HomeMy WebLinkAboutSubdivision Regulations-BERTIE COUNTY
SUBDIVISION REGULATIONS
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TABLE OF CONTENTS
I".
.; -Purpose
II.
'Jurisdiction
:III.
Authority
IV.
Service and Permits
V.;.
Terms of Approval '
VI.
Penalties
IVII.
Duty of Register of Deeds
Duty -of Clerk of Court
VIII.
Separability'
IX.
Compliance with Official Plans
X.
Exceptions and Variations
XI.
Definitions
M.
,Procedures for Plat Approval
Sketch Design Plan
Preliminary Plat
Final Plat
XIII.
Design Standards
XIV.
Plat Requirements
Sketch Design Plan
Preliminary Plat
Final Plat
XV.
Improvements
ARTICLE I
Purpose
The purpose of these regulations is to guide the subdivision of land
within the jurisdiction of Bertie County in order to promote the
public health, safety and general welfare of the community. They are
designed to lessen congestion in the streets and highways; to further
the orderly layout and use of land; to insure proper legal descrip—
tion and proper monumentation of subdivided land; to secure safety
from fire, flood, panic and other dangers; to provide adequate light
and air; to prevent the overcrowding of land and avoid undue con—
centration of population; to facilitate adequate provisions for
transportation, water, sewerage, parks, schools, playgrounds and
other public requirements; and to facilitate the further re —
subdivision of larger tracts into small parcels of land.
ARTICLE II
Jurisdiction
On and after the date of enactment these regulations shall govern
each and every subdivision of land lying within Bertie County and
outside the boundary or extraterritorial jurisdiction of any
municipality, and area within the jurisdiction of any municipality
whose governing body by resolution agrees to these regulations.
ARTICLE III
Authority
Bertie County hereby exercises its authority to make and adopt
subdivision regulations under provisions pursuant to Chapter 153A,
Article 18 of the General Statues of North Carolina.
ARTICLE IV
Service and Permit
No street shall be recommended for acceptance for maintenance by the
North Carolina Department of Transportation nor shall any permit be
issued by an administrative official of Bertie County for the
construction of any building or other improvement requiring a permit,
upon any land concerning which a plat is required to be approved,
unless and until the requirements set forth in these regulations have
been complied with and same approved by the planning commission.
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ARTICLE V
Terms of Approval
The approval of a plat pursuant to these regulations shall not be
deemed to constitute or effect the acceptance by Bertie County or the
public, of the dedication of any street or other ground, public
utility line, or other public facility shown on the plat.
ARTICLE VI
Penalties
Any person who, being the owner or agent of the owner of any land
located within the platting jurisdiction of Bertie County, as defined
herein, thereafter transfers or sells any such land as a subdivision,
as defined herein, without such subdivision of land having been
platted and approved under these regulations and recorded in the
office of the Register of Deeds of Bertie County shall be guilty of a
misdemeanor as established by G.S. 153A-334. The description by
metes and bounds in the instrument of transfer or other document used
in the process of selling or transferring shall not exempt the
transaction from such penalties as the courts may exact. The County,
through its County Attorney or other official designated by the Board
of County Commissioners, may enjoin such illegal transfer or sale by
action for injunction.
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ARTICLE VII
Duties of the Register of Deeds and Clerk of Court
Bertie County shall file a copy of these regulations with the
Register of Deeds of Bertie County. The Register of Deeds shall not
thereafter file or record a plat of subdivision located within the
platting jurisdiction of Bertie County without the approval of the
legislative body or its authorized agent as required in these
regulations. Neither shall the Register of Deeds record a deed or
other instrument of.conveyance regarding land located in a
subdivision within the platting jurisdiction of Bertie County as
defined herein unless a plat of the subdivision has been approved by
the legislative body of Bertie County or its authorized agent as
required in these regulations. The landowner shown on a subdivision
plat submitted for recording, or his authorized agent shall sign a
statement on the plat stating whether or not any land shown thereon
is within the platting jurisdiction of Bertie County as defined
-herein. The recording of a plat of a subdivision without the
approval of the legislative body or its authorized agent, as required
by these regulations, shall be null and void.
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The Clerk of the Superior Court of Bertie County shall not order or
direct the recording of a plat where such recording would be in
conflict with this article.
ARTICLE VIII
Separability
Should any section or provision of these regulations be for any
reason held void or invalid by the courts, it shall not affect the
validity of any other,section or provision hereof which is not itself
held void or invalid.
