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HomeMy WebLinkAboutSubdivision Ordinance-1989Chowan County DCM COPY lease do not remove!!!!! Division of Coastal Management Copy SUBDIVISION ORDINANCE SEPTEMBER, 1989 - 1 1 1 1 1 1 1 1 1 Chowan County M SUBDIVISION ORDINANCE SEPTEMBER, 1989 PREPARED FOR CHOWAN COUNTY, NORTH CAROLINA BOARD OF COMMISSIONERS Alton G. Elmore,_Chairman Clara Boswell James Dail R. Wayne Goodwin Joseph_B. Hollowell Luther C. Copeland, County Manager CHOWAN COUNTY PLANNING BOARD Jack Evans, Chairman Emily Amburn Anthony Hathaway, Jr. Carolyn Spruill James Ward W. Percy White The preparation of this report 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 Research Management of the National Oceanic and Atmos- pheric Administration. KENNETH WEEDEN, AICP TALBERT, COX & ASSOCIATES, INC. I PLANNER -IN -CHARGE CHOWAN COUNTY NORTH CAROLINA SUBDIVISION REGULATIONS TABLE OF CONTENTS PAGE PREAMBLE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE I: GENERAL PROVISIONS . ....... . . . . . . . . . . . 2 Section 1.0 - Authority ... . . . . . 2 Section 2.0 - Title . . . .- . . . . . . . . . . . . . . . . 2 Section 3.0 - Reenactment and Repeal of Existing Subdivision Ordinance/Regulations . . . . . 2 Section 4.0 - Purpose . . . . . . . . . . . . . . . . . . . 2 Section 5.0 - Jurisdiction . . . . . . . . . . . . . . . . . 3 Section 6.0 - Service and Permit 3 Section 7.0 - Other Instruments . . . . . . . . . . . . . . 3 Section 8.0 - Terms of Approval . ... . . . . . . . . . . . 3 ARTICLE II: DEFINITIONS AND INTERPRETATIONS . . . . . . . . 4 Section 1.0 - Definitions . . . . . . . . . . . . . . . . . 4 Section 2.0 - Tense and Number . . . . . . . . . . . . . . . 8 Section 3.0 - Word Interpretation . . . . . . . . . . . 8 ARTICLE III: LEGAL PROVISIONS . . . . . . . . . . . . . . .10 Section 1.0 - Duty of Subdivider and/or Authorized Agent . . . . . . . . . . . . . . .10 2.0 Section - Duty of Registrar of Deeds . . . . . . . . . .10 Section 3.0 - Duty of Clerk of Court . . . . . . . . . . . .10 Section 4.0 - Separability . . . . . . . . . . . . . . . . .10 Section 5.0 - Compliance with Official Plans . . . . . . . .10 Section 6.0 - Exceptions and Variations . . . . . . . . . .11 - i Section 7.0 - Penalties for Violations . . . . . . . . . . .12 Section 8.0 - Effective Date . . . . . . . . . . . . . . . .13 ARTICLE IV: PROCEDURES FOR PLAT APPROVAL . . . . . . . . .14 Section 1.0 - Major Subdivision Review Provisions . .14 Section 1.1 - General . . . . . . . . . . . . . . . . . .14 Section 1.2 - Sketch Design Plan/Required Procedures .14 Section 1.2.1 - Sketch Design Plan/Required Contents . . . . . . . . . . . . . . . . .14 Section 1.3 - Preliminary Plat/Required Procedures . . . . .15 Section 1.3.1 - Preliminary Plat/Required Contents . . . . .17 Section 1.4 - Final Plat/Required Procedures . . . . . . . .18 Section 1.4.1 - Final Plat/Required Contents . . . . . . . .22 Section 2.0 - Minor Subdivisions Option 1 . . . . . . . . .23 Section 3.0 - Minor Subdivisions Option 2 . . . . . . . . .24 ARTICLE V: DESIGN STANDARDS . . . . . . . . . . . . . .25 Section 1.0 - Streets . . . . . . . . . . . . . . . . . . .25 Section 2.0 - Lots . . . . . . . . . . . . . . . . . . . . .27 Section 3.0 - Building Setback Lines . . . . . . . . . . . .28 Section 4.0 - Blocks . . . . . . . . . . . . . . . . . . . .29 Section 5.0 - Easements . . . . . . . . . . . . . . . . . .29 Section 6.0 - Buffer Strips . . . . . . . . . . . . . . . .29 Section 7.0 - Utilities . . . . . . . . . . . . . . . . . .29 Section 8.0 - Waterfront Lots - Special Design Criteria. . .30 Section 9.0 - Dedication of Access for Waterfront• Developments . .30 ARTICLE VI: IMPROVEMENTS . . . . . . . . . . . . . . . .32 ii n Section 1.0 - General . . . . . . . . . . . . . . . . . . .32 ARTICLE VII: SPECIAL PROVISIONS . . . . . . . . . . . . . .34 Section 1.0 - Planned Unit Development . . . . . . . . . . .34 Section 2.0 - Procedures for Variance and Exceptions . . . .34 Section 3.0 - Amendment . . . . . . . . . . . . . . . .34 Section 4.0 - Conflict . . . . . . . . . . . . . . . . . .34 Section 5.0 - Reservation of Space -for"Recreation and Open Space . ... . . . . . . . . . . . 35 ARTICLE VIII: DEFINITIONS AND INTERPRETATIONS . . . . . . . 36 Section 1.0 - Required Certificates . . . . . . . . . . . .36 Section 2.0 - Samples of Preliminary and Final Plats .40 Section 3.0 - Required Information Checklist for Preliminary and Final Plats . . . . . . . . .43 Section 4.0 - Typical Street and Roadway Design . . . . . .46 Section 5.0 - Chowan County Water Department Subdivision Policies . . . . . . . . . . . . .47 CHOWAN COUNTY, NORTH CAROLINA SUBDIVISION REGULATIONS Preamble WHEREAS, in the opinion of the Board of County Commissioners of Chowan County, it is necessary and advisable to provide for the orderly development of the County and its environs; for the coor- dination of streets within proposed- subdivisions with existing or planned streets and with other public facilities; for dedication or reservation of rights -of -way or,easement_s for streets and util- ity purposes and for the distribution of population and traffic which shall avoid congestion and overcrowding, and which shall create conditions essential to public health, safety, and general welfare; and, WHEREAS, pursuant to Chapter 153, Article 20A (1959), of the North Carolina General Statutes, notice was duly given and public hearing held on the question of adoption of this Ordinance, and all objectives hereto being properly presented and considered. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of Chowan County, North Carolina. L7 I t 1 CHOWAN COUNTY, NORTH CAROLINA SUBDIVISION REGULATIONS ARTICLE I: GENERAL PROVISIONS SECTION 1.0 - AUTHORITY: Chowan County hereby exercises its- authority to make and adopt subdivision regulations under provisions pursuant to Chapter 153A, Article 18, of the General Statutes.of North Carolina. SECTION 2.0 - TITLE: This ordinance shall be known as the "Subdivision Regulations for Chowan County, North Carolina," and may be referred to simply as the "Subdivision Regulations." SECTION 3.0 - REENACTMENT AND REPEAL OF EXISTING SUBDIVISION ORDI- NANCE/REGULATIONS: 3.1 This regulation, in part, carries forward by re- enactment some of the provisions of the existing Subdivision Ordinance of the County of Chowan. All provisions of the Subdivision Ordinance of Chowan County enacted previously, which are not reenacted herein, are repealed on and after the date of adop- tion of these regulations. 3.2 All or any subdivisions with final plat approval granted by the provisions of the previous Subdivi- sion Ordinance of the County of Chowan will not be affected by the provisions of this ordinance. All or any subdivisions with preliminary plat approval granted by the provision of the previous Subdivision Ordinance will conform to the Subdivision Ordinance in effect at the time of preliminary plat approval. All or any subdivisions without preliminary plat approval on and after the date of adoption of these regulations shall be required to abide by all provi- sions of these Subdivision Regulations. SECTION 4.0 - PURPOSE: The purpose of these regulations is to guide the subdivision of land within the limits of Chowan County in order to promote the public health, safety, and general welfare of the community. They are designed to lessen congestion in the streets and highways; to PA I further the orderly layout and use of land; to ensure proper legal description and proper monumentation of subdivided land; to secure safety from fire, flood, panic, and other dangers; to provide ade- quate light and air; to prevent the overcrowding of land and avoid undue concentration of population, to facilitate adequate provi- sions for transportation, water, sewerage, parks, schools, play- grounds, and other public requirements; and to facilitate the further re -subdivision of larger tracts into smaller parcels of land. SECTION 5.0 - JURISDICTION: On and after April 27, 1971, these regulations, as amended, shall govern each and every subdivision of land lying within the County and outside the subdivision regulation jurisdiction of any munici- pality, and territory within the subdivision regulation jurisdic- tion of any municipality whose governing body, by resolution, agrees to such regulation. SECTION 6.0 - SERVICE AND PERMIT: No street shall be recommended for acceptance for maintenance by the North Carolina Department of Transportation nor shall any �i permit be issued by an administrative agent of Chowan County for the construction of any building or other improvement requiring a permit or upon any land concerning which a plat is required to be approved, unless and until the requirements set forth in this ordinance have been complied with and same approved by the Planning Board. SECTION 7.0 OTHER INSTRIMENTS OF TRANSFER: 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. A plat shall be prepared, approved, and recorded pursuant to these regulations whenever a subdivision of land takes place. SECTION 8.0 - TERMS OF APPROVAL: The approval of a plat pursuant to regulations adopted under this ordinance shall not be deemed to constitute or effect the accep- tance by the County or the public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. 