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HomeMy WebLinkAboutSubdivision Regulations-2001SUBDIVISION REGULATIONS CARTERET COUNTY ;;,7z Adopted by the Board of County Commissioners October 8, 2001 THE WOOTEN COMPANY Engineering -Planning -Architecture Raleigh/Greenville/Hickory/Asheboro, North Carolina The preparation of this map was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. n 1 Carteret County Subdivision Regulations Adopted by the Carteret County Board of County Commissioners October 8, 2001 W. Douglas Brady, Chairman Jimmy LaShan Jonathan Robinson, Vice -Chairman James "Mac" Wells Bettie H. Bell David A. Wheatly Dave Fowler Pete Allen, County Manager Prepared by the Carteret County Planning Commission Jesse Vinson, Chairman Robin Comer David Heath, Vice -Chairman David Horton Chuck Bissette James I. Phillips, III Terry Brown Carteret County Planning and Inspections Department Staff Katrina F. Marshall, Director of Planning Priscilla W. Beveridge, Planner II and Inspections Stacy Allen, Planner I Technical Assistance Provided By The Wooten Company Raleigh/Greenville/Hickory/Asheboro North Carolina 11 I 7 I� TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS..................................................................................1-1 1-1 Authority and Enactment Clause.......................................................................1-1 1-2 Purpose.........................................................................................................1-1 1-3 Title.........................................................................................................1-1 1-4 Jurisdiction........................................................................................................1-1 1-5 Interpretation....................................................................................................1-2 1-6 Conflict and Separability ....................................................................................1-2 1-7 Conformance Prerequisite to Extension of Public Services, Etc........................1-2 1-8 Conformance with Official Plans........................................................................1-2 1-9 Amendments .................................... ................................................................. 1-3 1-10 Variances.........................................................................................................1-3 1-11 Enforcement and Penalties...............................................................................1-4 1-12 Administrator.....................................................................................................1-4 1-13 Effect of Plat on Dedication...............................................................................1-4 1-14 Effective Date....................................................................................................1-5 1-15 Adoption.........................................................................................................1-5 ARTICLEII DEFINITIONS.................................................................................................. 2-1 2-1 Word Interpretation...........................................................................................2-1 2-2 Rules of Construction.......................................................................................2-1 2-3 Definitions........................................................................................................ 2-1 ARTICLE III PROCEDURES FOR PLAT APPROVAL.........................................................3-1 3-1 Exclusion Determination...................................................................................3-1 3-2 Coordination With Other Procedures................................................................3-1 3-3 Minor Subdivision Qualifications........................................................................3-1 3-4 Minor Subdivision Review and Approval Procedures........................................3-1 3-5 Major Subdivisions............................................................................................3-2 3-6 Sketch Design Plan...........................................................................................3-3 3-6.1 Submission Requirements...............................................................3-3 3-6.2 Sketch Design Plan Review Procedures..........................................3-4 3-7 Preliminary Plat Review and Approval Procedures .......................................... 3-5 3-7.1 Submission Requirements...............................................................3-5 3-7.2 Preliminary Plat Contents................................................................3-5 3-7.3 Administrator and TRC Review.......................................................3-5 3-7.4 Planning Commission Review and Action........................................3-6 3-8 Final Plat Review and Approval Procedures.....................................................3-6 3-8.1 Conformance With Preliminary Plat ................................................ 3-6 3-8.2 Submission Requirements...............................................................3-6 3-8.3 Final Plat Contents.......................................................................... 3-7 3-8.4 Planning Director Approval..............................................................3-7 3-8.5 Appeals from the Decision of the Planning Director on Final Plats.. 3-8 3-8.6 Required Improvements..................................................................3-8 3-9 Recordation of Final Plats.................................................................................3-8 3-10 Dedication and Acceptance.............................................................................. 3-8 3-10.1 Rights -of -Way and Easements........................................................3-8 Table of Contents October 8, 2001 11 ARTICLE IV STANDARDS OF DESIGN...............................................................................4-1 4-1 General ........................................................................................................4-1 4-1.1 Design.............................................................................................4-1 4-1.2 Development Name.........................................................................4-1 4-1.3 Reasonable Relationship.................................................................4-1 4-2 Suitability of the Land........................................................................................4-1 4-3 Lots ........................................................................................................4-2 4-3.1 Minimum Lot Dimensional Requirements........................................4-2 4-3.2 Lot Line Configuration..................................................................... 4-3 4-3.3 Lot Lines and Drainage................................................................... 4-3 4-3.4 Access Requirements..................................................................... 4-3 4-3.4.1 General Access Requirements and Alternative Means of Access........................................................................... 4-3 4-3.4.2 Special Access Requirements for Subdivisions Adjacent To Thoroughfares with Capacity Deficiencies and for Nonresidential Subdivisions..........................................4-9 4-3.5 Water and Sewage Disposal.........................................................4-10 44 Streets .......................................................................................................4-10 4-4.1 Conformance with Thoroughfare Plans..........................................4-10 4-4.2 Conformance with Adjoining Road Systems..................................4-10 4-4.3 Access to Adjoining Property.........................................................4-10 4-4.4 Reserve Strips.............................................................................. 4-11 4-4.5 Street Classification...................................................................... 4-11 4-4.6 Public Street Design Criteria.........................................................4-11 4-4.7 Private Street Design Criteria........................................................4-11 4-4.8 Intersecting Street Angle...............................................................4-12 4-4.9 Cul-de-sac.....................................................................................4-12 4-4.10 Minimum Street Offset...................................................................4-12 4-4.11 Curb and Gutter.............................................................................4-12 4-4.12 Temporary Turnarounds................................................................4-12 4-4.13 Grades at Intersections..................................................................4-13 4-4.14 Sight Distance Easements.............................................................4-13 4-4.15 Street Names and Property Addresses..........................................4-13 4-4.16 Street Name and Traffic Control Signs..........................................4-13 4-4.17 Street Construction Plans..............................................................4-13 4-4.18 Street Inspection...........................................................................4-13 4-4.19 Bridges..........................................................................................4-13 4-5 Blocks ......................................................................................................4-13 4-5.1 Block Length.................................................................................A-13 4-5.2 Block Width...................................................................................4-14 4-6 Utilities and Stormwater Management............................................................4-14 4-6.1 Utility Construction Plans...............................................................4-14 4-6.2 Utility Improvements Inspection....................................................4-14 4-6.3 Public Water and Sewer Construction Requirements .....................4-14 4-6.4 Water and Sewer Connection........................................................4-14 4-6.5 Utility and Drainage Easements....................................................4-15 4-6.6 Stormwater Management..............................................................4-16 Table of Contents October 8, 2001 fi 1 L, 4-6.7 Electric Power...............................................................................4-17 4-6.8 Telephone Service........................................................................ 4-17 4-6.9 Fire Hydrants.................................................................................4-17 4-7 Sidewalks......................................................................................................4-17 4-8 Water Access................................................................................................. 4-17 4-9 Townhouses...................................................................................................4-18 4-10 Planned Unit Developments...........................................................................4-18 4-11 Simultaneous Review.....................................................................................4-18 4-12 Buffer Areas................................................................................................... 4-18 4-13 Sites for Public Uses.......................................................................................4-19 4-14 Placement of Monuments...............................................................................4-19 4-15 Coordination with Zoning Requirements and Other Official County Ordinances and Plans....................................................................................4-19 4-16 Coordination with State and Federal Requirements ....................................... 4-19 4-17 Recreation and Open Space Requirements................................................... 4-19 ARTICLE V SURETIES AND IMPROVEMENTS GUARANTEES........................................5-1 5-1 Sureties and Improvements Guarantees.......................................................... 5-1 5-1.1 Agreement and Security..................................................................5-1 5-2 Defects Guarantees..........................................................................................5-3 ARTICLE VI OWNERS' ASSOCIATIONS............................................................................ 6-1 6-1 Owners' Associations.......................................................................................6-1 6-1.1 Establishment of Owners' Associations...........................................6-1 6-1.2 Submission of Owners' Association Declaration .............................. 6-1 APPENDIX A: Information Required with Subdivision Applications A-1-1 Number of Review and Filing Copies to be Submitted ..................................... A-1 A-1-2 Required Information on Minor, Sketch, and Major Subdivision ...................... A-1 A-1-3 Documents and Written Information in Additionto Maps and Plans.................A-8 APPENDIX B: Certificates B-1-1 Required Certificates and Statements...............................................................B-1 B-1-2 Wording for Plat Certificates and Statements...................................................B-2 APPENDIX C: Procedural Flowcharts C-1 Sketch Plan for Major Subdivision.................................................................... C-1 C-2 Preliminary Plat for Major Subdivision ... :........................................................... C-2 C-3 Final Plat for Major Subdivision........................................................................C-3 C-4 Minor Subdivisions........................................................................................... C-4 C-5 Amendments....................................................................................................C-5 C-6 Variances........................................................................................................C-6 Table of Contents ' October 8, 2001 l/l Ll ARTICLE I GENERAL PROVISIONS 1-1 Authority and Enactment Clause ' By the authority of Chapter 153A, Article 18, Part 2 of the General Statutes of North Carolina, the Board of County Commissioners' of Carteret County does hereby exercise the powers and authority to regulate the subdivision of land within its jurisdiction. This ordinance shall invalidate and supersede all previous ordinances pertaining to the matters herein. 1-2 Purpose The purpose of the Subdivision Regulations shall be to promote the health, ' safety and welfare of the people within the subdivision jurisdiction of Carteret County and to provide for the orderly growth and efficient development of the County. 1-3 Title This ordinance shall be known as the Subdivision Regulations of Carteret ' County, North Carolina, and may be cited as the Subdivision Regulations. 1-4 Jurisdiction The regulations contained herein, as provided in Section 153A-320 of the General Statutes of North Carolina, shall govern each subdivision of land within ' Carteret County except those lands lying within the jurisdiction of any municipality, unless such municipality formally requests the County to enforce these regulations within the municipality's area of jurisdiction. Any municipal governing body may, upon a 30-day written notice, withdraw its approval of the County Subdivision Regulations and such ordinance shall have no further effect within the municipality's jurisdiction. In accordance with the provisions of NCGS 153A-355, the following types of subdivisions are not subject to the regulations established herein: ' (1) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as delineated in this subdivision ordinance; (2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved; (3) The public acquisition by purchase of strips of land for the widening or opening of streets; and Article 1, General Provisions ' October 8, 2001 (4) The division of a tract in single ownership, the entire area of which is no greater than two acres, into not more than three lots where no street right- of-way dedication is involved and where the resultant lots are equal to or ' exceed the standards of the County as delineated in this subdivision ordinance. ' 1-5 Interpretation In interpreting and applying the provisions of this ordinance, they shall be held to 1 be the minimum requirements for the promotion of the public safety, health, and general welfare. 1-6 Conflict and Separability This ordinance is not intended to interfere with, annul or abrogate any other ordinance, rule or regulation, statute or other provision of law applicable to Carteret County. Where any provisions of this ordinance impose limitations different from those imposed by any other provision of this ordinance or any other ordinance, rule or regulation, or other provision or law, whichever provisions are 1 more restrictive or impose higher standards shall control. This ordinance is not intended to abrogate any easement, covenant, or any other ' private agreement or restriction, provided that where the provisions of this document are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the 1 11, L, requirements of this ordinance shall govern. Where the private provisions impose more restrictive or higher standards than this ordinance than such private provisions shall be operative and supplemental to these regulations. If any part or provision of these regulations or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision or application directly involved in all controversy in which such judgement shall have been rendered. Such judgement shall not affect or impair the validity of the remainder of this ordinance even without any such part, provision, or application. 