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(A) General. Land shall be subdivided in accordance with good land planning practices, including adequate consideration of the natural topography and drainage features and the type of development proposed.
(B) Compliance with official plans and ordinances. Land shall be subdivided in compliance with Chapter 156 of this code of ordinances and other pertinent official development plans and ordinances.
(C) Road frontage. All lots in a subdivision must front on a public paved road. There shall be no reserve strips controlling access to streets, except where cause can be shown that the control would best serve the purpose of this chapter.
(D) Streets and roads.
(1) Road design standards. The design of all public streets and roads within the town's authority shall conform to the minimum standards set forth in the most recent edition of Minimum Construction Standards for Subdivision Road, as published by the State Department of Transportation, Division of Highways.
(2) Disclosure statement. Disclosure and approval by the Division of Highways shall comply with G.S. § 136-102.6.
(3) Street names. All streets shall be named and signs conforming to municipal standards, or county standards in the extraterritorial planning area, shall be posted at intersections showing the name of every street. New streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets.
(4) Subdivision names. All subdivision requiring the development of new public roads must be named. A sign clearly indicating the name of the subdivision shall be posted at each entrance to the subdivision.
(5) Access to adjoining property. Means of ingress and egress for adjoining properties within the subdivision shall be provided.
(6) Cul-de-sacs. Cul-de-sacs or other dead end street designed to be permanently closed shall be provided at the closed end with sufficient right-of-way for vehicular turnarounds. Circular rights-of-way at the closed end shall have a minimum radius of 50 feet and the surfacing shall have a minimum radius of 35 feet.
(E) Blocks. Blocks shall be laid out with due consideration given to traffic circulation patterns and contemplated use.
(1) Length. Blocks shall be not less than 400, nor more than 1,600, feet in length, except as considered necessary to secure efficient use of land or desired features of street pattern by the Planning Board.
(2) Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth (reference Table of Area and Yard Requirements, Chapter 156 of this code), except where fronting on major streets or prevented by topographic conditions, in which case a single tier of lots may be approved.
(F) Lots. Lots shall be designed in shape, size and location with due regard to topographic conditions, features of the surrounding area, contemplated use and official plans and ordinances.
(1) Marginal land. Land subject to flooding, land with slopes greater than 25% and land uninhabitable for other reasons shall not be considered platted for occupancy and shall not be considered in determining the minimum lot area.
(2) Frontage on a public street. Every lot shall front or abut on a public street.
(3) Double and reverse frontage. Double frontage and reverse frontage lots shall be avoided, except where required in unusual circumstances specifically approved by the Planning Board.
(4) Side lot lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.
(5) Area and dimensions of lots. All lots shall conform to the minimal dimensional requirements for each zoning district as prescribed in Chapter 156 of this code. However, the Appalachian Regional Health Department may require a larger lot to accommodate a septic tank system.
(G) Water and sewer facilities serving lots.
(1) Inside corporate limits. All new subdivisions within the town shall connect to the municipal water and sewer systems, when feasible.
(2) Extraterritorial planning jurisdiction. Each subdivision in the extraterritorial area of the town may be connected, at the subdivider's expense, to the municipal water and sanitary sewer if approved by the town. All lots in subdivisions not connected to the town's water and/or sanitary sewer systems shall have a suitable source of water supply and sanitary sewage disposal.
(3) Compliance with health and environmental laws. Water supply and sewage facilities shall comply with applicable state and county health and environmental laws and regulations. (See § 154.23 for water and waste disposal approval requirements.)
(4) Verification of an approved system to Planning Board, municipal systems/sanitary districts. If the systems are connected to the facilities owned and operated by the town or any sanitary facility, not constructed by the municipality, the preliminary plan shall be accompanied by a letter of approval from the proper official representing the owner of the existing system. After preliminary approval, but prior to the installation of a public water or sewer system, the developer shall present the Planning Board plans for the proposed system, prepared by a registered engineer and approved by the proper officials representing the existing system, the State Department of Health, Division of Health Services, and/or the State Department of Environment, Health and Natural Resources, Division of Environmental Management.
(5) Community water/sewer systems. Where community water/sewer systems are proposed, the preliminary plat shall be accompanied by a letter of approval from the State Department of Environment, Health and Natural Resources, the State Department of Health, Division of Health Services, or the Appalachian District Health Department, whichever is applicable. The developer shall note the type of system to be utilized on the preliminary and final plat.
(6) Individual wells/septic systems. Where public water and sewer facilities are not available and individual water supplies or individual sewage disposal systems are planned, the subdivider, at his or her own expense, shall have the site investigated by the Appalachian District Health Department to determine whether or not the individual facilities are feasible. Proof shall be presented to the Planning Board that the water or sewage disposal systems has been approved by the Appalachian District Health Department for individual water supplies and/or sewage disposal systems. The Health Department shall approve the general acceptability of the subdivision for septic tank systems. As each lot is developed, the Sanitarian shall approve the septic tank system for that property owner.
(H) Easements.
(1) Utility easement. Easements for underground or above ground utilities shall be provided across lots where necessary and shall be centered on rear or side lot lines where practicable and shall be at least ten feet in width.