1 P-1 I ARTICLE II: DEFINITIONS AND INTERPRETATIONS SECTION 1.0 - DEFINITIONS: For the purpose of this ordinance, the following terms have been defined: I (1) Alley: A right-of-way intended primarily for motor vehi- cles, which cuts across a block -in order to improve access to adjacent streets or properties. (2) Block: A parcel of land, whichA is entirely surrounded by public streets, highways, railroad rights -of -way, parks or green strips, rural land, or drainage channels, or a com- bination thereof. (3) Building Setback Line: A line parallel to the property lines in front of which no structure shall be built. (4) Community Water Supply: A public water supply that serves a community that is not an incorporated municipality. This includes unincorporated communities, subdivisions, mobile home parks, and apartment complexes having five or more connections. Such systems must meet the standards of the Division of Health Services and the Division of Environmental Management. (5) CAMA: The Coastal Area Management Act of 1974, as 1I amended. (6) Corner Lot: A lot abutting two or more streets at a street intersection. (7) County Engineer: A Professional Engineer, registered in the State of North Carolina, employed by the County Board of Commissioners to provide engineering services to Chcwan County. (8) Dedication: A gift, by the owner, of a right to use land for stated purposes. A dedication shall be made with a written instrument and is completed with a written accep- tance. (9) Developer or Subdivider: Any person, firm, or corporation who subdivides or develops any land deemed to be a sub- division as herein defined. (10) Double or Reverse Frontage Lot: A continuous (through) lot of the same depth as the width of a block and which is accessible frcan both of the streets upon which it fronts. 1 (h) Dead End Streets: These are streets no longer than 600 feet in length, open at one end only, without special provisions for turning around and have no col- lector characteristics. (22) Single Tier Lot: A lot which backs upon a limited access highway, a railroad, a physical barrier, or a non- residential use and to which vehicular access from the rear is usually prohibited. ' (23) Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached tb something having more or less permanent location on -the ground. (24) Subdivider: Any person, firm, or corporation who sub- divides or develops any land deemed to be a subdivision as herein defined. (25) Subdivision: A "subdivision" shall include all.divisions of a tract or parcel of land into two or more lots, build- ing sites, or other divisions for the purpose, whether immediate or future, of sale or building development, and r` shall include all divisions of land involving the dedica- tion of a new street or a change in existing streets, pro- vided, however, that the following shall not be included within this definition or be subject to the regulations prescribed by this ordinance: (a) The combination or re -combination of portions of pre- viously subdivided and recorded 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 shown by the regulations prescribed by this ordi- nance. (b) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved. �1(c) The public acquisition by purchase of strips of land for the widening or opening of streets. (d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedica- tion is involved, and where the resultant lots are equal to or exceed the standards of the County, as shown by the Subdivision Regulations contained in this ordinance. H (e) The gift of a parent of a single lot to his or her child or each of his or her children where no new road is involved, provided that each and every such lot shall have dedicated right-of-way access to the State - maintained road serving the principal parcel. (26) Subdivision, Minor: A minor subdivision is a subdivision which: 1 (a) involves not more than seven lots fronting on a State - maintained road; (b) does not constitute the enlargement of a previously platted subdivision to -more than four lots; (c) does not involve any new street or prospectively require any new street for access to interior proper- ty; (d) does not require extension of public sewage or water i lines or the creation of new drainage easements; (e) does not adversely affect the development of the remainder of the parcel or of adjoining property; (f) creates no new or residual parcels not conforming to the requirements of these regulations and related con- trols. (27) Surface Drainage System: A drainage system, consisting of culverts, open ditches, or other appropriate devices, designed to facilitate the proper removal or retention of surface water from parcels or lots. (28) 100-Year Flood Area: The area of 100 years flood inunda- tion as shown on Chowan County's Official Flood Insurance Maps, as amended. SECTION 2.0: TENSE AND NUMBER: (1) The present tense includes the future tense and the future tense includes the present tense. (2) The singular number includes the plural number and the plural number includes the singular number. SECTION 3.0: WORD INTERPRETATION. - For the purpose of this ordinance, certain words shall be inter- preted as follows: 1 1 SECTION 7.0 - PENALTIES FOR VIOLATION: Any person who, being the owner or agent of the owner of any land located within the platting jurisdiction of Chowan County, as defined herein, thereafter transfers .or sells any such land as a subdivision, as defined herein, without such subdivision of land having been platted and approved underFthis ordinance and recorded in the Office of the Registrar of..Deeds of Chowan County, shall be guilty of a misdemeanor as established by G.S. 153A-334. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties as the courts may exact. The County, through its attorney or other official designated by the County Board of Commissioners, -may enjoin illegal subdivision, transfer, or sale of land by action for an injunction, and/or an Order of Abatement. Pursuant to N.C. General Statute 153A-123, as amended from time to time, a violation of any part of this ordinance may result in civil penalties being assessed against the violator in lieu of criminal penalties. when civil penalties are involved in the County's discretion, the penalty will be assessed in an amount of Fifty Dollars ($50) per day for every day's violation, payable to the Clerk of the Board of the County Commissioners. A citation shall be prepared and issued by the Subdivision Review Officer and shall require payment within ten (10) working days of issuance. If the civil penalty is not paid within ten (10) working days of the issuance of the citation, then the County has the option of collecting the civil penalty by a civil action in the nature of debt in the General Court of Justice of North Carolina. As permitted by Statute, the County may use any of the listed penalties for violation of the ordinance on a non-exclusive basis. r 1 12 SECTION 8.0 - EFFECTIVE DATE This ordinance shall take effect and shall supersede the Chowan County Subdivision Ordinance, as adopted April 5, 1971, and its revision, October, 1978, and shall be in force from and after 12:01 a.m., September 11, 1989. Revised Ordinance duly adopted this 11th day of September, 1989. Chairman;._--Ehowan County Board of Commissioners ATTEST: Nancy . Morgan, C erk % I (SEAL) ' i 1 13 1 ARTICLE IV: PROCEDURES FOR PLAT APPROVAL SECTION 1.0 - MAJOR SUBDIVISION REVIEW PROCEDURES: i SECTION 1.1 - GENERAL: No plat of a subdivision within the juris- diction of the Chowan County Planning Board shall be accepted for recordation by the Registrar of Deeds until and unless final approval has been given by the Chowan County Board of Commission- ers, the Chowan County Planning Board, or the Chowan County Sub- division Review Officer acting as .the• authorized agents of the Chowan County Board as set forth herein. To obtain final plat approval, the subdivider shall generally follow the procedures contained herein. The provisions contained in this section of the subdivision ordinance shall apply to all subdivisions having eight (8) lots or more and not otherwise meeting the criteria for "Minor Subdivisions," as described in Sections 2.0 and 3.0 of this r, Article. SECTION 1.2 - SKETCH DESIGN PLAN - REQUIRED PROCEDURES: Prior to the filing of an application for approval of the preliminary plat, the subdivider shall submit to the Planning Board a sketch design plan of the proposed subdivision at a regular meeting of the Plan- ning Board. At this meeting, the subdivider should discuss his thoughts and ideas pertaining to the new subdivision and also become familiar with the regulations affecting the land to be sub- divided. This procedure.does not require application or fee. SECTION 1.2.1 SKETCH DESIGN PLAN - REQUIRED CONTENTS: The sketch design plan will show: (1) Streets (a) Approximate rights -of -way (2) Other rights -of -way and easements (3) Lot lines (tentative arrangement) (4) Sites, if any, for schools, churches, parks, beaches, etc. (5) Site data (a) Acreage in tract (b) Approximate acreage use in parks or other than residential 14 I I(c) Approximate number_of lots (6) Sketch vicinity map showing relationship between subdivi- sion and surrounding area (7) Be of adequate, but not necessarily specific, scale (8) Name and address of the owner and the subdivider (9) Proposed name of subdivision SECTION 1.3 —PRELIMINARY PLAT - REQU,IRED PROCEDURES: (1) The subdivider shall submit four (4) copies of the prelim- inary plat and any supplementary material to the Subdivi- sion Review Officer at least fifteen (15) days prior to the regularly -scheduled Planning Board meeting, at which said plat is to be considered by the Planning Board. (2) The preliminary plat shall be checked against the design standards and plat requirements by the Technical Review Committee (composed of two members from the Planning Board along with a representative of the District Health Department as approved by the District Director). It shall be the duty of this committee to ensure that the following agencies have -an opportunity toreviewand make recommendations concerning the proposed subdivision plat before approval is.given: (a) The District Highway Engineer as to proposed streets, highways, and drainage systems (b) The County Health Director as to proposed water and sewerage systems (c) The County School Superintendent as to proposed school sites (d) The local Coastal Area Management Act Permit Officer for his determination as to whether the subdivision is located either within or outside of a North Carolina Coastal Area Management Act Area of Environmental Con- cern. The preliminary plat shall contain a statement as follows, signed by the local permit officer. "This subdivision conforms to the standards of the North Carolina Coastal Area Management Act of 1974 and is/is not located within any Area of Environmental Concern. Local Permit Officer" 15 (e) Such other agencies and officials as the County Com- missioners may deem necessary or desirable. (3) The preliminary plat shall be reviewed by the Planning Board. (a) The Technical Review Committee shall make recommenda- tions to the Planning Board, including any recommenda- tions received from other County and State agencies and officials reviewing the plat. (b) The Planning Board shall discuss with the subdivider changes deemed advisablef-" if any, and the kind and extent of improvements,to be made by him. (4) The Planning Board shall approve, approve conditionally, or disapprove the preliminary plat. (a) Approval of the preliminary plat is authorization for the subdivider to proceed with the construction of the necessary improvements or guarantee their installa- tion, as provided, in preparation for submission of the final plat. (b) If approved conditionally, the conditions and reasons thereof shall be stated, and if necessary, the Plan- ning Board may require the subdivider to submit a revised plat. (c) If the Planning Board should disapprove the prelim- inary plat, the reasons for such action shall be stated and recommendations made on the basis of which the proposed subdivision would be approved. (d) Failure on the part of the Planning Board to act with- in sixty ( 60 ) days after the preliminary plat is sub - Imitted shall be deemed approval. (5) All streets and roads in the subdivision shall be designed as public or private. This designation shall not apply to an access way for an individual property owner, but shall apply to all streets and roads for two or more property owners, lots, building sites, or other divisions of land. The streets and roads designated to be offered for dedica- tion to the public shall meet the requirements of State law for public streets. The streets and roads designated to be private shall meet the same State standards as those designated to be public. (See Article VIII, Section 4.0, for typical sections.) (6) All subdivisions shall have a water system connected to the system owned and operated by Chowan County unless service by the County water system is not available; this 1 16 l� exception, due to the lack of available services, will be determined by the County Commissioners or their duly authorized representative. The preliminary subdivision plat shall be accompanied by a complete set of construc- tion plans for the proposed system, prepared by a regis- tered engineer, and approved by the engineer of the public water system and the appropriate State agencies. All water mains and easements shall be dedicated to the pub- lic. The subdivider -shall be responsible for contacting the Chowan County Water Department and complying with the Department policies and regulations regarding subdivi- sions. (See Article VIII, Section 5.0.) SECTION 1.3.1 - PRELIMINARY PLAT -.REQUIRED CONTENTS: The prelim- inary plat shall be at a scale of 1" = 100' or larger and will be drawn on sheets not larger than 18" x 24". The preliminary plat will show the following: (Also, see Article VIII, Section 3.0). (1) The location of existing and platted property lines, streets, buildings, water courses, railroads, transmission lines, sewers, bridges, culverts and drain pipes, water mains, City and County boundary lines (if adjoining), and any public utility easements on the land being subdivided and immediately adjoining lands. (2) Name of proposed subdivision and boundaries of tract, shown with bearings and distances. (3) Existing wooded areas, marshes, normal tidal variations, floodplains (where information is available), and any other conditions affecting the site. (4) Names of adjoining property owners or other subdivisions, existing or proposed. (5) Zoning classification, if any, both on the land to be sub- divided and on adjoining land. (6) Proposed streets, street names, rights -of -way roadway widths, and approximate grades. (7) The plans for proposed utility layouts (sewer, water, gas, electricity) showing connections to existing systems or plans for individual water supply, sewage disposal, storm drainage, etc. (8) Other proposed rights -of -way or easements; locations, widths, and purposes. (9) Proposed lot lines, lot and block numbers (numbered con- secutively), and approximate dimensions. (10) Proposed minimum building setback lines with special pro- vision for waterfront lots. 17 A 1) A surety bond made by a surety company licensed to do business in North Carolina; 2) Certified check drawn in favor of Chowan County; 3) Cash deposited in an escrow account with Chowan County; 4) A certified irrevocable line of credit from a prop- erly insured financial institution; or 5) Any other method deemed appropriate by the County Commissioners. Such guarantee shall be in an amount of not less than 100% nor more than 125% of the estimated cost of the required improvements. Determination as to the appro- priate method and amount of guarantee shall be made by the County Commissioners or a duly authorized repre- sentative of the Board of County Commissioners. Per- formance guarantees shall run for a period of one year and may be renewed once for a period of one year upon written approval from the County Commissioners or their representative. If, at the end of the deter- mined time, the improvements have not been made,. the County shall be paid the determined amount and the interest that has accrued since the time of plat ap- proval. When the improvements have been made as specified in this ordinance and if cash has been de- posited with the County, the amount of guarantee and the interest accrued is to be paid to the subdivider. (b) Maintenance Guarantee - The Clerk to the Board of Commissioners shall secure from all subdividers a letter in which said subdivider shall agree to main- tain the required improvements of this ordinance until such time as: 1) In„ the case of streets, the streets of the subdivi- _ sion are accepted by the State Division of Highways for maintenance. 2) In the case of other improvements, the improvements are accepted by the County Commissioners for main- tenance, or 3) The required improvements of this ordinance are accepted for maintenance by a property owners' association that is recognized and approved by the County Commissioners. (c) Execution of Guarantees - No final plat will be accepted for review by the Planning Board or Board of Commissioners unless accompanied by written notice by 1 19 1 the County Commissioners or a duly authorized repre- sentative of the Board of Commissioners acknowledging compliance with this ordinance. (2) Upon the installation of the improvements shown in the approved preliminary plat (or a suitable arrangement for their installation) for the whole or that part of the sub- division to be developed, the applicant shall submit a final plat of the area-. (a) On application for final plat approval, the subdivider shall pay a fee of $3.00.per lot in the subdivision to Chowan County. - T (b) Final plats shall be presented on pages no larger than 18" x 24" for filing at the Office of the Registrar of Deeds. More than one page may be presented, clearly marked with section lines. A scale of one inch equals 100 feet shall be used for final plat drawings. (3) The subdivider shall submit five (5) copies of the final plat to the Chairman of the Planning Board within twelve (12) months after approval of the preliminary plat; other- wise, such approval shall become null and void unless an extension of time is applied for and granted by the Plan- ning Board. (4) Final plat submissions shall be received by the County Clerk at least fifteen (15) days prior to the meeting of the Planning Board at which it is to be considered. The Planning Board secretary shall schedule the date of con- sideration and notify the subdivider by letter. The date of consideration shall be fifty (50) days or less from the receipt of the final plat submission by the County Clerk. (5) The final plat shall be reviewed by the Planning Board Chairman, with the advice and assistance of the Technical Review Board, for compliance with the approved preliminary plan. The Planning Board may appoint an engineer to check the final plat against the subdivision's actual layout for correctness, charging the costs to the subdivider if the plat is found to be seriously in error. (a) If the final plat is found to be in compliance, the Planning Board Chairman shall transmit the final plat, together with the Planning Board's recommendations, to the County Commissioners for final action; 1 or (b) If the final plat is found not to be in compliance, or if changes have been made from the approved prelim- inary plat, the Planning Board Chairman shall notify 1 1 20 the subdivider and transmit the final plat to the Planning Board. (c) The Planning Board shall review the final plat. 1) If the final plat is in compliance with the ordi- nance and the Planning Board approves the changes made from the approved preliminary plat, the Chair- man of the Planning Board shall transmit the final plat, together with the Planning Board's recommend- ations, to the County Commissioners for final action. 