Whenever the provision of any other law, ordinance or regulation
imposes higher standards than are required by the provisions of these
regulations, the provisions of such law shall govern.
ARTICLE IX
Compliance with Official Plans
Wherever a tract to be subdivided embraces any part of a street, road
or highway designated on official maps or in official plans for
Bertie County, such part of that proposed public way shall be platted
and dedicated by the subdivider in the location and dimensions
specified.
Subdivision and sale of land creates additional responsiblities for
Bertie County primarily in the provision of county services to new
residents to insure the orderly growth and development of the county
in accordance with general principles set forth in the county
policies, regulations and ordinances. It is recommended that the
subdivider dedicate or reserve open spaces for parks, schools, fire
station, and playgrounds to serve the people that will, in part, be
living in a newly developing area of the county. Upon acceptance of
the dedicated land to the county as shown on the final plat, Bertie
County agrees to accept .the responsibility of maintaining the site.
ARTICLE X
Exceptions and Variations
Where topography or other existing physical conditions are such that
compliance with all of the requirements of Article XIII of these
regulations would cause an unusual and unnecessary hardship on the
subdivider, the planning commission may vary the minimum requirements
set forth herein, provided that such variation will not have the
effect of nullifying the interest and purpose of these regulations.
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Developers are required, if found appropriate, to apply for a
variation to preserve areas of natural, aesthetic or historic value.
Where a variation is accepted, the reasons for such shall be noted in
the minutes of the planning commission.
The requirements and standards of these regulations may be modified
by the planning commission in the case of a plan and program for a
planned unit development (PUD), which in the judgement of both the
Board of County Commissioners and the planning commission provides
adequate public spaces and improvements for circulation, recreation,
light, air, and service needs of the tract when fully developed and
populated, and which also provides such convenants or other legal
provisions as will assure conformity to and achievement of the plan.
ARTICLE XI
Definitions
For the purpose of these regulations certain words used herein are
defined as follows:
1) Authorized Agent - One who is acting as representative for, or
by the authority of, the subdivider.
2) Building Setback Line - A line parallel to the front property
line which establishes the minimum allowable distance between the
nearest portions of any building steps, eaves, gutters, and
similar fixtures, and the street right-of-way line when measured
perpendicularly thereto.
3) CAMA - Coastal Area Management Act of 1974, as amended.
4) Corner Lot - A lot which occupies the interior angle at the
intersection of two (2) street lines. The street line forming the
least frontage shall be deemed the front of the lot except where
the two (2) street lines are equal, in which case, the owner shall
be required to specify which is the front when requesting a build-
ing permit.
5) Dedication - A gift, by the owner, of a right to use land for
stated purposes. A dedication may be made with a written instru-
ment and is completed with an acceptance.
6) Disclosure. Statement - A statement prepared and signed by the
subdivider and the buyer of the subject real estate, fully and
completely disclosing the status of the street upon which the lot
fronts. The statement shall also include an explanation of the
consequences and responsibility as to maintenance and construction
of proposed roadways.
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7) Double Frontage Lot - A continuous lot of the same depth as
the width of a block containing two tiers of lots and which is
accessible from both of the streets upon which it fronts.
8) Easement - A grant by the property owner for use by the
public, a corportation or person(s) of a strip of land for
specific reasons.
9) Extraterritorial Jurisdiction - The land lying outside of the
corporate limits of incorporated municipalities, but within the
one mile district designated by the municipalities subject to
municipal planning and development controls as provided for in
160A-362 of the North Carolina General Statutes.
10) Lot - A portion of a subdivision or.any other parcel of land
intended as a unit for transfer of ownership or for development',
or both. The word 'lot' includes the word 'parcel' or 'plot'.
11) Lot of Record - A lot which is a part of a subdivision, a plat
of which has been recorded in the Office of the Register of Deeds
of Bertie County prior to the adoption of these regulations, or a
lot described by metes and bounds, the description of which has
been so recorded prior to the adoption of these regulations.
12) Official Map or Plan - Any maps or plans officially adopted by
the Board of County Commissioners as a guide for the
development of Bertie County.
13) Planned Unit Development (PUD) - A land development project
comprehensively planned as an entity via a unitary site plan which
permits flexibility in building siting, mixtures of building types
and land uses, recreational areas and useable open spaces and the
preservation of significant natural features. Included within
this definition shall be planned unit residential developments and
planned unit non-residential developments or combinations thereof.
