Article 6 - Subdivisions
6: Subdivisions
6.1. Introductory Provisions
6.1.1. How to Use these Standards
6.1.2. Purpose and Intent
6.1.3. Applicability
6.1.4. Exemptions
6.1.5. Compliance with Other Standards
6.1.6. Approval of Subdivision Plats Required
6.1.7. Recordation of Subdivision Plats Required
6.1.8. Issuance of Permits Following Plat Approval
6.1.9. Subdividing in Violation
6.2. Conservation Subdivision
6.2.1. Purpose and Intent
6.2.2. Applicability
6.2.3. Procedure
6.2.4. Conservation Subdivision Standards
6.2.5. Delineation of Conservation and Development Areas
6.2.6. Evaluation Criteria for Conservation Subdivision Layout
6.3. Fee-in-Lieu
6.3.1. Purpose
6.3.2. Procedure
6.3.3. Amount
6.3.4. Review Standards for Fee-in-Lieu
6.4. Greenways
6.4.1. Required Greenway Dedication and Construction
6.4.2. Payment In-Lieu of Providing Greenways
6.4.3. Greenway Configuration
6.4.4. Density Credits
6.4.5. Open Space Set-Aside Credits
6.5. Owners' Associations
6.5.1. Purpose
6.5.2. Applicability
6.5.3. Creation Required
6.5.4. Responsibilities of Association
6.5.5. Procedure for Association Establishment
6.5.6. Documentation Requirements
6.5.7. Membership Requirements
6.5.8. Transfer of Maintenance Responsibility
6.5.9. Failure to Maintain is a Violation
6.6. Performance Guarantees
6.6.1. Purpose and Intent
6.6.2. Eligible Facilities and Features
6.6.3. Ineligible Facilities
6.6.4. Maximum Term of Guarantee
6.6.5. Form of Guarantee
6.6.6. Administration of Guarantees
6.6.7. Amount of Guarantee
6.6.8. Release or Reduction of Guarantee
6.6.9. Improper Release of Performance Guarantees
6.6.10. Forfeiture of Guarantee
6.6.11. As-Built Plans Required
6.7. Reservation of Public Lands
6.7.1. Reservation of School Sites
6.7.2. Dedication of Land for Public Parks
6.8. Sidewalks
6.8.1. Location
6.8.2. Configuration
6.8.3. Credit for Trails
6.8.4. Payment In-Lieu of Providing Sidewalks
6.9. Soil Erosion & Sedimentation
6.9.1. Natural Drainage System Utilized to the Extent Feasible
6.9.2. Development Must Drain Properly
6.9.3. Erosion and Sedimentation Control Plan Required
6.9.4. Exemptions
6.9.5. Timing of Review
6.10. Street
6.10.1. Compliance with Guiding Documents
6.10.2. Street Classification
6.10.3. Street Rights-Of-Way
6.10.4. Dedication and Construction
6.10.5. Payment In-Lieu of Providing Road Improvements
6.10.6. Private Streets
6.10.7. Street Design
6.10.8. Street Drainage
6.10.9. Street Signs
6.10.10. Traffic Control Signs and Signals
6.10.11. Street Lights
6.10.12. Vehicular Gates
6.10.13. Bridges
6.10.14. Dams
6.11. Stormwater
6.11.1. Generally
6.11.2. Higher Adjacent Lands
6.11.3. Lower Adjacent Lands
6.12. Subdivision Standards
6.12.1. Subdivision Name
6.12.2. Reasonable Relationship
6.12.3. Lot Configuration
6.12.4. Access to Lots
6.12.5. Monuments
6.12.6. Easements
6.12.7. Cluster Mailboxes
6.12.8. Building Numbers
6.13. Transportation Impact Analysis
6.13.1. Introduction
6.13.2. Purpose
6.13.3. Applicability
6.13.4. Pre-Application Conference
6.13.5. Memorandum of Understanding
6.13.6. Period of Validity
6.13.7. Traffic Impact Analysis Report Elements
6.13.8. Safety and Operational Analysis
6.13.9. Deferral of Obligation
6.13.10. Waiver
6.13.11. Format and Submittal of Report
6.14. Utilities and Infrastructure
6.14.1. Utility Ownership and Easement Rights
6.14.2. Lots Served by Governmentally Owned Water or Sewer Lines
6.14.3. Sewage Disposal Facilities Required
6.14.4. Water Supply System Required
6.14.5. Electric Power
6.14.6. Telephone Service
6.14.7. Underground Utilities
6.14.8. Utilities to be Consistent with Internal and External Development
6.14.9. As-Built Drawings Required
6.14.10. Fire Hydrants
A. The standards in this section are applied to applications seeking to divide land into two or more lots. Some subdivisions of land are exempted from complying with these requirements (see Section 6.1.4, Exemptions), while others are subject to these standards.
B. Any activity, whether associated with a subdivision or a site plan application, shall be subject to applicable infrastructure standards in this chapter.
C. Any applicant considering a subdivision of land should first determine if the subdivision is subject to or exempt from these standards. All subdivisions subject to these standards shall comply with the provisions in Section 6.12, Subdivision Standards, as well as any of the following applicable provisions.
D. Subdivisions (and site plans) that incorporate or rely on public infrastructure shall be subject to the various infrastructure-related provisions in this chapter such as those in Section 6.10, Streets, Section 6.8, Sidewalks, Section 6.14, Utilities and Infrastructure, and Section 6.4, Greenways.
E. Lots within a proposed subdivision (or individual structures proposed as part of a site plan) may not be conveyed or occupied until all required public infrastructure is installed and accepted by the Town or made subject to a performance guarantee posted by the applicant as a promise to complete all required public infrastructure in accordance with Section 6.6, Performance Guarantees.
