Alley: A strip of land owned publicly or privately, set aside primarily for vehicular service access to the rear or side of property otherwise fronting on a street of a higher classification.
Appeal: A request for review of any decision which enforces or interprets this ordinance. Such appeal shall be heard by board of adjustment in accordance with the statutory quasijudicial procedures provided in G.S. 160D-405 and G.S. 160D-406.
Applicant: An owner or developer of a site who executes the forms required for obtaining approvals on permits pursuant to this ordinance.
Authorized registered professional: A professional engineer, registered land surveyor, landscape architect or other professional registered, licensed or certified pursuant to the NC General Statues and authorized by law to prepare the plans and specifications and provide the certifications required by the various provisions of this ordinance.
Block: A parcel of land which is bounded by streets, highways and/or railroad rights-of-way, parks or open space, undeveloped land, watercourses or bodies of water, channels or combination thereof.
Building: See structure.
Building inspector: The Town of Surf City Inspector or designee.
CAMA: (Coastal Area Management Act) refers to the North Carolina State Law that was first enacted in 1974 and any of its subsequent amendments.
Clearcutting: large scale, indiscriminate removal of trees, shrubs, and undergrowth with the intention of preparing real property for non agricultural purposes.
Clearing: Any activity which removes vegetative ground cover.
Code enforcement officer: The town appointed official responsible for the enforcement of the town codes to ensure compliance with the provisions of this code and any other assigned codes or local laws.
Contiguous property: All parcels or tracts of land which continuously abut or adjoin each other.
Corner lot: A lot abutting upon two (2) or more streets at their intersection.
Coverage: An area determined in square footage.
Curb: A structural element at the edge of an existing or proposed street or other way, generally at a higher elevation than the adjacent edge of roadway, installed to deter vehicles and water from leaving the roadway, to otherwise control drainage to delineate the edge of existing or future roadways or driveways, to present a more finished appearance to the street, to assist in the orderly development of the roadside and to contribute to the stability and structural integrity of the pavement.
Developer: A person undertaking any or all of the activities of a development as defined by this ordinance.
Double frontage lot: a continuous (through) lot accessible from both streets upon which it fronts. Corner lots fronting on three streets are included.
Driveway, private: The area outside a street intended to serve as ingress and/or egress for vehicular traffic between the street property line and an off-street parking area outside the street.
Driveway, public: The area between the roadbed of a public street and other property, designed for, or installed, serving as ingress and/or egress for vehicular traffic between such roadbeds or traveled portion of the street and an off-street parking area or private driveway.
Easements: A grant by the property owner for use by the public, corporation, or person(s), of a strip of land for specified purposes and times.
Erosion and sediment control measures: A system of structural and vegetative measures that minimize soil erosion and off-site sedimentation. The term, where appropriate, shall include stormwater management measures.
Erosion: The process by which the ground surface is worn by the action of wind, water, or gravity.
Essential site improvements: Any construction or reconstruction of the site development features required by any local, state, or federal regulations, ordinances or laws, such as underground drainage, off street parking, driveways, retention areas or similar improvements required for the intended use of the site, which cannot be accommodated on the site without removal of the protected trees.
Excavation: Any act, or the conditions resulting from, by which soil, earth, sand, gravel, rock or similar material is cut into, dug, quarried, uncovered, removed, displaced, or relocated.
Grading: Any act causing disturbance of the earth. This shall include but not be limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of such.
Impervious: The condition of being impenetrable by water. Impervious surface areas shall include but are not limited to roofs, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces.
Imperviousness: The degree to which a site is impervious.
Land disturbing activity: Any earth movement and land use changes which may result in soil erosion or the movement of sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading, excavating, stripping, filling and related activities and the covering of land surfaces with any structure or impermeable material.
Lot: A lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, except alleys, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of: complete lots of record; complete lots of record and portions of lots of record; or portions of lots of record;
(d) A parcel of land described by metes and bounds;
Provided that in no case of division or combination shall any residual lot or parcel is created which does not meet the requirements of this ordinance.