2) If the final plat is not in compliance with this ordinance or the Planning Board does not approve the changes from the approved preliminary plat, the subdivider shall be given an opportunity to submit a revised final plat. If a revised final plat is not submitted, the Chairman of the Planning Board shall transmit the final plat, together with the Planning Board's recommendations, to the County Commissioners for final action. Such recommenda- tions shall specify how the final plat is not in compliance with the ordinance and any unapproved changes from the approved preliminary plat. (6) The final plat, and the recommendations of the Planning Board, shall be reviewed by the County Commissioners. The Commissioners shall approve or disapprove the final plat. (a) Approval of the final plat is authorization for the subdivider to file the plat with the Registrar of Deeds. (b) If the County Commissioners should disapprove the final plat, the reasons for such action shall be noted and recommendations made on the basis of which the proposed subdivision would be approved. (c) The action of the County Commissioners shall be noted on three copies of the final plat. Two copies shall be returned to the subdivider; one of these (on 18" x 24" format) to go to the Registrar of Deeds and the other retained for the permanent files of the Planning Board. (d) No final plat shall be approved until all required improvements are installed or their installation guar- anteed as provided in this ordinance; the inspection fee has been paid; and the certificates required by this ordinance, to appear on the final plat, have been properly filled out and signed. 1 21 1 SECTION .1.4.1 FINAL PLAT - REQUIRED CONTENTS: The final plat shall be at the same scale and shall conform substantially to the preliminary plat, as approved (see Article IV, Section 1.3.1), and shall constitute only that portion of the approved preliminary plat which the subdivider proposes -to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations. The final plat drawn in accordance with G.S. 47-30 will show: (Also, see Article VIII, Section 3.0.) (1) The lines of all streets and roads. (2) Lot lines and lot numbers._ (3) Minimum building setback lines. (4) Reservations, easements, alleys, and any areas to be dedi- cated to public use or sites for other than residential use with notes stating their purpose and any limitations. (5) Sufficient data to determine readily and reproduce on the ground, the location, bearing, and length of every street line, lot line, boundary line, block line, and building line, whether curved or straight, and including true north point. This should include the radius, center angle, and tangent distance for the center line of curved streets and curved property lines that are not the boundary of curved streets. (6) All dimensions should be to the nearest one -tenth of a foot and angles to the nearest minute. (7) Accurate location and description of all monuments and stakes. (8) The proposed utility system: (a) Water ( b ) Gas (c) Sewers (d) Storm drainage (9) The names and locations of adjoining subdivisions, and streets, and the location and ownership of adjoining unsubdivided property. (10) Title, date, name, and location of subdivision, graphic scale, and true north point. 22 ! i 1 (11) Name of owner, surveyor, and land planner. (12) Sketch vicinity map showing relationship between subdivi- sion and surrounding area. (13) All of the certificates shown in Article VIII, Sec- tion 1.0, of this ordinance shall be rubber-stamped or otherwise shown on the final plat. ISECTION 2.0 - MINOR SUBDIVISIONS, OPTION 1: The sketch design and preliminary plat approval procedure may be modified to allow for one-step final plat approval by the Planning Board where the subdivision: proposed (1) involves not more than seven (7) lots fronting on an existing State -maintained road; (2) does not constitute the enlargement of a previously plat- ted subdivision to greater than seven (7) lots;- (3) does not involve any new street nor prospectively requires any new street for access to interior property; (4) does not require any extension of public sewage or water lines or the creation of new drainage easements; (5) does not adversely affect the development of the remainder of the parcel or of the adjoining property; (6) creates no new or residual parcels not conforming to the requirements of these regulations and related controls; (7) and where the proposed plat: (a) has been submitted for review and approved by the following agencies where necessary: 1) the district highway engineer as to proposed streets, highways, and drainage systems, 2) the County sanitarian as to proposed water and sewage systems, 3) such other agencies and officials as the County Board of Commissioners may deem necessary or desirable, and (b) meets final plat criteria as set forth in this ordi- nance (see Article IV, Section 1.4.1). 23 SECTION 3.0 - MINOR SUBDIVISIONS, OPTION 2: The sketch design and preliminary plat approval procedure may also be modified to allow for one-step final plat approval by the Sub- division Review Officer where the proposed subdivision: (1) involves not more than four (4) lots fronting on a State - maintained road; (2) does not constitute the enlargement of a previously plat- ted subdivision to more than four (4) lots; (3) does not involve any new street or prospectively require any new street for access to interior property; (4) does not require extension of public sewage or water lines or the creation of new drainage easements; (5) does not adversely affect the development of the remainder of the parcel or of adjoining property; (6) creates no new or residual parcels not conforming to the requirements of these regulations and related controls; (7) and where the proposed plat: (a) has been approved by the following agencies where necessary: 1) the district highway engineer as to proposed streets, highways, and drainage systems, 2) the County sanitarian as to proposed water and sewage systems, 3) such other agencies and officials as the County Board of Commissioners may deem necessary or desirable, and (b) meets final plat criteria as set forth in this ordi- nance (see Article IV, Section 1.4.1). 1 1 24 p 1 1 a 1 11 1 ARTICLE V: DESIGN STANDARDS All streets in subdivisions shall be paved and be designed in compliance with the current Subdivision Roads Minimum Construction Standards, as published by the Division of Highways, North Carolina.Department of Transportation. Other minimum requirements for all new subdivisions are listed below (see Section 4.0): SECTION 1.0 - STREETS: (1) In any new subdivision, the street layout shall conform to the arrangement, width, and location indicated on any official plans or maps for- CFibwan County. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as -streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. (2) The proposed street layout shall be made according to good land planning practice for the type of development pro- posed, and shall be coordinated with the street system of the surrounding areas. All streets must provide for the continuation or appropriate projection of principal streets in surrounding areas and provide reasonable means on ingress and egress for surrounding acreage tracts. (3) Minimum street right-of-way width shall be as shown in the thoroughfare plan for the County; and if a plan does not exist, shall not be less than called for by the current Subdivision Roads Minimum Construction Standards, pub- lished by the Division of Highways, North Carolina Depart- ment of Transportation. (4) Paving widths shall be as shown in the thoroughfare plan for the County; and if a plan does not exist, shall not be less than called for by the current Subdivision Roads Min- imum Construction Standards, published by the Division of Highways, North Carolina Department of Transportation. (5) Unless necessitated by exceptional topography and subject to the approval of the Planning Board, the grades shall be not more than ten percent nor less than one-half percent on any street. (a) Grades approaching intersections shall not exceed five percent, for a distance of not less than 100 feet from the center line of said intersection. (b) Street grades shall be established wherever prac- ticable in such a manner as to avoid excessive grading, the indiscriminate removal of ground cover 25 1 and tree growth, and general leveling of the topogra- phy. (6) When a continuous street center line deflects at any points by more than ten degrees, a circular curve shall be ' introduced, having a radius of curvature on said center line of not less than the following: (a) Major Primary Highway County Roads 300 feet (b) Minor County Roads & City & Town Thoroughfares 200 feet (c) Local Access Roads 100 feet (7) A tangent at least one hundred feet long shall be provided between reverse curves on all streets. ( 8 ) Streets shall be laid out so as to intersect as- nearly as possible at right angles and no street shall intersect any other street at less than sixty degrees. (a) Street jogs with center line offsets of less than 125 feet shall be avoided. (b) Intersections with a major street or highway shall be at least 1,200 feet apart. (c) Property lines at street intersection shall be rounded with a minimum radius of fifteen feet or of a greater radius when required by the Planning Board. (9) Permanent dead-end streets and cul-de-sacs shall be no longer than 600 feet and no shorter than 100 feet, and shall be provided at the closed end with a turn -around ' having an outside roadway diameter of at least 100 feet and a street property line diameter of at least 120 feet. (10) Street names for all subdivision plats shall be subject to approval of the Planning Board. New street names shall not duplicate or be similar to existing street names and existing street names shall be used for proposed streets which are obviously in alignment with the existing street. ' (11) The developer shall clearly designate on both the pre- liminary and final plats whether the proposed subdivision streets are to be private or public, i.e., to be dedicated for maintenance by the State. 