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Proposed subdivisions must comply in all respects with the requirements of the Town of Swansboro Zoning Ordinance and with any ordinances and plans officially adopted by the town. Whenever there is a conflict between requirements, the more restrictive shall apply.
(Ord. 2005-O3, passed 3-15-2005)
All
, structures, utilities, land disturbing activities, and filling activities shall comply with any applicable state and federal regulations, including but not limited to, the Coastal Area Management Act () of 1974; §404 of the Clean Water Act, Code of Federal Regulation; and the Sedimentation Pollution Control Act of 1973. Whenever there is a conflict between requirements, the more restrictive shall apply.
(Ord. 2005-O3, passed 3-15-2005)
(A) Policy. It is the policy of the of the Town of Swansboro that the citizens of the town and its extraterritorial zoning jurisdiction area should be afforded reasonable facilities to promote recreation and other leisure time activities and that of new residential areas should share in the expense of providing such facilities.
(B) Applicability. This subchapter shall apply to all subdivisions of property within the Town of Swansboro or its extraterritorial zoning jurisdiction area.
(C)
or payment in lieu of
required. Whenever any subdivides any property for residential purposes, the shall:
(1) Dedicate to the Town of Swansboro a portion of said property or other land considered by the Town to be suitable for the purposes of
and recreation; or
(2) Make a cash payment in lieu of such
in accordance with the provisions in this subchapter.
(D) Acceptance of
or payments in lieu of
. Unless a cash payment is required in lieu of land , the decision of the as to whether it will accept a of property or a cash payment in lieu of shall be in the sole discretion of the . The shall consider any recommendation of the Parks and Recreation Board of the Town of Swansboro before making its decision, provided that the
shall not be bound by the recommendation of the Parks and Recreation Board.
(E) Size and nature of the
.
(1) The area required to be dedicated pursuant to this chapter shall be computed as follows: the total number of
or units in the subdivisions shall be multiplied by 0.025 acres. That product shall then be multiplied by the appropriate “density multiplier” as set out in the table below. That product shall then be expressed in acres and shall be the “area required” to be dedicated. Thus the formula can be summarized as:
Total number of
/units | x | 0.025 acres | x | Density Multiplier | = | Area Required |
(2) The “density multiplier” to be used in any case shall be the figure from the tables set out below which corresponds to the average acreage per
or unit in the , rounded to the nearest one-hundredth of an acre.
Average Acreage Per
/Unit | Density Multiplier |
0.00-0.15 | 1.4 |
0.16-0.24 | 1.2 |
0.25-0.49 | 1.0 |
0.50-0.99 | 0.9 |
1.01+ | 0.8 |
(F) Exception. If the computation set out above produces a product of less than two acres, then the shall make a cash payment in lieu of .
(G)
to town exclusive. All required by this Ordinance shall be to the Town of Swansboro and not to a private homeowners’ association or similar entity.
(H) Location of dedicated property. The property dedicated need not be in the
but, if not located with the
, the property dedicated shall be reasonably usable by residents of the
.
(I) Access. The property dedicated shall abut or have adequate access to a .
(J) Features of dedicated property. The property dedicated shall consist substantially of usable space with no more than one-fourth of said property consisting of floodplains, wetlands, or any area the topography of which renders it substantially unusable for typical recreation activities.
(K) Board’s discretion concerning time and nature of
. The shall have the right to accept, develop, and maintain the dedicated property in accordance with its of public needs.
(L) Amount of payment in lieu of
.
(1) When a cash payment is required in lieu of dedication, such payment shall be paid by the subdivider to the Town of Swansboro, shall be placed by the Town of Swansboro in a parks and recreation capital reserve fund, and may be used only for the acquisition or development of recreation, park, or open space sites to serve the subdivision being developed or subdivisions or development within the immediate area.
(2) The amount of the payment in lieu of
shall be based, in part, on the tax value of the as of the time of
approval, after removal of any exemptions allowed for agricultural, woodlands, or other non-urban use. The required payment shall be the product obtained by multiplying the tax value of the (as defined above) by a fraction, the numerator of which is the “Area Required” pursuant to the computations prescribed above, and the denominator of which is the total area of the
or .
Tax Value | x | Area Required | / | Total Area of | = | Payment Required |
(3) All sums payable pursuant to this section shall be paid in full prior to
approval and shall be reported to the
at the time of
approval.
(M) Alternative payment in lieu of
. When a cash payment is required in lieu of , a shall have the option to pay, at his or her option, a fixed amount per based on a schedule of fees adopted by the from time to time.
(N) Credit for private recreation facilities. The may, with respect to the land area to be dedicated or the cash payment to be made in lieu of , elect to give partial credit, in the satisfaction of these requirements, to private, on-site recreation facilities. In order to give credit for private recreation facilities, the Board shall find (a) that the private facilities are appropriate and are significantly usable for the type of
being developed and (b) that the facilities are likely to reduce the need for residents of the
to use public recreational facilities. The amount of credit that may be given is solely within the discretion of the , provided that it may not exceed 50% of the land or cash payment required.