1-7 Conformance Prerequisite to Extension of Public Services, Etc. No building permits shall be issued nor shall water, sewer or other public facilities or services be extended to or connected with any subdivision for which a plat is required to be approved unless and until the requirements set forth in this ordinance have been met. 1-8 Conformance with Official Plans All subdivisions shall comply with the principles, goals and objectives of the Carteret County Land Use Plan, as amended from time to time, and all other officially adopted plans and policies of the County. In addition, proposed subdivisions must comply with the requirements of the zoning regulations of the County. Article 1, General Provisions 1-2 October 8, 2001 ' 1-9 Amendments The Subdivision Regulations may be amended by the following procedures: (A) Proposed Amendments. Proposed amendments may be initiated by the Board of County Commissioners, Planning Commission, Board of ' Adjustment, or by one or more interested persons. An application for an amendment shall contain a description of the proposed subdivision regulation to be amended. Such application shall be filed with the County not later than 14 calendar days prior to the Planning Commission meeting. A fee as established by the Board of County Commissioners shall be paid by the applicant for an amendment to cover the administrative expenses involved. This fee shall not apply to amendments initiated by any County board. (B) Action by the Planning Commission. The Planning Commission shall consider and make recommendations to the Board of County Commissioners concerning each proposed Subdivision Regulations amendment. If no recommendation is received from the Planning Commission within forty-five days of first submission to the Planning Commission, the proposed amendment shall be deemed to have been approved by the Planning Commission. (C) Action by the Board of County Commissioners. No amendment shall be adopted by the Board of County Commissioners until after public notice and hearing. Notice of public hearing shall be published once a week for two successive calendar weeks in the local newspaper, said notice to be published for the first time no less than ten days nor more than twenty ' five days prior to the date fixed for said hearing. 1-10 Variances iThe Planning Commission may authorize a variance from the provisions of this ordinance if such variance can be made without destroying the intent of this ordinance. Approval of variances shall be based upon written justification by the ' applicant and may be granted under one of the following circumstances: (A) Physical Hardship. Where because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existence of other unusual physical conditions, strict compliance with the provisions of the ordinance would cause practical difficulties on the 1 subdivider. (B) Equal or Better Performance. Where, in the opinion of the Planning ' Commission, a variance will result in equal or better performance in furtherance of the purposes of this ordinance. (C) Unintentional Error. Where, through an unintentional error by the applicant, the applicant's agent, or the reviewing authorities, there is a minor violation of a standard of this ordinance and where such violation is 1 Article 1, General Provisions 1-3 October 8, 2001 1 1 11 not prejudicial to the value or development potential of the subdivision or adjoining properties. In the event that the Planning Commission grants a variance, it shall be the minimum variance necessary in order to allow reasonable use of the applicant's land. Any variance granted by the Planning Commission shall require an affirmative vote of two-thirds of the members of the Planning Commission present at the meeting at which the variance is requested. Any variance thus authorized is required to be entered in writing in the minutes of the Planning Commission with the reasoning on which the departure was justified set forth. In approving variances, the Planning Commission may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements of this ordinance. The variance request shall be accompanied by a sketch plan or plat where applicable. The variance request shall be presented at the same time a sketch plan or preliminary plat is considered by the Planning Commission. A fee as established by the Board of County Commissioners shall be paid by the applicant for a variance to cover the administrative expenses involved. 1-11 Enforcement and Penalties No owner or agent of the owner of any land located within the territorial jurisdiction of Carteret County shall subdivide land in violation of these regulations or transfer or sell and by reference to, exhibition of or any other use of a plat before the plat has been properly approved under these regulations and recorded in the office of the Carteret County Register of Deeds. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from these regulations. The Register of Deeds shall not record a plat of any subdivision unless the plat has been approved in the manner prescribed by these regulations. The County, through its attorney or other official designated by the Board of County Commissioners, may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to fine or imprisonment as provided by the General Statutes of North Carolina. 1-12 Administrator The Director of Planning or the Director's designee shall be designated as the Administrator of this ordinance. 1-13 Effect of Plat on Dedication Pursuant to NCGS 153A-333, the approval of a plat shall not be deemed to constitute or effect the acceptance by the County or public of the dedication of any road or other ground, public utility line, or public facility shown on the plat. However, the Board of County Commissioners may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, public utility Article 1, General Provisions October 8, 2001 ' lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. ' 1-14 Effective Date This ordinance shall take effect and be in force from and after the 8th day of ' October, 2001. 1-15 Adoption Be it ordained by the Board of County Commissioners of the County of Carteret, State of North Carolina that this ordinance be adopted this the 8th day of ' October, 2001. Pete Allen Walter Doug Brady Clerk to the Board Chair Commissioner fl 1 1 Article 1, General Provisions October 8, 2001 11 �1 1 1 ARTICLE II DEFINITIONS 2-1 Word Interpretation Words not defined in this ordinance shall be given their ordinary and common meaning. 2-2 Rules of Construction For purposes of this ordinance, the following rules of construction shall apply: (A) Tense: Words used in the present tense include the future tense; (B) Singular and Plural: Words used in the singular number include the plural number, and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise; (C) Mandatory Meaning: The words 'shall', 'will', and 'must' are mandatory in nature implying an obligation or duty to comply with the particular provision; (D) Gender: Words used in the male gender include the female gender; and (E) References: Any reference to an Article or Section shall mean an Article or Section of this ordinance, unless otherwise specified. 2-3 Definitions Access Easement. An easement that grants the right to cross property. Access easements that are platted as an alternative to access to a public or private street must meet the conditions and design standards delineated in Section 4- 3.4.1(D). Administrator. The person/office authorized by Section 1-12 who is responsible for administering and enforcing this ordinance. Alley. A. strip of land, owned publicly or privately, set aside primarily for vehicular service access to the rear or side of properties otherwise abutting a street. Area of Environmental Concern (AEC). Areas of an environmentally sensitive nature designated by the North Carolina Coastal Resources Commission as required under the Coastal Area Management Act of 1974. Best Management Practices (BMP). A structural or nonstructural management -based practice used singularly or in combination to reduce non - point source inputs to receiving waters in order to achieve water quality protection goals. Article ll, Definitions October 8, 2001 ' Block. The land lying within an area bounded on all sides by streets, railroads, public parks, bodies of water, or a combination thereof. ' Board of County Commissioners. The Board of County Commissioners of Carteret County, North Carolina. ' Buffer Strip. An area reserved, in accordance with the provisions of Section 4- 13, by the subdivider and delineated on a subdivision plat for the planting of trees and shrubs by future lot owners. Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a firewall shall be considered a separate building Building Setback Line. A line establishing the minimum allowable distance between the principal building and the road right-of-way line or the property line. A. Coastal Area Management ement Act. g ' Cluster Development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential ' development as well as single-family residential and multi -family developments. Collector Street. A street whose principal function is to carry traffic between cul-de-sac, local, and subcollector streets, and streets or roads of higher classification, but which may also provide direct access to abutting properties. Common Area(s). All areas, including private streets, conveyed to an owners' association within a development, or owned on a proportional undivided basis in a condominium development. ' Condominium. Portions of real estate which are designated for separate ownership, and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless ' the undivided interests in the common elements are vested in the unit owners. Corner Lot. A lot abutting upon two or more streets at theirintersection. Cul-de-sac Street. A short local street or road having one end open to traffic and the other end permanently terminated by a vehicular turnaround. Declaration of Unit Ownership. A duly recorded instrument by which property is submitted to the provisions of NCGS 47A. Dedication. A gift by a property owner to another being received for the transfer. The dedication is made by written instrument and is completed with a written acceptance. Developer. A person engaging in development. Article 11, Definitions 2-2 October 8, 2001 ' Double Frontage Lot. A lot having frontage on two parallel or approximately parallel streets. ' Drainage Easement. An easement which grants the right of water drainage to pass in open channels or enclosed structures. ' Drainageway. Any natural or man-made channel that carries surface runoff from precipitation. Dwelling. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided therein and built according to the provisions of the NC Residential Building Code. Units in dormitories, hotels, motels, shelters for the homeless, or other structures designed for transient residents are not dwelling units. Dwelling, Multi -Family. A building on one lot arranged and designed to be occupied by three or more families living independently of each other. ' Dwelling, Single -Family. A building arranged and designed to be occupied by one family. Dwelling, Townhouse. A single-family attached dwelling, dwelling situated on ' its own individual lot, generally within a development containing drives, walks, and open space in common areas. Ownership is passed in fee -simple subject only to party wall rights by agreements set forth in the restrictive covenants. Dwelling, Two -Family (Duplex). A building on one lot arranged and designed to be occupied by two families living independently of each other. Easement. A grant by the property owner for use by the public, corporation, or person(s), of a strip of land for specified purposes. ' Extraterritorial Jurisdiction (ETJ). That portion of a municipal planning jurisdiction that lies outside of the corporate limits of the municipality. ' Family Subdivision. The division of a tract of land approved by the Planning Commission into no more than 3 new lots for the purpose of creating lots to be deeded to immediate family members and for the purpose of providing access to ' those lots by an alternative means of access as authorized in Section 4-3.4.1(E). Immediate family is defined as direct lineal descendants (children, grandchildren, and great grandchildren) and direct lineal ancestors (father, mother, grandfather, ' and grandmother). To qualify as a family subdivision, the property owner must provide proof that ownership of the tract to be subdivided has been in continuous ownership for a minimum of 15 years. Financial Guarantee. Any form of security, including a cash deposit, collateral, property, or instrument of credit, in an amount and form approved by Carteret County for use in place of actual construction of required subdivision ' improvements. Also referred to as 'surety'. 1 Article ll, Definitions 2-3 October 8, 2001 Flag Lot. A lot that is composed of a narrow 'flagpole' strip extending from the street and much wider 'flag' section lying immediately behind a lot or lots having the required street frontage for a conventional lot. In the case of a flag lot, the lot line at the end of the flag pole lying generally parallel to the street to which the flagpole connects shall be considered to be the front lot line for setback purposes. Flag lots must meet the conditions and design standards delineated in ' Section 4-3.4.1(B). Flood Prone Areas. Areas indicated on the Flood Insurance Rate Maps of the National Flood Insurance Program to be susceptible to inundation during a 100- year flood. In the absence of 100-year flood data, other flood data may be used if approved by the National Flood Insurance Program. Frontage Road. A local street or road that is parallel to a full or partial access controlled facility and functions to provide vehicular access to adjacent land. Group Housing. A series of one or more buildings designed for multifamily use. Historical Access. An access way that is referenced in a deed and shown on a recorded survey. In accordance with the provisions of 4-3.4.1(E)(3), an historical access must have been in use for a minimum of 20 years to qualify as an ' acceptable means of alternative access in a family subdivision. Interior Lot. A lot other than a corner lot. Local Street. A street or road whose primary function is to provide access to abutting properties. ' Loop Street. A street or road that has only ingress and egress at two points on the same street. 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. In determining the area and dimensions of a lot, no part of the right-of-way of a street or road may be ' included. The word 'lot' includes 'plot', 'parcel', or 'tract'. Lot Area. The total area circumscribed by boundaries of a lot except that when ' the legal instrument creating a lot shows the boundary of the lot extending into a public street or private right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-ofway line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street. ' Lot Coverage. The portion of a lot covered by building(s) and/or structure(s). Lot Depth. The distance measured along the perpendicular bisector of the smallest possible rectangle enclosing the lot. Lot Frontage. The length of the front lot line measured at the street right-of-way ' line. Article ll, Definitions 2-4 October 8, 2001 F Lot of Record. A lot, plot, parcel, or tract recorded in the Office of the Carteret County Register of Deeds in conformance with the ordinance(s) in effect at the time of recordation or a lot described by metes and bounds, the description of which has been recorded prior to the adoption of this ordinance. Lot Width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. ' Major Thoroughfare Street. Major thoroughfares consist of interstate, other freeway, expressway, or parkway links, and major streets or roads that provide ' for the expeditious movement of high volumes of traffic within and through urban areas. Major Subdivisions. A subdivision involving 6 or more lots. Manufactured Home. A dwelling unit, designed for use as a permanent residence, that is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed for installation or assembly and installation on the building site. ' Manufactured Home Park. Any single parcel of land upon which three or more manufactured homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations. Manufactured Home Subdivision. A residential subdivision containing manufactured homes situated on their individual lot. Marginal Access Street. A service street or road that runs parallel to a major thoroughfare, minor thoroughfare, or collector street that, for purposes of safety, provides access to abutting properties and separation of through traffic. Minimum Requirements. All sizes, setbacks and other requirements of this ordinance are minimum requirements and may be increased. Minor Subdivisions. A subdivision involving five lots or less. Minor Thoroughfare Street. Minor thoroughfares collect traffic from collector, subcollector, and local streets or roads and carry it to the major thoroughfare system. Minor thoroughfares may be used to supplement the major thoroughfare ' system by facilitating movement of moderate volumes of traffic within and through urban areas and may also serve abutting property. Modular Home. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A modular home may consist of two or more sections, or a series of panels or room sections erected or joined together on the site. Article ll, Definitions 2-5 October S, 2001 ' Official Maps and Plans. Any maps and plans officially adopted by the County Commissioners as a guide for development in Carteret County. ' Open Space. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment. ' Owner. A holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in possession or not. ' Owners' Association. An organization of homeowners or property owners owning real property, residing, or operating a business within a particular subdivision or development whose major purpose is to maintain and provide ' community facilities, services, or land for common use of the residents or property owners of the subdivision or development. Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit. Planned Unit Development (PUD). A permitted use designed to provide developments incorporating a single type or a variety of residential and related uses that are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common open space must be an ' element of the plan related to affecting the long-term value of the entire development. Planning Commission. The County of Carteret Planning Commission. Planning Department. The Carteret County Department of Planning and ' Inspections. Planning Director. The Director of the Carteret County Department of Planning and Inspections. Plat. A surveyed map or plan of a parcel of land which is to be, or which has been, subdivided. ' Plat, Final. The final map of all or a portion of a subdivision or site, showing the boundaries and location of lots, streets, easements and any other requirements of Appendix A, which is presented for County approval and subsequent recordation in the Carteret County Register of Deeds Office. ' Plat, Preliminary. A map indicating the proposed layout of the subdivision or site showing lots, streets, water, sewer, storm drainage, and any other requirements of Appendix A, which is presented for preliminary approval. Principal Building. A building in which is conducted the principal use of the buildable lot on which it is located or, in a group housing development, of the I building site on which it is located. Article ll, Definitions October 8, 2001 ' Private Drive. A vehicular travelway not dedicated or offered for dedication as a public street, providing access to parking lot(s) for two or more principal buildings in a group housing development. Private Lane: A vehicular travelway not dedicated or offered for dedication as a public street, providing access to not more than 10 residential parcels. Private ' lanes must meet the conditions and design standards delineated in Section 4- 3.4.1(C). ' Private Sewer. A system which provides for collection and/or treatment of wastewater from a development, or property, and which is not maintained with public funds. Private Street or Road. A vehicular travelway not dedicated or offered for dedication as a public street, but resembling a cul-de-sac or a local street by carrying traffic from a series of driveways to the public street system. Private streets must meet the design standards delineated in Section 4-4.7. The platting of such streets requires a Subdivision Streets Disclosure Statement in accordance with NCGS 136-102.6. Private Water. A system which provides for the supply and/or distribution of potable water for use by a development, project, or owner, and which is not operated or maintained by a government organization or utility district. Public Sewer. A system which provides for the collection and treatment of sanitary sewage from more than one property, and is owned and operated by a government organization or sanitary district and is approved by the Environmental Management Division of the NC Department of Environment and ' Natural Resources. Public Street or Road. A dedicated public right-of-way for vehicular traffic which (1) has been accepted by the NCDOT for maintenance; or (2) is not yet accepted but in which the roadway design and construction have been approved under public standards for vehicular traffic. ' Public Water. A system which provides distribution of potable water to fifteen or more service connections or which serves 25 or more customers on a regularly basis, is owned and operated by a government organization or utility district, and is approved by the Environmental Management Division of the NC Department of Environment and Natural Resources. ' Recreational Area or Park. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various manmade features that accommodate such activities. Recreational Vehicle (Travel Trailer/Camper). A vehicle which is built on a single chassis, designed to be self-propelled or permanently towable by a light ' duty vehicle, and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. D Article 11, Definitions 2-7 ' October 8, 2001 ICI 1 Reservation. An obligation shown on a plat to keep property free from development for a stated period of time or indefinitely. It is not a dedication nor a conveyance. Reverse Frontage Lot. A through lot which is not accessible from one of the parallel or non -intersecting streets upon which it fronts. Setback. The minimum required horizontal distance between a structure or activity and the property line or the street or road right-of-way line. Setback, Front. Any setback from a street or road. Setback, Interior. A setback from any property line not alongside a street or road. Setback, Rear. A setback from an interior property line lying on the opposite side of the lot from the front street or road setback. Setback, Side. Any interior property line setback other than a rear setback. Setback, Side Corner. A street or road setback on a corner lot other than a front setback. For purposes of this ordinance, the Administrator shall determine which setback is the front setback. Sight Distance Area, Horizontal. The area formed by extending lines from the point of intersection of intersecting streets along the centerline of such streets for a distance of forty feet and connecting the ends of such lines by a straight line to form the base for a triangle. Each of the two sides of the triangle will be forty feet in length. Sight Distance Area, Vertical. The area between three feet and ten feet above the horizontal area measured from the level of the point of intersection of the centerlines of the intersecting streets. Sight Distance Easement. An easement which grants to the NCDOT the right ' to maintain unobstructed view across property located at a street or road intersection. Sketch Plan. A rough sketch of a proposed subdivision or site, showing streets, lots, and any other information of sufficient accuracy to be used for discussion of the street system and the proposed development pattern. Storm Drainage Facilities. The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area. Stormwater Runoff. The direct runoff of water resulting from precipitation in any form. Street or Road. A dedicated and accepted public right-of-way for vehicular traffic. Article ll, Definitions October 8, 2001 Street or Road Right -of -Way. A strip of land occupied or intended to be occupied by a travel way for vehicles and also available, with the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices, traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power lines and communication lines. Subdivider. Any person, firm, corporation or duly authorized agent who subdivides or develops any land deemed to be a subdivision as defined herein. Subdivision. Any division of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose of sale or building development, whether immediate or future, and shall include any division of land involving the dedication of a new street or a change in an existing street; but the following shall not be included within this definition or be subject to the regulations established within: (1) The combination or recombination of portions of previously platted lots ' where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as delineated in this subdivision ordinance; ' (2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved; 1 (3) The public acquisition by purchase of strips of land for the widening or opening of streets; and (4) The division of a tract in single ownership, the entire area of which is no greater than two acres, into not more than three lots where no street right- of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the County as delineated in this subdivision ordinance. Thoroughfare Plan. A plan adopted by the Board of County Commissioners for the development of existing and proposed major streets or roads that will adequately serve the future travel needs of an area in an efficient and cost effective manner. Through Lot. A lot abutting two streets that do not intersect at the corner of the lot. County. The County of Carteret, North Carolina. Townhouses. A group of single-family attached dwellings, each dwelling situated on its own individual lot, generally within a development containing drives, walks, and open space in common areas. Ownership is passed in fee - simple subject only to party wall rights by agreements set forth in the restrictive covenants. Article 11, Definitions 2-9 October 8, 2001 Townhouse Lot. A parcel of land intended as a unit for transfer of ownership, and lying underneath, or underneath and around, a townhouse, patio home, or unit in a nonresidential group development. Tract. All continuous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership, being developed as a unit, although not necessarily all at one time. Utility Easement. An easement which grants to the County of Carteret or other utility provider the right to install and thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems. Variance. Official permission from the Planning Commission to depart from the requirements of this Ordinance (see Section 1-10). Article ll, Definitions ' October 8, 2001 ' ARTICLE III PROCEDURES FOR PLAT APPROVAL 3-1 Exemption Determination ' If a proposed division of land meets one or more of the exclusions under the definition of 'Subdivision' in Article II (Definitions), the owner may submit to the Administrator maps, deeds, or other materials in sufficient detail to permit a ' conclusive determination by the Administrator. An owner of land who wishes to record a plat of such a division of land shall obtain a Certificate of Exemption (see Appendix B) from the Administrator. Procedures 3-2 Coordination With Other To lessen the time required to attain all necessary approvals and to facilibte the ' processing of applications, an applicant may start the subdivision approval process simultaneously with other applications for approvals required for the particular project. 3-3 Minor Subdivision Qualifications The Administrator shall approve or disapprove minor subdivision . plats in accordance with the provisions of this Section. A minor subdivision, as defined in Article II, is a subdivision involving 5 lots or less. ' 3-4 Minor Subdivision Review and Approval Procedures ' The applicant for minor subdivision plat approval is encouraged to confer with the Administrator prior to submitting a minor subdivision plat for a determination of whether the approval process authorized by this Section can be and should be utilized. The Administrator may require the applicant to submit whatever information is necessary to make this determination. 3-4.1 The applicant for minor subdivision plat approval shall submit to the ' Administrator a plat drawn in waterproof ink on a sheet made of material and of a size that will be acceptable to the Carteret County Register of Deeds Office for recording purposes. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of ' the plat shall be at one -inch equals not more than one hundred feet. The applicant shall also submit six prints of the plat, to be distributed to and reviewed by the Technical Review Committee (TRC), as well as any ' required application form and required fee. If the minor subdivision plat is to be reviewed by the Planning Commission as provided for in Section 3- 4.3, ten additional prints of the plat shall be required. 1 Article lll, Procedures For Plat Approval ' October 8, 2001 f3-4.2 The minor subdivision plat shall contain the following information: (A) The name of the subdivision, which name shall not duplicate the ' name of any existing subdivision as recorded in the Carteret County Registry; (B) The name, address, and telephone number of the subdivision owner or owners; ' (C) The township, county and state where the subdivision is located; (D) The name of the surveyor and his registration number and the ' date of survey; (E) The scale according to which the plat is drawn in feet per inch or ' scale ratio in words or figures and bar graph; (F) All of the additional information required by NCGS § 47-30, NCGS § 39-32.3, and Appendix A; and (G) All of the applicable certificates required in Appendix B. ' 3-4.3 The Administrator shall take expeditious action on an application for minor subdivision plat approval. A decision shall be rendered by the Administrator within 10 working days after receipt of the complete application. If no decision is rendered by the Administrator within the ' required 10-day period, the applicant may refer the minor plat to the Planning Commission for review of the application under the major subdivision approval process. Either the Administrator or the applicant ' may at any time refer the minor plat to the Planning Commission for review under the major subdivision approval process. ' 3-4.4 Subject to subsection 3-4.2, the Administrator shall approve theproposed subdivision unless the subdivision is not a minor subdivision as defined in Article II or the application or the proposed subdivision fails to comply with any other applicable requirement of these Subdivision Regulations. 3-4.5 If the subdivision is disapproved, the Administrator shall promptly furnish ' the applicant with a written statement of the reasons for disapproval. 3-4.6 Approval of any plat is contingent upon the plat being recorded within sixty days after the date the Certificate of Approval is signed by the ' Administrator or his designee. Failure to record the approved plat within the specified 60-day period shall render the plat null and void. 3-5 Major Subdivisions A major subdivision, as defined in Article II, is a subdivision involving 6 or more lots. When a subdivision is to be developed in stages, a sketch designplan shall be submitted for the entire development. A final plat may be submitted for each ' stage. A minor subdivision plat may also be reviewed and approved under the Article 111, Procedures For Plat Approval 3-2 October 8, 2001 major subdivision process upon the referral of the Administrator or the minor subdivision plat applicant. Major subdivisions that involve no street right-of-way construction and no utility extensions are not required to submit a sketch plan or ' a preliminary plat. Such major subdivisions are required only to submit a final plat which shall be reviewed and approved in accordance with the provisions of Section 3-4. Sketch design plans are optional for successive phases of a ' previously approved subdivision. The procedures for the review of a major subdivision involving new street ' construction and/or utility extensions include (i) sketch design plan review by the Administrator and the County's Technical Review Committee (TRC) and approval by the Planning Commission, (ii) preliminary plat review by the Administrator and ' TRC and approval by the Planning Commission, and (iii) final plat review and approval by the Planning Director. The Technical Review Committee shall consist of representatives of the following departments or agencies: Department of Planning and Inspections, Environmental Health, Fire Marshal/EMS, Parks and Recreation, County Engineering, Mosquito and Rabies Control, and Carteret County Planning Commission. TRC members may also include representatives of other local, county, state, and federal agencies as well as representatives of privately owned utility providers. At a minimum, the following agencies shall be given an opportunity to make recommendations concerning a subdivision plat before the plat is approved: ' (A) The NCDOT district highway engineer as to proposed State roads, State highways, and related drainage systems and ' (B) The county health director or local public utility, as appropriate, as to proposed water and/or sewer systems. The Planning Director shall be responsible for scheduling TRC meetings and coordinating the review of subdivisions plats. ' 3-6 Sketch Design Plan 3-6.1 Submission Requirements The subdivider shall submit to the Administrator a sketch design plan prior to submitting a preliminary plat. The sketch design plan shall conform to the following requirements: (A) A minimum number of five copies of a sketch design plan shall be submitted to the Administrator prior to the second Thursday of the month in which the proposed subdivision is to be reviewed. ' (B) A minimum number of twelve copies of a sketch design plan shall be submitted 14 calendar days prior to the regularly scheduled IPlanning Commission meeting date. Article lll, Procedures For Plat Approval 3-3 ' October 8, 2001 (C) A sketch design plan shall be drawn at a scale of approximately one inch to one hundred feet unless the size of property dictates a different scale. ' (D) The sketch design plan shall depict or show: ' (1) A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, streets and waterways. i(2) Total acreage to be subdivided, minimum lot size, street and lot layout, and acreage left in open spaces or other ' uses. (3) Existing uses of the land within the subdivision and adjoining it. (4) The name, address and telephone number of the owner and developer. (5) Streets and lots of adjacent developed or platted properties. (6) Zoning classifications of the tract and of adjacent properties, if applicable. (7) Areas of Environmental Concern. ' 3-6.2 Sketch Design Plan Review Procedures The Administrator, TRC, and Planning Commission shall review the sketch design plan for general compliance with these Subdivision Regulations. Upon receipt of a minimum of 5 copies of the sketch design plan, the Administrator shall schedule a TRC meeting for a review of the sketch plan. The deadline for submission of the sketch plan shall be the second Thursday of the month in which the plan is to be reviewed. The ' TRC meeting shall be regularly scheduled for the third Thursday of each month. Following the TRC review, the Administrator shall forward the TRC's findings and recommendations to the Planning Commission at least 5 days prior to the Planning Commission meeting. If the Administrator determines that the sketch plan is incomplete, the Administrator shall notify the applicant of the deficiencies. Sketch plans ' shall not be forwarded to the Planning Commission until all deficiencies have been corrected. The Planning Commission shall review the sketch design plan and the findings and recommendations of the Administrator and TRC, and any other reports or recommendations pertaining to the sketch plan and shall approve, approve with conditions, or disapprove the sketch plan. The Planning Commission shall review and take action on each sketch plan within forty-five days after first consideration by the Planning Commission. i Article lll, Procedures For Plat Approval 3-4 ' October 8, 2001 If the Planning Commission disapproves the sketch plan, the reasons for disapproval shall be stated in writing and reference shall be made to the specific section(s) of the ordinance with which the plan does not comply. ' If the Planning Commission approves the sketch plan, the developer is authorized to proceed with the preparation of a preliminary plat. ' 3-7 Preliminary Plat Review and Approval Procedures 3-7.1 Submission Requirements The applicant for preliminary subdivision plat approval shall submit to the Administrator, at least 14 calendar days prior to the regularly scheduled Planning Commission meeting at which the plat will be considered, 12 prints of the proposed subdivision. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one -inch equals not more than one hundred feet. The applicant shall also submit any required application forms and any 1 required fee. 3-7.2 Preliminary Plat Contents The preliminary plat shall be consistent in concept with the previously ' approved sketch plan and shall contain the following information: (A) The name of the subdivision, which name shall not duplicate the ' name of any existing subdivision as recorded in the Carteret County Registry; . (B) The name, address, and telephone number of the subdivision owner or owners; (C) The township, county and state where the subdivision is located; (D) The name, address, and telephone number of the surveyor, surveyor's registration number, and the date of survey; ' (E) The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph; and ' (F) All of the additional information required by NCGS § 47-30, NCGS § 39-32.3, and Appendix A. 3-7.3 Administrator and TRC Review Upon receipt of the requisite copies of the proposed preliminary plat, the Administrator shall schedule a TRC meeting for a review of the ' preliminary plat. The deadline for submission of the preliminary plat shall be the second Thursday of the month in which the plat is to be reviewed. The TRC meeting shall be regularly scheduled for the third Thursday of each month. Following the TRC review, the Administrator shall forward the staffs findings and recommendations to the Planning Commission at ' least 5 days prior to the Planning Commission meeting. If the Article 111, Procedures For Plat Approval 3-5 ' October 8, 2001 ij fl I Li P Administrator determines that the plat is incomplete, the Administrator shall notify the applicant of the deficiencies. Plats shall not be forwarded to the Planning Commission until all deficiencies have been corrected. 3-7.4 Planning Commission Review and Action The Planning Commission shall review the preliminary plat and the findings and recommendations of the Administrator and TRC, and any other reports or recommendations pertaining to the plat and shall approve, approve with conditions, or disapprove the preliminary plat. The Planning Commission shall review and take action on each preliminary plat within forty-five days after first consideration by the Planning Commission. (A) If approval is granted, written confirmation shall be made on two copies of the preliminary plat. One copy of the approved preliminary plat shall be returned to the applicant. Approval of the preliminary plat is authorization for the applicant to proceed with the construction of the necessary improvements. Preliminary approval shall be valid for a period of 12 months from the date of approval of the plat by the Planning Commission unless an extension of time is applied for and granted by the Planning Commission or unless a longer time period is established under applicable vested rights provisions. Preliminary plats whose approval has elapsed shall be resubmitted in accordance with the provisions of this Section. Resubmitted plats shall conform to the current requirements of these subdivision regulations. (B) If the Planning Commission conditionally approves the preliminary plat, the conditions and reasons thereof shall be stated in writing. (C) If the Planning Commission disapproves the preliminary plat, the reasons for disapproval shall be stated in writing and reference shall be made to the specific section(s) of these Subdivision Regulations with which the plat does not comply. The applicant may make the recommended revisions and submit a revised preliminary. 3-8 Final Plat Review and Approval Procedures 3-8.1 Conformance With Preliminary Plat The final plat shall conform substantially to the approved preliminary plat. If the submitted final plat deviates in its overall design from the approved preliminary plat, the plat shall be reviewed by the Planning Commission following the same review and approval procedures set forth in Section 3- 7 for preliminary plats. 3-8.2 Submission Requirements The applicant for final plat approval shall submit to the Administrator a final plat made of material and of a size that will be acceptable to the Carteret County Register of Deeds Office for recording purposes. When more than one sheet is required to include the entire subdivision, all Article lll, Procedures For Plat Approval 3-6 October 8, 2001 sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at one -inch equals not more than one hundred feet. The applicant shall also submit seven prints of the plat as well as any required application forms and any required fee. 1 3-8.3 Final Plat Contents The final plat shall contain the following information: (A) The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Carteret County Registry; ' (B) The name, address and telephone number of the subdivision owner or owners; (C) The township, county and state where the subdivision is located; (D) The name, address and telephone number of the surveyor, surveyor's registration number, and the date of survey; (E) The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph; (F) All of the additional information required by NCGS § 47-30, NCGS § 39-32.3, and Appendix A; and (G) All of the applicable certificates required in Appendix B. 3-8.4 Planning Director Approval The Planning Director shall approve the final plat unless the Planning Director finds that the plat fails to comply with one or more of the 1 requirements of these Subdivision Regulations or that the final plat differs substantially from the plans and specifications approved for the preliminary plat. If the final plat is disapproved by the Planning Director, ' the applicant shall be furnished with a written statement of the reasons for the disapproval and reference shall be made to the specific section(s) of these Subdivision Regulations with which the plat does not comply. When the final plat is approved by the Planning Director, a signed written certification to this effect shall be entered on the face of the plat in ' accordance with the requirements of Appendix B. The Planning Director shall take expeditious action on a final plat. If the Planning Director fails to act within 30 days after the final plat is ' submitted, the applicant may request that the final plat be reviewed by the Planning Commission for final plat approval according to the same review and approval procedures set forth in Section 3-7 for preliminary plats. ' The Planning Director may at any time, however, refer an application for final plat approval to the Planning Commission. Article lll, Procedures For Plat Approval 3-7 October 8, 2001 u 1 3-8.5 Appeals From the Decision of the Planning Director on Final Plats If a final plat is disapproved by the Planning Director, the applicant may appeal the decision by requesting that the final plat be scheduled for review by the Planning Commission according to the same review and approval procedures set forth in Section 3-7 for preliminary plats. 3-8.6 Required Improvements No final plat shall be approved until all required improvements have been installed and approved or appropriate surety has been provided as set forth in Articles IV and V. 3-9 Recordation of Final Plats Approval of a final plat is contingent upon the plat being recorded in the Office of the Register of Deeds within six months after the approval date of the final plat. Failure to record the approved plat within the specified 6-month period shall render the plat null and void. 3-10 Dedication and Acceptance 3-10.1 Rights -of -Way and Easements (A) The approval and recordation of a final plat does constitute an offer to dedicate but does not constitute dedication to and acceptance for maintenance responsibility by the County or the public of any public road, alley, or utility or drainage easement shown on such plat. Improvements within such rights -of -way or easements, such as utility lines, road paving, drainage facilities, or sidewalks may, however, be accepted for maintenance by the North Carolina Department of Transportation or by the private utility provider upon compliance with applicable NCDOT and private utility provider guidelines and standards. (B) Open Space. Land designed as public open space on a final plat shall be considered to be offered for dedication until such offer is officially accepted by the County. The offer may be accepted by the County through: (1) Express action by the Board of County Commissioners of Carteret County; (2) Express action by an administrative officer designated by the Board of County Commissioners of Carteret County; or (3) Conveyance of fee simple marketable title (unencumbered financially and environmentally) of the property to the County at the time of final plat recordation. Until such dedication has been accepted, land so offered may be used for open space purposes by the owner or by the owners' association. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use. Article 111, Procedures For Plat Approval 3-8 October 8, 2001 (C) Maintenance. The developer shall be responsible for the maintenance of all facilities and improvements until an offer of ' dedication is accepted. I 1 1 Article lll, Procedures For Plat Approval ' October 8, 2001 11 i 11 I 1 I ARTICLE IV STANDARDS OF DESIGN 4-1 General 4-1.1 Design All proposed subdivisions shall comply with this Article, shall be designed to promote beneficial development of the community, and shall bear a reasonable relationship to the approved plans of the County. The design of all utility, stormwater, street, recreation and park improvements shall be reviewed and approved by the County staff, NCDOT or the applicable service provider. 4-1.2 Development Name In no case shall the name of a proposed development duplicate or be phonetically similar to an existing development name in Carteret County unless the proposed development lies adjacent or in proximity to the existing development. 4-1.3 Reasonable Relationship All required improvements, easements, and rights -of -way (other than required reservations) shall substantially benefit the development or bear a reasonable connection to the need for public facilities attributable to the new development. Whenever a tract to be subdivided includes or adjoins any part of a thoroughfare or collector road as designated by an officially adopted County Thoroughfare Plan, that part of such proposed public right-of-way shall be dedicated as public right-of-way within the subdivision plat in the location and to the width recommended by the Thoroughfare Plan or this Article. 4-2 Suitability of the Land (A) Land which the Planning Commission has determined, either through its own investigations or the investigations of other public agencies, to be unsuitable for development because of flooding, poor drainage, steep slopes, poor soil conditions and other such physical features which may endanger health, life, or property or necessitate the excessive expenditure of public funds for the provision and/or maintenance of public services shall not be approved for subdivision unless methods are formulated by the developer for mitigating the problems created by the subdivision of such land. (B) Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Carteret County Environmental Health Department, a structural engineer, and a soils expert determine that the land is suitable for the type of construction proposed. Article IV, Standards Of Design ' October 8, 2001 ' (C) All subdivisions shall be consistent with the provisions of the Carteret County Flood Damage Prevention Ordinance. Required public utilities and facilities in all subdivisions shall be installed so as to minimize flood ' damage. (D) Where Areas of Environmental Concern have been identified, the ' suitability of the land in those areas will be based upon the guidelines and standards developed in accordance with the Coastal Area Management Act of 1974. 4-3 Lots The size, shape, and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall conform to the following standards. 4-3.1 Minimum Lot Dimensional Requirements (A) Lots within Zoned Areas. Every lot shall have sufficient lot area, lot dimensions, and building setbacks to permit a principal building to be erected thereon in compliance with the applicable requirements of the Carteret County Zoning Ordinance. Lots not served by public water and/or sewer service shall comply with the specifications and ' standards of the Carteret County Environmental Health Department, but in no case shall the lot size be less than the minimum lot size required in the underlying zoning district. 11 H 11 11 (B) Lots within Unzoned Areas. Every lot shall have sufficient lot area, lot dimensions, and building setbacks to permit a principal building to be erected thereon in compliance with the requirements delineated in the tables below. Lots not served by public water and/or sewer service shall comply with the specifications and standards of the Carteret County Environmental Health Department, but in no case shall the lot size be less than the minimum lot size required in the table below. Minimum Lot Area and Lot Dimensions Lot Width Lot Lot Area Lot Width (ft.) on Frontage Improvements (sq. ft) (ft.) cul-de- sac bulb Public water 7,000 60 40 25 and sewer Public water, 15,000 70 50 25 no public sewer No public water 20,000 80 60 25 nor public sewer Article IV, Standards Of Design October 8, 2001 I n Lot width is measured at the building setback line Minimum Building Setbacks From the front property line 20 feet From the front property line on a lot abutting a major thoroughfare street 40 feet From the side property line 10 feet From the side property line on a corner lot 15 feet From the rear property line 30 feet (C) Lots within Planned Unit Developments, townhouse developments, and group housing projects shall comply with the applicable requirements of the Carteret County Zoning Ordinance and/or the Carteret County Group Housing Ordinance. (D) Detached garages, carports and accessory buildings may be constructed a minimum of five feet from a side or rear property line. Such buildings shall, however, be set back fifteen feet from a side property line that abuts a street on a corner lot and set back from a front property line a minimum of 20 feet. In zoned areas, the minimum front setback shall be the same as the required principal building setback in the Carteret County Zoning Ordinance. 4-3.2 Lot Line Configuration Sidelines of lots should be at or near right angles or radial to street lines. No intersecting lot lines shall have an angle of less than 60 degrees. 4-3.3 Lot Lines and Drainage Lot boundaries shall coincide with natural and pre-existing man-made drainageways to the extent practicable to avoid lots that can be built upon only by altering such drainageways (see also Section 4-6.5, Utility and Drainage Easements). 