Lot of record: A lot which is a part of a subdivision recorded in the office of the Pender County or Onslow County Register of Deeds, whichever is appropriate, or a lot or parcel described by metes and bounds, the description of which has been recorded in the office of the Pender or Onslow County, whichever is appropriate.
Lot types:
(a) Corner lot: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
(b) Interior lot: A lot other than a corner lot with only one frontage on a street.
(c) Through lot: A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two streets may be referred to as double frontage lots.
Lot width: The distance between the side lot lines as measured at the rear of the required front yard, except for lots on the turning circle of cul-de-sacs which shall be at least eighty (80) percent of the required lot width and maintain an average lot width between the front and rear property lines of at least the minimum lot width for the zoning district in which the lots are located. The width between side lot lines at the foremost points (where they intersect with the street line) shall be at least eighty (80) percent of the required lot width, except on lots on the turning circle of cul-de-sacs.
Natural feature: Any outside landscape feature on the site such as trees, shrubs, or rock formations.
Natural ground surface: The ground surface in its original state before any land disturbing activity.
Official maps or plans: Any map, plan, or policies officially adopted by the town council of the Town of Surf City.
Open space: An area (land and or water) generally lacking in manmade structures and reserved for enjoyment in its unaltered state.
Owner: Any owner of a legal or equitable interest in real property and the legal representatives of such owner. Owner shall include a person holding a valid and recorded option to purchase real property with respect to which he seeks to establish a vested right under this ordinance.
Pervious: Materials having pores or openings that permit liquids to pass through. Marl, ABC Stone, crush and run and other similar materials are not considered pervious.
Permit: Either a stormwater discharge, building, sign, erosion and sedimentation control, or other development permit, as may be appropriate within the context of the ordinance.
Person: Any individual, corporation, limited liability company, partnership, joint venture, agency, unincorporated association, municipal corporation, county, state, or federal agency or any combination thereof.
Plans, construction: Plan profile sheets in sufficient detail to indicated the construction of all the improvements associated with the property to be subdivided prepared by a professional engineer or land surveyor licensed to practice within North Carolina.
Plat: A map or plan which delineates:
(a) A tract or parcel of land which is to be, or which has been subdivided;
(b) A tract or parcel of land to be officially dedicated for public or private use;
(c) A rights-of-way for street or utility purposes to be dedicated for public or private use; or
(d) Any combination thereof.
The word plat shall include the terms, map, plot, plan, plat, replat, or replot.
Plat, final: A plat prepared in accordance with the requirements of this ordinance and G.S. 47-30, in a form suitable for recording, with necessary affidavits, dedications and with complete bearing and dimensions of all lines defining lots, streets, public and private areas and other dimensions of land required by this ordinance. The final plat shall be approved and recorded prior to the sale of land within a subdivision as defined herein.
Plan, preliminary: A plan prepared in accordance with the requirements of this ordinance, drawn to scale, which delineates a proposed subdivision in sufficient detail including but not limited to, street rights-of-way and lot layout. The preliminary plan precedes the final plat preparation.
Planning board: An advisory board appointed by the town council.
Premises: Any lot or unplatted tract, or any combination of lots or unplatted tracts held under single ownership or devoted to the same use, or with respect to which there is substantial identity of ownership or use.
Property owners' association: An incorporated, nonprofit organization established by a developer or an association of property owners whose membership shall consist of individual property owners' within a subdivision and operating under recorded legal agreements.
Recreational areas: Required recreational areas shall be classified into two (2) categories, Active and Passive recreation and shall be designed for all the owners within the subdivision enjoyment and use.
Active recreation: Areas such as park land chosen without regard to natural features for the explicit purposes of enhancing design, such as village commons, or providing space for outdoor recreation activities which may include, but are not limited to, tennis courts, ball fields, swimming pools, and tot lots with play equipment. No more than twenty-five (25) percent of the required active recreation may be located in an indoor facility such as, but not limited to, exercise rooms, clubhouses, and gymnasiums. Parking spaces associated with these uses, whether required or not, shall not be counted towards satisfying the required active recreation space provision.
