.  Public access to the dedicated land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least 30 feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where the dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment. Public access or dedicated walkways to greenway dedications only shall be at least 20-feet wide.
            6.   Topography.  The average slope of the portion of dedicated land deemed usable for active recreation shall not exceed the average slope of the entire subdivision to be developed. In no case shall a slope on the usable portion of dedicated land exceed 15%.
            7.   Landscaping.  Dedicated parks, recreation and open space areas shall have a sufficient natural or manmade buffer or screen to minimize any negative impacts on adjacent residents.
      (2)   Payments of fees in lieu of land dedication.
         (a)   General.  The payment of fees, in lieu of the dedication of land under division (D)(1) above, may occur at the request of the subdivider or developer. However, the decision to require the dedication of land for recreational purposes or a payment of a fee in lieu, shall be made by the City Council after having received a recommendation from the Planning Board and having evaluated the proposed dedication and the relationship the dedication would have with the city’s overall recreational needs.
         (b)   Time of payment.  The fees in lieu of dedication shall be paid prior to final plat approval by the City Council.
         (c)   Amount of payment.
            1.   The amount of the payment shall be the product of:
               a.   The number of acres to be dedicated, as required above; and
               b.   The assessed value for property tax purposed of the land being subdivided, adjusted to reflect its current fair market value at the time the payment is due to be paid.
            2.   Procedures for determining the amount is as follows:
               a.   An appraisal of the land in the development shall be performed by a professional land appraiser selected by the developer from an approved list maintained by the City Council. The appraisal shall not be done prior to submission of the preliminary plat. The cost of the appraisal shall be borne by the developer.
               b.   Professional land appraiser refers to a land appraiser who, in the opinion of the City Council, has the expertise and/or certification to perform an adequate appraisal.
      (3)   Procedures.
         (a)   At the time of filing a preliminary plat, the subdivider shall designate thereon the area or areas to be dedicated. If the subdivider desires to make a payment in lieu of the dedication of land, a letter to that effect shall be submitted with the preliminary plat. The City Council reserves the right to refuse to accept dedication of parcels for public park, recreation or open space.
         (b)   Where a dedication of land is required, the dedication shall be shown on the final plat when submitted, and the plat shall be accompanied by an executed general warranty deed conveying the dedicated land to the city. Where a payment in lieu of dedication is approved by the City Council, the payment will be made before the final plat is signed and recorded.
         (c)   The city encourages neighborhood or homeowner associations or management to construct, operate and maintain private parks and recreation. The construction, operation or maintenance of private facilities shall not, however, diminish or eliminate the responsibility and obligations of the subdivider under this section.
         (d)   Greenways may be credited against the requirements of this section provided that the greenways are part of the city’s greenway plan and dedicated to public use.
(Prior UDO, § 17.28)  Penalty, see § 153.999