(2) Drainage easement. Where a subdivision is traversed by a stream or drainage way, an easement shall be provided conforming with the lines of the stream and of sufficient width as will be adequate for the purpose as determined by the best available floodplain maps.
(I) Recreation areas and sites for public facilities. Where a school site is shown on a publicly approved plan, which plan shall have been recorded with the Register of Deeds, and requested by the local Board of Education, the site shall either be dedicated for the public purposes at the option of the property owner or reserved for acquisition by the appropriate public body for a period not exceeding 18 months from the date of approval of the preliminary subdivision plan.
(J) Storm water drainage. As part of the preliminary plat, the subdivider shall present a storm water drainage plan for his or her proposed subdivision to the Planning Board for its review and approval. This plan shall incorporate the following basic design elements.
(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 as well as other development downstream from project.
(4) Surface drainage courses shall have side slopes of at least two feet of horizontal distance for each one foot of vertical distance and courses shall be of sufficient size to accommodate the drainage area without flooding.
(5) The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least one foot in each 300 feet of horizontal distance.
(K) Buffer strips; streams.
(1) A subdivision including within its boundaries a perennial stream shall provide for a 50-foot buffer of vegetation on both sides of the stream to retard rapid water runoff and soil erosion. Perennial streams are identified as the solid blue lines on U.S. Geological Survey Maps.
(2) Streets, roadway, railroads and driveways are permitted in the stream buffer, but shall be constructed to cross the buffer as near to perpendicular as possible. Utility lines, greenways and greenway type recreation facilities are permitted within the buffer, but shall be designed to have minimal impact. If the vegetative cover must be removed or disturbed, it shall be restored as soon as possible.
(3) The 50-foot buffer shall be measured on a horizontal plane from the bank of the stream. The buffer zone may be included in calculating the lot size.
(Ord. passed 1-2-1990)
(A) Installation of improvements. No subdivision plats shall be granted final approval until the required improvements have been made in accordance with the provisions of this chapter.
(B) Guarantee of improvements. Grading and base construction for streets must be installed prior to submission of the plat for final approval. Where other required improvements have not been completed, the approval of the plat shall be subject to the subdivider guaranteeing the installation of the improvements in one of the following methods:
(1) Personal notes of owners upon proof of satisfactory net worth;
(2) Savings account with any properly insured financial institution;
(3) Cash or certified check;
(4) Performance of surety bond executed by a company duly licensed to do business in the state; or
(5) Presentation of a feasibility study indicating the method of financing the subdivision.
(C) Submission requirements. Data demonstrating compliance with the improvement requirements must be prepared and submitted along with the final plat for the meeting of the Planning Board at which final approval is sought. Six copies of the final plat and all plans, profiles, specifications and other required information shall be required. Specifications for final plats are listed in § 154.21.
(D) Required improvements. The following improvement requirements shall be fulfilled or guaranteed before a final plat shall be approved by the Planning Board for recording:
(1) Public streets. Streets and all associated improvements, to include storm drains, grading, base and paving, shall be constructed by the subdivider in accordance with the specifications and standards of the State Department of Transportation, Division of Highways, and shall be approved by the District Highway Engineer.
(2) Permanent reference points. Prior to filing the final plat, permanent reference points shall have been placed in accordance with 21 N.C.A.C. 56, §§ 1601 et seq., which provide regulations for surveyors for the mapping of subdivisions.
(3) Utilities.
(a) Water mains and sanitary sewers shall be installed by the subdivider. If the installation is made, the subdivider shall comply with all rules and regulations prescribed by the State Department of Human Resources, the State Department of Environment, Health and Natural Resources, and the Appalachian Health Regional Office; and with all regulations and construction specifications of any municipality to whose utility system the water mains and/or sanitary sewers may eventually be connected.
(b) Electrical utilities and communication lines shall be installed with arrangements made by the subdivider with the utility company or cooperative authorized to serve the area of the subdivision. Installation shall be in keeping with the latest accepted design standards and procedures along lot lines. Utilities which encroach upon the state highway system shall require an encroachment contract executed by the person or firm responsible for maintenance.
(4) Water supply and sewage disposal on individual lots. The size, location, soil conditions and drainage of all lots in the subdivision shall be approved by the Appalachian Regional Health Office relative to individual water supply and sewage disposal systems. Water supply and waste treatment approval requirements are noted in § 154.23.
(5) Erosion control.
(a) The subdivider shall mulch, seed, sod or otherwise protect all grading, excavations, open cuts, side slopes and other land surface disturbances.
(b) It is also the subdivider's responsibility to comply with the State Sedimentation and Pollution Control Act being G.S. §§ 113A-50 et seq. The Planning Board Chairperson will advise the developer to contact the State Department of Health, Environment and Natural Resources Development, Land Quality Section, which agency provides technical assistance and enforcement of the Sedimentation and Pollution Control Act.
(6) Removal of rubbish. The subdivider shall remove or bury (provided it is not buried within 100 feet of a house site on the same lot) all cut or fallen trees, stumps or rubbish from the subdivision.
(Ord. passed 1-2-1990)
SPECIFICATIONS
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