Passive recreation: Areas consist of undisturbed, unique and sensitive natural features when available, that may include streams, flood plains, wetlands (excluding tidal marsh) conservation resources, and natural heritage areas, if identified. These natural spaces will be characterized by undisturbed soils and natural vegetative cover for wildlife habitat. Amenities such as walking paths, piers, picnic areas and other passive recreational uses will be allowed with minimal disturbance of the vegetation.
Replat: A final plat drawn for the purpose of lot consolidations and rearrangements, which conforms with the definition of a "subdivision" in this section.
Site: A lot or parcel of land, or combination of contiguous lots or parcels of land upon which grading or other land disturbing activity is to be performed.
Street: A dedicated and accepted rights-of-way for vehicular traffic. The word "street" includes the words, alley, road, cul-de-sac, highway and thoroughfare.
Street types:
Major thoroughfare: A street designed to carry heavy volumes of through traffic at fast speeds and which may have access from another street but not from abutting properties.
Minor thoroughfare: A street which carries traffic from minor streets to the system of major thoroughfares.
Minor street: A street which is used primarily for access to the abutting property.
Collector streets: A street whose principle function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
Cul-de-sac: A short minor street designed to have one end permanently closed. The closed end terminated by a vehicular turnaround.
Frontage street: A minor street which is immediately adjacent to and which parallels a major street or highway, and which provides access to abutting properties and protection from high speed through traffic.
Hammerhead street: A short minor street that terminates at the boundary property line of the subdivision. The hammerhead street will be used as a connection to the adjacent property as it develops.
Private street: A minor street built to DOT standards but maintained by the developer or the property owner's association.
Residential streets: A street whose primary function is to provide access to abutting properties.
Subdivider: Any person who subdivides or develops any land deemed to be a subdivision as defined in this section.
Subdivision: All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale or building development of any type, including both residential and nonresidential and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the requirements of this ordinance:
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as prescribed by this ordinance;
(2) The division of land into parcels greater than ten (10) acres where no street rights-of-way dedications is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors;
(4) The division or a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street rights-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the town as provided by this ordinance;
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
Subdivision administrator: A town employee(s) appointed by the town manager to administer this ordinance.
Subdivision, major: A subdivision of land, as defined herein, which exceeds the classification for a minor subdivision and which shall conform to the procedures for approvals, the requirements and standards as specified in this ordinance and other ordinances of the town.
Subdivision, minor: A division of a tract or parcel of land into five (5) or fewer lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future), such division of land having all lots abutting an already existing street and requiring no improvements to the land except for the division referred to herein. Each proposed lot will have adequate provisions for handling storm water and meet all other Zoning Ordinance requirements.
Subdivision, minor expedited: The division of one (1) existing parcel of land under single ownership that is not exempt per G.S. 160D-802(a); (1) where no part of the tract or parcel to be divided has been divided in the ten (10) years prior to the proposed division; (2) the entire area of the tract or parcel to be divided is greater than five (5) acres; (3) after division, no more than three (3) lots result from the division and all resultant lots comply with all lot dimension size requirements of the applicable zoning district and the use of the lots is in conformity with the applicable zoning district; and (4) a permanent means of ingress and egress is recorded for each.
Technical review committee (TRC): A review committee comprised of town employees and other employees of jurisdictions involved with permitting the subdivision.
Territorial jurisdiction: Lots and parcels located within the Town of Surf City town limits or the Town of Surf City Extraterritorial Jurisdiction.
Town attorney: The attorney has appointed by the town council.
Town council: The Governing Board of the Town of Surf City elected by the general public.
Town manager: The Town Manager of the Town of Surf City or designee.
Town planning department: The town department responsible for administering this ordinance.
Variance: A departure or deviation from the design requirements of the subdivision ordinance necessitated by topographic or other existing physical conditions which make compliance with the requirements of this ordinance and unusual and unnecessary hardship on the subdivider. Such variance shall be heard in accordance with G.S. 160D-406 and G.S. 160D-705(d).
(Ord. No. 2020-11, 12-1-20)