14) Planning Commission - The Economic and Industrial Planning and
Developnment Commission of Bertie County, North Carolina.
15) Plat - A map or plan delineating a tract or parcel of land to
be subdivided, land to be dedicated for public use, or right-of-
way for street and utility pruposes. The word 'plat' shall in-
clude the terms 'map', 'plot', and 'plan'.
16) Plat, Final - A map of land subdivision prepared in a form
suitable for filing of record with necessary affidavits, dedi-
cations, acceptances, and with complete bearings and dimensions of
all lines defining lots and blocks, streets, public areas, and
other dimensions of land, as prescribed by these regulations.
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17) Plat, Preliminary — A map of a proposed land subdivision show—
ing the character and proposed layout of the tract in sufficient
detail to indicate the suitability of the proposed subdivision of
land, as prescribed by these regulations.
18) Reservation - A reservation of land not involving the transfer
of property rights. It simply constitutes an obligation to keep
property free from development for a stated period of time.
19) Review Officer — The County Building Inspector or Planning
Commission designee responsible for reviewing, processing, and
assisting in the review of subdivision requests and providing
technical assistance in the evaluation of requests.
20) Single Tier Lot — A lot which backs upon a limited access
highway, a railroad, a physical barrier, or a non—residential use
and to which vehicular access from the rear is usually prohibited.
21) Sketch Plan — A schematic representation of the subdivision
layout and design.
22) Street — a public dedicated right—of—way for vehicular
traffic:
a)'Arterial Street or Major Road — A street or road
connecting widely separated areas and desinged to carry
a large volume of traffic which may be fast, heavy, or
both. These are usually numbered State and Federal
highways.
b) Collector Street or Feeder Roads — A street or road
which serves as the connecting street or road between
local residential streets or rural roads and the
Arterial Streets or !Major Roads.
c) Cul—de—sac — A short street having but one end open
to traffic and the other end being permanently termin—
ated and a vehicular turn —around provided.
d) Frontage Road — A street that is parallel to a full
or partial access.controlled street facility and func—
tions to provide controlled access to adjacent land.
e) Minor Street or Road — A residential street or rural
road whose primary function is to provide access to
abutting properties and is designed to disccourage use
by through traffic. Minor streets may also be referred
tows 'neighborhood' streets or farm roads.
23) Structure — Anything constructed or erected, the use of which
requires more or less permanent location on the ground or which is
attached to something having more or less permanent location on
the ground.
24)' Subdivider — Any person, firm, or corporation who subdivides
or develops any land deemed to be a subdivision as herein defined.
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25) Subdivision — All divisions of a tract or parcel of land into
two or more lots, building sites, or other divisions for the
purpose of sale or building development (whether immediate or
future) and shall include all divisions of land involving the
dedication of a new street or road, or a change in existing
streets or roads.
26) Subdivision Review Sheet — The official document of action
concerning all subdivision requests of Bertie County.
27) Technical"Review Committee — A review committee appointed by
the planning commission representing different areas of expertise
valuable to the field inspection of a subdivision. This committee
will be made up of any number of persons the commission feels
necessary to complete the review process of a subdivision.
28) The Board of County Commissioners — The governing body of
Bertie County, North Carolina.
29) Thoroughfare Plan — The Thoroughfare Plan as drawn for Bertie
County and approved by the North Carolina Department of Trans—
portation as the basis for the development of the transportation
system in the county.
ARTICLE XII
Procedures for Plat Approval
No subdivision plat within the jurisdiction of Bertie County shall be
accepted for recording by the Register of Deeds until and unless
final approval has been given by the Board of County Commissioners,
or by the planning commission, or by the Subdivision Review Officer
acting as the authorized agents of the Board of County Commissioners
as set forth herein. To obtain final approval, the subdivider shall
generally adhere to the procedure indicated below.
1. Sketch Design Plan
Previous to -the filing of an application for approval of the
preliminary plat, the subdivider shall submit to the Sub—
division Review Officer a sketch design plan of the proposed
subdivision. The subdivider should discuss his thoughts and
ideas pertaining to the new subdivision and also become
familiar with the regulations affecting the land to be
subdivided.. When sufficient information is available, the
Subdivision Review Officer shall request that a preliminary
plat be prepared by the subdivider. Included in the sketch
design plan, shall be:
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a) Name of the subdivision.
b) Vicinity map showing the relationship between the
subdivision and neighboring tracts, roads and streets, and
geographic features, such as rivers, creeks, and drainageways.
c) Proposed street right—of—way and lot layout.
d) Total acreage of track to be subdivided.
e) Minimum lot size and the total number of lots.
f) Location of all existing or proposed water and sewer lines
and dimensions, if applicable.
g) Approximate location and amount of any land to be dedicated
or reserved for public or private use. Also, an explanation
of type of use intended for the area.
h) Location of all designated Areas of Environmental Concern
within the subdivision.
i) North Arrow.
j) Scale.