26 SECTION 2.0 - LOTS: 1 1 it 1 1 1 Lot sizes, shapes, and 1 oca ti ons shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Land subject to flooding, except for compliance with the Chowan County Flood Damage Prevention Ordinance, and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life, or property, or aggrevate the flood hazard; but such land may be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions. (1) Every lot shall front or abut on a public street. If re - subdivision of an existing lot is permitted, then each interior or rear lot must be"'provided with a dedicated ri gh t of- way to the State -maintained or private road serving the area. (2) Residential lots shall have a minimum of 15,000 square feet in area, not less than 100 feet wide at the building line, nor less than 150 feet deep, or as specified in the County Zoning Ordinance or dictated by the County Health Department. (3) Where public water and sewer facilities are not available and individual water supplies or individual sewage dis- posal systems are planned, the subdivider, at his own expense, shall have the site investigated by the County Health Department to determine whether or not such indi- vidual facilities are feasible and shall present proof to the Planning Board that appropriate soil tests have been conducted and each lot in the subdivision not served by public water or sewage disposal systems has been approved by the County Health Department for individual water sup- plies and/or sewage disposal systems. The site investi- gation for sewage disposal shall include sufficient number of test holes of sufficient depth to determine the ab- sorption capacity of the soil and the locations of the groundwater table, and of rock formations and other im- pervious strata. (The number of tests required and the depth of test holes shall be determined by the County sanitarian.) (a ) Where individual sewage disposal systems are planned, the minimum lot sizes specified in this ordinance shall be increased as required by the results of the site evaluation. As a minimum, and unless required otherwise by the County Sanitarian, the following shall apply: 1) In areas not served by a community sewer system, the minimum lot shall contain 15,000 square feet of suitable land, not less than 100 feet wide at the 27 Ibuilding line nor less than 200 feet deep. 2) In areas lacking both community water and community sewer systems, the minimum lot shall contain 25,000 square feet of usable land, not less than 125 feet wide at the building line nor less than 200 feet ' deep. All lots shall be in compliance with current Health Department regulations. 3) Wells shall be located at least 100 feet from any septic tank or filter field, whether on the same lot or another adjoining lot. (b) Water supply and sewerage facilities shall comply with applicable State and County Public Health laws and regulations, in all aspects not specifically mentioned ' in this document. (4) Corner lots for residential use shall have an extra width of ten feet to permit adequate building setback -from side streets. (5) Double frontage and reverse frontage lots shall be avoided, except where required to separate residential development from through traffic. (6) Side lot lines shall be substantially at right angles or ' radial to street lines. SECTION 3.0 - BUILDING SETBACK LINES: The County Commissioners and the Planning Board recognize that many areas in Chowan County offer a developer the opportunity of creating a unique living environment. Subdividers are encouraged to take advantage of the unique characteristics of their proper- ties, such as topography, water frontage, trees and shrubbery, and ' other aesthetic attributes. Exceptions and variations to the standards and requirements of this ordinance will be considered, providing that such variations will not have the effect of nulli- fying this ordinance. (1) The minimum building setback from the property lines shall be as follows, unless a variation is secured from the Planning Board: (a) From the front property line 25 feet (b) From the side property line 12 feet (c) From the rear property line 25 feet (d) From the side property line on corner lots 20 feet In cases where the subdivision lies in an area covered by the Chowan County Zoning Ordinance, which may have differ- ' 1 28 1 11 I 1'J ent setback requirements, the stricter of the requirements shall apply. SECTION 4.0 - BLOCKS: Blocks shall be laid out with special attention given to the type of use contemplated. (1) Block lengths shall not exceed 1,500 feet or be less than 500 feet. (2) 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. SECTION 5.0 - EASEMENTS: Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least twenty feet wide. (1) Where a subdivision is traversed by a water course, drain- age way, channel, or stream, there shall be provided a stormwater 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. Parallel streets or parkways may be required in connection therewith. (2) 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 consti- tutes a necessary part of the drainage control system. Such areas must be approved by the Planning Board before approval of the final plat. SECTION 6.0 - BUFFER STRIPS: A buffer strip as much as twenty-five (25) feet in depth, in ad- dition to the normal lot depth, may be required in residential subdivisions adjacent to railroads, limited access highways, and commercial and industrial developments. This strip shall be a part of the platted lots, but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees or shrubs by the owner; the building of structures hereon is prohibited." SECTION 7.0 - UTILITIES: (1) The water system of the subdivision shall be prepared by a registered engineer, and approved by the engineer of the public water system and the appropriate State agencies. I 29 ' Water lines shall be installed on the street right-of-way where possible. (2) In every major subdivision, i.e., eight lots or more, pro- visions shall be made for an adequate number of solid ' waste container sites. The sites shall comply with the following criteria: (a) From 1 to 20 lots shall have one dumpster, with a site ' size 15 feet wide and 30 feet deep; (b) From 21 to 40 lots shall have two dumpsters with ;a site size 25 feet wide and-30 feet deep; (c) Each site must have direct access to a road serving the subdivision and the access must conform to all ' applicable regulations of the NCDOT; (d) Each site area must be gravel or concrete and free ' from obstructions, especially electrical wires; (e) Site development and maintenance shall be the respons- ibility of the developer; The final decision on the number of containers and sites necessary shall be made by the Chowan County Board of"Com- missioners on recommendations from the Planning Board. SECTION 8.0 - WATERFRONT LOTS - SPECIAL DESIGN CRITERIA: ' (1) Because of special water quality concerns in Chowan County as a coastal county, where a subdivision contains lots which adjoin the Chowan River, the Albemarle Sound, or ' their impounded waters and tributaries, no construction or building, other than that specified in this ordinance, shall take place within 50 feet landward of the mean high water mark. This 50-foot setback from the shoreline may include the required setbacks stated in Article V, Sec- tion 3.0. r(2) The 50-foot setback area shall not contain any buildings or related structures, such as decks, paved patios, or utility sheds. On -site septic systems and nitrification lines are also prohibited from this area. The primary use of the area is the growth of natural vegetation such as a grassed lawn. (3) The only structure permissible within the waterfront set- back area is an elevated pier of wood construction, no more than six feet wide, constructed to provide access to ' the water. (4) Developers will also be responsible for compliance with the N.C. Environmental Management Commission's Stormwater Runoff Disposal regulations, effective as of January 1, 1988. ' 30 11 ' SECTION 9.0 - DEDICATION OF ACCESS FOR WATERFRONT DEVELOPMENTS: (1) Where a subdivision which adjoins the Chowan River or the ' Albemarle Sound, or their impounded waters and tributar- ies, contains interior lots, parcels, or tracts of land which do not adjoin the water's edge, but any part of ' which is within 500 feet of the water's edge, one or more lots which adjoin the water's edge shall be reserved to provide water access for the owners of interior proper- ties. Such lots shall hereafter be called "water access lots." (a) If property which is i_n'.the same ownership adjoins (� said subdivision, this property shall be construed as being a part of the subdivision for purposes of determining requirements of water access lots. Also, if only waterfront lots are developed, the provisions of this section shall still be applicable. (b) The water access lots shall equal an area not less than 8% of the area (exclusive of streets) of all the interior property which lies within 500 feet of the water's edge. Where the 8% would equal less than ' 2,000 square feet, the subdivider shall not be re- quired to provide any water access lots. All water access lots shall have a minimum frontage at the ' water's edge of 100 feet. (c) All water access lots shall abut both a street and the water shoreline. ' (d) The water access lots shall either be dedicated to the County (but only if the Board of Commissioners agrees to accept such