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Swansboro Overview
Swansboro, NC Code of Ordinances
TOWN OF SWANSBORO, NORTH CAROLINA CODE OF ORDINANCES
CHARTER
RELATED LOCAL LAWS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: REPAIR, CLOSING, AND/OR DEMOLITION OF NON-RESIDENTIAL BUILDINGS OR STRUCTURES
CHAPTER 152: UNIFIED DEVELOPMENT ORDINANCE
GENERAL PROVISIONS
ADMINISTRATIVE MECHANISMS
APPEALS, VARIANCES, INTERPRETATIONS
HEARING PROCEDURES
NONCONFORMITIES
DEVELOPMENT APPROVALS
ENFORCEMENT AND REVIEW
VESTED RIGHTS, PERMIT CHOICE AND DEVELOPMENT AGREEMENTS
ZONING DISTRICTS AND ZONING MAP
TABLE OF AREA, YARD, SQUARE FOOTAGE AND HEIGHT REQUIREMENTS
SPECIAL USES
RESIDENTIAL CLUSTER DEVELOPMENT REGULATIONS
PLANNED UNIT DEVELOPMENT (PUD)
SIGNS
OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
TRAFFIC IMPACT STUDY
SUBDIVISION REGULATIONS
FLOOD DAMAGE PREVENTION
HISTORIC DISTRICT
LIGHTING
REGULATIONS FOR LANDSCAPING
BUILDING DESIGN AND COMPATIBILITY
Appendix I
Appendix II RECOMMENDED ROAD CONNECTION
Appendix III HISTORIC DISTRICT DESIGN STANDARDS
Appendix IV INFORMATION REQUIRED WITH APPLICATIONS, SITE PLANS, SUBDIVISION PLATS
Appendix V TABLE OF AMENDMENTS
PARALLEL REFERENCES
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§ 152.353 STREETS.
   (A)   Conformance with thoroughfare plans. The location and design of shall be in conformance with any applicable, adopted thoroughfare plan. Where conditions warrant, widths and pavement widths in excess of the minimum standards may be required.
   (B)   Traffic impact study. If a proposed is submitted for approval which could generate daily traffic at the volumes specified in §§ 152.310 through 152.314 of the Unified Development Ordinance and a traffic impact study has not previously been prepared, preparation of a traffic impact study will be required at the applicant’s cost prior to approval.
   (C)   Conformance with adjoining road systems. The planned layout of a proposed shall be compatible with existing or proposed and their classifications on adjoining or nearby .
   (D)   Coordination with surrounding .
      (1)   The system of a shall be coordinated with existing, proposed, and anticipated outside the or outside the portion of a single that is being divided into (hereinafter, “surrounding ”) as provided in this section.
      (2)    shall intersect with surrounding collector or arterial at safe and convenient locations.
      (3)   Subcollector, local, and minor residential shall connect with surrounding where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such by substantial through traffic.
      (4)   Whenever connections to anticipated or proposed surrounding are required by this section, the   shall be extended and the developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single ) at the point where the connection to the anticipated or proposed is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this subsection, no temporary dead-end in excess of 900 feet may be created unless no other practical alternative is available.
      (5)   Reserve strips adjoining road for the purposes of preventing access to adjacent property shall not be permitted under any condition.
   (E)    classification. The final of the classification of in a proposed shall be made by the town.
   (F)    design criteria.  proposed to be dedicated to the town shall be designed in accordance with the Town of Swansboro Street Construction Standards and Specifications. In absence of Town of Swansboro Street Construction Standards and Specifications, the most current NCDOT standards will be used. proposed to be dedicated to the State shall be designed in accordance with standards and specifications of the North Carolina Department of Transportation (NCDOT).
   (G)    design criteria.
      (1)    shall be permitted with .
      (2)   The minimum design standards for all will be equivalent to the minimum Town of Swansboro Street Construction Standards and Specifications. In absence of Town of Swansboro Street Construction Standards and Specifications, the most current NCDOT standards will be used.
      (3)   An is required to own and maintain all allowed under this subchapter. All will be indicated as such on the .
      (4)   No through in a residential area connecting two can be designated as a , unless approved by the .
      (5)   All , connecting with state-maintained , require an approved application from the NCDOT.