This procedure does not require an application or fee.
B. Preliminary Plat
The preliminary plat shall follow the sketch design plan as
discussed with the Subdivision Review Officer and the design
standards as indicated herein. The preliminary plat shall be
checked against the design standards and plat requirements by
the Technical Review Committee of the planning commission. It
shall be the duty of this committee to insure that the
District Highway Engineer, the County Health Director, the
County School Superintendent, the CAMA Permit Officer, and
such other agencies and officials as may deem necessary or
desirable, to have an opportunity to review and make
recommendations concerning the proposed subdivision plat
before approval is given.
The Technical Review Committee shall make recommendations to
the planning commission including any recommendations received
from other county and state agencies and officials reviewing
the plat. The planning commission shall discuss with the
subdivider changes deemed advisable, if any, and the kind and
extent of improvements to be made by the subdivider.
The preliminary plat shall show all streets and roads in the
subdivision as public or private. This designation shall not
apply to an access way for an individual property owner, but
shall apply to all streets and roads for two or more property
owners, lots, building sites or other divisions of land. The
streets and roads designated to be offered for dedication to
the public shall meet the requirements for public streets
according to state standards. The streets and roads de—
signated to be private shall meet the same standards as those
designated to be public.
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The preliminary plat shall show the water and sewer lines that
are to be connected to any existing public system unless
service is not available. This availability for water and
sewer services will be determined by the Board of County
Commissioners or their duly authorized representative. The
preliminary plat shall be accompanied by a complete set of
water and sewer construction plans if applicable, for the
subdivision prepared by a registered engineer, and approved by
the appropriate state and local agencies.
The subdivider shall submit four copies of the preliminary
plat, construction plans if applicable, and any other
supplementary material to the Subdivision Reivew Officer at
least fifteen days prior to the regularly scheduled planning
commission meeting at which said plat is to be considered by
the planning commission.
The planning commission shall approve, approve conditionally,
or disapprove the preliminary plat within fifty (50) days
after the preliminary plat is submitted. Failure of the
planning commission to act within this period shall be deemed
an approval. The approval of the preliminary plat is
authorization for the subdivider to proceed with the
construction of the necessary improvements or guarantee their
installation, as provided, in preparation of the final plat.
C. Final Plat
The final plat shall constitute only that.portion of the
preliminary plat which the subdivider proposes to record and
develop at that time. Such a portion shall conform to all
requirements of these subdivision regulations.
No final plat shall be approved unless and until the
subdivider shall have installed in that area represented on
the final plat all improvements required by these regulations
or shall have guaranteed their installation as provided in the
following guarantees:
1) A surety bond made by a surety company licensed to do
business in the State of North Carolina, or
2) A certified check drawn in favor of Bertie County, or
3) cash deposited in an escrow account with Bertie County, or
4) any other method deemed appropriate by the Board of County
Commissioners.
Such guarantees shall be in an amount of not less than one
hundred percent (100%) nor more than one hundred and
twenty—five percent (125%) of the estimated cost of the
required improvements. Determination as to the appropriate
method and amount of guarantee shall be made by the County
Commissioners or a duly authorized representative of the Board
of County Commissioners. Such guarantees shall run for a
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period of one year and may be renewed once for a period of one
year upon written approval from the Board of County Commis—
sioners or their representative. If, at the end of the
determined time, the improvements have not been made, Bertie
County shall be paid the determined amount and the interest
that has accrued since the time of plat approval. When the
improvements have been made as specified in these regulations
and if cash has been deposited with Bertie County, the amount
of guarantee and the interest accrued is to be paid to the
subdivider.
The Clerk of Court shall secure from all subdividers a letter
in which said subdivider shall agree to maintain the required
improvements of these regulations until such time as:
1) The streets of the subdivision are accepted by the North
Carolina Department of Transportation for maintenance,
2) Other improvements are accpeted by the Board of County
Commissioners, or
3) Other improvements of these regulations are accepted for
maintenance by the property owners association that is
recognized and approved by the Board of County Commissioners.