4-3.4 Access Requirements 4-3.4.1 General Access Requirements and Alternative Means of Access All lots shall abut and have direct access to a publicly maintained street, except as provided for in this section or in the Carteret County Zoning Ordinance, if applicable. It is the intention of this section that newly created lots and parcels have access to a public street to ensure (i) legal ingress and egress for the owner/user of the lot, emergency vehicles, and public service vehicles; (ii) adequate provision of an all- weather travel surface; and (iii) sufficient means for the long- term maintenance of the roadway. As an alternative, access may be permitted from a private street meeting the standards Article W, Standards Of Design October 8, 2001 delineated in Section 4-4.7. If, after thoroughly investigating the feasibility of utilizing a public or private street for access and evaluating the site features and characteristics which ' make their use infeasible, the subdivider may propose an alternative means of access authorized in this section. The Planning Commission may approve such alternative means of ' access if, in its opinion, the alternative means of access proposed will sufficiently meet the intention of this section and comply with the conditions delineated herein. (A) Lots and units located in developments with Owners' Associations or in group housing developments in which permanent access is guaranteed by means of approved private streets and/or drives designed in accordance with the requirements of Section 4-4.7 may be approved by the Planning Commission as an alternative means of access to a public street. (B) Flag lots may be approved by the Planning Commission ' as an alternative means of access provided that the following requirements are met: (1) A flag lot shall serve only one single-family dwelling and its uninhabited accessory structures except as otherwise allowed by the Carteret County ' Manufactured Housing Ordinance for manufactured homes on individual areas in unzoned areas; (2) Generally, the maximum flagpole length shall not exceed 300 feet. However, the Planning Commission may authorize a length in excess of 300 feet if, in the opinion of the Planning Commission, extenuating site conditions warrant a greater flagpole length; (3) The minimum flagpole width on an approved public or private street shall be 25 feet; t (4) The maximum lot size in areas with public sewer shall be 1 acre. The maximum lot size without public sewer shall be 3 acres. (Note: The `flagpole' portion of the lot is not used to calculate area, width, depth, and setbacks of the lot or to provide off-street parking.); ' (5) The minimum separation between the flagpole portion of the lot and that of another flag lot shall be ' 150 feet; (6) Where public water is available, any building on the flag lot must be within 1,000 feet of a hydrant. This Article IV, Standards Of Design 4-4 ' October 8, 2001 11 1 I J distance shall be measured along the street, then along the flagpole, then in a straight line to the building location; (7) Where public sewer is available, occupied buildings on the flag lot shall have a gravity service line, or the sewer pump requirements shall be noted on the plat; (8) Use of a single driveway to serve a flag lot and an adjoining lot is permitted and encouraged; the preferred location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole; (9) No resubdivision of a flag lot shall be permitted unless access to the proposed new lot(s) can be provided from an approved public or private street; and (10) Flag lots shall be approved by the Planning Commission only where the configuration of the parcel or site features warrant such a lot design. Authorizing a flag lot design is intended to accommodate a particular extenuating circumstance which makes traditional lot design infeasible. Therefore, flag lots should be judiciously approved. (C) Lots served by a private lane. may be approved by the Planning Commission as an alternative means of access provided that the following requirements are met: (1) A private lane shall serve no more than 10 residential parcels; (2) The minimum easement width shall be 45 feet. In addition, 10-foot construction easements on each side of the 45-foot permanent easement shall be provided to allow for the possible upgrade to a public street; (3) A minimum travelway of 18 feet in width with a minimum height clearance of 14 feet shall be provided; (4) The travelway shall have a base course constructed to NCDOT standards. No paving of the travelway is required; Article W, Standards Of Design 4-5 October 8, 2001 1 1 11 11 (5) The private lane shall intersect with an approved public street; (6) Authorization for the creation of lots on a private lane shall be given by the Planning Commission only after all other alternatives for providing access (public street or private street) have been considered and determined by the Planning Commission not to be practicable; (7) Once the maximum ten lots have been created, no resubdivision of lots located on a private lane shall be permitted unless access can be upgraded to a private street or public street. A notation shall be placed on the face of the plat that states: `No more than ten lots, including the resubdivision of the lots served by the private lane, shall be permitted unless the private lane is upgraded by the property owner(s) to a private street or public street that meets or exceeds the standards of Carteret County or the NCDOT, whichever is applicable', (8) A disclosure statement (see Appendix B) stating that maintenance of the private lane is the responsibility of the property owner(s) shall be placed on the plat; (9) A property owners association established in accordance with Article VI shall be created to ensure maintenance of the private lane; (10) A 24" x 30" sign with 2-inch letters shall be posted at all entrances of the private lane and shall state, `Private Lane Maintained by Property Owners: (11) The location of the easement must be recorded on a plat; and (12) The private lane shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s). (D) Lots served by an access easement may be approved by the Planning Commission as an alternative means of access provided that the following requirements are met: (1) An access easement shall serve no more than 3 residential parcels; (2) The minimum easement width shall be 45 feet; Article IV, Standards Of Design 4-6 October 8, 2001 (3) A minimum travelway of 12 feet in width with a minimum height clearance of 14 feet shall be provided; ' (4) The travelway shall have an all-weather surface; ' (5) The access easement shall intersect with an approved public street; ' (6) The creation of lots on an access easement shall be limited to a one-time occurrence for any one parcel or tract existing at the time of the adoption of this Section. (7) Authorization for the creation of lots on an access ' easement shall be given by the Planning Commission only after all other alternatives for providing access (public street, private street, or private lane) have been considered and determined ' by the Planning Commission not to be practicable; (8) No resubdivision of lots located on an access easement shall be permitted unless access can be upgraded to a private lane, private street, or public street. A notation shall be placed on the face of the ' plat that states: 'No additional lots, including the resubdivision of the lots served by the access easement, shall be permitted unless the access easement is upgraded by the property owner(s) to ' a private lane, private street, or public street that meets or exceeds the standards of Carteret County or the NCDOT, whichever is applicable; (9) A disclosure statement (see Appendix B) stating ' that maintenance of the access easement is the responsibility of the property owner(s) shall be placed on the plat; (10) A recorded maintenance agreement shall be required in cases where more than one lot is served by the access easement; (11) If the access easement serves more than one parcel, a 24" x 30" sign with 2-inch letters shall be posted at the entrance of the access easement and shall state, 'Access Easement Maintained by Property Owners'. ' (12) The location of the easement must be recorded on a plat; and Article IV, Standards Of Design 4-7 ' October 8, 2001 ' (13) The access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s). ' (E) Lots within a family subdivision, as defined in Article II, may be approved by the Planning Commission with ' access as outlined in this subsection provided that all of the conditions delineated below are met: ' (1) To qualify as a family subdivision, the property owner must provide proof that ownership of the tract to be subdivided has been in continuous ' ownership for a minimum of 15 years; (2) No more than 3 new lots may be created with access via an easement that is a minimum of 20 feet in width; (3) The creation of lots on an access easement shall be limited to a one-time occurrence for any one parcel or tract existing at the time of the adoption of this Section; (4) The easement must front on a public road, private road, or historical access. Historical access is defined as an access way that is referenced in a ' deed and shown on a recorded survey. The historical access must have been in use for a minimum of 20 years; (5) That portion of the historical access that abuts the entire family property must be maintained by the ' owner of the family property with 6 inches of compacted all-weather material for the width of the existing travelway. Installation of the all-weather material must be certified by a licensed engineer or surveyor; ' (6) The easement must be a deeded access to the newly -created lots; ' (7) The newly created lots must meet the minimum lot requirements of this ordinance or the Carteret County Zoning Ordinance; ' (8) The newly created lots may not be further resubdivided unless access can be upgraded to a ' private lane, private street, or public street. A notation shall be placed on the face of the plat that states: `No additional lots, including the ' resubdivision of the lots served by the access Article IV, Standards Of Design 4-8 ' October 8, 2001 U L easement, shall be permitted unless the access easement is upgraded by the property owners) to meet or exceed the standards of the Carteret County Subdivision Regulations. The lot(s) shown on this plat has (have) been created for the purpose of a family subdivision.' (9) A disclosure statement (see Appendix B) stating that maintenance of the access easement is the responsibility of the family property owner(s) shall be placed on the plat; (10) A recorded maintenance agreement shall be required in cases where more than one lot is served by the access easement; (11) The location of the easement must be recorded on a plat; and (12) The access easement shall permit ingress, egress, and regress and necessary utilities required to serve the lot(s). 4-3.4.2 Special Access Requirements for Subdivisions Located Adjacent To Thoroughfares with Capacity Deficiencies and for Nonresidential Subdivisions (A) Major and minor subdivisions shall not be approved that propose individual residential lots with direct vehicular access to roads that have, in the opinion of the NCDOT and the Technical Review Committee, capacity deficiencies that warrant the prohibition of the platting of lots with direct vehicular access. (B) Whenever a proposed major or minor subdivision abuts any principal arterial, minor arterial, major collector, or minor collector (as delineated on the latest adopted Thoroughfare Plan), the Planning Commission, or the Administrator in the case of a minor subdivision, may prohibit the platting of lots with direct vehicular access to such roads. The Planning Commission's or Administrator's decision to require suitable access shall be based upon the need to provide safe access to proposed lots, reduce interference with the existing traffic pattern and flow, and provide buffering of the proposed lots from adverse effects from traffic noise. (C) In order to reduce traffic congestion, commercial and industrial subdivisions may be required to provide a frontage road or other suitable means of access along major thoroughfares, as shown on the adopted thoroughfare plan, unless the Planning Commission Article IV, Standards Of Design 4-9 October 8, 2001 n determines that no practicable alternative for access exists. Where a frontage road is required, intersections with public streets shall be spaced no closer than 800 feet. Frontage roads may be permitted within the rights - of -way of existing streets subject to the approval of the NCDOT. 4-3.5 Water and Sewage Disposal Every lot in a subdivision shall be served by a water supply system and a sewage disposal system that (i) is adequate to accommodate the reasonable needs of the proposed use of the lot and (ii) complies with all applicable health regulations and/or the County of Carteret's specifications and standards for water and sewer facilities. 4-4 Streets 4-4.1 Conformance with Thoroughfare Plans The location and design of streets and roads shall be in conformance with any applicable, adopted thoroughfare plan. Where conditions warrant, right-of-way widths and pavement widths in excess of the minimum street standards may be required. 4-4.2 Conformance with Adjoining Road Systems The planned street layout of a proposed subdivision shall be compatible with existing or proposed streets and their classifications on adjoining or nearby tracts. 4-4.3 Access to Adjoining Property Where, in the opinion of the Planning Commission, or the Administrator in the case of a minor subdivision, it is desirable to provide for street access to adjoining property, proposed streets shall be extended, dedicated, and, where appropriate, constructed to the boundary of such property. It is the intention of this section to promote the orderly development of a local street system that provides interconnection between developed or developing properties. Factors that should be evaluated when considering requiring the extension of streets or street rights -of -way to adjoining property include (i) the development potential of the adjoining land; (ii) the physiographical and man-made characteristics of the adjoining property, and (iii) the existing and proposed local street system and traffic flow of the entire area surrounding the subdivided tract and adjoining properties. Generally, 'stub streets' shall be required (i) where the zoning and/or land use on the adjoining property are compatible with the proposed subdivision, (ii) where there are no natural or man-made barriers that make the street extension impracticable, (iii) where the street extension will result in desirable traffic flows and patterns and where inappropriate levels of through traffic are avoided, and (iv) where the street extension will promote the overall orderly development of the area. All stub streets shall be designed and, where required to be built, constructed in accordance with the appropriate standards as delineated in these subdivision regulations. Article IV, Standards Of Design ' October 8, 2001 ' 4-4.4 Reserve Strips Reserve strips adjoining streets rights -of -way for the purposes of preventing access to adjacent property shall not be permitted under any ' condition. 4-4.5 Street Classification The final determination of the classification of streets in a proposed subdivision shall be made by the County. 4-4.6 Public Street Design Criteria Public roads shall be designed in accordance with the North Carolina Department of Transportation (NCDOT) Subdivision Roads; Minimum Construction Standards. In the case where a municipality providing the proposed subdivision with utility service(s) requires that its public road standards be adhered to and where those standards exceed the NCDOT road standards, the municipality's road standards shall be complied with. 4-4.7 Private Street Design Criteria (A) Private streets shall be permitted in developments with Owners' ' Associations. (B) The minimum design standards for all private streets will be equivalent to the minimum standards and specifications of the North Carolina Department of Transportation (NCDOT) for subdivision roads. Certification from a registered, professional ' engineer that private streets have been constructed in accordance with minimum NCDOT standards and specifications shall be provided to the Administrator prior to final plat approval or, in the case of an improvements guarantee, prior to the release of the bond. (C) An Owners' Association is required to own and maintain all private streets allowed under this ordinance. All private streets will be indicated as such on the plat. (D) No through street in a residential area connecting two public streets can be designated as a private street, unless approved by the Planning Commission. ' (E) All private streets, connecting with state -maintained streets, require an approved driveway application from the NCDOT. ' (F) In the event sidewalks are constructed, the minimum width shall be 4 feet. (G) A disclosure statement in accordance with NCGS 136-102.6 shall be recorded simultaneously with the plat and referenced on the final plat. The disclosure statement must contain the provision(s) for construction and/or maintenance of the private street (see Appendix B). Article IV, Standards Of Design 4-11 October 8, 2001 (H) A 24" x 30" sign with 2-inch letters shall be posted at all entrances of the private street and shall state, `Private Street Maintained by Property Owners 4-4.8 Intersecting Street Angle (A) All streets shall intersect at or as near to 90 degrees as possible within topographic limits, and no street shall intersect any other street at an angle less than 75 degrees. (B) All streets crossing natural areas, wetlands, or stream buffers must cross at or as near to 90 degrees as possible within topographic limits. 4-4.9 Cul-de-sac The maximum distance from an intersecting through street to the end of a cul-de-sac shall be 900 feet, except where, upon the approval of the Planning Commission, existing conditions warrant a modification of this requirement. The radius of the paved portion of a cul-de-sac street shall be a minimum of 35 feet. ' 4-4.10 Minimum Street Offset (A) Where streets are offset, the centerlines shall be offset no less than 150 feet. (B) Except where no other alternative is practicable or legally ' possible, no two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersecting street is a major thoroughfare, the distance between intersecting streets shall be at least 1,000 feet. 4-4.11 Curb and Gutter ' (A) Curbs and gutters, if provided, shall be constructed in conformance with the design criteria of the NCDOT. ' (B) As provided in NCGS 136-44.14, whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major ' points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the NCDOT. 4-4.12 Temporary Turnarounds Streets stubbed to adjoining property or phase lines may be required -to have a temporary turnaround at the end of the street that will be sufficient ' to permit service vehicles to turn around. The radius of the temporary turn around shall be a minimum of 40 feet. 1 I Article IV, Standards Of Design 4-12 October 8, 2001 ' 4-4.13 Grades at Intersections The grade on stop streets approaching an intersection shall not exceed 5 percent for a distance of not less than 100 feet from the centerline of the ' intersection 4-4.14 Sight Distance Easements ' Triangular sight distance easements shall be shown in dashed lines at all street intersections and so noted on the subdivision plat. These easements will remain free of all structures, trees, shrubbery, and signs, except utility poles, fire hydrants, and traffic control signs. The location and extent of sight distance easements will be in conformance with the NCDOT requirements for public roads. ' 4-4.15 Street Names and Property Addresses Streets that are obviously in alignment with existing streets shall generally bear the name of the existing street. Street names shall not duplicate or closely approximate phonetically the names of existing streets in Carteret County. Street suffixes and addresses shall conform to the standards established by the County. ' 4-4.16 Street Name and Traffic Control Signs Street name and traffic control signs that meet the County and NCDOT specifications shall be placed at all public and private street intersections. The developer shall be responsible for installing all street name and traffic control signs. The maintenance of signs on private streets and drives shall be the responsibility of the owner or of an Owners' Association, as applicable. 