      (6)   The minimum width of all sidewalks constructed, shall be five feet.
      (7)   A disclosure statement in accordance with G.S. §136-102.6 shall be recorded simultaneously with the and referenced on the . The disclosure statement must contain the provision(s) for construction and/or maintenance of the (see § 152.385).
   (H)   Intersecting angle.
      (1)   All shall intersect at or as near to 90 degrees as possible within topographic limits, and no shall intersect any other at an angle less than 75 degrees.
      (2)   All crossing natural areas, wetlands, or stream buffers must cross at or as near to 90 degrees as possible within topographic limits.
   (I)    . The distance from an intersecting through or any extension from a to the end of a shall be a maximum of 900 feet, except where, upon the approval of the , existing conditions warrant a modification of this requirement. The radius of the paved portion of a   shall be designed in accordance with the Town of Swansboro Street Construction Standards and Specifications. In absence of Town of Swansboro Street Construction Standards and Specifications, the most current NCDOT standards will be used.
   (J)   Minimum offset.
      (1)   Where are offset, the centerlines shall be offset no less than 150 feet.
      (2)   Except where no other alternative is practicable or legally possible, no two may intersect with any other on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting . When the intersecting is a , the distance between intersecting shall be at least 1,000 feet.
   (K)   Curb and gutter.
      (1)   Curb and gutters shall be required in all subdivisions unless a from this requirement is specifically granted by the . Curbs and gutters shall be constructed in conformance with the design criteria of the Town of Swansboro Street Construction Standards and Specifications. In absence of Town of Swansboro Street Construction Standards and Specifications, the most current NCDOT standards will be used.
      (2)   As provided in G.S. §136-44.14, whenever curb and gutter construction is used on , wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the NCDOT.
   (L)   Temporary turnarounds.  stubbed to adjoining property or phase lines may be required to have a temporary turnaround at the end of the which will be sufficient to permit service vehicles to turn around. The radius of the temporary turnaround shall be a minimum of 40 feet.
   (M)   Grades.
      (1)   The maximum at any point on a constructed without curb and gutter shall be 6%. On constructed with curb and gutter, the shall not exceed six percent unless no other practicable alternative is available. In no case, however, may be constructed with grades that exceed 10%.
      (2)   The on stop approaching an intersection shall not exceed 5% for a distance of not less than 100 feet from the centerline of the intersection.
   (N)    . Triangular shall be shown in dashed lines at all intersections and so noted on the  . These will remain free of all structures, trees, shrubbery, and signs, except utility poles, fire hydrants, and traffic control signs. The location and extent of will be determined by the town and by the NCDOT on all state-maintained .
   (O)    names and property addresses.  which are obviously in alignment with existing shall generally bear the name of the existing . names shall not duplicate or closely approximate phonetically the names of existing in Onslow County. suffixes and addresses shall conform to the standards established by the Town of Swansboro.
   (P)    name and traffic control signs.  name and traffic control signs which meet the Town of Swansboro and NCDOT specifications shall be placed at all public and intersections. The Town of Swansboro shall approve the location of all signs to be place on town-maintained   prior to installation. The shall be responsible for installing all name and traffic control signs. The maintenance of signs on and drives shall be the responsibility of the or of an , as applicable.
   (Q)    construction plans. Construction plans for all that are proposed to be town-maintained shall be submitted to the town following approval. Construction plans for all subdivisions that are proposed for state maintenance shall be submitted to the NCDOT following approval. No   shall be constructed until construction plans have been reviewed and approved by either the town or NCDOT, as applicable.
   (R)   NCDOT Traditional Neighborhood Development Street Design Standards. 
      (1)   The may require utilization of the North Carolina Department of Transportation Operations Traditional Neighborhood Development Street Design (TND) Guidelines in any located in the town’s with the approval of the NCDOT. TND standards for and sidewalks are limited to subdivisions having a minimum of 40 acres and a maximum of 125 acres.
      (2)   A Traditional Neighborhood Development (TND) is a human scale, walkable with moderate to high residential densities and a core. Compared with conventional suburban , TNDs have a higher potential to increase modal split by encouraging and accommodating alternate transportation modes. TNDs also have a higher potential for capturing internal trips, thus reducing vehicles miles traveled.