F. Subdivisions (or individual developments established without a prior subdivision of land) that include land or infrastructure elements to be owned or operated in common by the owners of the development shall establish and operate an owner's association in accordance with the standards in Section 6.5, Owners' Associations.
(Ord. 2020-36, passed 12-2-2019)
The purpose of this section is to establish standards for the subdivision of land and extension of public infrastructure in the Town's jurisdiction. More specifically, this section is intended to:
A. Provide for the orderly growth and development of the Town;
B. Maintain conditions essential to the public's health, safety, and welfare;
C. Facilitate the further re-subdivision of larger tracts into smaller parcels of lands and individual lots, where appropriate;
D. Coordinate the provision of streets within and contiguous to proposed subdivisions;
E. Provide for the dedication or reservation of rights-of-way, and easements, in accordance with the Town's adopted policy guidance; and
F. Ensure lots and public infrastructure are configured in ways that ensure public safety, easy maintenance, and good planning practice.
(Ord. 2020-36, passed 12-2-2019)
(Ord. 2020-36, passed 12-2-2019)
The following divisions of land shall be exempt from these subdivision standards:
A. Expedited subdivisions configured in accordance with Section 2.2.9, Expedited Subdivision;
B. Subdivisions exempted in accordance with Section 160D-802 of the North Carolina General Statutes; and
C. Court-ordered subdivisions that comply with Chapter 29 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)
No subdivision of land within the Town's jurisdiction, as defined in Section 9.4, Definitions, shall occur, and no lot or parcel created by such division of land may be sold or developed unless the division complies with the standards of this chapter as well as the applicable standards in Section 2.2.14, Preliminary Plat, or Section 2.2.10, Final Plat, as appropriate.
(Ord. 2020-36, passed 12-2-2019)
A. Subdivisions of land subject to these standards shall be recorded in the office of the Wake County Register of Deeds following approval of the plat by the Town.
B. The owner of land or an authorized agent shall sign a statement on the plat prior to recordation that states whether or not all the land shown on the plat is within the Town's jurisdiction.
D. The Wake County Register of Deeds shall not file or record a subdivision plat for land located within the Town's jurisdiction without evidence that the division has been approved by the Town, or is not subject to this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
No street shall be accepted and maintained by the Town, nor shall any water or sewer be extended or connected, nor shall any permit be issued for a building or other improvement, on land where a subdivision plat is required until the requirements set forth in this article have been complied with.
(Ord. 2020-36, passed 12-2-2019)
A. Any owner of land (or their agent) who subdivides land in the Town's jurisdiction, or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the office of the Register of Deeds for Wake County shall be guilty of a Class I misdemeanor in accordance with Section 160D-807 of the North Carolina General Statutes.
B. The selling or transferring of land subject to these subdivision standards by any document other than a plat prepared subject to this Ordinance is a Class I misdemeanor in accordance with Section 160D-807 of the North Carolina General Statutes.
C. The Town may enjoin any illegal subdivision, transfer, or sale of land by action for injunction in accordance with Article 8: Enforcement.
(Ord. 2020-36, passed 12-2-2019 ; Ord. 2021-65, passed 5-3-2021)
The purpose and intent of this section is to provide landowners in the rural and suburban portions of the Town a development option that provides additional development flexibility to build on smaller lots when additional open space set-asides are provided, and the development is designed and located in a way that protects rural character, agricultural activities, or natural and historic features on the site. This is done in order to:
A. Conserve open land, including those areas containing productive agricultural soils, unique and sensitive natural features such as flood plains, wetlands, river and stream corridors, areas with mature deciduous trees, and watersheds;
B. Promote existing rural character particularly in areas visible from major roadways in the Town;
C. Retain and protect existing environmental, natural, and cultural resources;
D. Create a linked network of open lands; and
E. Provide reasonable economic use of the land.
(Ord. 2020-36, passed 12-2-2019)
A. Type of Development. This conservation subdivision option shall be limited to development of single-family detached residential dwellings on individual lots in subdivisions of more than five lots. The conservation subdivision option shall not be available for any other form of development or use type.
B. Where Allowed. Single-family detached residential subdivisions of more than five lots in the RLL, R2, and R4 districts may be developed as a conservation subdivision, in accordance with the standards in this section.
C. Where Prohibited. The conservation subdivision option is not available for use in the R6, RMF, OI, or other commercial districts.
(Ord. 2020-36, passed 12-2-2019)
Development utilizing the conservation subdivision option shall be approved as a preliminary plat in accordance with the procedures and standards in Section 2.2.14, Preliminary Plat, after approval of a conservation and development plan in accordance with this section.
A. Conservation and Development Plan. Prior to review of an application for preliminary plat for a conservation subdivision, an applicant shall have a conservation and development plan for the land reviewed and approved, or approved with conditions by the Planning Director in accordance with this section and the standards of Section 6.2.4, Conservation Subdivision Standards, and Section 6.2.5, Delineation of Conservation and Development Areas.
B. Conservation and Development Plan Requirements.
1. Step 1 - Site Analysis Map. The applicant shall prepare a site analysis map that provides information about existing site conditions and context, and that analyzes existing conditions both on the land proposed for the development site and on land within 500 feet of the site, and submit the site analysis map to the Planning Director. It is the intent of this section that the information required to be presented in the site analysis map be produced primarily from existing sources, maps, in order to ensure the process is economical for the applicant.