No final plat will be accepted for review by the planning
commission or the Board of County Commissioners unless
accompanied by written notice by the Board of County
Commissioners or a duly authorized representative of the Board
of County Commissioners acknowledging compliance with these
regulations.
Upon the installation, or a suitable arrangement for their
installation, of the improvements shown in the approved
preliminary plat for the whole or that part of the subdivision
to be developed, the applicant shall submit a final plat of
the area.
On application for final plat approval, the subdivider shall
pay an inspection fee of $25.00 or $5.00 per lot, whichever is
greater, to Bertie County.
The subdivider shall submit five copies of the final plat to
the planning commission within twelve months after approval of
the preliminary plat; otherwise such approval shall become
null and void unless an extension of time is applied for and
granted by the planning commission. The final plat shall
follow the form of the preliminary plat at a scale of one inch
equal to one hundred feet'(1" = 100'). Final plat pages
should not exceed 16" x 20" for filing with the Register of
Deeds. Final plat submissions shall be received by the
planning commission at least fifteen (15) days prior to the
meeting of the planning commission at which it is to be
considered. The planning commission, secretary shall schedule
the date of consideration and notify the subdivider by letter.
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The date of consideration shall be fifty (50) days or less
from the receipt of the final plat submission by the
secretary. The final plat shall be reviewed by the planing
commission with the adivice and assistance of the Technical
Review Committee for compliance with the approved preliminary
plan. The planning commission may appoint a professional
planner or engineer to check the final plat against the
subdivision's actual layout for correctness; charging costs to
the subdivider. If the final plat is found to be in
compliance, the planning commission chairperson shall transmit
the final plat together with the planning commission's
recommendations to the Board of County Commissioners for final
action; or, if the final plat is found not to be in
compliance, or if changes have been made from the approved
preliminary plat, the planning commission chairperson shall
notify the subdivider.
The subdivider shall be given an opportunity to submit a
revised final plat to the planning commission if so directed
by the planning commission. If a revised final plat is not
submitted, the planning commission chairperson shall transmit
the final plat together with the planning commission's
recommendations to the Board of County Commissioners. for
final action. Such recommendations shall specify how the
final plat is not in compliance with the regulations and any
unapproved changes from the approved preliminary plat.
The final plat, and the recommendations of the planning
commission, shall be reviewed by the Board of County
Commissioners. The Board of County Commissioners shall
approve or disapprove the final plat. Approval of the final
plat is authorization for the subdivider to file the plat with
the Register of Deeds. If the Board of County Commissioners
should disapprove the final plat, the reasons for such action
shall be noted and recommendations made on the basis of which
the proposed subdivision would be approved. The action of the
Board of County Commissioners shall be noted on the final
plat, with two copies being returned to the subdivider, one
copy to the Register of Deeds, and another copy being retained
by the planning commission.
No final plat shall be approved until all required improve—
ments are installed or their installation guaranteed as
provided in these regulations, the inspection fee has been
paid, and the certificates required by these regulations to
appear on the final plat have been properly filled out and
signed.
D. Optional Plat Review Procedure
The sketch design' and preliminary plat review procedure may be
modified to allow for a one—step final plat approval by the
planning commission under the following conditions where the
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subdivision:
a) is seven lots or less fronting on an exisitng state or
county maintained road, and
b) does not constitute the enlargement of a previously platted
subdivision to greater than seven lots, and
c) does not involve any new street nor prospectively requires
any new street for access to interior property, and
d) does not require any extension of public sewage or water
lines or the creation of new drainage easements, and
e) does not adversely affect the development of the remainder
of the parcel or of the adjoining property, and
f) creates no new or residual parcels not conforming to the
requiements of these regulations and related controls, and
g) has been submitted for review and approved by the District
Highway Engineer, the County Health Director, the County
School Superintentent, the CAMA Permit Officer, or other such
agencies and officials as the Board of County Commissioners
may deem necessary or desirable, and
h) meets final plat criteria as set forth in these
regulations.
The sketch design and preliminary plat review procedure may be
modified to allow for a one—step final plat approval by the
Subdivision Review Officer under the following conditions
where the subdivision:
a) is four lots or less fronting on a state or county
maintained road, and
b) does not constitute the enlargement of a previously platted
subdivision to more than four lots, and
c) does not involve any new street or prospectively require
any new street for access to interior property, and
d) does not require extension of public sewage or water lines
or the creation of new drainage easements, and
e) does not adversely affect the development of the remainder
of the parcel or of adjoining property, and
f) creates no new or residual parcels not conforming to the
requirements of these regulations and related controls, and
g) has been submitted for review and approval by the District
Highway Engineer, the County Health Director, the County
School Superintendent, the CAMA Permit Officer, or other such
agencies and officials as the Board of County Commissioners
may deem necessary or desirable, and
h) meets final plat criteria as set forth in these
regulations.