      (3)   A dense network of narrow with reduced curb radii is fundamental to TND design. This network serves to both slow and disperse vehicular traffic and provide a pedestrian friendly atmosphere. Such alternate guidelines are encouraged by NCDOT when the overall design ensures that non-vehicular travel is to be afforded every practical accommodation that does not adversely affect safety considerations. The overall function, comfort, and safety of a multi-purpose or “shared” are more important than its vehicular efficiency alone.
      (4)   TNDS have a high proportion of interconnected , sidewalks, and paths. and rights-of-ways are shared between vehicles (moving and parked), bicycles, and pedestrians. The dense network of TND functions in an interdependent manner, providing continuous routes that enhance non-vehicular travel. Most TND are designed to minimize through traffic by the design of the and the location of land uses. are designed to only be as wide as needed to accommodate the usual vehicular mix for that while providing adequate access for moving vans, garbage trucks, fire engines, and buses.
      (5)   As part of the NCDOT design criteria, there must be a discernable center or core area. The proposed must have a mixture of residential and non-residential land uses, with at least 10% of the developed area consisting of non-residential uses. Most non-residential uses are located within the core area. Within the core area, a minimum of 15% of must be devoted to oriented towards TND residents. Elementary are an important element. Public structures, such as , churches and civic , and public , such as squares, , playgrounds, and greenways, shall be integrated into neighborhood pattern.
   (S)    inspection. Work performed pursuant to approved construction plans shall be inspected and approved by either the town or the NCDOT, as applicable.
   (T)    lights.  lights shall be provided in accordance with the lighting standards of the power company providing service but shall NOT be less than the town’s policies, standards, and specifications for lighting.
   (U)   Bridges. All bridges shall be constructed in accordance with the standards and specifications of the NCDOT, except that bridges on roads that will not be publicly dedicated may be approved if designed by a registered professional engineer.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2013-O13, passed 5-21-2013)
§ 152.354 BLOCKS.
   (A)    length. Intersecting shall be laid out at such intervals that lengths are not more than 1,500 feet nor less than 400 feet.
   (B)    width.  shall have sufficient width to provide for two tiers of of appropriate depth, except where otherwise required to separate from through traffic or non-residential uses.
(Ord. 2005-O3, passed 3-15-2005)
§ 152.355 UTILITIES AND STORMWATER MANAGEMENT.
   (A)   Utility construction plans. Construction plans for all water and sanitary sewer facilities shall be submitted to the town or other appropriate utility provider during the process. For each section, the utility construction plans shall include all lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section and being required to serve that section. No utility shall be constructed until the utility construction plans have been reviewed and approved by the applicable utility provider.
   (B)   Utility inspection. Work performed pursuant to approved utility construction plans shall be inspected and approved by the applicable utility provider.
   (C)   Public water, sewer and stormwater construction requirements.
      (1)   Water and sewer lines, connections, and equipment shall be constructed in accordance with state and local regulations and policies and to the specifications and standards of the applicable utility provider.
      (2)   In the interest of adequately providing service to adjacent properties, the Town of Swansboro may require the installation of certain oversized utility or the extension of utility to adjacent properties. If the town requires the installation of utility in excess of the standards and specifications required in this subchapter as well as those adopted by reference, the town shall pay the cost of differential between the required oversized and the standard required by this subchapter.
      (3)   As-built drawings shall be submitted to the for required utility, stormwater, , , and recreational . Upon completion of construction of stormwater structures and prior to acceptance of new infrastructure or issuance of a certificate of occupancy by the town, a signed/sealed as-built set of drawings shall be submitted. The as-built drawings shall include the engineer's sealed statement that the stormwater structure(s) is built as designed and approved by the NCDEQ and must also be sealed by a licensed surveyor. approval shall be withheld until all required as-built drawings are provided to the town.
   (D)   Water and sewer connection.
      (1)   Connection of each to public water and sewer utilities shall be required if the proposed is within two hundred feet of the nearest adequate lines of a public system, provided that no geographic or topographic factors would make such connection infeasible or that a specific of this requirement is granted by the . Where public sewer is not available, shall be evaluated, at the ’s expense, in accordance with “Laws and Rules for Sanitary Sewage Collection, Treatment, and Disposal 15 A NCAC 18 A 1990". Approval of the Onslow County Health Department shall be obtained after approval. The shall show (s) denied or not evaluated crosshatched and labeled “NO PERMIT HAS BEEN ISSUED FOR THIS ”.