(O)
of space for
facilities. Whenever the to be subdivided includes property included in any official Land Use Plan, Comprehensive Long-term Plan, or other similar official plan, or when the scale of indicates the need for such facilities (for example, but not by way of limitation, , fire stations, sewer lift stations, or other public facilities), the
shall reserve such sites for a period of 24 months after preliminary plan approval. If neither the Town of Swansboro, the County of Onslow, nor any other entity having the power of eminent domain has undertaken negotiations to purchase such areas or begun eminent domain proceedings with respect to such sites within said 24 month period, then the shall be deemed to have been rejected and the property subject to such shall be released therefrom.
(P) . When situations exist such that compliance with the letter of this Ordinance would cause an unusual, unavoidable and unnecessary hardship on the , the may vary the
set forth herein in accordance with the provisions of § 152.329.
(Q)
and density increase. If, following the initial approval of a
, the number of in the
is later increased by Town-approved or exempt
actions, the amount of land and/or fees due under this section shall be re-calculated, based on the new numbers and density, and any additional amounts of land or fees due under the provisions of this section shall be remitted within 30 days.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2008-O28, passed 10-21-2008; Am. Ord. 2008-32, passed 11-18-2008; Am. Ord. 2021-O3, passed 5-24-2021)
PART III: INFORMATION REQUIRED WITH SUBDIVISION APPLICATIONS
Type of Map or Plan
|
Review
|
Filing (after approval)
| |
# of Prints
|
# of Prints
|
# of Mylars
| |
Type of Map or Plan
|
Review
|
Filing (after approval)
| |
# of Prints
|
# of Prints
|
# of Mylars
| |
Minor | (1) 18 x 24 | (1) 18 x 24 | (1) 18 x 24 |
(8) 11 x 17 | |||
Sketch plan | (1) 24 x 36 or (1) 18 x 24 (8) 11 x 17 | (2) 18 x 24 | — |
, | (1) 24 x 36 (8) 11 x 17 | (2) 18 x 24 (1) 11 x 17 | — |
, | (1) 18 x 24 (8) 11 x 17 | (1) 18 x 24 | (1) 18 x 24 |
and utility construction plans and profiles | As required by the town, NCDOT, and the applicable utility provider | ||
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O28, passed 10-21-2008)
Submission of all
or maps shall contain the following information before submission to the
for review. An “X” indicates required information. Additional information may be required for approval of a
. The
may waive items required for Minor, Sketch and
if it is judged that they are not necessary to complete the review. The Town Manager may waive items required for the
if it is judged they are not necessary to complete the review.
Information | Minor, Sketch, & | ||||
Minor | Sketch Plan | ||||
Information | Minor, Sketch, & | ||||
Minor | Sketch Plan | ||||
1 | Maps or submitted shall not exceed a maximum size of 24" x 36" | X | X | X | X |
2 | Standard 18" by 24" sheet for to be recorded, minimum 1-1/2" border on the left side and a minimum ½” border on all other sides; or as required by the Onslow County Register of Deeds | X | X | ||
3 | Original drawn on material as required by the Onslow County Register of Deeds | X | X | ||
4 | Title block containing: Name of | X | X | X | X |
5 | Name of the type of (minor , sketch plan, , etc.) | X | X | X | X |
6 |
’s name with address and daytime phone number | X | X | X | X |
7 | Location (including address, township, county, and state) | X | X | X | X |
8 | Date(s) (s) prepared or revised | X | X | X | X |
9 | Scale of drawing in feet per inch. Drawing shall be at a scale of not less than 1" equal to 100'. If all are greater than 3 acres, a smaller scale may be used | X | X | X | X |
10 | Bar graph | X | X | X | X |
11 | Name, address, and telephone # of preparer of (licensed surveyor, engineer, etc.) | X | X | X | X |
12 |
’s name, address, and daytime phone number (if different from
’s) | X | X | X | X |
13 | Zoning district(s) within the property and adjacent properties | X | X | X | X |
14 | Existing land use within the property and on adjacent properties | X | X | X | |
15 |
book or deed book reference | X | X | X | X |
16 | Names of adjoining property
(or subdivisions or
of record with book reference) | X | X | X | X |
17 | Tax map,
, and parcel(s) number of adjoining property | X | X | X | X |
18 | Vicinity map showing location of site relative to surrounding area and sufficient to clearly locate the property | X | X | X | X |
19 | Corporate limits, county lines, and other jurisdiction lines, if any, on the | X | X | X | X |
20 | Registration and seal of land surveyor | X | X | ||
21 | North arrow and orientation (north arrow shall not be oriented towards bottom of map) | X | X | X | X |
22 | Source of property boundaries signed or sealed by registered land surveyor, architect, landscape architect, or engineer | X | X | X | |
23 | Boundaries of the
to be subdivided or developed: Distinctly and accurately represented and showing all distances | X | X | X | |