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ARTICLE XIII
Subdivision Design Standards
The following shall be considered the minimum requirements for all
new subdivisions.
A. Lots
The size, shape and location of each lot within a subdivision
shall be made with proper regard to all topographic features,
soil conditions, contemplated use, and the surrounding
property. Land subject to flooding and land deemed by the
planning commission to be uninhabitable for other reasons
shall not be platted for residential occupancy, nor for such
other uses as may increase danger to health, life or
property, or aggravate any natural hazard. Such land may be
set aside for such uses as will not be endangered by periodic
or occasional inundation, or will not produce unsatisfactory
living conditions.
The minimum lot size shall not be less than those required
for water supply and waste disposal or in any case less than
twelve thousand (12,000) square feet, not less than seventy—
five (75) feet wide at the building line, nor less than one
hundred and fifty (150) feet deep.
All lots shall conform to the building setback and yard
requirements used for public water supply and sewage disposal
or in any case not less than twenty—five (25) feet from side
and rear lot lines and not less than fifty (50) feet from the
right—of—way. Where public water and sewage systems are not
available and an individual water supply or individual sewage
disposal system is planned, the subdivider at no cost to the
county, shall have the site investigated by the County Health
Department or other authorized, qualified individual or firm,
to determine whether or not such individual systems are
feasible and shall present proof to the planning commission
that appropriate soil tests have been conducted, and each lot
in the subdivision not served by public water or sewage
disposal systems have been approved by the County Health
Department for individual water supplies or sewage disposal
systems.
Every lot shall front on or abut a public dedicated
right—of—way, designated 'public' road or state maintained
raodway. Corner lots shall have an additional ten (10) feet
to permit adequate building setback from side streets.
Double frontage and reverse frontage.lots shall be avoided,
except where required to separate residential development
from through traffic. Side lot lines shall be substantially
at right angles or radial to street lines.
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6. Utilities
All public water and sewage systems within the subdivision
must be in accordance with the existing state and county
regulations. All individual water and sewage systems within
the subdivision must be in accordance with the existing
county health regulations. See paragraph D below for other
standards related to utilities.
C. Blocks
The length of blocks shall not be less than four hundred
(400).feet nor more than twelve hundred (1,200) feet. The
width of blocks shall have sufficient width to allow two (2)
tiers of lots of minimum depth except where single —tier lots
are required to separate residential development from through
transportation routes or other types of use, or when abutting
a water area. Where blocks abut transportation routes such
as limited access highways and railroads, commercial and/or
industrial development, a buffer strip of no less than fifty
(50) feet will be required.
D. Easements
The subdivider shall convey easements to the county or
appropriate utility company for both underground and overhead
untility installation where needed. Easements for utilties
should be centered on rear or side lot lines and shall be at
least ten (10) feet, or as required by utility companies.
Wider easements may be required if the topography prohibits
maintenance equipment from safely operating within the
easement.
Where a subdivision is traversed by a water course,
drainageway, channel or stream, there shall be provided a
storm water easement or drainage right—of—way conforming
substantially with the route of such water courses, and such
increased width or construction, or both, as willbeadequate
for the purpose of managing storm water runoff in a manner
that will safeguard the health and property of the public and
the surrounding area.
Lakes, ponds, streams, and similar areas will be accepted for
maintenance only if sufficient land is dedicated as a public
recreation area or park or if such area constitutes a
necessary part of the drainage management system. Such areas
must be approved by the planning commission before approval
of the final plat.
E. Sedimentation and Erosion Control
When disturbing the land the subdivider shall take all
reasonable measures to protect all public and private
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property from damage by such activities. When any land
disturbing activity is to be undertaken in a subdivision the
subdivider shall notify the North Carolina Sedimentation
Control Commission to determine whether a Sedimentation and
Erosion Control Plan is required.