      (2)   Water and sewer lines shall be constructed in conformance with the design criteria of the Town of Swansboro Water and Wastewater Improvements Standards and Specifications or to the standards and the specifications of another water and sewer service provider which may have operating control of the system, if provided by contract.
      (3)   Water and/or sewer connections to subdivisions located within the town’s shall be approved by the Town of Swansboro or other applicable utility provider prior to approval. Voluntary annexation of such subdivisions shall be a prerequisite to the provision of water and/or sewer service by the Town of Swansboro.
   (E)   Utility and .
      (1)    shall be provided for electrical, telephone, natural gas, cable television, water, and sewer utilities where necessary to serve every platted . The and the utility provider(s) shall agree on the location and the width of the . Any for subsurface sewage disposal systems shall be delineated on the and described by bearings and distances.
      (2)   The shall transfer to the town the necessary ownership or rights to operate and maintain the utility facilities. In addition, the shall dedicate sufficient rights to accommodate the extension of utility service to adjacent or nearby properties whenever it can reasonably be anticipated that utility facilities constructed in one will be extended to serve other adjacent or nearby .
      (3)   Where a is traversed by a water course, , channel, or stream, there shall be provided a stormwater or drainage conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose of drainage. Parallel may be required in connection therewith.
      (4)   Lakes, ponds, creeks, and similar areas will be accepted for maintenance only if sufficient land is dedicated as a public recreation area or or if such area constitutes a necessary part of the drainage control system. The acceptance of such dedicated areas must be reviewed and recommended by the before the will consider accepting it.
   (F)   Other requirements.
      (1)   Utilities to be consistent with internal and external .
         (a)   Whenever it can reasonably be anticipated that utility facilities constructed in one will be extended to serve other adjacent or nearby , such utility facilities (e.g. water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.
         (b)   All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to or facilities located within the .
      (2)   Construction procedures. 
         (a)   No construction or installation of shall commence in a proposed until the has been approved, and all plans and specifications have been approved by the appropriate authorities.
         (b)   No , zoning, or other permits shall be issued for erection of a on any not of record at the time of adoption of this subchapter until the has been approved and recorded. The , prior to commencing any work within the shall make arrangements with the of this subchapter to provide for adequate inspection. The approving authorities having jurisdiction or their representatives, shall inspect and approve all completed work prior to release of sureties.
      (3)   As-built drawings required. Whenever a installs or causes to be installed any utility line in any public , the shall, as soon as practicable after installation is complete, and before acceptance of any water or sewer line, furnish the town with a copy of a drawing that shows the exact location of such utility lines. Such drawings must be verified as accurate by the utility service provider. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such .
   (G)   Stormwater management.
      (1)   A surface water drainage system, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water. The surface water drainage system plan shall be designed in accordance with the Sedimentation Pollution Control Act, the North Carolina Stormwater Run-off Regulations, the Handbook for the Design of Highway Surface Drainage Structures, and the specifications and standards of the Town of Swansboro.
      (2)   No surface water shall be channeled into a sanitary sewer.
      (3)   Storm drainage systems shall be enclosed and buried underground with minimal disruption of surface features, unless the town approves an alternative surface storm drainage system design.
      (4)   Where feasible, the shall connect the new ’s storm drainage system to an existing storm drainage system. Where an existing storm drainage system cannot feasibly be extended to the new , a drainage system shall be designed to protect the proposed from water damage. Ten-year storm drainage data shall be used as a minimum standard for storm drainage system design.
   (H)   Fire hydrants. Every served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the intended to be located within such . Fire hydrants shall conform to the Town of Swansboro Water Improvements Standards and Specifications, or to the standards and the specifications of another water service provider which may have operating control of the system if provided by contract, or the NFPA standards, whichever is more stringent.
   (I)   Electric power. Every within a shall have available to it a source of electric power adequate to accommodate the reasonable needs of the uses anticipated within the .