2. Step 2 - Site Inspection. After receipt of the site analysis map, the Planning Director shall schedule a site inspection of the land with the applicant. The applicant or the applicant's representative shall attend the site inspection with a Town staff member. The purpose of this site visit is to:
a. Familiarize the staff with the existing site conditions and natural and historic features of the site;
b. Identify potential site development issues, including the best location for the development to ensure its visibility from surrounding areas and major roadways is minimized; and
c. Provide an opportunity to discuss site development concepts, including the general layout of conservation areas and potential locations for proposed structures, utilities, streets, and other development features. Comments made by the staff during the site inspection shall be interpreted as being only suggestive. No official decision on the conservation and development plan shall be made during the site inspection.
3. Step 3 - Conservation and Development Areas Map. Based on the site analysis map and the information obtained during the site inspection, the applicant shall prepare a conservation and development areas map that
depicts proposed primary conservation areas, secondary conservation areas, and development areas, in accordance with Section 6.2.5, Delineation of Conservation and Development Areas.
4. Step 4 - Conservation and Development Plan. Based on the site analysis map, the information obtained during the site inspection, and the conservation and development areas map, the applicant shall prepare and submit to the Planning Director a conservation and development plan. The conservation and development plan shall include the following:
a. A site analysis map;
b. A conservation and development areas map; and
c. A preliminary site improvements plan, showing proposed site development, including utilities, streets, other development features, buffers (if applicable), and lot lines located in the proposed development area(s).
D. Review and Approval of Conservation Subdivision. Following review and approval or approval with conditions of the conservation and development plan by the Planning Director for a preliminary plat of the conservation subdivision shall be submitted and reviewed in accordance with Section 2.2.14, Preliminary Plat.
(Ord. 2020-36, passed 12-2-2019)
A conservation subdivision shall comply with the following standards:
A. Location. Conservation subdivisions shall be configured to minimize their visibility from adjacent lands and major roadways.
B. Minimum Project Size. Consecrations subdivisions shall be at least 10 acres in area.
C. Required Conservation Area.
1. The required conservation area shall occupy at least 50 percent of the total acreage of the conservation subdivision site, but nothing shall limit it from occupying more than 50 percent of a conservation subdivision site.
2. The conservation area shall be considered open space set-aside subject to the applicable standards in Section 5.7, Open Space.
D. Maximum Residential Density. A conservation subdivision shall be limited to the maximum density for a conservation subdivision in the zoning district in which it is located. Nothing shall prevent a conservation subdivision from increasing the maximum allowable residential density in accordance with Section 5.12, Sustain ability Incentives.
E. Dimensional Requirements. Conservation subdivision lots shall comply with the dimensional standards for the zoning district where located. Conservation subdivisions in a PD district shall comply with the dimensional requirements specified in the PD Master Plan.
F. Setbacks.
1. Conservation subdivision lots shall comply with the setback requirements for the zoning district where located.
2. Conservation subdivision lots in the PD district shall comply with the setback requirements specified in the PD Master Plan.
3. Lots in a conservation subdivision shall comply with required setbacks from streets, wetlands/surface waters, or other protected natural areas.
G. Maximum Lot Coverage.
1. Conservation subdivision lots shall comply with the maximum lot coverage requirements for the zoning district where located.
2. Conservation subdivision lots in the PD district shall comply with the maximum lot coverage requirements specified in the PD Master Plan.
H. On-Site Wastewater. With approval from the appropriate county health department, individual septic systems and drain lines may be located within the conservation area, provided:
1. Easements shall be recorded showing the location of systems within conservation area;
2. Restrictive covenants shall provide for access, maintenance, and upkeep of systems located in the conservation area; and
3. All septic systems shall be operated in compliance with State and local regulations.
I. Grading. In order to promote land development practices that maximize the preservation of natural vegetation, minimize disturbance to vegetation and soils, limit alteration of the natural topography, minimize surface water and ground water runoff and diversion, minimize the need for additional storm drainage facilities, reduce sedimentation in surrounding waters and promote land development and site planning practices that are responsive to the town's scenic character without preventing the reasonable development of land; the initial clearing and grading of all conservation subdivisions shall be limited to dedicated public rights-of-way and easements for the installation of streets, utilities, and other infrastructure. All grading activities shall be done in accordance with all applicable federal, state and local laws, rules and regulations, including those pertaining to air and water pollution and noise control.
1. Infrastructure. Grading for infrastructure improvements (streets, sidewalks, curb, gutter, water, sewer, utilities, stormwater, spoil and borrow areas, etc.) shall be phased according to the Master Plan. Prior to proceeding to another phase, the developer shall stabilize the present phase with adequate ground cover sufficient to restrain erosion and have all infrastructure installed.
2. Lots. Grading of individual lots within any conservation subdivision shall not begin without having first obtained a building permit from the Town of Zebulon and shall be limited to those areas comprising the building footprint, driveway and a minimal area surrounding the building footprint to accommodate construction equipment.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-44, passed 11-2-2020)
The conservation area and development area on the conservation and development areas map shall comply with the following standards:
A. Primary Conservation Areas.
1. Features to be Preserved. The following features shall be located and delineated on the conservation and development areas map, and shall be preserved in the following priority order as primary conservation areas:
a. Areas with existing mature trees around the perimeter of the site;
b. U.S. Army Corps of Engineers designated 404 wetlands;
c. Riparian buffers and other lands within 50 feet of estuarine or other surface waters;
d. Areas with impermeable soils; and
e. Habitat utilized by endangered or threatened species or designated Natural Heritage Areas.