4-4.17 Street Construction Plans Construction plans for all subdivision streets that are proposed for state maintenance shall be submitted to the NCDOT following preliminary plat approval. No public street improvements shall be constructed until street construction plans have been reviewed and approved by the NCDOT. 4-4.18 Street Inspection Work performed pursuant to approved street construction plans shall be inspected and approved by the NCDOT. ' 4-4.19 Bridges All bridges shall be constructed in accordance with the standards and specifications of the NCDOT, except that bridges on roads that will not be ' publicly dedicated may be approved if designed by a registered, professional engineer. 4-5 Blocks 4-5.1 Block Length Intersecting streets shall be laid out at such intervals that block lengths are not more than 1,500 feet except where, upon the approval of the Planning Commission, existing conditions justify a modification of this ' requirement. Article IV, Standards Of Design 4-13 October 8, 2001 4-5.2 Block Width ' Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where otherwise required to separate residential development from through traffic or nonresidential uses. 4-6 Utilities and Stormwater Management 4-6.1 Utility Construction Plans ' Construction plans for all water and sanitary sewer facilities shall be submitted to the County or other appropriate utility provider following preliminary plat approval. For each subdivision section, the utility construction plans shall include all improvements lying within or adjacent to that section as well as all water and sanitary sewer lines lying outside that section and being required to serve that section. No utility improvements shall be constructed until the utility construction plans have been reviewed and approved by the applicable utility provider. 4-6.2 Utility Improvements Inspection Work performed pursuant to approved utility construction plans shall be inspected and approved by the applicable utility provider. 4-6.3 Public Water and Sewer Construction Requirements (A) Water and sewer lines, connections, and equipment shall be constructed in accordance with state and local regulations and ' policies and to the specifications and standards of the applicable utility provider. (B) In the interest of adequately providing service to adjacent properties, the County may require the installation of certain oversized utility improvements or the extension of utility ' improvements to adjacent properties. If the County requires the installation of utility improvements in excess of the standards and specifications required in this ordinance as well as those adopted by reference, the County shall pay the cost of differential between the required oversized improvements and the standard improvements required by this ordinance. (C) As -built drawings shall be submitted to the County or other appropriate utility provider within 30 days of the completion or installation of required utility, stormwater, street, park, and ' recreational improvements. Final plat approval shall be withheld until all required as -built drawings are provided to the County. 1 4-6.4 Water and Wastewater Disposal Connection (A) Connection of each lot to public water and sewer utilities shall be required if the proposed subdivision is within the minimum distance of the nearest adequate lines of a public system specified in the following table, provided that no geographic or topographic factors would make such connection infeasible or that a specific variance of this requirement is granted by the Planning Article IV, Standards Of Design 4-14 October 8, 2001 11 1 Commission in cases where it is not legally possible to obtain necessary easements for extending the utility lines: Dwelling Units Distance to Public System 0-10 200' 11-20 300' 21-50 600' 51-100 1,000' 101 or more 1,500' If the tract to be subdivided is proposed to contain the number of dwelling units indicated in the left hand column of the above table or with a nonresidential use that places a comparable demand on the water and/or sewer system, then the distance within which the tract must be connected is indicated in the right hand column of the table. In determining the number of dwelling units proposed for the tract, all phases of the proposed subdivision shall be considered. (B) Where public sewer is not available, lots shall be evaluated, at the ' developer's expense, in accordance with Laws and Rules for Sanitary Sewage Collection, Treatment, and Disposal 15 A NCAC 18 A 1990. Approval of the Carteret County Environmental Health Department shall be obtained prior to preliminary plat approval. The final plat shall show lot(s) denied or not evaluated crosshatched and labeled 'NO IMPROVEMENT PERMIT HAS BEEN ISSUED FOR THIS LOT.' (C) Water and sewer lines shall be constructed in conformance with the design criteria of the County or to the standards and specifications of another water and sewer service provider if applicable. (D) Where public water is not available, wells and/or other private water systems shall be constructed in accordance with the standards and specifications of the Carteret County Environmental Health Department, applicable County ordinances, and applicable State of North Carolina regulations. r4-6.5 Utility and Drainage Easements (A) Easements shall be provided for electrical, telephone, natural gas, ' cable television, water, and sewer utilities where necessary to serve every platted lot. The developer and the utility provider(s) shall agree on the location and the width of the easements. Any easements for subsurface sewage disposal systems shall be delineated on the final plat and described by bearings and distances. (B) The developer shall transfer to the applicable utility provider the necessary ownership or easement rights to enable the utility provider to operate and maintain the utility facilities. In addition, Article IV, Standards Of Design 4-15 October 8, 2001 ' the developer shall dedicate sufficient easement rights to accommodate the extension of utility service to adjacent or nearby properties whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments. ' (C) 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 lines of such water course, and such further width or construction, or both, as will be adequate for the purpose of drainage. Parallel streets may be required in connection therewith. (E) Lakes, ponds, creeks, 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 control system. The acceptance of such dedicated areas must be reviewed and recommended by the ' Planning Commission before the Board of County Commissioners will consider accepting it. 4-6.6 Stormwater Management (A) An adequate surface water drainage system, including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall be provided for the proper drainage of all surface water. The surface water drainage system plan shall be designed in accordance with the Sedimentation Pollution Control Act, the North Carolina Stormwater Run-off Regulations, the Handbook for the Design of Highway Surface Drainage Structures, and the specifications and standards of the NCDOT. ' (B) The storm drainage system shall follow existing topography as nearly as practical, shall divert stormwater away from surface waters, and shall incorporate stormwater Best Management Practices to minimize adverse water quality impacts. The banks of ditches shall be immediately seeded upon grading and installation of utilities and the ditch itself shall be improved with appropriate vegetative cover to retard erosion. (C) No surface water shall be channeled into a sanitary sewer. ' (D) Where feasible, the subdivider shall connect the new subdivision's storm drainage system to an existing storm drainage system. Where an existing storm drainage system cannot feasibly be extended to the new subdivision, a drainage system shall be designed to protect the proposed development from water ' damage. Ten-year storm drainage data shall be used as a minimum standard for storm drainage system design. Article IV, Standards Of Design 4-16 ' October 8, 2001 ' 4-6.7 Electric Power Every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of the uses ' anticipated within the subdivision. 4-6.8 Telephone Service Every lot within a subdivision shall have available to it a telephone service cable adequate to accommodate the reasonable needs of the uses anticipated within the subdivision. ' 4-6.9 Fire Hydrants Every subdivision that is served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection. (A) The fire marshal shall determine the precise location of all fire hydrants within the subdivision. The minimum spacing between fire hydrants shall be 1,800 feet. (B) The fire marshal shall determine the design standards of all ' hydrants based on fire flow needs. Unless otherwise specified by the fire marshal, all hydrants shall be American Water Works Association approved and shall have two 5-inch connections and ' one 4.5-inch connection with national standard threads. (C) All fire hydrants shall be painted and marked according to National Fire Protection Association (NFPA) standards, unless approved by the fire marshal after reviewing the data provided by the developer. r(D) No fire hydrants shall be installed on less than a 6-inch water main, unless approved by the fire marshal after reviewing flow data provided by the developer. 4-7 Sidewalks (A) If sidewalks are provided, they shall be a minimum of four feet in width and shall be a minimum of four inches in depth. (B) As provided in NCGS 136-44.14, whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. ' Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the NCDOT. 4-8 Water Access (A) All subdivisions adjoining a waterfront shall provide for access to the water. The purpose of the water access is to provide access to all property owners within the subdivision. The minimum width of the water access shall be fifteen feet. Water access shall only be required for major Article IV, Standards Of Design 4-17 October 8, 2001 subdivisions (minor subdivisions are exempt from the requirements of this section). (B) All water access shall be directly accessible to a publicly maintained street right-of-way or approved private street right-of-way. ' (C) The water access shall be the maintenance responsibility of the homeowners' or property owners' association. (D) Where an existing publicly dedicated and maintained boat dock, launching ramp, or other water access provided by the County, the State of North Carolina, or the United States Government is within or contiguous to the area to be subdivided, such facilities or access may count towards meeting the water access requirements contained herein. 4-9 Townhouses Subdivisions designed to accommodate townhouse and other types of single- family attached development shall comply with the additional provisions of Section 8-29 of the Carteret County Group Housing Ordinance. ' 4-10 Planned Unit Developments Subdivisions designed involving Planned Unit Developments shall comply with the additional provisions of Sections 8-28 and 8-29 of the Carteret County Group Housing Ordinance and, when located within zoned areas, Sections 3206 and 3207 of the Carteret County Zoning Ordinance. LEI 4-11 Simultaneous Review The review of applications and site plans for group housing projects and planned unit developments that involve the subdivision of land shall be conducted simultaneously with the plat review process. 4-12 Buffer Areas (A) In major subdivisions intended to be used for residential purposes, a buffer strip at least ten feet in depth, in addition to normal lot depth or width required, shall be provided adjacent to all major thoroughfare highways, railroads, and industrial and commercial uses. This strip shall be a part of the platted lots and shall have the following notation lettered on the face of the plat: 'This strip is reserved for the planting of trees or shrubs by the property owner; the building of structures hereon is prohibited.' (B) Any plantings within the buffer area specified above shall be located so as not to create a visual obstruction at street intersections or at driveways. Article I v, Standards Of Design 4-18 October 8, 2001 n ' 4-13 Sites for Public Uses In subdividing property, due consideration shall be given by the developer to the reservation of suitable sites for school and other public uses in accordance with NCGS 153A-331. ' 4-14 Placement of Monuments The Standards of Practice for Land Surveying in North Carolina, as adopted by ' the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, shall apply when installing monuments. All subdivisions shall be tied to the state coordinate system (State Plane, NAD 1983). ' 4-15 Coordination with Zoning Requirements and Other Official County Ordinances and Plans Proposed subdivisions must comply in all respects with the applicable requirements of the Carteret County Zoning Ordinance and with any ordinances and plans officially adopted by the County. Whenever there is a conflict between requirements, the more restrictive shall apply. 4-16 Coordination with State and Federal Requirements All lots, structures, utilities, land disturbing activities, and filling activities shall comply with all applicable state and federal regulations, including but not limited to, the Coastal Area Management Act (CAMA) of 1974; Section 404 of the Clean Water Act, Code of Federal Regulations; and the Sedimentation Pollution Control Act of 1973. Whenever there is a conflict between requirements, the more restrictive shall apply. 4-17 Recreation and Open Space Requirements (A) Every person or corporation that subdivides land for residential purposes under the requirements contained in this ordinance shall also be required to dedicate a portion of such land; to provide cash -in -lieu -of -land payment; or to provide a combination of land, cash and facility development acceptable to the County for the purposes of developing park, recreation and open space sites to serve the residents of the proposed subdivision. Any subdivisions that develop and maintain, through a property owners association, their own park or recreational areas, including improved water access areas, are exempt. Planned Unit Developments are exempt. Minor subdivisions shall also be exempt. (B) The amount of land required to be dedicated by a subdivider shall be based on: the most recent Bureau of the Census figures for an average family size in Carteret County; a minimum park and recreation standard factor of eight acres per 1,000 persons: a variable density factor; and the total number of dwelling units or lots. Article IV, Standards Of Design 4-19 October 8, 2001 1 LI i-1 d Fnrmula Total Number of Lots multiplied by Average Family Size Per Last Census multiplied by 0.008 Acres per Person multiplied by Variable Density Factor Equals Area Required (C) Variable Density Factor Table: Example 25 lots X 2.76 persons X 0.008 X 1.2 equals 0.58 acre Average Acreage Per Lot/Unit Variable Density Factor 0.00-0.09 1.8 0.10-0.19 1.6 0.20-0.29 1.4 0.30-0.39 1.2 0.30-0.49 1.0 0.50-0.59 0.9 0.60-0.69 0.8 0.70-0.79 0.7 0.80-0.89 0.6 0.9 + 0.5 (D) Average acreage per dwelling unit or lot is computed by dividing the combined total acreage of all dwelling units or lots by the number of dwelling units or lots. For computation purposes, land dedicated or reserved for other purposes such as streets, alleys and other purposes other than residential shall not be used in determining average acreage. In no case shall a developer be required to dedicate more than 30% of the acreage of a development. (E) Variable density factor is designed to provide an adjustment to subdivision plats that contain average lot sizes of 0.5 acres and above. This adjustment is used since subdivisions with larger lots contain more open space and, thus, there is less demand for park and open space. Conversely, those subdivisions plats that create lots or units which average less than 0.4 acres are adjusted due to the density of development and the inherent increased demand for more public recreation and park land. The adjustments for large lots or for small lots are based on a sliding scale reflecting degree of density. (F) Criteria for evaluating suitability of proposed recreation, parks and open space areas shall include but not be limited to the following as determined Article IV, Standards Of Design 4-20 October 8, 2001 ' by the Carteret County Planning Commission in consultation with the Carteret County Recreation Advisory Board. (1) Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The Planning Commission may require that ' the parcels be connected and may also require a path at least thirty feet in width in addition to the land requirement. ' (2) Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision. (3) Physical Characteristics. The shape, topography and subsoils of the dedicated land shall be such as to be usable for parking and active recreation. Lakes and marshes may not be included in computing dedicated land area unless acceptable to the Planning Commission. ' (4) Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such public easement shall be at least thirty feet in width. (G) Fees in lieu of dedication. In lieu of the dedication of land as required in subsection (B), a developer may provide funds in the amount of the ' assessed value, but not to exceed $10,000.00 per acre, of the land required to be dedicated to Carteret County. The County may use the funds to purchase recreational land or areas to serve the subdivision or development in the immediate area. This may be done in lieu of ' providing the land required in subsection (B) if so approved by the Carteret County Planning Commission. ' (H) The Planning Commission may, in cases of an unusual or exceptional nature, allow adjustments in the dedication requirements established in this ordinance. Such adjustments shall be reviewed by the Carteret County Recreation Advisory Board and the Planning Commission. An unusual or exceptional nature may include but not be limited to land within the development set aside for private recreation or proposed ' expenditures for recreational facilities or equipment. (1) The expenditure of recreation funds paid by the subdivider to the County in lieu of the dedication of land shall be determined by the Carteret County Board of Commissioners. (J) If the land required for donation in a particular section of a subdivision exceeds the requirement in subsection (B), the difference can be applied to future sections. Article IV, Standards Of Design October 8, 2001 1 (K) If the overall master plan of a subdivision shows future recreation areas not included in the section receiving final plat approval, the donation of recreation land (or fees) shall not be required. However, if the amount of recreation land required by this ordinance is not developed within one year of final plat approval, the requirements of subsections (B) and (G) shall immediately apply. ' L Carteret County shall be divided into recreational districts for the purpose () tY of distributing funds that are collected from the cash -in -lieu -of -land 1 payments. These funds shall be spent only on capital improvements to county -owned recreational facilities. 