F. Streets and Roads
Access to lots or parcels formed by a subdivision of land -
including the enlargement of a previously approved plat shall
meet the present design and construction criteria as
referenced in the most recent SUBDIVISION ROADS, MINIMUM
CONSTRUCTION STANDARDS, published periodically by the North
Carolina Department of Transportation. The following shall
be considered the acceptable minimum standards of design for
subdivision streets and in no case shall be less than those
of the North Carolina Department of Transportation.
1. The street layout shall be made according to good land
planning practice for the type of development planned, and
shall be coordinated with the street system of the sur—
rounding area. All streets must provide for the continuation
or appropriate projection of principal streets in surrounding
areas and provide reasonable means of ingress and egress for
surrounding areas. The street layout shall conform to the
arrangement, width and location indicated on any official
plans or maps for Bertie County. In areas for which such
plans have not been completed, the streets shall be designed
and located in proper relation to existing and proposed
streets, to the topography, to such natural features as
streams, water bodies, and trees or forests, to public
convenience and safety and to the proposed use of land to be
served by such streets.
2. Minimum street right—of—way width shall be no less than
sixty (60) feet, or as shown in the transportation plan for
Bertie County, and if a plan does not exist shall. not be less
than required in the latest issue of the SUBDIVISION ROADS,
MINIMUM CONSTRUCTION STANDARDS, published by the North
Carolina Department of Transportation. The alignment of any
street or road shall meet applicable standards of the North
Carolina Department of Transportation. Minor streets and
roads and cul—de—sacs shall be so laid out that utilization
by through traffic will be discouraged.
3. All streets or roads shall be graded and paved according
to the existing policies of the North Carolina Department of
Transportation.
4. Street names which duplicate or are phonetically similar
to existing street or road names shall be prohibited. A
proposed street which is in alignment with an exisitng street
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shall bear the name of the existing street. Street names
should be as short as possible. Appropriate street signs in
conformance with existing county policy shall be placed at
all intersections. Traffic signs shall be installed by the
subdivider at appropriate street intersections as required.
Any supplemental signs deemed necessary to safety and welfare
by the planning commission shall also be required for
installation.
G. Permanent Reference Points
Prior to the approval of the final plat, permanent reference
points shall have been established as follows.
1. Subdivisions shall have a corner tie where at least one
corner of the subdivision shall be desingated by course and
distance (tie) from a readily discernible reference marker.
If a corner is within two thousand (2,000) feet of a U.S.
Geodetic Survey or N.C. Grid System coordinated monument, or
Bertie County coordinated system, if such exists, then this
corner shall be marked with a monument. When such a monument
is not available, the tie shall be made to some pertinent and
readily recongizable landmark or identifiable point, physical
object or structure. The planning commission may waive this
requirement if a subdivision is of such small size, or if
there is an existing tie within a reasonable distance of the
subdivision.
2. Monuments shall be installed within each block of a
subdivision, with at least two (2) monuments designed and
designated as control corners. The surveyor shall employ
additional monuments, if required. All monuments shall be
constructed of concrete and shall be at least four (4) inches
in diameter or square and not less than three (3) feet in
length. Each monument shall have embedded in its top or
attached by a suitable means, a metal plate of noncorrosive
material and marked plainly with the point, the surveyor's
registration number, the month and year it was installed, and
the word 'monument' or 'control corner'. A monument shall be
set thrity (30) inches in the ground, unless this requirement
is impractical because of unusual conditions.
ARTICLE XIV
Plat Requirements
All plats, reports and other such material for subdivision
approval to be presented for recording by the Register of Deeds
shall be in accordance with the requirement of these regulations.
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A. The sketch design plan will show at least the following:
1. streets and their rights —of —way,
2. other rights —of —way and easements,
3. lot lines
4. sites, if any for schools, churches, parks, beaches,
uninhabitable areas, etc.,
5. site data, such as acreage in track, acreage in land
land uses other than residential, number of lots, etc.,
6. vicinity map showing relationship between sub—
division and surrounding area.
B. The preliminary plat shall will show at least the
following:
1. the location of existing and platted property lines,
streets, buildings, water courses, railroads, trans—
mission lines, sewers, city and county lines as appro—
priate, bridges, culverts and drain pipes, water mains,
and easements and rights —of —way.