   (J)   Telephone service. Every within the shall have available to it a telephone service cable adequate to accommodate the reasonable needs of the uses anticipated within the .
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2019-06, passed 7-23-19)
§ 152.356 SIDEWALKS.
   (A)   Sidewalks shall be appropriately related to and coordinated with surrounding existing and proposed pedestrian ways and transportation patterns. Sidewalks and pedestrian ways shall connect where necessary to permit the convenient and safe movement of pedestrians. To provide convenient access for pedestrians, each new or expansion to an existing use/site that exceeds 50% or more of the current tax or appraised value shall:
      (1)   Provide sidewalks with direct access to adjacent , neighborhoods, , bus stops, and sidewalks or an alternative pedestrian system approved by the Town of Swansboro;
      (2)   Investigate the possibility of using utility as connecting trails;
      (3)   Preserve existing trails unless a superior alternative is provided;
      (4)   Submit written plan clearly identifying the party responsible for ongoing maintenance of any pedestrian facilities not located on public or other ;
      (5)   Construct walkways along all public and unless environmental conditions dictate otherwise; and
      (6)   All crosswalks should be clearly marked with paint, thermo-plastic, or contrasting surface material.
   (B)   Unless a for this requirement is granted by the , sidewalks are required along both sides of all constructed in an approved ; on , sidewalks shall be installed along both . Sidewalks and sidewalk/ intersections shall be constructed consistent with the specifications of the Town of Swansboro as they may be amended from time to time.
   (C)   In order to provide, where feasible, unbroken pedestrian routes between , sidewalks shall be installed along the perimeter of all sides of a which abuts an existing tight-of-way. This may require the construction of sidewalks along with the front, rear, and side property lines when a abuts one or more existing or proposed .
   (D)   As provided in G.S. §136-44.14, whenever curb and gutter construction is used on , wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the NCDOT.
   (E)   Sidewalks shall be constructed to a minimum width of five feet, and shall consist of a minimum thickness of four inches of concrete. All sidewalks shall be placed in a , unless the is platted as a planned unit or group . The edge of a sidewalk shall be one foot from the edge of the property line, sidewalks shall consist of a minimum of six inches of concrete at crossings. Sidewalks shall be located in the dedicated non-pavement of all roads or other approved .
   (F)   Construction or payment in lieu of. At the request of the , the or permit may accept a payment in lieu of construction. The fee in lieu of amount shall be 25% plus the cost of estimated construction and installation of sidewalk. All payments received by the town in lieu of construction shall be expended for capital of sidewalk facilities within the town or its .
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2013-O13, passed 5-21-2013)
§ 152.357 PEDESTRIAN ACCESS EASEMENTS.
   (A)   All subdivisions adjoining a waterfront, adjacent to a public amenity site, public park, and/or public open space, shall provide for public access to the waterfront or public area.
   (B)   Such access shall consist of one ten-foot pedestrian easement for each 600 feet or portion thereof of shared property line/frontage on the water.
   (C)   In subdivisions with 300 feet or less of shared property line/water frontage, the Planning Board may not require a pedestrian easement to be included, provided that pedestrian easement exists within 300 feet of the nearest point of said subdivision.
   (D)   All pedestrian easements shall be directly accessible to a publicly maintained street right-of-way or an approved private street right-of-way. The Board of Commissioners shall determine if easements are to be dedicated to the Town of Swansboro.
   (E)   Should a publicly maintained street right-of-way be relocated, pedestrian easements shall be extended to the new right-of-way.
   (F)   Where an existing pedestrian easement dedicated to the Town of Swansboro, the State of North Carolina or the United States Government is within an area to be subdivided, such easement may count towards meeting the requirements contained herein.
   (G)   The Board of Commissioners may, in lieu of requiring the installation of pedestrian easements, allow the subdivider to donate land to the Town of Swansboro that is adjacent to and provides access to these areas and is at least equivalent in size to the total square footage of required easements. The donated property shall be in the general vicinity of the subdivision. A combination of donated land and easements may also be allowed.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2020-O8, passed 6-22-2020)
§ 152.358 TOWNHOUSES.
   Subdivisions designed to accommodate   shall comply with the additional applicable provisions of the Swansboro Zoning Ordinance.
(Ord. 2005-O3, passed 3-15-2005)
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