1 1-1 1 Article IV, Standards Of Design 4-22 October 8, 2001 11 11 I 1 11 ARTICLE V SURETIES AND IMPROVEMENTS GUARANTEES 5-1 Sureties and Improvements Guarantees 5-1.1 Agreement and Security (A) In lieu of requiring the completion, installation, and dedication of all improvements prior to final plat approval, the County may enter into an agreement with the developer whereby the developer shall complete all required improvements. Once said agreement is signed by the developer and the security required herein is provided, the final plat may be approved if all other requirements of this ordinance are met. To secure this agreement, the developer shall provide any or a combination of the following guarantees to cover the costs of the uncompleted improvements: (1) Surety Performance Bond(s) (a) The developer shall obtain a surety bond from a surety bonding company authorized to issue said bonds in North Carolina. (b) The bond shall be payable to the County of Carteret and shall be in an amount equal to 150 percent of the entire estimated cost, as approved by the County, of installing all uncompleted improvements. (c) The bond amount and term shall be as approved by the Planning Commission. (d) The County Attorney shall review the submitted bond and make a recommendation regarding its sufficiency to the Planning Commission. (2) Cash or Equivalent Security (a) The developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the County or in escrow with a financial institution. The use of any instrument other than cash shall be subject to approval of the Planning Commission. The amount of deposit shall be equal to 150 percent of the entire estimated cost, as approved by the County, of installing all uncompleted improvements. (b) If cash or other instrument is deposited in escrow with a financial institution as provided above, then Article V, Sureties And Improvements Guarantees 1 October 8, 2001 the developer shall file with the County an agreement between the financial institution and himself guaranteeing the following: (i) That said escrow account shall be held in trust until released by the County and may not be used or pledged by the developer in 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 said improvements, the financial institution shall, upon notification by the County, immediately pay the funds deemed necessary by the County to complete the improvements, up to the full balance of the escrow amount, or deliver to the County any other instruments fully endorsed or ' otherwise made payable in full to the County. (iii) All instruments shall be reviewed by the County Attorney and a recommendation regarding their sufficiency made to the Planning Commission. (B) Duration of Financial Guarantees (1) The duration of a financial guarantee shall be of a reasonable period to allow for completion and acceptance ' of improvements. In no case shall the duration of the financial guarantee for improvements exceed one year. (2) All developments whose improvements are not completed and accepted fourteen days prior to the expiration of the financial guarantee shall be considered to be in default. Said guarantee may be extended with the consent of the County, if such extension takes place prior to default. (C) Default (1) Upon default, the surety bonding company or the financial institution holding the escrow account shall, if requested by the County, pay all or any portion of the bond or escrow fund to the County up to the amount deemed necessary by the County to complete the improvements. Upon payment, the County shall expend such funds or portion thereof to complete all or any portion of the required improvements. The County shall return any funds not spent in completing ' the improvements. Default on a project does not release the developer from liability and responsibility for completion of the improvements. Article V, Sureties And Improvements Guarantees 5-2 October 8, 2001 1 (2) Release of Guarantee Security. The County may release a portion or all of any security posted as the improvements are completed and approved by the County. 5-2 Defects Guarantees The County shall require a guarantee on utility improvements, streets, pavement, drainage facilities and other required improvements against defects for one year from the date of acceptance of construction and/or installation. The amount shall be determined by the Planning Director in consultation with the County Engineer and the developer's engineers and/or surveyors. One of the types of guarantees listed in Section 5-1.1 (A) (1) or Section 5-1.1 (A) (2) shall be provided. The above defects guarantee requirements will, however, be satisfied if the developer presents written evidence satisfactory to the Planning Director that the contractor building or installing the required improvements guarantees said improvements for a period of one year from the date of acceptance of construction and/or installations. 1 u Article V, Sureties And Improvements Guarantees 5-3 ' October 8, 2001 I ARTICLE VI ' OWNERS' ASSOCIATIONS 6-1 Owners' Associations 6-1.1 Establishment of Owners' Association (A) Creation. An Owners' Association shall be established to fulfill the ' requirement of the North Carolina Condominium Act or to accept conveyance and maintenance of all common areas and facilities within a development containing common areas. (B) Conveyance. Where developments have common areas for facilities serving more than one dwelling unit, these areas shall be conveyed to the Owners' Association in which all owners of lots in the development shall be members. All areas other than public road rights -of -way, other areas dedicated to the County, and lots shall be shown and designated as common areas. The fee -simple ' title of the common area shall be conveyed by the subdivider or developer to the Owners' Association. ' (C) Subdivision or Conveyance of Common Area. Common areas shall not be subsequently subdivided or conveyed by the Owners' Association unless a revised preliminary plat and a revised final plat showing such subdivision or conveyance have been submitted and approved. (D) Owners' Association Not Required. Developments involving only two units attached by a party wall shall not be required to have common areas or an Owners' Association. Developments with ' only two units attached and not having an Owners' Association shall have an agreement between owners concerning maintenance of party walls. ' 6-1.2 Submission of Owners' Association Declaration Prior or concurrently with the submission of the final plat for review and approval, the applicant shall submit a copy of the proposed Bylaws of the ' Owners' Association containing covenants and restraints governing the Association, plats, and common areas. The submitted documents shall be reviewed by the County Attorney and a recommendation made to the Planning Commission as to their sufficiency. The restrictions shall include provisions for the following: ' (A) Existence Before Any Conveyance. The Owners' Association declaration shall be organized and in legal existence prior to the conveyance, lease -option, or other long-term transfer of control of ' any unit or lot in the development. (B) Membership. Membership in the Owners' Association shall be ' mandatory for each original purchaser and each successive Article Vl, Owners'Associations 6-1 ' October 8, 2001 ' purchaser of a lot or unit. Provisions shall be made for the assimilation of owners in subsequent sections of the development. ' (C) Owners' Association Declaration: ' (1) Responsibilities of Owners' Association. The Owners' Association declaration shall state that the association is responsible for: (a) The payment of premiums for liability insurance and local taxes; ' (b) Maintenance of recreational and/or other facilities located on the common areas; and (c) Payment of assessments for public and private improvements made to or for the benefit of the common areas. (2) Default of Owners' Association. Upon default by the Owners' Association in the payment to the County of any ' assessments for public improvements or ad valorem taxes levied against the common areas, which default shall continue for a period of six months, each owner of a lot in ' the development shall become personally obligated to pay to the County a portion of the taxes or assessments in an amount determined by dividing the total taxes and/or ' assessments due to the County by the total number of lots in the development. If the sum is not paid by the owner within thirty days following receipt of notice of the amount due, the sum shall become a continuing lien on the property of the t owner, his heirs, devisees, personal representatives and assigns. The County may either bring an action at law against the owner personally obligated to pay the same, or ' may elect to foreclose the lien against the property of the owner. ' (3) Powers of the Association. The Owners' Association is empowered to levy assessments against the owners of lots or units within the development. Such assessments shall be ' for the payment of expenditures made by the Owners' Association for the items set forth in this Section, and any assessments not paid by the owner against whom such ' assessments are made shall constitute a lien on the lot of the owner. (4) Easements. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, and for parking, shall be granted to each lot owner. Article Vl, Owners'Associations 6-2 ' October 8, 2001 (5) Maintenance and Restoration. Provisions for common area maintenance of and restoration in the event of destruction or damage shall be established. (D) If the condominium is a nonresidential condominium, the declaration shall contain the following provision: Parking spaces shall be allocated among the individual lots or units in such a manner that each unit is entitled to a sufficient number of parking spaces to comply with this Ordinance for the use intended to be located therein. The Owners' Association shall maintain a register listing the total number of parking spaces in the development and the number of parking spaces allocated to each lot or unit. A copy of this register shall be available to the Administrator at his request. The Owners' Association shall not reduce the number of parking spaces allocated to an individual lot or unit without the express written consent of the owner thereof, and in no case shall the number of parking spaces allocated to an individual unit be reduced to a number below that required by this Ordinance. ' Article Vl, Owners'Associations October 8, 2001 ' APPENDIX A: INFORMATION REQUIRED WITH SUBDIVISION APPLICATIONS A-1-1 Number of Review and Filing Copies to be Submitted Review Filing (after approval) Type of Map or Plan # of Prints # of Prints # of Mylars Minor Subdivision Plat 6 1 1 Sketch Plan 12 1 - Preliminary Plat, Major 12 1 - Subdivision Final Plat, Major 7 2 1 Subdivision Street and Utility As required by the County, NCDOT, and Construction Plans and the applicable utility provider Profiles Note: An electronic copy, in a format acceptable to Carteret County, of all approved final major subdivision plats shall also be provided to the County. A description of the software and coordinate system used (e.g. State Plane, NAD 1983) should accompany the digital data submitted to the County. A-1-2 Required Information on Minor, Sketch, and Major Subdivisions ' Submission of all plats or maps shall contain the following information before submission to the Administrator for review. An 'X' indicates required information. Additional information may be required for approval of the plat. The ' Administrator may waive items required if it is judged that they are not necessary to complete the review. C Appendix A, Information Required With Subdivision Applications ' October 8, 2001 Minor, Sketch, and Major Subdivisions Minor Sketch Preliminary Final Information Plat Plan Plat Plat Maps or plats submitted shall not exceed X a maximum size of 24" by 36" Standard 18" by 24" sheet for plats to be X X recorded, minimum 1-1/2" border on the left side and a minimum %2' border on all other sides; or as required by the Carteret County Register of Deeds Original drawn on material as required by X X the Carteret County Register of Deeds Title Block containing: Name of Subdivision X X X X Name of the type of plat (minor plat, X X X X sketch plan, preliminary plat, etc.) Owner's name with address and daytime X X X X phone number Location (including address, township, X X X X county and state) Date(s) plat(s) prepared or revised X X X X Scale of drawing in feet per inch. X X X X Drawing shall be at a scale of not less than 1" equal to 100'. If all lots are greater than 3 acres, a 1" = 200' scale may be used Bar graph X X X X Name, address, and telephone # of X X X X preparer of plat (licensed surveyor, engineer, etc.) Developer's name, address, and daytime X X X X phone number (if different from owner's) Zoning district(s), if applicable, within the X X X X property and adjacent properties Existing land use within the property and on X X X adjacent properties Plat book or deed book reference X X X X Appendix A, Information Required With Subdivision Applications A-z ' October 8, 2001 r] Minor, Sketch, and Major Subdivisions Minor Sketch Preliminary Final Information Plat Plan Plat Plat Names of adjoining property owners (or X X X X subdivisions or developments of record with plat book reference) Tax map, block, and parcel(s) number X X X X Vicinity map showing location of site relative to X X X X surrounding area (typically drawn in upper right hand corner), at a scale of V= 2,000' Corporate limits, county lines, and other X X X X jurisdiction lines, if any, on the tract Registration and seal of land surveyor X X North arrow and orientation (north arrow shall X X X X not be oriented towards bottom of map) Source of property boundaries signed or sealed X by registered land surveyor, architect, landscape architect, or engineer Boundaries of the tract to be subdivided or X X X X developed: Distinctly and accurately represented and showing all distances Tied to nearest street intersection (within X X X 300') or USGS (within 2000') Showing locations of intersecting X X X boundary lines or adjoining properties Location and descriptions of all monuments, X X markers, and control corners Existing property lines on tract to be subdivided. X X X X If existing property lines are to be changed, label as 'old property lines' and show as dashed lines Dimensions, location and use of all existing and X proposed buildings; distances between buildings measured at the closest point; distance from buildings to the closest property lines The name and location of any property or X X X X building on the National Register of Historic Places or locally designated historic property Railroad lines and rights -of -way X X X X Water courses, ponds, lakes or streams X X X X Appendix A, Information Required With Subdivision Applications A-3 October 8, 2001 Minor, Sketch, and Major Subdivisions Minor Sketch Preliminary Final Information Plat Plan Plat Plat Marshes, swamp and other wetlands X X X X Areas to be dedicated or reserved for the public X X X Areas designated as common area or open X X X space under control of an Owners' Association Location of designated recreation areas and X X facilities Location of floodway and floodway fringe from Flood Hazard Boundary Maps and cross-section X X X X elevations Boundaries of applicable Areas of Environmental Concern in accordance with the State Guidelines X X X X for Areas of Environmental Concern (15 NCAC 7H) of the Coastal Area Management Act of 1974 Existing and proposed topography of tract and X 100' beyond property showing existing contour intervals of no greater than 5' (2' where available) and labeling at least two contours per map and all others at 10' intervals from sea level Proposed lot lines and dimensions X X X X Square footage of all proposed lots under an X X X acre in size and acreage for all lots over an acre in size Site calculations including: X X X X Acreage in total tract Acreage in public open space X X X Total number of lots proposed X X X X Linear feet in streets X X Area in newly dedicated rights -of -way X X Lots sequenced or numbered consecutively X X X Street address as assigned by the County for X X each new lot A note indicating that the proposed subdivision is X X X to be served by either a central or individual water supply and by either a central or individual sewage disposal system. ' Appendix A, Information Required With Subdivision Applications A-4 ' October 8, 2001 1 Information Minor, Sketch, and Major Subdivisions Minor Plat Sketch Plan Preliminary Plat Final Plat Certificate of Ownership X Certificate of Ownership and Dedication X Certificate of Minor Plat Approval X Certificate of Preliminary Plat Approval X Certificate of Final Plat Approval X Certificate of Approval by Division of Highways, North Carolina Department of Transportation X Certificate of Utilities Approval X Environmental Health Septic Tank Suitability Certificate X X Certificate