2. Amount to be Preserved. All areas occupied by features comprising a primary conservation area shall be set aside and reserved for conservation purposes in accordance with the following standards:
a. Primary Conservation Area is less than Minimum Required. In cases where the geographic area occupied by all features comprising the primary conservation area is less than the minimum required conservation area, then all lands comprising the primary conservation area shall be set aside.
b. Primary Conservation Area Exceeds the Minimum Required.
i. In the event the geographic area of all features identified and prioritized as the primary conservation area results in a primary conservation area exceeding the conservation area requirement, priority for retention shall be given to the highest quality portion of the features to be conserved. (For example, conservation of the first type of prioritized features constitute 47 percent of a site, and the next prioritized feature consists of five percent and the minimum required conservation area is 50 percent of the site area, the applicant may identify which portions of the features exceeding the 50 percent conservation area requirement will be designated for conversion to development area).
ii. Development on lands made available for conversion to development area shall be in accordance with the standards in this Ordinance.
3. Allowable Uses. Uses located within a primary conservation area shall be limited to:
a. Pervious pedestrian trails, walkways, and boardwalks;
b. Above ground and below ground public utilities and associated easements, provided no feasible alternative exists;
c. Street or driveway crossings, provided such crossings do not violate this Ordinance, or other State or federal laws;
d. Stormwater management systems, where no practicable alternative exists; and
e. Docks and other water-dependent features, as allowed in this Ordinance.
B. Secondary Conservation Areas.
1. Features to be Preserved. In addition to primary conservation areas, the conservation and development areas map shall also identify secondary conservation areas, which shall be preserved in the following priority order:
a. Historic, archeological, and cultural resources;
b. Prime agricultural lands, including existing pastures (whether in use or otherwise);
c. Existing and mature woodland forests, natural fields, and meadows (especially those greater than five acres);
d. Scenic corridors and views; and
e. Areas that could serve to extend existing greenways, trails, parks, or recreation areas.
2. Amount to be Preserved. All areas occupied by features comprising a secondary conservation area shall be set aside and reserved as a part of the conservation area in accordance with the following standards:
a. Primary Conservation Area Occupies More than that Required. In the event that the geographic area set aside as the primary conservation area is more of the required conservation area, no additional lands occupied by secondary conservation features shall be required to be included in the conservation area.
b. Primary Conservation Area Occupies Less than that Required. In the event the geographic area set aside as the primary conservation area is less than the required conservation area, then lands containing secondary conservation features shall also be set aside as part of the conservation area in priority order.
3. Allowable Uses. Uses located within a secondary conservation area shall be limited to:
a. All uses allowed in a primary conservation area;
b. Uses allowed in the Agricultural Use classification in Table 4.2.3, Principal Use Table;
c. Individual water supply and septic systems;
d. Stormwater management facilities;
e. Required drainage or other utility easements; and
f. Mitigation of development activities, including restoration of disturbed or degraded areas to enhance habitat and scenic value.
C. Ownership of Conservation Areas.
1. Landowner or Association. A conservation area shall be owned jointly or in common by the owners of the development or through a recognized homeowners' or property owners' association, which shall be established in accordance with Section 6.5, Owners' Associations.
2. Nonprofit Organization. The landowners may decide to convey a conservation area to a nonprofit organization such as a land trust or land conservancy for management and maintenance if the Town is provided adequate assurance the area will be properly managed and maintained.
3. Dedicated to Town or Other Public Agency. In some cases, certain lands designated as conservation areas, such as greenways, may be dedicated to the Town, a nonprofit organization, or other public agency during the development review process, at the landowner's discretion. If offered by the landowner, the Town Council shall determine whether that land is appropriate for dedication to the Town or other public agency.
4. Development Areas. After identifying the primary and secondary conservation areas, the development area shall be identified. It is the area within which development may occur, and shall include the area within the site where:
a. Any clearing or grading activities will take place in accordance with Section 6.2.4I;
b. Ingress and egress will be located;
c. Individual or community wells and septic systems may be located (if not located within the secondary conservation area);
d. Streets, utilities, and other similar structures will be located; and
e. All allowable uses may be located.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-44, passed 11-2-2020)
Conservation subdivisions shall be configured to:
A. Protect and preserve all floodways and wetlands;
B. Preserve and maintain mature woodlands, existing fields, pastures, meadows and orchards and creates sufficient buffer areas to minimize conflicts between residential and other uses;
C. Locate development outside of prime agricultural soils, to the maximum extent practicable;
D. Ensure the appearance of development is minimized, to the maximum possible extent;
E. Design around existing hedgerows and tree lines between fields or meadows;
F. Leave scenic views and vistas unblocked or uninterrupted, particularly as seen from streets;
G. Avoid siting new construction on prominent rises or highly visible areas by taking advantage of lower topographic features;
H. Protect wildlife habitat areas of species listed as endangered, threatened or of special concern by NCDEQ;
I. Preserve sites of historic, archaeological, or cultural value (including spring houses, barn foundations, cellar holes, earthworks, burial grounds and similar features);
J. Include a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system; and
K. Consolidate open space into areas that are contiguous, to the maximum extent practicable.
(Ord. 2020-36, passed 12-2-2019)
The purpose for this section is to establish a procedure and standards for instances where an applicant and the Town agree that a payment-in-lieu of dedication or construction of infrastructure by the applicant is appropriate and in closer alignment with the Town's adopted policy guidance of capital improvement program.
A. Required by Town.
1. In cases where the Planning Director determines that installation of a required sidewalk, greenway, bikeway, or other roadway improvement could conflict with another Town, State, or federal infrastructure project that is planned or programmed to begin construction within five years, the applicant or developer shall be required to submit a fee in-lieu of the required infrastructure element(s).
2. Notification of the requirement for provision of a fee-in-lieu shall be in writing, and shall be delivered to the applicant or developer prior to the notice of decision on the associated application.
3. Upon receipt of notification, and applicant shall provide the required fee-in-lieu in accordance with Section 6.3.2.B.4, Acceptance of Fee-in-Lieu.