dedication) or shall be trans- ' ferred in fee simple title to the common ownership of all owners of the subdivision. (e) Before approval of the final plat can be given, the subdivider shall submit to the Planning Board a covenant stating either: 1) that he will dedicate the required amount of water access lots to Chowan County, or 2) that he will convey title to the water access lots to the purchasers of each interior lot, said purchasers to have common ownership of the water access lots with undivided fee simple interest and shall be equally responsible for the maintenance of ' water access lots. 1 31 (f) If the subdivider chooses to dedicate the water access lots to the County, the Board of Commissioners must have agreed to accept the responsibility of maintaining the lots, and the preliminary plat and the final plat must show the dedication. ' (g) If the title is transferred to the interior lot owners, the preliminary plat and final plat shall designate the following: 1) the lot or lots that ' are to serve as water access lots, and 2) the lots the owners of which are to have common title to the water access lots. (Example: Owners of Lots 1, 2, 3, 4, 5, etc., to have undivided fee simple title to this water access lot..) 11 1 1 31(a) 11 ff� ' ARTICLE VI: IMPROVEMENTS ' SECTION 1.0 - GENERAL: No subdivision shall be granted final approval unless the following improvements either have been constructed or approved plans prepared ' and their execution guaranteed in accordance with the provisions of Article IV, Section 1.4 (page 18). (1) Within the corporate limits of any municipality whose ' governing body agrees by resolution to these regulations. Grading street rights -of -way, paving roadways at the desig- nated width, and installing-' facilities for water supply, i sewage collection, and surface drainage, all in conformance with standards specified by.the various town engineers. The design of all public streets and roads, and the drainage, base preparation, paving, and subsequent maintenance, shall be approved by the State Department of Transportation and shall meet the standards of that agency. (2) Within Chowan County, but outside the limits of the juris- diction of a municipality. The subdivider of any subdivi- sion shall design, clear, pave, and maintain all public ' streets and roads to meet the State Department of Trans- portation standards, as contained in the current Subdivision Roads Minimum Construction Standards. The subdivider shall have the approval of that agency for his design and for the subsequent grading, drainage, base preparation, paving, and maintenance. ' (a) All private roads shall meet the standards of the De- partment of Transportation for design, and for drain- age, base preparation, paving, and maintenance. Prior to recording of the final plat and prior to release of bond guarantees, the developer shall certify to the Chowan County Board of Commissioners that the roads were constructed as designed, i.e., according to the ' N.C. Minimum Construction Standards for Subdivision Roads. This certification may be in the form of a statement by a registered professional engineer or other qualified party acceptable to Chowan County. The developer shall also be responsible, at his own expense, for proper installation of road and/or street ' name signs according to the following standards: ' 1. A nine inch vertical dimension shall be used on all diagram, 46-J) streets. (See page 1 32 II 2. All signs shall be made of flat blades (2 per road name) with a green engineer grade reflective sheeting background and white engineer grade sheeting for message. 3. Posts for mounting the signs will be made of alum- inum round - 10' x 6" x 2.37 O.D. x 109" or galvanized steel square 12' x 211. 4. Road name signs and posts shall be placed at least two feet behind the face of the curb with a minimum clearance of seven feet from the bottom of the sign to the projected edge of the pavement. If there is no curb and gutter, the signs will be placed behind the ditch line, out of the maintenance area. 5. At least one road name sign (with message visible from both sides) shall be mounted at each intersec- tion. 6. Each sign on the secondary road system shall have a SR number followed by the road name. The letters "SR" and an arrow shall be placed above the secon- dary road number at the beginning of the sign. 7. The road name must not have more than 14 letters. The road name with the appropriate "RD, ST, DR, AVE, CR, CT, PL, LN, TR, LP, SQ, BLVD, PKW, HWY, EXPWY, OR FWY," shall follow the SR number. 8. All the messages shall be in the upper case letters. 9. The developer is responsible for the cost of the signs and post, installation of signs and post, and maintenance. (b) The subdivider shall construct a water system to be connected to the system owned and operated by Chowan County, unless the subdivision is an exception defined in Article IV, Section 1.3(6). The water system shall meet the specifications of the engineer of the County water system and be approved by the appropriate State 32 (a) I 1 1 agencies. The costs of the construction, connection, and approval of the subdivision water system shall be paid by the subdivider. (c) If the services of a consultant are required by the County Commissioners to determine if improvements have been properly made or properly guaranteed as provided by this ordinance, the costs of such services shall be paid by the subdivider. (3) Within all of Chowan County. (a) Monuments: Permanent concrete monuments four inches in diameter or square, three feet long, shall be placed at not less than two corners of the subdivi- sion, provided that additional monuments shall be placed where necessary so that no point within the subdivision lies more than 500 feet from a monument. Two or more of the required monuments shall be desig- nated as control corners. The top of each monument shall have an indented cross, metal pin, or metal plat to identify properly the location of the point. All monuments shall be shown on the final plat. (b) Property Corner Tie. At least one corner of the property surveyed shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within 2,000 feet of a U.S. Coast and Geodetic Station or N.C. Grid System coordinated monument, then this corner shall be accurately tied to this station or monument by com- puted X and Y coordinates, which shall appear on the map with a statement identifying this station or monu- ment or to an accuracy of 1:15000. When such a monu- ment or station is not available, the tie shall be made to some pertinent and readily recognizable land- mark or identifiable point, physical object, or struc- ture. (c) Markers: All lot corners, all points where the street lines intersect the exterior boundaries of the subdivision, and all angle points and points of curve in each street shall be marked with iron pipe no less than 3/4 inches in diameter and 30 inches long, driven so as to be two inches above the finished grade. 1 33 1 1 I I 1 ri ARTICLE VII: SPECIAL PROVISIONS SECTION 1.0 - PLANNED UNIT DEVELOPMENT: The standards and requirements of this ordinance may be modified by the Planning Board in the case of a plan and program for a group, cluster, or planned unit development, which, in the judg- ment of the Planning Board, provides adequate public spaces and improvements for circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other" legal provisions as will assure conformity to and achievement of the Land Development Plan. A Planned Unit Development - is a comprehensively planned project which permits flexibility in building siting, mixtures of building types and land uses, recreational areas and open spaces, and preservation of significant natural features. SECTION 2.0 - PROCEDURE FOR VARIANCES AND EXCEPTIONS: (1) The subdivider must submit a written request stating the reasons for each modification. The Planning Board may require such conditions as will, in its judgment, preserve the spirit and intent of these regulations. These condi- tions may include, but shall not be limited to: surety, performance, or maintenance bonds, or affidavits, cov- enants, or other legal instruments as will assure conform- ity to and achievement of the plan. (2) Any modifications thus recommended are required to be entered in writing in the minutes of the Planning Board and the reasonings on which the departure was justified set forth. The Planning Board shall present the request to the Board of Commissioners. The Board of Commissioners shall take action on the request within 60 days. If the Commissioners fail to take decisive action within 60 days, then the variance shall be considered approved. SECTION 3.0 - AMENDMENT: The Chowan County Board of Commissioners may, from time to time, amend these regulations, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendations. The Plan- ning Board shall have forty (40) days within which to submit a report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amend- ment. SECTION 4.0 - CONFLICT: When the requirements of this ordinance conflict with the require- ments of other lawfully adopted rules, regulations, or ordinances 34 of Chowan County, or deed restrictions imposed by the developer, the more stringent or higher requirements shall govern. SECTION 5.0 - RESERVATION OF SITES FOR RECREATION AND OPEN SPACE: In all subdivisions with ten (10) or more residential lots, excepting for waterfront subdivisions which must comply with Article V, Section 9.0, there shall be one or more recreation areas which shall be easily accessible to all residents. The amount of recreation area shall be based upon a minimum of 200 square feet for each residential lot. Twenty (20) or more lots will require 250 square feet for each. No single outdoor recrea- tion area shall contain less than 2,000 square feet. Recreation areas shall be so located so as to__be free of traffic hazards and should, where topography permits, be centrally located and shall .