of Purpose for Plat as required by NCGS 47-30 X X Review Officer Certification X X Certificate of Exemption, if applicable X X Wetlands Certificate, if applicable X X Private Streets Disclosure Statement, if applicable X X Private Lane Disclosure Statement, if applicable X X Access Easement Disclosure Statement, if applicable X X Existing Septic Disposal System Certification, if applicable X X ' Appendix A, Information Required with Subdivision Applications A-7 October 8, 2001 A-1-3 Documents and Written Information in Addition to Maps and Plans In addition to the written application and the plats, whenever the nature of the proposed development makes information or documents such as the following relevant, such documents or information shall be provided. The following is a ' representative list of the types of information or documents that may be requested at the time of plat submission: 1 r Minor and Major Subdivisions Information Minor Plat Preliminary Plat Final Plat Documentation confirming that the X X applicant has a legally sufficient interest in the property proposed for development to use it in the manner requested, or is the duly appointed agent of such a person. Certifications from the appropriate X agencies that proposed utility systems are or will be adequate to handle the proposed development and that all necessary easements have been provided. Detailed descriptions of recreational X facilities to be provided. Legal documentation establishing X homeowners' associations or other legal entities responsible for control over required common areas and facilities. Bonds, letters of credit, or other surety X devices. A traffic impact study performed and X prepared by a qualified transportation or traffic engineer or planner. Time schedules for the completion of X phases in staged development. The environmental impact of a X development, including its effect on historically significant or ecologically fragile or important areas and its impact on pedestrian or traffic safety or congestion. Appendix A, Information Required With Subdivision Applications ' October 8, 2001 1] 1 I Minor and Major Subdivisions Information Minor Plat Preliminary Plat Final Plat If any street is proposed to intersect with X a state -maintained street, a copy of the application for driveway approval as required by the Department of Transportation, Division of Highways Manual on Driveway Regulations. Proposed deed restrictions or covenants X to be imposed upon newly created lots. If a family subdivision is proposed, proof X that ownership of the tract to be subdivided has been in continuous ownership of the subdivider for a minimum of 15 years. If access via an historical access is X proposed in a family subdivision, proof that the historical access has been in use for a minimum of 20 years. Appendix A, Information Required With Subdivision Applications A-9 ' October 8, 2001 APPENDIX B: CERTIFICATES B-1-1 Required Certificates and Statements Type of Certificate or Statement Minor Plat Major Plat (A) Certificate of Ownership X (B) Certificate of Ownership and Dedication X (C) Certificate of Minor Plat Approval X (D) Certificate of Preliminary Plat Approval X (E) Certificate of Final Plat Approval X X (F) Certificate of Survey and Accuracy X X (G) Division of Highways District Engineer Certificate X (H) Private Roads Disclosure Statement X (1) Environmental Health Septic Tank Suitability Certificate X X (J) Utilities Certificate X (K) Certificate of Purpose of Plat X X (L) Certificate of Exemption X X (M) Review Officer Certification X X (N) Existing Septic Disposal System Certification X X (0) Wetlands Certificate X X (P) Private Lane Disclosure Statement X (Q) Statement Regarding Resubdivision of Lots on a Private Lane X (R) Access Easement Disclosure Statement X (S) Statement Regarding Resubdivision of Lots on an Access X Easement (T) Statement Regarding Resubdivision of Lots in a Family X Subdivision Appendix 8, Certificates ' October 8, 2001 B-1-2 Wording for Plat Certificates and Statements ' (A) Certificate of Ownership (For Use With Minor Plats Only) I (We) hereby certify that I am (we are) the owner(s) of the property described hereon, which property is within the subdivision regulation ' jurisdiction of Carteret County, and that I (we) freely adopt this plan of subdivision. Owner Date ' Owner Date (B) Certificate of Ownership and Dedication (For Use With Major Plats Only) I (We) hereby certify that I am (we are) the owner(s) of the property described hereon, which property is located within the subdivision regulation jurisdiction of Carteret County, that I (We) hereby freely adopt this plan of subdivision and dedicate to public use all areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, and that I (we) will maintain all such areas until the offer of dedication is accepted by the appropriate public authority. All property shown on this plat as dedicated for a public use shall be deemed to be dedicated for any other public use authorized by law when such other use is approved by the Board of County Commissioners of Carteret County in the public interest. Owner Date Owner Date (Notarized) Date 7 J Appendix 8, Certificates 8-2 ' October 8, 2001 ' (C) Certificate of Minor Plat Approval I hereby certify that the minor subdivision shown on this plat does not ' involve the creation of new public streets or any change in existing public streets, that the subdivision shown is in all respects in compliance with the Subdivision Regulations of Carteret County, and that therefore this ' plat has been approved by the Planning Director, subject to its being recorded in the Carteret County Registry within sixty days of the date below. Planning Director Date ' (D) Certificate of Preliminary Plat Approval I hereby certify that the Planning Commission of Carteret County approved on the day of , 20 the ' preliminary plan of subdivision as shown on this plat. Preliminary approval is valid for a period of 12 months from the above date or as established under the vested rights procedures, if applicable. ' Planning Commission Chair Date ' (E) Certificate of Final Approval I hereby certify that the subdivision depicted hereon has been granted final approval pursuant to the Subdivision Regulations of Carteret County ' subject to its being recorded in the Office of Register of Deeds within 6 months of the date below. I further certify that streets, utilities and other improvements have been installed in an acceptable manner and ' according to specifications of Carteret County in the subdivision depicted hereon or that a performance bond or other sufficient surety in the amount of $ has been posted with Carteret County to assure completion of required improvements. Planning Director Date Appendix 8, Certificates B-3 October 8, 2001 (F) Certificate of Survey and Accuracy I, , certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book , page , etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in Book , page ; that the ratio of precision as calculated is 1: ; that this plat was prepared in accordance with NCGS 47-30 as amended. Witness my original signature, registration number and seal this day of , A.D., 20 Seal or Stamp of Surveyor Surveyor Registration Number (G) Division of Highways District Engineer Certificate (H) hereby certify that the streets as depicted hereon are/are not consistent with the requirements of the North Carolina Department of Transportation. District Engineer Private Streets Disclosure Statement Date The following statement shall be placed on all subdivision plats that include private streets: 'The maintenance of streets designated on this plat as 'private' shall be the responsibility of property owners within this development having access to such roads. Private streets as shown hereon will not be included, for maintenance purposes, in the North Carolina highway system. Neither Carteret County nor the North Carolina Department of Transportation will maintain a private street.' Environmental Health Septic Tank Suitability Certificate The following statement shall be placed on all subdivision plats that include building lots that do not have public sewer service available to them: Lot by lot evaluations have been made of this subdivision for the purpose of determining the suitability of the soil for septic tank wastewater systems to serve the following proposed use: The evaluations were based upon the map of this subdivision dated and prepared by Appendix B, Certificates ' October 8, 2001 ' The evaluations were made according to the Laws and Rules for Sewage Treatment and Disposal Systems, Section 1900 of the North Carolina ' Administrative Code. The following are the results of the evaluations: ' Date Environmental Health Officer ' Utilities Certificate (J) I hereby certify that the ' improvements have been installed in an acceptable manner and in accordance with the requirements of the Subdivision Regulations of Carteret County or that a performance bond or other sufficient surety has ' been provided to assure completion of the required improvements. ' Signature of Authorized Agent Date ' (K) Certificate of Purpose of Plat The final plat shall contain one of the following statements, signed and sealed by the plat preparer. a. This survey creates a subdivision of land within the jurisdictional ' area of Carteret County and that the County has an ordinance that regulates parcels of land; ' b. This survey is located in a portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land; ' C. Any one of the following: 1. This survey is of an existing parcel or parcels of land and ' does not create a new road or change an existing street; 2. This survey is of an existing building or other structure, or ' natural feature, such as a water course; 3. This survey is a control survey; d. This survey is of another category, such as the recombination of existing parcels, a court -ordered survey, or other exception to the ' definition of subdivision; or e. The information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor's Appendix 8, Certificates 8-5 ' October 8, 2001 professional ability as to provisions contained in (a) through (d) above. Signed: Surveyor SEAL Date: (L) Certificate of Exemption Plats deemed to be an exemption to the provisions of these regulations shall contain the following statement prior to the owner's recording of such plats: (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon, which was conveyed to me (us) by deed recorded in Book , Page , and that said property qualifies as an exemption to the provisions of the Subdivision Regulations of Carteret County. Owner Date Owner Date Planning Director Date (M) Review Officer Certification The following certificate shall be shown of all subdivision plats: State of North Carolina 1, Review Officer of Carteret County, certify that the map or plat which the certification is affixed meets all statutory requirements for recording. Review Officer Appendix 8, Certificates October 8, 2001 Date (N) Certification of the Carteret County Health Department For Lots with Existing Septic Disposal Systems The following certificate shall be shown of all subdivision plats that include lots with existing septic systems: I hereby certify that lot(s) number(s) shown on this plat was (were) inspected for sewage disposal (existing septic system) on and, at the time of the on -site inspection, it appeared that no evidence of malfunction was shown. Supervisor, Environmental Health Section or Date Authorized Representative (0) Wetlands Certificate The following certificate or other applicable statement by the U.S. Army Corps of Engineers shall be shown on all subdivision plats that include wetland areas: This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act pursuant to the ' 1987 Corps of Engineers wetlands delineation manual as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may ' be relied upon for a period of five years from the date. ' Signature of U.S. Arm Corps of Engineers Date of Signature 9 Y P Official (P) Private Lane Disclosure Statement The following statement shall be placed on all subdivision plats that include private lanes: ' 'private The maintenance of roads designated on this plat as lane' shall be the responsibility of property owners within this development having access to such roads. Private lanes as shown hereon will not be ' included, for maintenance purposes, in the North Carolina highway system. Neither Carteret County nor the North Carolina Department of ' Transportation will maintain a private lane. Appendix 8, Certificates 8-7 October 8, 2001 (Q) Statement Regarding Resubdivision of Lots on a Private Lane ' The following statement shall be placed on all subdivision plats that include private lanes: ' No more than ten lots, including the resubdivision of the lots served by the private lane, shall be permitted unless the private lane is. upgraded by the property owner(s) to a private street or public street that meets or ' exceeds the standards of Carteret County or the NCDOT, whichever is applicable. (R) Access Easement Disclosure Statement ' The following statement shall be placed on all subdivision plats that include access easements: The maintenance of accessways designated on this plat as an 'access easement' shall be the responsibility of property owners within this development having access to such accessways. Access easements as ' shown hereon will not be included, for maintenance purposes, in the North Carolina highway system. Neither Carteret County nor the North Carolina Department of Transportation will maintain an access easement. ' Statement Regarding Resubdivision of Lots on an Access Easement (S) 9 9 The following statement shall be placed on all subdivision plats that include access easements: No additional lots, including the resubdivision of the lots served by the access easement, shall be permitted unless the access easement is upgraded by the property owner(s) to a private lane, private street, or ' public street that meets or exceeds the standards of Carteret County or the NCDOT, whichever is applicable. (T) Statement Regarding Resubdivision of Lots in a Family Subdivision The following statement shall be placed on all subdivision plats that involve a family subdivision: No additional lots, including the resubdivision of the lots served by the access easement, shall be permitted unless the access easement is upgraded by the property owner(s) to meet or exceed the standards of the Carteret County Subdivision Regulations. The lot(s) shown on this plat has (have) been created for the purpose of a family subdivision. Appendix a, Certificates 8'8 ' October 8, 2001 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX C: PROCEDURAL FLOWCHARTS Appendix Paqe C-1 Sketch Plan for Major Subdivision....................................................................C-1 C-2 Preliminary Plat for Major Subdivision...............................................................C-2 C-3 Final Plat for Major Subdivision........................................................................C-3 C-4 Minor Subdivisions........................................................................................... C-4 C-5 Amendments....................................................................................................C-5 C-6 Variances........................................................................................................G-6 1 1 1 1 1 1 1 1 1 1 1 1 1 C-1 Sketch Plan for Major Subdivision Submission of Sketch Plan to Administrator Review by the TRC and recommendation to the Planning Commission Review and Decision by the Planning Commission Disapproval • Reasons for disapproval provided in writing References: Section 3-6, Sketch Design Plan Appendix A Appendix B Appendix C, Procedural Flowchart October 8, 2001 Approval Authorization for the developer to proceed with preparation of the preliminary plat 1 1 1 1 1 1 1 1 1 1 1 1 1 C-2 Preliminary Plat for Major Subdivision Review by the TRC and recommendation to the Planning Commission Submission of the preliminary plat to Administrator 14 calendar days prior to the Planning Commission meetina Review and Decision by the Planning Commission Disapproval • Reasons of disapproval provided in writing References: Section 3-7, Preliminary Plat Review and Approval Appendix A Appendix B Appendix C, Procedural Flowchart October 8, 2001 Approval Authorization for the developer to proceed with construction of the required improvements and preparation of the final plat C-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C-3 Final Plat for Major Subdivision Installation of required improvements by developer Submission of final plat to the Administrator Review and Decision by the Planning Director Disapproval • Reasons of disapproval provided in writing • Applicant can appeal by referring the plat to the Planning Commission References: Section 3-8, Final Plat Review and Approval Procedures Appendix A Appendix B Appendix C, Procedural Flowchart October 8, 2001 Approval Recording of the approved plat within 6 months C-3 C-4 Minor Subdivisions (5 lots or Less) ' Submission of Plat and any Fee to Administrator Review by the Planning Director and TRC Decision F e Planning Director orking days after receipt of omplete application Disapproval Approval • Reasons of disapproval ' provided in writing • Applicant can appeal by referring the plat to the Planning Commission Recording of the approved plat within 60 days ' References: Section 3-4, Minor Subdivision Review and Approval Procedures Appendix A ' Appendix B Appendix C, Procedural Flowchart C-4 October 8, 2001 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 References: Section 1-9, Amendments Appendix C, Procedural Flowchart October 8, 2001 C-5 Amendments Submission of Application to the Administrator 14 calendar days prior to the Planning Commission Meeting Review by the Planning Commission and recommendation to the Board of Commissioners Public Hearing held by the Board of Commissioners Review and Decision by the Board of Commissioners Disapproval I I Approval C-5 1 1 u C-6 Variances ' References: Section 1-10, Variances Appendix C, Procedural Flowchart October 8, 2001 C-6