4. In the event the conflict necessitating the fee-in-lieu is eliminated prior to final approval, the fee-in-lieu shall be refunded and the applicant or developer
shall be required to dedicate the required land or perform the required installation. The developer or applicant may request the Town retain the funds in accordance with Section 6.3.2.B, Requested By Applicant.
B. Requested by Applicant. In cases where an applicant or developer desires to receive final approval of development under this Ordinance without providing land or infrastructure as required, the process for requesting such approval shall be in accordance with this section.
1. File Request.
a. An applicant seeking the ability to provide a fee-in-lieu of making a required dedication or constructing required infrastructure shall file a written request with the Planning Director prior to the rendering of a decision on the associated application by the appropriate review authority (see Table 2.2, Application Review Procedures).
b. The request shall include the reasons for the request, the rationale why a fee-in-lieu is in closer alignment with the Town's adopted policy guidance, and the estimated value of the land that would otherwise be dedicated or the estimated cost of completion of the infrastructure in question, based on current unit prices.
2. Staff Review.
a. Upon receipt of the request, the Planning Director shall review the information and notify the applicant if the information provided is sufficient.
b. The Planning Director shall forward the request along with any supporting information provided by Town staff to the Technical Review Committee in the event the TRC wishes to consider the request.
3. Decision by Planning Director.
a. The Planning Director shall decide the request in accordance with the Town's adopted policy guidance and Section 6.3.4, Review Standards for Fee-ln-Lieu.
b. The decision shall be to either accept the request for provision of fee-in-lieu as offered, accept a modified request for provision of fee-in-lieu, or deny the request for provision of fee-in-lieu.
4. Acceptance of Fee-in-Lieu.
a. In cases where a fee-in-lieu is required by the Town or a request for provision of a fee-in-lieu is accepted by the Planning Director, payment of a fee-in-lieu shall take place prior to the approval of a final plat or issuance of the final approval associated with the subdivision.
b. All fees collected by the Town pursuant to this section shall be deposited in Town's revolving fund for purchase of recreation land, installation of vegetation, or installation of required infrastructure (whether streets, sidewalks, bikeways, or other infrastructure, as appropriate).
c. Use of funds collected in accordance with this section shall only take place in the general vicinity of where funds are collected and may only be used for the purchase of in-kind lands or the same type of infrastructure in accordance with all applicable State and federal law.
d. The Planning Director shall maintain records of the amounts collected, the timing, and the location, which shall be used by the Town as part of its capital facilities program.
(Ord. 2020-36, passed 12-2-2019)
A. Land.
1. The fee-in-lieu shall be calculated based upon the total acreage of land required for dedication.
2. The land's assessed value (as determined by the Wake County Tax Assessor) following subdivision shall be used to arrive at the required payment-in-lieu amount.
B. Infrastructure.
1. The amount of fee-in-lieu shall be based on an estimate by a professional engineer licensed by the State of North Carolina.
2. The estimate shall include the cost of all materials and labor based on current unit prices.
3. Nothing shall prevent the Planning Director from acquiring an additional estimate for the same infrastructure from another professional engineer licensed by the State of North Carolina.
4. The Planning Director may select the estimate that will form the basis for the fee-in-lieu payment.
C. Vegetation. In cases where a fee-in-lieu is proposed for the installation of vegetation, the fee amount shall be based upon the unit price of the vegetation along with all associated labor, transportation, and incidental costs such as ground cover, staking, and fertilizer, but not irrigation.
(Ord. 2020-36, passed 12-2-2019)
In determining whether to accept a request for payment of fee-in-lieu, the Planning Director may rely on any of the following review criteria.
A. Park Land.
1. There is sufficient public park land in proximity to the proposed development based on a review of the Town's adopted policy guidance and information from Town staff;
2. Private common open space resources provided on the subject site will be available for public use and will mitigate park land needs created by the proposed development;
3. Collected funds could be utilized to further improve an existing park facility in a proximate location;
4. The topography or other natural conditions of the site do not provide adequate opportunities for on-site recreation and park areas;
5. The amount of park land to be dedicated is too small to provide adequate recreation and park opportunities or to be efficiently maintained;
6. The intended location of the park land is too far from existing recreation and park areas to be efficiently maintained; or
7. Adequate access is not available to the proposed park land.
B. Greenway Land.
1. The conditions on the land make installation or operation of a greenway segment impossible or cost prohibitive for the Town;
2. The potential for the connection of a proposed greenway segment to the Town's greenway network is unlikely within the foreseeable future, in the opinion of Town staff; or
3. There are suitable alternatives to a greenway segment, such as a multi-purpose trail, in close proximity to the proposed site.
C. Streets.
1. The proposed street alignment creates a unacceptable environmental impact; or
2. The proposed street is impossible or impractical to build based on topography, slope, soil conditions, or development patterns on adjacent lands.
D. Sidewalks.
1. The potential for the connection of a proposed sidewalk segment to the Town's sidewalk network is unlikely within the foreseeable future, in the opinion of Town staff; or
2. There are suitable alternatives to a sidewalk, such as a greenway, in close proximity to the proposed site.
E. Vegetation.
1. The proposed location of vegetation will not support healthy vegetation due to shading or topographic conditions
2. The site where vegetation is proposed is incapable of supporting additional vegetation due to the presence of exiting vegetation, buildings, or impervious surfaces.
(Ord. 2020-36, passed 12-2-2019)
A. Whenever a tract of land included within any proposed subdivision, site plan, or planned development master plan includes any part of a greenway designated in the Town's Greenway Plan or other adopted policy guidance, the greenway shall be platted and dedicated to the Town as a greenway easement.