2. boundaries of tract shown with bearings anal
distances,
3. wooded areas, marshes, normal tidal variations,
floodplain including line representing the 100—year
flood elevation and any other conditions affecting the
site,
4. names of adjoining property owners or subdivisions,
5. zoning classification, if any, both on the land to
be subdivided and on adjoining land,
6. proposed streets, street names, street widths and
appropriate grades,
7. the plans for proposed. utility layouts (sewer, water,
.gas, electricity, telephone) showing connections to
existing systems or plans for individual water supply,
sewage disposal, storm drainage, etc.,
8. other proposed rights —of —way, easements, locations,
widths, and purposes, if appropriate,
9. proposed lot lines, lot and block numbers, and
approximate dimensions,
10. proposed minimum building setback lines,
11. contour map with intervals of one foot, or less when
required by the planning commission,
12. proposed parks, school sites, or other public open
spaces, if any,
13. title, date, north point, graphic scale, name of
owner, surveyor and land planner, and site data such as
acreage in total tract, acreage in parks or other land
use and total number of lots,
14. vicinity map showing relationship between sub—
division and surrounding area,
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C. The final plat shall be at the same scale and shall
conform substantially to the preliminary plat as approved and
shall constitute only that portion of the approved pre—
liminary plat which the subdivider proposes to record and
develop at the time, provided, however, that such portion
conforms to all requirements of these regulations. the final
plat shall show at least the following:
1. the lines of all streets and roads,
2. lot lines and lot numbers, minimum building setback
lines,
3. reservations, easements, alleys and any areas to be
dedicated to public use or sites for other than res—
dential use with notes stating their purpose and any
limitations,
4. sufficient data to determine readily and reproduce on
the ground, the location, bearing and length of every
street line, lot line, boundary line, block line, and
building line, whether curved ro straight, and including
true north point. This should include the radius,
center angle, and tangent distance for the center line
of curved streets and curved property lines that are not
the boundary of curved streets,
.5. all dimensions should be to the nearest one —tenth of
a foot and angles to the nearest minute, and accurate
location and description of all monuments and stakes,
6. the proposed utility system, including water, gas,
sewer, telephone,. storm drainage,
7. the name and locations of adjoining subdivisions and
streets, and the location and ownership of adjoining
unsubdivided property,
8. title, date, name and location of subdivision,
graphic scale and true north point,
9. name of owner, surveyor and land planner,
10. vicinity map showing relationship between sub—
division and surrounding area,
11. the following certificates or statements,
(a) "This subdivision conforms to the standards of the
Worth Carolina Coastal Area Management Act of 1974
and is/is not. located with -in any Area of Environmental
Concern."
date CA14A Permit Officer
18
(b) "I (we) hereby certify that I am (we are) the
owner(s) of the property shown and described hereon and
that I (we) hereby adopt this plan of subdivision with
my (our) free consent, establish the minimum building
lines, and dedicate all streets, alleys, walks, parks
and other open spaces to public or private use as noted.
Further, I (we) certify that the land as shown hereon is
within the subdivision regulation jurisdiction of Bertie
County."
date owner
owner
(c) "I hereby certify that the plat shown and described
hereon is a true and correct survey and that the
monuments have been placed as shown hereon, in
accordance with the requirements of the Bertie County
Subdivision Regulations."
date
engineer or surveyor
(d) "I hereby certify that the water supply and sewage
disposal utility system installed, or proposed for
installation, in the subdivision, entitled
fully meets the requirements of the North Carolina
Division of Health Services or the Division of
Environmental Management, and are hereby approved as
shown."
date county sanitarian
19
(e) "I hereby certify: (1) that streets, utilities and
other improvements have been installed in an acceptable
manner and according to county specifications in.the
subdivision entitled
(2) that a security bond in the amount of $
has been posted with Bertie County, or (3) that a satis—
factory financial arrangement has been made to assure
completion of all required improvments in case of
default."
date
county engineer
county clerk
(f) "I hereby certify that the subdivision plat shown
hereon has been found to comply with the Bertie County
Subdivision Regulations, with the exception of such
variances, if any, as are noted in the minutes of the
Board of County Commissioners and that it has been
approved for recording in the officer of the Register of
.Deeds."
date
chair,- Board of County
Commissioners, or author—
ized local official
(g) "I, the county clerk and
treasurer of Bertie County, do certify that Bertie
County approved this plat or map and accepted the
dedication of the easements, rights —of —way and public
tracts shown thereon, but assume no responsibility to
open or maintain the same until, in the opinion of the
governing body of Bertie County, it is in the public
interest to do so."
date
_- , t 20
county clerk/treasurer
ARTICLE XV
Improvements
No subdivision shall be granted final approval unless the agreed
upon improvements either have been constructed or approved plans
prepared and their execution guaranteed in accordance with the
provisions of these regulations.
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