- be usable for recreation. I 1 1 0 1 1 35 I L " ARTICLE VIII: APPENDICES SECTION 1.0 REQUIRED CERTIFICATES: The certificates listed herein shall either appear on, or be attached to, all final plats, if applicable. (1) Certificate of Ownership and Dedication I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I hereby adopt this plan of- subdivision with my (our) (we) free consent, establish the minimum building lines, and dedi- cate all streets, alleys, walks, parks, and other open spaces to public or private use as noted. Further, I (we) certify that the land as shown hereon is within the sub- division regulations jurisdiction of the County Commis- sioners of Chowan County Date Owner rr: Owner (2) Certificate of Accuracy and Mapping I, , certify that this plat was drawn under by supervision from (an actual survey made under my supervision) deed description in Book , Page , etc. (Other; that the error of closure as calculated by latitudes and departures is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ;) that this map was prepared in accordance with G.S. 47-30, as amended. Witness my hand and seal this day of A.D., 19 ISurveyor or Engineer I 36 1 (3) Notary Seal North Carolina 1, County I, , a Notary Public for said County and State, do hereby certify that a registered land surveyor appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this the day of , 19 (Official Seal) Notary Public (4) CAMA Consistency Certificate ' I hereby certify that this subdivision conforms to the standards of the North Carolina Coastal Area Management Act of 1974 and is/is not located within any Area of Environmental concern. Date Local Permit Officer • (5) Certificate of the Approval of Water System I hereby certify that the water supply system in- stalled, or proposed for installation, in the subdivision ' entitled , fully meets the require- ments of the Chowan County Utilities Department, and is hereby approved as shown. Date Director, County Utilities Department (6) Certificate of Approval and Acceptance of.Dedications the Clerk to the Board of Commissioners of Chowan County, do certify that Chowan County approved this plat or map and accepted the dedica- tion of the easements, rights -of -way and public park shown thereon, but assume no responsibility to open or maintain the same until, in the opinion of .the governing body of Chowan County, it is in the public interest to do so. Date Clerk to the Board of Commissioners 37 (7) Certificate of the Approval of Streets and Related Utilities i I hereby certify that streets and related utilities and improvements have been designed and will be installed in an acceptable manner, and according to County specifi- cations and the current N.C. DOT Subdivision Roads Minimum Construction Standards, in the subdivision entitled 1 A Date Developer's Engineer (8) Certificate of Approval of Surety for Improvement I hereby certify: (1) that a security bond in the amount of $ has been posted with the Chowan County Board of Commissioners for installing improvements in the subdivision entitled , or, (2) that a satisfactory financial arrangement has been made to assure completion of all required improvements in case of default. Date County Manager (9) Certificate of Approval for Recording I hereby certify that the subdivision plat shown here- on has been found to comply with the Subdivision Regula- tions for Chowan County, with the exception of such vari- ances, if any, as are noted in the minutes of the County Commissioners and that it has been approved for recording in the office of the Registrar of Deeds. Date Chairman, County Commis- sioners or Authorized Local Official 38 IADDITIONAL DISTRICT HEALTH DEPARTMENT CERTIFICATIONS (10) This subdivision, entitled , has been designed for the construction of individual sewage systems and meets the criteria and requirements of the District 1 Health Department based on existing conditions and regula- tions. The District Health Department reserves the right to require additional improvements to these properties and to limit the number of bedrooms and size of structure bas- ed on site conditions upon issuance of the final site im- provements permits. This certification does not consti- tute a warranty and is issued based on this subdivision being serviced by water system(s). (Individual Public) District Health Director Date (11) ADDENDUM #1 Artificial drainage has been installed in this subdivision according to plans and specifications prepared by and based upon the requirement of the District Health Department to keep the seasonal high water table a minimum of twelve inches (12") below the septic tank nitrification lines. Proper landscaping and maintenance of these drainage facilities are the responsi- bility of the property owners to insure that septic tank iialfunctions'do not occur. The District Health Department assumes no responsibility for the design, maintenance, or the guaranteed performance of the artificial drainage measures and their effects. L CERTIFIER OF DRAINAGE FACILITIES DATE 1 DISTRICT HEALTH DIRECTOR DATE 38-A I 1 1 I 11 I (12)Certificate of Disclosure - North Carolina Coastal Area Management Act I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign, a statement which fully and accurately discloses that the buyer may have responsibility to obtain a development permit (minor or major) and the agency to which an application must be filed in order to obtain a permit prior to any undertaking or activity, subject to the requirements of the North Carolina Coastal Area Management Act. Signature of Owner(s) (13)Certificate of Disclosure - Chowan County -Floodplain Management I (we) hereby certify that agreement or any conveyance wit (we) shall prepare and sign, and real estate shall receive and fully and accurately discloses estate, or a portion of the located within a flood hazard are satisfy the requirements of the Management Regulations prior to tion permits. prior to entering any h a prospective buyer, I the buyer of the subject sign, a statement which that the subject real subject real estate, is a and that the buyer must Chowan County Floodplain the issuance of construc- Signature of Owner(s) 1 39 1, 1 f 1 1 PRELIMINARY PLAT • names of adjoining .•'••1 properties • property lines roads right of ways, etc. ;' • proposed utilities •.,•••� *approximate dimensions, lot lines and setback.,t, lines *contours ••••••••••••••••••• • street names • • present 'zoning •, classification • name,, location, owner •� and designer • date.. north point and graphic scale SKETCH VICINITY MAP - SITE DATA Br,jn11ey Property ��V1 (undevelop eY.) 04 - - S11•57 050 o O, • /4, ls. ✓' ,�—I� / I *too•rn • i i s v. cll� 1 � O � n •,� � �� R 20 i t i qo O� j I � • I • , , -_ T �� ,5 . • � C_ 1 45 I�•. , ' ,poi C_ I fnii �A��,o/y in '2,?one l OI27 �" -! / t P.gEL/M/NARY RLA/V FOR see 7/0N :4 0fN7-01V HI«s C. A/eoson /vi'//e , N. Londscepe Archi/tc/ �tIS/7E8 O SeAL5 /N F f' oc •' Owner H. DENNY FEB 3 41 FINAL PLAT *names of adjoining ••• properties • sufficient engineering data to reproduce any lines on the ground • monuments .••• • streets,, lots, set back 4 lines, lot numbers, etc, • dimensions, angles and • bearings • street names • • date, title, name and location of subdivision • graphic scale and north point 5 1 T E DATA BronIle y fro cerfy 4"W so- 0OU. o (cv�•��eve/oiled) , I' ,3 o. So N- .•• ••• 0- Montimen� 5 0� b c o_ • 11 *57 60.00' c \ •UA ti ?• Uri mo ••' ' • " Are 56.47 � � / fob 9e \ E 5 p16 0, - , t Curve ��" • r-i30.00' �_ ?, • S��E �2.0�,9,g7.9G \� • �� 00. � � � � �a cr /3 I • 0 A. C. a .r . vs••••• h I � o '� 1 ••• O ao mg a 2 9554 N27'22 E //2.22.52"o o • _ _tv y. ••• •••• ` 3Z O 3 2 go0. M b O •�O e ! R zo ' Q ••••� I •••• a NZ5,-54f '� N32'7.- — --� ? .2 • Arc p-�• - gG.98 rc'.'f� .,�[N%U R -"— r— A 30 Arc SC' .48 y so°. O ( b v° Arc• spa. R O 0 I--," d o Arc. �' �� cS I N28°37'E /30. 92' o, � '7 - I�9 / l �9 Seib 3 O /60.00 I O Z S270S4 _ J o 132.14 N2� -/7 E _ —� 3 _4-6 1 1N e SEOTi ON A DENTON HILI-s /eosor� ftii //e, N. C. Engineer 1. ,/. fOY SCALE IN C r. �00 zoo O,wl? er N. ofNNY A Pk1L /, . 42 LJ SECTION 3 .0 - REQ UI RED INFORMATION CHECKLIST FOR PRELIMINARY AND FINAL PLAT S: This section contains a review checklist of the required submissions for both the preliminary and final plats, pursuant to Article IV, Sections 1.3.1 and 1.4.1. An "X" indicates that the information is required. Preliminary Final (1) The location of existing _.and platted property lines, street-s; buildings, water courses, -rail- roads, transmission lines, sewers, bridges, culverts and drain pipes, water mains, City and County lines (if adjoining), and any public utility ease- ments. X (2) Boundaries of tract shown with bearings and distances. X X (3) Wooded are , normal as marshes tidal variations, floodplains (where information is available) , and any other conditions affecting the site. X (4) Names of adjoining property owners or subdivisions. X X (5) Zoning classification, if any, both on the land to be subdivided and on adjoining land. X (6) Proposed streets, street names, rights -of -way roadway widths, approximate grades, and public or private designation. X X (7) The plans for proposed utility layouts (sewer, water, gas, elec- tricity) showing connections to existing systems or plans for community water systems, and community sewer systans, storm drainage, etc. X X (8) Other proposed rights -of -way or easements; locations, widths, and purposes. X X 43 Preliminary Final (9) Proposed lot lines, lot and block X X numbers, and approximate dimen- sions. (10) Proposed minimum building setback X X lines. (11) Contour map with intervals of two X feet or less when required by the Planning Board. (12) Proposed parks, school sites, X X _,or other public open spaces, if any.y- (13) Title, date, north point, graphic, X X and numeric scale. (14) Name of owner, surveyor, and land X X planner. Site data: X X (15) (a) Acreage in total tract (b) Acreage in parks, access sites, or other land usage (c) Total number of lots (d) Number and location of solid waste container sites (16) Sketch vicinity map showing X X relationship between subdivision and surrounding area. (17) A statement, as follows, signed by X the local permit officer: "This subdivision conforms to the standards of the North Carolina Coastal Area Management Act of 1974 and is/is not located within any Area of Environmental Concern. ILocal Permit Officer" (18) Required improvements installed or X their installation guaranteed as provided in this ordinance; the inspection fee has been paid; and the certificates required by this ordinance have been properly filled out and signed. 