B. Greenways shall be constructed as part of the required infrastructure serving a site or a subdivision.
(Ord. 2020-36, passed 12-2-2019)
Only proposed greenways that may cause conflicts with other Town, State, or federal infrastructure projects may be subject to the requirements for fee-in-lieu provision in accordance with Section 6.3, Fee-in-Lieu.
(Ord. 2020-36, passed 12-2-2019)
Land that is dedicated in fee-simple interest to and accepted by the Town for the expressed purpose of establishing a public greenway shall be credited toward the donating parcel, lot, or tract area for the purpose of calculating the density of development and area coverage calculations though no longer part of the parcel.
(Ord. 2020-36, passed 12-2-2019)
Land area dedicated to the Town for use as a greenway shall be credited towards applicable active, passive, and urban open space set-aside requirements in Section 5.7, Open Space.
(Ord. 2020-36, passed 12-2-2019)
The purpose of this section is to set out the requirements for establishment of a homeowners' or property owners' association (hereinafter "association") that shall be responsible for the long-term maintenance of common areas, common features, and private infrastructure in a subdivision.
(Ord. 2020-36, passed 12-2-2019)
The standards in this section shall apply to subdivisions with open space set-aside(s), lands held under common ownership, or shared responsibility for common infrastructure where the subdivider or developer will not remain responsible for maintenance of any of the following lands or infrastructure:
A. Stormwater control mechanisms;
B. Private potable water systems;
C. Private sewage system features (such as pump stations serving only the development where located);
D. Cluster mailbox units;
E. Commonly-held off-street parking facilities; and
F. Open space set-asides.
(Ord. 2020-36, passed 12-2-2019)
A. In cases where a landowner or subdivider will not retain maintenance responsibility of all lands and site features in a development, a homeowners' or property owners' association shall be established in areas that have private open space set-asides or shared private infrastructure.
B. Associations established in accordance with these provisions are required to accept ownership and maintenance responsibility of all open space set-aside(s), shared infrastructure, or common areas within a development.
C. The association shall be in legal existence prior to the transfer of maintenance responsibility.
(Ord. 2020-36, passed 12-2-2019)
Upon transfer of maintenance responsibility, the association shall be responsible for:
A. Liability insurance and payment of premiums for liability insurance and local taxes;
B. Maintenance of all common elements including, but not limited to, private utilities, private drives, private sidewalks and trails, private streetlights, and private common recreation facilities shown on the preliminary and final plats;
C. Maintenance of public streets until such time as the Town or NCDOT agrees to accept the responsibility for street maintenance; and
D. Maintenance of a fund intended for the maintenance and repair of community facilities.
(Ord. 2020-36, passed 12-2-2019)
B. The association shall be established by the subdivider prior to transfer of maintenance responsibility.
(Ord. 2020-36, passed 12-2-2019)
A. The association documents submitted to the Town for review and approval shall include, but not be limited to, the following:
1. A declaration of all restrictive covenants, if proposed;
2. A declaration of all deed restrictions, if proposed;
3. A declaration that the association is responsible for liability insurance and all applicable taxes;
4. A declaration of common ownership and maintenance responsibilities of all on-site improvements not dedicated to a local or state agency, including but not limited to drainage systems, wastewater systems, open space set-aside areas, recreational facilities, and private infrastructure;
5. A description of the structural organization and operating procedures of the association;
6. Association by-laws;
7. A legal description of all open space set-asides and other lands owned in common;
8. Provisions establishing the legal authority of the association to maintain control over all common areas, common features, and private infrastructure in the subdivision, following transfer of control by the subdivider;
9. Provisions authorizing the association to compel contributions from owners in the development to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure;
10. Provisions authorizing the association to increase the amount of mandatory fees or assessments, when necessary, for the continued maintenance of common areas, common features, or private infrastructure;
11. Provisions authorizing the association to convert any member's unpaid assessments into a lien on the real property; and
12. Evidence related to the establishment of a fund to support the continued maintenance and upkeep of common areas, common features, and private infrastructure.
B. Following approval of the required documentation by the Town, the subdivider shall record all required documentation with the Wake County Register of Deeds.
(Ord. 2020-36, passed 12-2-2019)
A. Following establishment of the association by the subdivider, membership in the association shall be automatic and mandatory for all purchasers of land within the subdivision and their successors in title.
B. All members of an association shall be responsible for contributions to the association's reserve fund to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure.
(Ord. 2020-36, passed 12-2-2019)
The subdivider shall be responsible for maintenance of all common areas, common features, and private infrastructure until maintenance responsibility is transferred to the association in accordance with the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
Failure to maintain common areas, common features, or infrastructure is a violation of this Ordinance and is subject to the penalties and remedies in Article 8: Enforcement.
(Ord. 2020-36, passed 12-2-2019)
These standards create the additional flexibility necessary for development to be occupied or for lots in a subdivision to be conveyed prior to completion of all required infrastructure or site improvements, provided funds have been reserved for completion of these features. These provisions ensure that funds are available for the Town's use to complete required pubic infrastructure or private site features in the event an applicant or developer is unable to do so.
(Ord. 2020-36, passed 12-2-2019)
A. The following facilities and site features may be eligible for performance guarantees at the discretion of the Town:
1. Public Facilities. The following forms of public infrastructure may be completed subject to a performance guarantee:
a. Sidewalks;
b. Greenways;
c. Multi-use paths; or
d. The final lift of asphalt on a street.
2. Private Site Features.
a. The following forms of private site features may be completed subject to a performance guarantee:
i. Required landscaping;
ii. Private stormwater management facilities; and
iii. Reforestation activity (see Section 5.9.4.B, Reforestation Standards).
b. All other required site features shall be completed prior to issuance of a certificate of occupancy for the development.