24 | Tied to nearest intersection (within 300') or USGS (within 2,000') | X | X | X | |
25 | Showing locations of intersecting boundary lines or adjoining properties | X | X | X | X |
26 | Location and descriptions of all monuments, markers, and control corners | X | X | X | |
27 | Existing property lines on
to be subdivided. If existing property lines are to be changed, label as “old property lines” and show as dashed lines | X | X | X | X |
28 | Dimensions, location, and use of all existing and proposed ; distances between measured at the closest point; distance from to the closest property line | X | X | X | |
29 | The name and location of any property or on the National Register of Historic Places or locally designated historic property | X | X | X | X |
30 | Railroad lines and | X | X | X | X |
31 | Water courses, ponds, lakes, or streams | X | X | X | X |
32 | Marshes, swamp, and other 404 wetlands | X | X | X | |
33 | Areas to be dedicated or reserved for the public | X | X | X | X |
34 | Areas designated as or
under control of an | X | X | X | X |
35 | Location of designated recreation areas and facilities | X | X | X | X |
36 | Location of and fringe from Hazard Boundary Maps and section elevations | X | X | X | X |
37 | Boundaries of applicable
in accordance with the State Guidelines for
(15 NCAC 7H) of the Coastal Area Management Act of 1974 | X | X | X | X |
38 | Existing and proposed topography of
and 100' beyond property showing existing contour intervals of no greater than 5' (2' where available) and labeling at least two contours per map and all others at 10' intervals from sea level | X | |||
39 | Proposed
and dimensions | X | X | X | X |
40 | Square footage of all proposed under an acre in size and acreage for all over an acre in size | X | X | X | X |
41 | Site calculations including: Acreage in total | X | X | X | X |
42 | Acreage in public | X | X | X | |
43 | Total number of proposed | X | X | X | X |
44 | Linear feet in | X | |||
45 | Area in newly dedicated | X | |||
46 |
sequenced or number consecutively | X | X | X | |
47 |
address as assigned by the town for each new | X | X | ||
48 | Onslow County Health Department information for subdivisions without public sewer available: 1)
shall contain a statement concerning septic tank approval and list the | X | X | X | |
49 | 2) Each that has been approved for an on-site subsurface sewage treatment and disposal system shall be shown. Denied or not evaluated shall be crosshatched and labeled, “NO
PERMIT HAS BEEN ISSUED FOR THIS
” | X | X | ||
50 | The following notes shall be shown: 1) There is no right to build upon or otherwise improve any of these until a valid written
Permit has been obtained from the Health Department as required by State Law. CONTACT THE ONSLOW COUNTY ENVIRONMENTAL HEALTH DIVISION CONCERNING
SUITABILITY FOR ON- SITE SUBSURFACE SEWAGE TREATMENT AND DISPOSAL SYSTEMS OR TOWN SEWER. | X | X | X | |
51 | 2) The location shown for designated septic system areas are approximate. Approval and design area information for subsurface sanitary sewage systems is reproduced from information supplied by the Onslow County Department of Public Health and the Surveyor/Engineer makes no representation or warranty as to the accuracy of such information. A letter from the Health Department approving the shall be attached. | X | X | ||
52 |
data illustrating: Existing and proposed lines within and adjacent to property | X | X | X | |
53 | Existing and proposed within and adjacent to the property showing: Total
width dimension | X | X | X | |
54 |
width dimension from centerline of existing | X | X | X | |
55 | Existing and proposed showing: Pavement or curb lines | X | |||
56 | Pavement width dimension (face-to-face) | X | |||
57 |
pavement radius | X | |||
58 | Existing and proposed names | X | X | X | |
59 |
profiles | X | |||
60 | Location, dimension, and type of all | X | X | X | |
61 | Utility layout plan showing connections to existing systems, line sizes, material of lines, location of fire hydrants, blowoffs, valves, manholes, catch basins, force mains, etc., for the following types of utility lines: Sanitary sewer | X | X | ||
62 | Water distribution | X | X | ||
63 | Natural gas, electric, cable TV, etc. | X | |||
64 | Documentation of submission of an Erosion Control Plan, if disturbing greater than one acre | X | X | ||
65 | Documentation of approval of an Erosion Control Plan, if disturbing greater than one acre | X | X | ||
66 | Evidence of notification to US Army Corps of Engineers of Earth-Disturbing Activities in Wetlands, if applicable | X | X | ||
67 | Size of planting
, walls, berms, and | X | |||
68 | Existing and proposed signs (location, height, and area) | X | |||
69 | Location, dimensions, and details of proposed clubhouses, pools, tennis courts, tot , or other recreation facilities | X | |||
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2008-O28, passed 10-21-2008)
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