44 1 (19) Sufficient data to determine readily and reproduce on the ground, the location, bearing, and length of every street line, lot line, boundary line, block line, and building line, whether curved or straight, and including true north point. This should include the radius, center angle, and tangent distance for, the center line of curved streets"dnd curved property lines that are not the boundary of curved streets. (20) All dimensions should be to the nearest one -tenth of a foot and angles to the nearest minute. (21) Accurate location and description of all monuments and stakes. ( 22 ) All of the certificates shown in Article VIII, Section 1.0, of this ordinance shall be rubber- stamped or otherwise shown. r i Preliminary Final 1 45 SECTION 4.0 - TYPICAL STREET AND ROADWAY DESIGN The following graphics, taken from Subdivision Roads Minimum Con- struction Standards, Division of Highways, N.C. Department of Transportation, July 1, 1985, are presented as examples of N.C. DOT -approved or recommended subdivision roadway and street design. However, the developer must consult with the Division of Highways in order to comply with the most current standards which may be developed after July 1985. it 1 46 45' . RIGHT, OF WAY 6' 1 6' S' SHOLLDER PAVEMENT SHOULDU DITC I�PER �1/4. PER.FT. / -,-PM 3. +lkvld LOCAL RESIDENTIAL ROAD sd i A" STBC or ABC RIGHT, OF WAY ' 20 6' 6' HOULDER, PAVEMENT I SHOULD DITCH . 1/4'PER.Fr i 4f� E RESIDENTIAL COLLECTOR ROAD ?ERRS MAX. SLOPE LEVEL 2:1 ROLLING 2:1 HILLY HIZ:I STBC or ABC 24' BRIDGE TYPICAL SECTION FIGURE 1 : CROSS-SECTION -SHOULDER SECTION 46-A .J *NOTE: ON MINOR RESIDENTIAL SUBDIVISION A. LOCAL RESIDENTIAL ROAD ROADS,A MAXIMUM OF TWO -TENTHS OF A MILE . IN LENGTH, 24' G-G MAY BE USED. . ee' RIGHT OF WAY S'. 3 ' I G-G s' I i 3L0 I/4e PER. FT. SLOPE -77 _ B. RESIDENTIAL COLLECTOR -ROAD TERRAIN MAX SLOPE „ NOTE: FOR BOTH T aV, REQUEST FOR TYPICAL SECTIONS LEVEL 2:I APPROVALS BY THE DEPARTMENT OF TRANSPORTATION THAT INCLUDES SIDEWALKS'OR FUTURE SIDEWALKS ROLLING 2;1 WILL BE REVIEWED INDIVIDUALLY BY THE DIVISION ENGINEER. HILLY I-I/Z V WIDTH OF ROAD (GUTTE R. TO GUTTER) a• A! SPEED LIMIT OFFSET 245 MPH Z' C. BRIDGE TYPICAL SECTION WITHOUT SIDEWALK --- --OF ' ROAD ..--.... _... (GUTTER ZO GUTTER) D. BRIDGE TYPICAL SECTION -WITH SIDEWALK FIGURE 2: CROSS-SECTION: CURB a GUTTER SECTION - 46—B i 1 1 1 1 1 1 1 i W 70* �- R/ W EDGE OF PAVEMD17 30 CURB A GUTTER SIGHT i s TRIANGLE �R=30' . EXISTING ROAD R/W FIGURE 3 RECOMMENDED ROAD CONNECTION NEW RESIDENTIAL ROAD. OR RESIDENTIAL CCLL.ECTOR ROAD . WITH CURB S GUTTER AND EXISTING., STATE-. -MAINTAINED WITH SHOULDER SECTION 46-C .t W I 50' TAPER (REQUIRED FOR W LESS THAN 26) SIGHT TRIANGLE �. R/W 70 1 R' 30' ST0P3v EXISTING ROAD FIGURE 4 RECOMMENDED ROAD : CONNECTION • s NEW RESIDENTi:�.; .ROAD. OR RESIDENTIAL - ^.OLLECTOR ROAD. AND E)aST1NG STATE MAINTAINED . ; ROAD STOP CONDITION 46—D 1 1 1. 1 1 i l 1 1 1 1 1 1' i' 1 1 1 FACE OF CURB ;16% - I +13.6% 1 +2.5 % -4.0 % _._.. EXIST. OR PROP'.. PAVEMENT 3`-0" :�- O" 5'-011 . A. CURB a GUTTER SECTION VAR. 6`-.0, 91-0" PAVEMENT WIDTH SHOULDER WIDTH 1/4"/FT. ■ 1/4 PER. FT. - or 2. % +8 % -18 or 0 FT. S'-0 18 B. SHOULDER SECTION . , FIGURE 5 ORIVEWAY TURNOUT GRADES 46-E 5`-0 6 1-� 1 1 i 1 1 1 1 1 1 1 1 19 JGV 1 IVI`I N-N -TERRAIN_ MAX SLOPE LEVEL 211 I ROLLING 2:1 HILLY 1-f/2:1 FIGURE 6 SYMMETRICAL CUL-DE-SAC WITH CURB a GUTTER 46-F 1 1 1 1 1 1 1 1 1 1 1 1 P 50'R . P 45' R.O.W. "SLOPE --AS R ECt D:_ ..... SECTION A -A TERRAIN VAX, SLOPE LEVEL 211 ROLLING 2 s 1 HILLY 1-1/211 6� 1' PR FIGURE 7 SYMM ETRICAL CUL-DE-SAC NO CURB & GUTTER 46—G 3; 1 R 1 I -- ' I I 1 11 I Lul "LOOP" ROAD "T" CUL-DE-SAC (0(0 ' " L" CUL: DE -SAC CUL-DE-SAC WITH INTERIOR ISLAND r i ' FIGURE 8 f EXAMPLES OF MINOR RESIDENTIAL CUL-DE-SAC DESIGNS 1 46-H 31, 6. 3s �I SLOPE AS REdO. �. rr. ` SECTION A -A *TERRAIN MAX SLOPE LEVEL 211 ROLLING 2 1 1 HILLY 1 1/211 j 40`I RIGHT OF WAY 622,IIB-8 63 1/4�PER!tT. PAL tr2'PER FT. sEcnON R-+3 NOTE: THIS DESIGN IS TO BE LIMITED TO LOOP ROADS AND CUL-DE-SACS 02 MILE OR LESS IN LENGTH. FIGURE 9 SYMMETRICAL CUL-DE-SAC WITH 21-0N VALLEY GUTTER REV. DATE 6/12/84 PE 46-I r� r� ■Ir � rr �Ir�r r rl Ir r� Ire r� rr r r r r rl Iu sc SAMPLE DIAGRAM: ROAD AND STREET SIGN DIMENSIONS 234o PAGE Ro r r 5 B 3'B' 9 SECTION 5.0 - CHOWAN COUNTY WATER DEPARTMENT SUBDIVISION POLICIES ' (1) General Provisions (a) Any subdivision developer or other person requesting per- ' mission to connect water lines to the County system is re- sponsible for all costs associated with construction of the lines including .preparation of plans, approval by County engineer, obtaining approval of State Health Department, installation of lines, and supervision of construction by water system personnel. r(b) After acceptance by the County, water lines become the property of the County water system and will be maintained ' by the County. (c) Plans for water lines must be prepared or approved by the County engineer. be by the N.C. Department of Health. (d) Plans must approved (e) All pipe, valves, hydrants, and other materials must be ' inspected and approved by the County engineer and water superintendent prior.to_installation. (f) All water lines must be installed, tested, and disinfected under observation of the County engineer or water super- intendent. ' (g) Service tap lines to meter box will be installed by the County. Cost of this service must be paid by water user. (h) A conference will be held prior to installation of any piping to discuss the specifications and how work is to be performed. The conference will be attended by the County Water Superintendent, developer, contractor representative, ' County Manager or Chairman of Board of Commissioners. ' (i) All pipeline tie-ins or taps to the County Water System will be performed by the County at the developer's ex- pense. (j) The Contractor must guarantee and be responsible for re- pairs in all lines and service for a period of one year after acceptance by the County. (2) Outline of Procedures (a) Notification of Design Approval - After a review of the proposed water distribution lines for each subdivision, Chowan County Water Department engineers will return the r47 1 11 plans to the office of the County Manager with any com- ments and changes in the proposed design which will be required. The County Manager will return the approved copy of the plans and drawings, with the comments and any required changes, to the developer or his engineer. (b) Approval by the N.C. Division of Health Services - All extensions and additions to the Chowan County Water De- partment require by law approval by the N.C. Division of Health Services in Raleigh. Approval is obtained through submitting a request for approval form provided by the Division of Health Services .to, State Division of Health Services, P.O. Box 2091, Raleigh, NC 27602. Chowan County requires that the subdivision developer furnish four (4) copies of the proposed water line plans and four (4) copies of the Division of Health Services application, to the office of the County Manager. The County Manager will then forward the plans and applications to the Division of Health Services for approval. After notification of ap- proval from the Division of Health Services, the- developer will be notified and the construction and installation of the water lines can begin. (c) Inspection of Water Line Installations - Chowan County requires that the developer or his water line contracting company have all water lines installed in accordance with the guidelines and specifications of the Chowan County Water Department. A copy of the specifications will be furnished by the County to the developer for used by his engineering firm and the water line contracting company. Chowan County also will require that all of the lines in- stalled be inspected and approved by the Chowan County Water Superintendent. (d) As -Built Plans for Water Lines - The developer will be required to furnish to Chowan County, after the completion of all installation of water facilities, two (2) copies of engineering as -built plans. These plans will become a permanent part of the Chowan County Water Department files and records for future use in maintenance, repairs and water system design. The two (2) copies should be furn- ished by the developer's engineer to the Chowan County Water Superintendent. (e) Materials and Construction for Water Lines - In accordance with the rules and regulations of the Chowan County Water Department, all materials used in construction of water lines are to be in accordance with specifications provided by the Chowan County Water Department. The installation of all lines and facilities will also be in accordance with the prescribed procedures and specifications of the County's water system. 11 29