B. Performance guarantees shall be configured and managed in accordance with the standards in this section.
(Ord. 2020-36, passed 12-2-2019)
The following infrastructure facilities are not eligible for performance guarantees, and shall be completed and dedicated to the Town prior to approval of the final plat:
A. Potable water;
B. Sanitary sewer;
C. Public stormwater management facilities;
D. Curb and gutter;
E. Street signs, traffic control signals, and
F. Street lights.
(Ord. 2020-36, passed 12-2-2019)
A. The applicant shall determine the form(s) of the performance guarantee, which shall be provided in one or more of the following forms:
1. Cash or Irrevocable (Evergreen) Letter of Credit.
a. The developer shall deposit cash or an irrevocable (or "evergreen") letter of credit either with the Town or in escrow with a North Carolina financial institution.
b. If cash or other instrument is deposited in escrow with a financial institution, an agreement between the financial institution and the developer shall be filed with the Town guaranteeing the following:
i. That the escrow account shall be held in trust until released by the Town and may not be used or pledged by the developer for any other matter during the term of the escrow; and
ii. That in case of a failure on the part of the developer to complete or repair the improvements, the financial institution shall, upon notification by the Town, immediately pay the funds deemed necessary by the Town to complete or repair the improvements up to the full balance of the escrow account, or deliver to the Town any other instruments fully endorsed or otherwise made payable in full to the Town.
iii. The financial institution holding the cash or other instrument shall indicate to the Town its notification requirements for release or payment of funds.
2. Surety Bond.
a. The developer shall obtain a surety bond from a surety bonding company authorized to issue surety bonds in North Carolina.
b. The bond shall be payable to the Town and shall be in an amount as required by this subsection.
3. Other Guarantee. The developer may provide another form of guarantee that provides equivalent security to a surety bond or letter of credit, as determined by the Town Attorney.
B. The performance guarantee shall distinguish between the portion of the guarantee provided for public infrastructure improvements as well as the portion of the guarantee provided for private site improvements, if applicable.
C. The performance guarantee shall be conditioned on the performance of all work necessary to complete the installation of the required improvements within the term of the guarantee.
(Ord. 2020-36, passed 12-2-2019)
A. Guarantees Associated with Reforestation or Landscaping. The Planning Director shall process, review, and decide performance guarantee requests associated with reforestation or landscaping.
B. Guarantees Associated with Public Infrastructure. The Town Engineer shall process, review, and decide performance guarantee requests associated with public infrastructure.
C. Guarantees Associated with Stormwater. The Stormwater Administrator shall process, review, and decide performance guarantee requests associated with stormwater-related provisions.
(Ord. 2020-36, passed 12-2-2019)
A. Generally. Performance guarantees shall be in an amount equal to 125 percent of the estimated cost of completing the installation of the required improvements, including the costs of materials, labor, and project management.
B. Estimated Costs. Estimated costs of completing installation of required public improvements, landscaping or reforestation, or stormwater measures shall be itemized by improvement type and certified by the developer's licensed professional engineer that is consistent with the NCDOT Bid Tab Average for the year in which the guarantee is requested, and is subject to approval in accordance with Section 6.6.6, Administration of Guarantees.
C. Renewal. If a performance guarantee is renewed, the appropriate Town official (see Section 6.6.6, Administration of Guarantees) may require the amount of the performance guarantee be updated to reflect changes in cost over time.
(Ord. 2020-36, passed 12-2-2019)
A. Release Requested. The appropriate Town official (see Section 6.6.6, Administration of Guarantees) shall release or reduce a performance guarantee only after:
1. The owner or developer has submitted to the Town a written request for a release or reduction of the performance guarantee that includes certification by the owner's or developer's engineer or contractor, whichever is appropriate, that installation of the guaranteed improvements has been completed in accordance with approved plans and specifications, and as-builts (if applicable);
2. Town staff has performed an inspection of the improvements and certified in writing that installation of the guaranteed improvements is completed in accordance with approved plans and specifications; and
3. No release or reduction in performance guarantee amounts will be considered until more than 25 percent of the work is in place and approved.
B. Acceptance shall be Documented. The appropriate Town official (see Section 6.6.6, Administration of Guarantees) shall provide written notice of the Town's final acceptance of the improvements subject to performance guarantees.
(Ord. 2020-36, passed 12-2-2019)
A. Notice of Failure to Install or Complete Improvements. If the owner or developer fails to complete installation of the guaranteed improvements within the term of the performance guarantee (as may be extended), the appropriate Town official (see Section 6.6.6, Administration of Guarantees) shall give the owner or developer 30 day's written notice of the scope and degree of the default, by certified mail.
B. Town Completion of Improvements. After the 30-day notice period expires, the Town may draw on the guarantee and use the funds to perform the work necessary to complete installation of the guaranteed improvements. After completing such work, the Town shall provide a complete accounting of the expenditures to the owner or developer. In the event of a default triggering the use of the performance guarantee, the Town shall return any of the unused deposited cash funds or other security.
(Ord. 2020-36, passed 12-2-2019)
A. Public Improvements. Upon completion of a public infrastructure project, the developer shall certify to the Town Engineer that the completed project has been constructed in accordance with the approved plans and shall submit actual "as built" plans for all public improvements after final construction is completed.
B. Stormwater Management Facilities. Upon completion of a private stormwater management facility, the developer shall certify to the Stormwater Administrator that the completed project is in accordance with the approved plans and shall submit actual "as built" plans after final construction is completed. The plans shall show the final design specifications for all improvements and the field location, size, depth, and related measures, controls and devices, as installed. The designer shall certify, under seal, that the as-built design, measures, controls, and devices are in compliance with the approved plans and with the requirements of this Ordinance.
C. Inspection Required. A final inspection and approval by the appropriate Town official (see Section 6.6.6, Administration of Guarantees) shall occur before the release of the performance guarantee.
(Ord. 2020-36, passed 12-2-2019)
A. If a proposed subdivision of 40 or more lots includes a school site that is designated in the Land Use Plan (in accordance with Section 160D-804 of the North Carolina General Statutes) or some other long range document adopted by the Board of Commissioners, the Town shall immediately notify the Wake County Board of Educatio
B. If the Board of Education determines the school site does not need to be reserved, it shall not be required as part of the subdivision.
C. If the Board of Education determines the school site needs to be reserved to accommodate a new school, the subdivision shall not be approved without reservation of the school site. If the school site is reserved, the Board of Education must acquire the site within 18 months after the date the site is reserved, or the subdivider may treat the reservation as null and void as authorized by Section 160D-804 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
Subdivisions of land for 30 or more single-family residential lots shall be required to dedicate a portion of land, or pay a fee-in-lieu thereof, for public parkland, in accordance with the standards of this section.
A. Dedication Amount.
1. Single-family residential subdivisions of 30 or more lots shall dedicate 1,000 square feet of land per residential lot to the Town for its use in developing public parkland.
2. No credit towards required parkland dedication is given for 404 wetlands or other lands mandated for preservation by federal or state requirements.
3. No more than 25 percent of the total dedication requirement may be met through dedication of water areas.
B. Procedure for Dedication or Payment.
1. The developer shall identify land proposed for dedication on the preliminary plat, or propose payment of an in-lieu fee as part of the application for approval of a preliminary plat.
2. The Board of Commissioners shall review the proposed application and determine if it complies with the standards in Section 6.7.2.C, Nature of Area to be Dedicated, or Section 6.3, Fee-in-Lieu, as appropriate. The decision to accept dedication or payment-in-lieu is up to the sole discretion of the Board of Commissioners.
3. Land shall be dedicated prior to recording the first final plat for the subdivision, or the payment-in-lieu shall be paid prior to recording the first final plat for the subdivision for which the payment-in-lieu is paid.
C. Nature of Area to be Dedicated. All lands proposed for dedication as recreation and park areas shall meet the following standards:
1. Unity. The dedicated land shall be a single parcel of land, whether the subdivision is developed in phases or sections, except where it is determined by the BOC that multiple parcels would better serve Town residents.
2. Usability. Public parkland must be flat, well-drained, usable land for a park, as determined by the BOC. In cases where dedication includes an area of water, public access to all portions of a water feature shall be provided and maintained, regardless of water feature's size.
3. Shape. The dedicated land shall be of a shape that supports gathering and recreation activities.
4. Location.
a. The dedicated parkland shall be located so it can reasonably serve the park needs of the residents of the subdivision and immediate area.
b. The BOC may require that the land dedicated be located on the periphery of the development in order to allow enlargement by combining the recreation and park area with adjacent development or park facilities, existing or planned.
5. Access.
a. All dwelling units in the subdivision and residents in the immediate area shall have access to and from the parkland provided by means of streets and public walkways or trails.
b. Rights-of-way for this access shall be shown on the preliminary and final plats.
c. All dedicated lands shall have access by way of a street. Such access can be provided when the dedicated land is adjacent to existing or proposed public parkland with street access.
(Ord. 2020-36, passed 12-2-2019)
Sidewalks are required in accordance with the Town's Pedestrian Plan and the following standards:
A. Both sides of the street.
1. Sidewalks shall be provided along both sides of all streets in the residential, mixed-use, and NC, GC, and HC districts.
2. Sidewalks shall be provided along both sides of all principal or minor arterial streets, regardless of the zoning district where located.
B. One side of the street.
1. Sidewalks, at a minimum, shall be required on one side of the street in the LI, IC, and HI districts.
2. When sidewalks are required on one side of the street, they shall generally be located on the side of the street to best continue existing sidewalk networks, if present.
3. On local streets within a conservation subdivision;
4. Where there is no clear preferable street side for the placement of a sidewalk, the sidewalk shall be placed on the street side where it is least likely to have a negative impact on stormwater management, in the opinion of the Planning Director.
C. No sidewalks required. No sidewalks shall be required in the following locations:
1. In the R1 district;
2. Along alleys and accessways to individual lots not served by a street;
3. Where an existing or proposed all-weather surface trail or pedestrian pathway can provide an equivalent level of pedestrian circulation; and
4. In cases where environmental or topographic conditions make required sidewalk provision impossible, an alternative design shall be considered by the Planning Director.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-45, passed 11-2-2020)
A. Sidewalks shall be at least four feet in width and configured in accordance with the Town of Zebulon's specifications.
B. Sidewalks and pedestrian pathways shall connect with existing or planned sidewalks at property boundaries.
C. New nonresidential, mixed-use, and multi-family development shall provide at least one on-site improved connection between the development and the adjacent public sidewalk system (planned or existing).
D. Whenever curb and gutter construction is used on public streets, wheelchair ramps for the disabled, configured in accordance with Town or NCDOT standards, as applicable, shall be provided at intersections and other major points of pedestrian flow in accordance with Section 136-44.14 of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
Only those proposed sidewalks that may cause conflicts with other Town, State, or federal infrastructure projects may be subject to the requirements for fee-in-lieu provision in accordance with Section 6.3, Fee-in-Lieu.
(Ord. 2020-36, passed 12-2-2019)
A. To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting human-made drainage ways shall remain undisturbed.
B. To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting human-made drainage ways within subdivisions to avoid creation of lots that can be built upon only by altering the drainage ways.
(Ord. 2020-36, passed 12-2-2019)
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